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The world was a different place when, in October 2015, the Court of Justice of the European Union (CJEU) struck down the “Safe Harbour” data-sharing agreement that allowed the transfer of European citizens’ data to the US. The Court’s decision concluded that the indiscriminate nature of the surveillance programs carried out by U.S. intelligence agencies, exposed two years earlier by NSA-contractor-turned-whistleblower Edward Snowden, had made it impossible to ensure that the personal data of E.U. citizens would be adequately protected when shared with American companies. The ruling thus served to further solidify the long-standing conventional wisdom that Continental Europe is better at protecting privacy than America. However, Europe’s ability to continue to take this moral high ground is rapidly declining. In recent months, and in the wake of a series of terrorist attacks across Europe, Germany, France and the United Kingdom — Europe’s biggest superpowers — have passed laws granting their surveillance agencies virtually unfettered power to conduct bulk interception of communications across Europe and beyond, with limited to no effective oversight or procedural Safeguards from abuse.

The World Wide Web Consortium (W3C), once the force for open standards that kept browsers from locking publishers to their proprietary capabilities, has changed its mission. Since 2013, the organization has provided a forum where today's dominant browser companies and the dominant entertainment companies can collaborate on a system to let our browsers control our behavior, rather than the other way. This system, "Encrypted Media Extensions" (EME) uses standards-defined code to funnel video into a proprietary container called a "Content Decryption Module." For a new browser to support this new video streaming standard -- which major studios and cable operators are pushing for -- it would have to convince those entertainment companies or one of their partners to let them have a CDM, or this part of the "open" Web would not display in their new browser. This is the opposite of every W3C standard to date: once, all you needed to do to render content sent by a server was follow the standard, not get permission. If browsers had needed permission to render a page at the launch of Mozilla, the publishers would have frozen out this new, pop-up-blocking upstart. Kiss Firefox goodbye, in other words.

The W3C didn't have to do this. No copyright law says that making a video gives you the right to tell people who legally watch it how they must configure their equipment. But because of the design of EME, copyright holders will be able to use the law to shut down any new browser that tries to render the video without their permission. That's because EME is designed to trigger liability under section 1201 of the Digital Millennium Copyright Act (DMCA), which says that removing a digital lock that controls access to a copyrighted work without permission is an offense, even if the person removing the lock has the right to the content it restricts. In other words, once a video is sent with EME, a new company that unlocks it for its users can be sued, even if the users do nothing illegal with that video. We proposed that the W3C could protect new browsers by making their members promise not to use the DMCA to attack new entrants in the market, an idea supported by a diverse group of W3C members, but the W3C executive overruled us saying the work would go forward with no safeguards for future competition. It's even worse than at first glance. The DMCA isn't limited to the USA: the US Trade Representative has spread DMCA-like rules to virtually every country that does business with America. Worse still: the DMCA is also routinely used by companies to threaten and silence security researchers who reveal embarrassing defects in their products. The W3C also declined to require its members to protect security researchers who discover flaws in EME, leaving every Web user vulnerable to vulnerabilities whose disclosure can only safely take place if the affected company decides to permit it.

The W3C needs credibility with people who care about the open Web and innovation in order to be viable. They are sensitive to this kind of criticism. We empathize. There are lots of good people working there, people who genuinely, passionately want the Web to stay open to everyone, and to be safe for its users. But the organization made a terrible decision when it opted to provide a home for EME, and an even worse one when it overruled its own members and declined protection for security research and new competitors. It needs to hear from you now. Please share this post, and spread the word. Help the W3C be the organization it is meant to be.

The EU has accepted a new version of the so-called Private Shield law that would allow US companies to transfer Europeans’ private data to servers across the ocean. The EU struck down the previously-reached agreement over US surveillance concerns.

The majority of EU members voted in support of the Privacy Shield pact with the US that had been designed to replace its predecessor, the Safe Harbor system, which the highest EU court ruled “invalid” in October 2015 following Edward Snowden’s revelations about mass US surveillance.

The newly-adopted agreement will come into force starting Tuesday.The deal, which is said to be aimed at protecting European citizens’ private data, defines the rules of how the sharing of information should be handled. It gives legal ground for tech companies such as Google, Facebook and MasterCard to move Europeans’ personal data to US servers bypassing an EU ban on moving personal information out from the 28-nation bloc. The agreement covers everything from private data about employees to detailed records of what people do online.“For the first time, the US has given the EU written assurance that the access of public authorities for law enforcement and national security will be subject to clear limitations, safeguards and oversight mechanisms and has ruled out indiscriminate mass surveillance of European citizens' data,” the statement said.

he message arrived at night and consisted of three words: “Good evening sir!” The sender was a hacker who had written a series of provocative memos at the National Security Agency. His secret memos had explained — with an earthy use of slang and emojis that was unusual for an operative of the largest eavesdropping organization in the world — how the NSA breaks into the digital accounts of people who manage computer networks, and how it tries to unmask people who use Tor to browse the web anonymously. Outlining some of the NSA’s most sensitive activities, the memos were leaked by Edward Snowden, and I had written about a few of them for The Intercept. There is no Miss Manners for exchanging pleasantries with a man the government has trained to be the digital equivalent of a Navy SEAL. Though I had initiated the contact, I was wary of how he might respond. The hacker had publicly expressed a visceral dislike for Snowden and had accused The Intercept of jeopardizing lives by publishing classified information. One of his memos outlined the ways the NSA reroutes (or “shapes”) the internet traffic of entire countries, and another memo was titled “I Hunt Sysadmins.” I felt sure he could hack anyone’s computer, including mine. Good evening sir!

The sender was a hacker who had written a series of provocative memos at the National Security Agency. His secret memos had explained — with an earthy use of slang and emojis that was unusual for an operative of the largest eavesdropping organization in the world — how the NSA breaks into the digital accounts of people who manage computer networks, and how it tries to unmask people who use Tor to browse the web anonymously. Outlining some of the NSA’s most sensitive activities, the memos were leaked by Edward Snowden, and I had written about a few of them for The Intercept. There is no Miss Manners for exchanging pleasantries with a man the government has trained to be the digital equivalent of a Navy SEAL. Though I had initiated the contact, I was wary of how he might respond. The hacker had publicly expressed a visceral dislike for Snowden and had accused The Intercept of jeopardizing lives by publishing classified information. One of his memos outlined the ways the NSA reroutes (or “shapes”) the internet traffic of entire countries, and another memo was titled “I Hunt Sysadmins.” I felt sure he could hack anyone’s computer, including mine.

I got lucky with the hacker, because he recently left the agency for the cybersecurity industry; it would be his choice to talk, not the NSA’s. Fortunately, speaking out is his second nature.

We’ve often heard security folks explain their belief that one of the best ways to protect Web privacy and security on one's home turf is to lock down one's private Wi-Fi network with a strong password. But a coalition of advocacy organizations is calling such conventional wisdom into question. Members of the “Open Wireless Movement,” including the Electronic Frontier Foundation (EFF), Free Press, Mozilla, and Fight for the Future are advocating that we open up our Wi-Fi private networks (or at least a small slice of our available bandwidth) to strangers. They claim that such a random act of kindness can actually make us safer online while simultaneously facilitating a better allocation of finite broadband resources. The OpenWireless.org website explains the group’s initiative. “We are aiming to build technologies that would make it easy for Internet subscribers to portion off their wireless networks for guests and the public while maintaining security, protecting privacy, and preserving quality of access," its mission statement reads. "And we are working to debunk myths (and confront truths) about open wireless while creating technologies and legal precedent to ensure it is safe, private, and legal to open your network.”

One such technology, which EFF plans to unveil at the Hackers on Planet Earth (HOPE X) conference next month, is open-sourced router firmware called Open Wireless Router. This firmware would enable individuals to share a portion of their Wi-Fi networks with anyone nearby, password-free, as Adi Kamdar, an EFF activist, told Ars on Friday. Home network sharing tools are not new, and the EFF has been touting the benefits of open-sourcing Web connections for years, but Kamdar believes this new tool marks the second phase in the open wireless initiative. Unlike previous tools, he claims, EFF’s software will be free for all, will not require any sort of registration, and will actually make surfing the Web safer and more efficient.

Kamdar said that the new firmware utilizes smart technologies that prioritize the network owner's traffic over others', so good samaritans won't have to wait for Netflix to load because of strangers using their home networks. What's more, he said, "every connection is walled off from all other connections," so as to decrease the risk of unwanted snooping. Additionally, EFF hopes that opening one’s Wi-Fi network will, in the long run, make it more difficult to tie an IP address to an individual. “From a legal perspective, we have been trying to tackle this idea that law enforcement and certain bad plaintiffs have been pushing, that your IP address is tied to your identity. Your identity is not your IP address. You shouldn't be targeted by a copyright troll just because they know your IP address," said Kamdar.

The USA PATRIOT Act granted the government powerful new spying capabilities that have grown out of control—but the provision that the FBI and NSA have been using to collect the phone records of millions of innocent people expires on June 1. Tell Congress: it’s time to rethink out-of-control spying. A vote to reauthorize Section 215 is a vote against the Constitution.

On June 5, 2013, the Guardian published a secret court order showing that the NSA has interpreted Section 215 to mean that, with the help of the FBI, it can collect the private calling records of millions of innocent people. The government could even try to use Section 215 for bulk collection of financial records. The NSA’s defenders argue that invading our privacy is the only way to keep us safe. But the White House itself, along with the President’s Review Board has said that the government can accomplish its goals without bulk telephone records collection. And the Privacy and Civil Liberties Oversight Board said, “We have not identified a single instance involving a threat to the United States in which [bulk collection under Section 215 of the PATRIOT Act] made a concrete difference in the outcome of a counterterrorism investigation.” Since June of 2013, we’ve continued to learn more about how out of control the NSA is. But what has not happened since June is legislative reform of the NSA. There have been myriad bipartisan proposals in Congress—some authentic and some not—but lawmakers didn’t pass anything. We need comprehensive reform that addresses all the ways the NSA has overstepped its authority and provides the NSA with appropriate and constitutional tools to keep America safe. In the meantime, tell Congress to take a stand. A vote against reauthorization of Section 215 is a vote for the Constitution.

Facebook teamed up with several corporate “friends” to adapt Facebook’s in-house software to identify cyber threats and their source with other corporations. Countering cyber threats sounds positive while there are serious questions about transparency when smaller, independent media fall victim to major corporation’s unwillingness to reveal the source of attacks resulted in websites being closed for hours or days. Transparency, yes, but for whom? Among the companies Facebook is teaming up with are Printerest, Tumblr, Twitter, Yahoo, Drpbox and Bit.ly, reports Susanne Posel at Occupy Corporatism. The stated goal of “Threat Exchange” is to locate malware, the source domains, the IP addresses which are involved as well as the nature of the malware itself.

While the platform may be useful for major corporations, who can afford buying the privilege to join the club, the initiative does little to nothing to protect smaller, independent media from being targeted with impunity. The development prompts the question “Cyber security for whom?” The question is especially pertinent because identifying a site as containing malware, whether it is correct or not, will result in the site being added to Google’s so-called “Safe Browsing List”.

An article written by nsnbc editor-in-chief Christof Lehmann entitled “Censorship Alert: The Alternative Media are getting harassed by the NSA” provides several examples which raise serious questions about the lack of transparency when independent media demand information about either real or alleged malware content on their media’s websites. An alleged malware content in a java script that had been inserted via the third-party advertising company MadAdsMedia resulted in the nsnbc website being closed down and added to Google’s Safe Browsing list. The response to nsnbc’s request to send detailed information about the alleged malware and most importantly, about the source, was rejected. MadAdsMedia’s response to a renewed request was to stop serving advertisements to nsnbc from one day to the other, stating that nsnbc could contact another company, YieldSelect, which is run by the same company. Shell Games? SiteLock, who partners with most western-based web hosting providers, including BlueHost, Hostgator and many others contacted nsnbc warning about an alleged malware threat. SiteLock refused to provide detailed information.

American businesses could be required to report requests by U.S. intelligence services for data on European online users under a trans-Atlantic data-transfer pact now being negotiated, according to the European Union’s justice commissioner.

The first (and thus far only) roll-back of post-9/11 surveillance authorities was implemented over the weekend: The National Security Agency shuttered its program for collecting and holding the metadata of Americans’ phone calls under Section 215 of the Patriot Act. While bulk collection under Section 215 has ended, the government can obtain access to this information under the procedures specified in the USA Freedom Act. Indeed, some experts have argued that the Agency likely has access to more metadata because its earlier dragnet didn’t cover cell phones or Internet calling. In addition, the metadata of calls made by an individual in the United States to someone overseas and vice versa can still be collected in bulk — this takes place abroad under Executive Order 12333. No doubt the NSA wishes that this was the end of the surveillance reform story and the Paris attacks initially gave them an opening. John Brennan, the Director of the CIA, implied that the attacks were somehow related to “hand wringing” about spying and Sen. Tom Cotton (R-Ark.) introduced a bill to delay the shut down of the 215 program. Opponents of encryption were quick to say: “I told you so.”

But the facts that have emerged thus far tell a different story. It appears that much of the planning took place IRL (that’s “in real life” for those of you who don’t have teenagers). The attackers, several of whom were on law enforcement’s radar, communicated openly over the Internet. If France ever has a 9/11 Commission-type inquiry, it could well conclude that the Paris attacks were a failure of the intelligence agencies rather than a failure of intelligence authorities. Despite the passage of the USA Freedom Act, US surveillance authorities have remained largely intact. Section 702 of the FISA Amendments Act — which is the basis of programs like PRISM and the NSA’s Upstream collection of information from Internet cables — sunsets in the summer of 2017. While it’s difficult to predict the political environment that far out, meaningful reform of Section 702 faces significant obstacles. Unlike the Section 215 program, which was clearly aimed at Americans, Section 702 is supposedly targeted at foreigners and only picks up information about Americans “incidentally.” The NSA has refused to provide an estimate of how many Americans’ information it collects under Section 702, despite repeated requests from lawmakers and most recently a large cohort of advocates. The Section 215 program was held illegal by two federal courts (here and here), but civil attempts to challenge Section 702 have run into standing barriers. Finally, while two review panels concluded that the Section 215 program provided little counterterrorism benefit (here and here), they found that the Section 702 program had been useful.

There is, nonetheless, some pressure to narrow the reach of Section 702. The recent decision by the European Court of Justice in the safe harbor case suggests that data flows between Europe and the US may be restricted unless the PRISM program is modified to protect the information of Europeans (see here, here, and here for discussion of the decision and reform options). Pressure from Internet companies whose business is suffering — estimates run to the tune of $35 to 180 billion — as a result of disclosures about NSA spying may also nudge lawmakers towards reform. One of the courts currently considering criminal cases which rely on evidence derived from Section 702 surveillance may hold the program unconstitutional either on the basis of the Fourth Amendment or Article III for the reasons set out in this Brennan Center report. A federal district court in Colorado recently rejected such a challenge, although as explained in Steve’s post, the decision did not seriously explore the issues. Further litigation in the European courts too could have an impact on the debate.