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Paul Merrell

AT&T Mobility LLC, et al v. AU Optronics Corp., et al :: Ninth Circuit :: US Courts of Appeals Cases :: US Federal Case Law :: US Case Law :: US Law :: Justia - 0 views

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    This page includes the opinion of the Ninth U.S. Circuit Court of Appeals on an interlocutory appeal from a district court decision to dismiss two California state law causes of action from an ongoing case, leaving only the federal law causes of action. The Ninth Circuit disagreed, vacated the district court's decision, and remanded for consideration of the dismissal issue under the correct legal standard. This was a pro-plaintiff decision that makes it very likely that the case will continue with the state law causes of action reinstated against all or nearly all defendants. This is an unusually important price-fixing case with potentially disruptive effect among mobile device component manufacturers and by such a settlement or judgment's ripple effects, manufacturers of other device components globally. Plaintiffs are several major  voice/data communications services in the U.S. with the defendants being virtually all of the manufacturers of LCD panels used in mobile telephones. One must suspect that if price-fixing is in fact universal in the LCD panel manufacturing industry, price-fixing is likely common among manufacturers of other device components. According to the Ninth Circuit opinion, the plaintiffs' amended complaint includes detailed allegations of specific price-fixing agreements and price sharing actions by principles or agents of each individual defendant company committed within the State of California, which suggests that plaintiffs have very strong evidence that the alleged conspiracy exists. This is a case to watch.    
Gonzalo San Gil, PhD.

Blocking Pirate Bay is Not Censorship, IFPI Chief Says | TorrentFreak - 0 views

    • Gonzalo San Gil, PhD.
       
      " inhibiting factors " crisis, monopolistic practices, lack of quality, disdain towards people...
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    " Andy on August 8, 2014 C: 46 Breaking The CEO of the IFPI in Austria has been defending his group's attempts to have The Pirate Bay and other torrent sites blocked by local ISPs. Franz Medwenitsch says that using the word "blocking" in these situations is wrong and defending copyright by disabling access to websites does not amount to censorship."
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    " Andy on August 8, 2014 C: 46 Breaking The CEO of the IFPI in Austria has been defending his group's attempts to have The Pirate Bay and other torrent sites blocked by local ISPs. Franz Medwenitsch says that using the word "blocking" in these situations is wrong and defending copyright by disabling access to websites does not amount to censorship."
Gonzalo San Gil, PhD.

You Can't Defend Public Libraries and Oppose File-Sharing | TorrentFreak - 0 views

    • Gonzalo San Gil, PhD.
       
      # ! ... and what could it mean that 'any@ne' 'opposes' to # ! Public Libraries...?
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    Rick Falkvinge on May 10, 2015 C: 0 Opinion The purpose of public libraries is exactly the same as the effect of file-sharing. You cannot defend one while opposing the other.
Paul Merrell

Whistleblowers File $100 Million Suit against NSA, FBI - WhoWhatWhy - 0 views

  • In a $100 million lawsuit that has garnered virtually no public attention, five National Security Agency (NSA) whistleblowers are accusing the federal government of illegally retaliating against them for alerting the NSA and Congress to a waste of taxpayer funds that benefitted a well-connected contractor.The lawsuit tells the story of the infancy of the NSA’s efforts to surveil the Internet. Back then, there were two programs for the spying agency to choose from — and the first was called ThinThread. It had been developed internally, was comparatively inexpensive, had been tested and proven to be effective, and included safeguards preventing the spying on Americans without a court warrant. The other was called Trailblazer. It did not include such safeguards, had not yet been shown to be effective, and cost 1,000 times more than ThinThread. Instead of being developed internally, it was to be outsourced to Science Applications International Corporation (SAIC), a politically connected contractor.The NSA chose Trailblazer.
  • In response, four NSA employees who had worked on ThinThread, as well as a congressional staffer, alerted Congress and the Office of the Inspector General of the NSA that the agency was wasting taxpayer funds. That is when their troubles began, according to the lawsuit.It alleges that the defendants, which include the NSA, FBI, and the Department of Justice, as well as individuals associated with them, “knowingly and intentionally fabricated” a claim that the plaintiffs leaked classified information to New York Times reporters Eric Lichtblau and James Risen.“[The defendants] used this fabricated claim for retaliation, illegal searches and seizures, physical invasion of their residences and places of business, temporary false imprisonment, the confiscation of their property, cancellation of security clearances leading to the loss of their jobs and employment, intentional infliction of emotional distress, harassment and intimidation,” the lawsuit alleges.It also states that the defendants should have known that the plaintiffs were not the leaks because the NSA “was tracking all domestic telephone calls for the supposed purpose of protecting national security.”
  • The plaintiffs are former NSA employees Thomas Drake, Ed Loomis, J. Kirk Wiebe, William Binney, and former congressional staffer Diane Roark. They seek “punitive damages in excess of $100 million because of Defendants [sic] callous and reckless indifference and malicious acts …” as well as well as an additional $15 million for lost wages and to cover costs.Larry Klayman, the prominent conservative public interest attorney and founder of Judicial Watch, filed the suit on August 20th. However, it is expected to be amended this week, and it is possible that additional publicity for the case will be sought then.
Paul Merrell

The Million Dollar Dissident: NSO Group's iPhone Zero-Days used against a UAE Human Rights Defender - The Citizen Lab - 0 views

  • 1. Executive Summary Ahmed Mansoor is an internationally recognized human rights defender, based in the United Arab Emirates (UAE), and recipient of the Martin Ennals Award (sometimes referred to as a “Nobel Prize for human rights”).  On August 10 and 11, 2016, Mansoor received SMS text messages on his iPhone promising “new secrets” about detainees tortured in UAE jails if he clicked on an included link. Instead of clicking, Mansoor sent the messages to Citizen Lab researchers.  We recognized the links as belonging to an exploit infrastructure connected to NSO Group, an Israel-based “cyber war” company that sells Pegasus, a government-exclusive “lawful intercept” spyware product.  NSO Group is reportedly owned by an American venture capital firm, Francisco Partners Management. The ensuing investigation, a collaboration between researchers from Citizen Lab and from Lookout Security, determined that the links led to a chain of zero-day exploits (“zero-days”) that would have remotely jailbroken Mansoor’s stock iPhone 6 and installed sophisticated spyware.  We are calling this exploit chain Trident.  Once infected, Mansoor’s phone would have become a digital spy in his pocket, capable of employing his iPhone’s camera and microphone to snoop on activity in the vicinity of the device, recording his WhatsApp and Viber calls, logging messages sent in mobile chat apps, and tracking his movements.   We are not aware of any previous instance of an iPhone remote jailbreak used in the wild as part of a targeted attack campaign, making this a rare find.
  • The Trident Exploit Chain: CVE-2016-4657: Visiting a maliciously crafted website may lead to arbitrary code execution CVE-2016-4655: An application may be able to disclose kernel memory CVE-2016-4656: An application may be able to execute arbitrary code with kernel privileges Once we confirmed the presence of what appeared to be iOS zero-days, Citizen Lab and Lookout quickly initiated a responsible disclosure process by notifying Apple and sharing our findings. Apple responded promptly, and notified us that they would be addressing the vulnerabilities. We are releasing this report to coincide with the availability of the iOS 9.3.5 patch, which blocks the Trident exploit chain by closing the vulnerabilities that NSO Group appears to have exploited and sold to remotely compromise iPhones. Recent Citizen Lab research has shown that many state-sponsored spyware campaigns against civil society groups and human rights defenders use “just enough” technical sophistication, coupled with carefully planned deception. This case demonstrates that not all threats follow this pattern.  The iPhone has a well-deserved reputation for security.  As the iPhone platform is tightly controlled by Apple, technically sophisticated exploits are often required to enable the remote installation and operation of iPhone monitoring tools. These exploits are rare and expensive. Firms that specialize in acquiring zero-days often pay handsomely for iPhone exploits.  One such firm, Zerodium, acquired an exploit chain similar to the Trident for one million dollars in November 2015. The high cost of iPhone zero-days, the apparent use of NSO Group’s government-exclusive Pegasus product, and prior known targeting of Mansoor by the UAE government provide indicators that point to the UAE government as the likely operator behind the targeting. Remarkably, this case marks the third commercial “lawful intercept” spyware suite employed in attempts to compromise Mansoor.  In 2011, he was targeted with FinFisher’s FinSpy spyware, and in 2012 he was targeted with Hacking Team’s Remote Control System.  Both Hacking Team and FinFisher have been the object of several years of revelations highlighting the misuse of spyware to compromise civil society groups, journalists, and human rights workers.
Gonzalo San Gil, PhD.

Manuel Castells: "Defender la libertad en Internet es la base para defender la Libertad" - 1 views

Gonzalo San Gil, PhD.

Linux Servers Security: Hack and Defend - Free Sample Chapter - Chris Binnie - 0 views

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    "I'm delighted to be able to offer the first chapter of my brand new book, Linux Server Security: Hack and Defend, for free as a downloadable PDF."
Gonzalo San Gil, PhD.

The Next Five Years Could Determine Our Liberties | TorrentFreak - 0 views

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    " Rick Falkvinge on April 6, 2014 C: 3 Opinion There's a European Election coming up. Voting starts in about one month, with the main election days on May 22-25. We've had many victories as activists and concerned citizens in the past five years to defend the net and its liberty, but the main showdown looks like it'll come down in the next five years. Your vote is going to matter."
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    " Rick Falkvinge on April 6, 2014 C: 3 Opinion There's a European Election coming up. Voting starts in about one month, with the main election days on May 22-25. We've had many victories as activists and concerned citizens in the past five years to defend the net and its liberty, but the main showdown looks like it'll come down in the next five years. Your vote is going to matter."
Gonzalo San Gil, PhD.

Will the Italian Presidency of the EU Council Support Net Neutrality? | La Quadrature du Net - 0 views

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    "Submitted on 9 May 2014 - 16:11 Kroes Telecoms Package Net neutrality press release Printer-friendly version Send by email Français Paris, 9 May 2014 - The voice of the Italian presidency of the Council of the European Union could mark a real departure from the usual government talk chastising the vote on Net Neutrality adopted by the European Parliament! According to the information portal Euractiv, the Italian presidency could support the text voted by the Members of the European Parliament and be ready to defend it in front of the European governments and telecommunications industry. As the publication of the guidance report of the Council of the European Union about the Net Neutrality (scheduled for 5 or 6 of June) nears, La Quadrature du Net welcomes this encouraging position and asks European citizens to invite their governments to follow this example."
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    "Submitted on 9 May 2014 - 16:11 Kroes Telecoms Package Net neutrality press release Printer-friendly version Send by email Français Paris, 9 May 2014 - The voice of the Italian presidency of the Council of the European Union could mark a real departure from the usual government talk chastising the vote on Net Neutrality adopted by the European Parliament! According to the information portal Euractiv, the Italian presidency could support the text voted by the Members of the European Parliament and be ready to defend it in front of the European governments and telecommunications industry. As the publication of the guidance report of the Council of the European Union about the Net Neutrality (scheduled for 5 or 6 of June) nears, La Quadrature du Net welcomes this encouraging position and asks European citizens to invite their governments to follow this example."
Gonzalo San Gil, PhD.

USA Freedom Act Passes: What We Celebrate, What We Mourn, and Where We Go From Here | Electronic Frontier Foundation [# ! Nota: Sólo para enlazar...] - 0 views

  • The Senate passed the USA Freedom Act today by 67-32, marking the first time in over thirty years that both houses of Congress have approved a bill placing real restrictions and oversight on the National Security Agency’s surveillance powers. The weakening amendments to the legislation proposed by NSA defender Senate Majority Mitch McConnell were defeated, and we have every reason to believe that President Obama will sign USA Freedom into law. Technology users everywhere should celebrate, knowing that the NSA will be a little more hampered in its surveillance overreach, and both the NSA and the FISA court will be more transparent and accountable than it was before the USA Freedom Act. It’s no secret that we wanted more. In the wake of the damning evidence of surveillance abuses disclosed by Edward Snowden, Congress had an opportunity to champion comprehensive surveillance reform and undertake a thorough investigation, like it did with the Church Committee. Congress could have tried to completely end mass surveillance and taken numerous other steps to rein in the NSA and FBI. This bill was the result of compromise and strong leadership by Sens. Patrick Leahy and Mike Lee and Reps. Robert Goodlatte, Jim Sensenbrenner, and John Conyers. It’s not the bill EFF would have written, and in light of the Second Circuit's thoughtful opinion, we withdrew our support from the bill in an effort to spur Congress to strengthen some of its privacy protections and out of concern about language added to the bill at the behest of the intelligence community. Even so, we’re celebrating. We’re celebrating because, however small, this bill marks a day that some said could never happen—a day when the NSA saw its surveillance power reduced by Congress. And we’re hoping that this could be a turning point in the fight to rein in the NSA.
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    [The Senate passed the USA Freedom Act today by 67-32, marking the first time in over thirty years that both houses of Congress have approved a bill placing real restrictions and oversight on the National Security Agency's surveillance powers. The weakening amendments to the legislation proposed by NSA defender Senate Majority Mitch McConnell were defeated, and we have every reason to believe that President Obama will sign USA Freedom into law. Technology users everywhere should celebrate, knowing that the NSA will be a little more hampered in its surveillance overreach, and both the NSA and the FISA court will be more transparent and accountable than it was before the USA Freedom Act. ...]
Gonzalo San Gil, PhD.

Keep Dream of a Free and Open Internet Alive, Black Hat Keynoter Urges - 0 views

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    "Black Hat keynoter Jennifer Granick, director of Civil Liberties at the Stanford Center for Internet and Society, discusses the need for legal and policy change to defend Internet freedom."
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    "Black Hat keynoter Jennifer Granick, director of Civil Liberties at the Stanford Center for Internet and Society, discusses the need for legal and policy change to defend Internet freedom."
Gonzalo San Gil, PhD.

U.S. Court Grants Order to Wipe Pirate Sites from the Internet | TorrentFreak - 1 views

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    "... The preliminary injunction is unique in its kind, both due to its broadness and the fact that it happened without due process. This has several experts worried, including EFF's Intellectual Property Director Corynne McSherry. "It's very worrisome that a court would issue a rapid and broad order affecting speech based on allegations, without careful consideration and an opportunity for the targets to defend themselves," McSherry tells TorrentFreak."
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    "... The preliminary injunction is unique in its kind, both due to its broadness and the fact that it happened without due process. This has several experts worried, including EFF's Intellectual Property Director Corynne McSherry. "It's very worrisome that a court would issue a rapid and broad order affecting speech based on allegations, without careful consideration and an opportunity for the targets to defend themselves," McSherry tells TorrentFreak."
Gonzalo San Gil, PhD.

Firefox's adoption of closed-source DRM breaks my heart | Technology | The Guardian - 0 views

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    "I understand the pressure to support commercial video - but the browser makers can do more to defend free and open software Mozilla foundation Mozilla is a not-for-profit social enterprise with a mission to free its users - so it's not unreasonable to hold it to a higher standard than commercial rivals. Photograph: Mozilla Cory Doctorow Wednesday 14 May 2014 18.00 BST"
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    "I understand the pressure to support commercial video - but the browser makers can do more to defend free and open software Mozilla foundation Mozilla is a not-for-profit social enterprise with a mission to free its users - so it's not unreasonable to hold it to a higher standard than commercial rivals. Photograph: Mozilla Cory Doctorow Wednesday 14 May 2014 18.00 BST"
Gonzalo San Gil, PhD.

Received a Piracy Letter? UK Solicitor Will Defend You For Free | TorrentFreak - 0 views

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    " Andy on March 20, 2015 C: 0 Breaking In recent weeks customers of UK ISPs have received letters from copyright trolls demanding settlement for alleged downloading of movies. Today they can fight back. Southampton-based lawyer Michael Coyle informs TorrentFreak that if the accused make a charitable donation in support of his London Marathon run, he will provide his time for free."
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    " Andy on March 20, 2015 C: 0 Breaking In recent weeks customers of UK ISPs have received letters from copyright trolls demanding settlement for alleged downloading of movies. Today they can fight back. Southampton-based lawyer Michael Coyle informs TorrentFreak that if the accused make a charitable donation in support of his London Marathon run, he will provide his time for free."
Gonzalo San Gil, PhD.

What's your vision for the FSF? Fill out our survey - Free Software Foundation - working together for free software - 1 views

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    [ by Zak Rogoff - Published on Jan 08, 2016 08:01 PM 2015 was the Free Software Foundation's (FSF) thirtieth year defending and advancing computer users' rights. The free software community has sustained the Foundation throughout these decades and been deeply involved in our work. We continue to rely on the expertise of the free software movement to inform our initiatives and strategies. Taking the first step into our next thirty years, we want to hear your feedback, your suggestions, and your vision for the future of the FSF. Fill out the survey now!]
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    [ by Zak Rogoff - Published on Jan 08, 2016 08:01 PM 2015 was the Free Software Foundation's (FSF) thirtieth year defending and advancing computer users' rights. The free software community has sustained the Foundation throughout these decades and been deeply involved in our work. We continue to rely on the expertise of the free software movement to inform our initiatives and strategies. Taking the first step into our next thirty years, we want to hear your feedback, your suggestions, and your vision for the future of the FSF. Fill out the survey now!]
Gonzalo San Gil, PhD.

Long Live the Web: A Call for Continued Open Standards and Neutrality: Scientific American - 1 views

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    [The Web is critical not merely to the digital revolution but to our continued prosperity-and even our liberty. Like democracy itself, it needs defending By Tim Berners-Lee November 22, 2010 22 ...]
Gary Edwards

Is the W3C to Blame for the Breaking of the Web? | Continuing Intermittent Incoherency » Power vs. Authority - 0 views

  • Consider the recent CSS features added by WebKit: transformations, animations, gradients, masks, et cetera. They’ve very nearly _run out_ of standards to implement, so they’re starting to implement the wouldn’t-it-be-cool-if stuff. If I’m not mistaken, this is the exact sort of thing you’re wishing for.
  • Changing the renderer (which is what we’re taking about when we talk about upgrading “the web”) goes hand-in-hand today with upgrading the *rest* of the browser as well, which requires the user to care…and users (to a one) don’t give a flying leap about CSS 2.1 support.
    • Gary Edwards
       
      Note to marbux: the browser is the layout/rendering engine for web applications and services. Nothing happens on the web unless and until the browser, or a browser RiA alternative, implements a compliant end user interface. Focus on the browser layout engines, and Web applications will follow.
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    Another article taking up the issue of "Blame the W3C" for what increasingly looks like a proprietary Web future. The author is an Ajax-DOJO supporter, and he tries to defend the W3C by saying it's not their job, they don't have the "power" or the "authority" to push the Web forward. About the best they can do is, at the end of the day, try to corral big vendors into agreement. Meanwhile, the Web has become the wild wild west with browser vendors innovating into their corporate web stacks where vast profits and future monopolies rest. For me, WebKit represents the best effort insisting that the Web remain Open. It's OSS with excellent big vendor support. And they are pushing the envelope. Finally!
Gonzalo San Gil, PhD.

Sharing and the Creative Economy: Culture in the Internet Age | Philippe Aigrain + Suzanne Aigrain | Quadrature du Net - 2 views

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    [This book defends that non-market sharing of digital works, creative ac- tivities and culture will have a common fate. It proposes to organise their synergy. ...]
Gonzalo San Gil, PhD.

Sustainable Models for Creativity | FCF - 1 views

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    Version 1.0 Free/Libre Culture Forum Declaration [For details, see the extended version] We can no longer put off re-thinking the economic structures that have been producing, financing, and funding culture up until now. Many of the old models have become anachronistic and detrimental to civil society. The aim of this document is to promote innovative strategies capable of defending and extending the sphere in which human creativity and knowledge can prosper freely and sustainably. This document is addressed to policy reformers, citizens and free/libre culture activists and aims to provide practical tools to actively bring about this change.
Gary Edwards

Google's Real Chrome OS Problem: Who's Going To Buy It? (GOOG) - 0 views

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    While i don't see Google or anyone else replacing the MSOffice productivity environment, i do see Google challenging Microsoft wherever the Web comes into play. And as far as i can see into the future, that pretty much means everywhere. The tricky part will be that re-purposing play. ChromeOS is a blockbuster announcement. Not a declaration of war, but a shot across the bow that shouts; Google will defend the Open Web, and profitable business they have there. ~ge~
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