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The government and police regularly use location data pulled off of cell phone towers to put criminals at the scenes of crimes—often without a warrant. Well, an appeals court ruled today that the practice is unconstitutional, in one of the strongest judicial defenses of technology privacy rights we've seen in a while.  The United States Court of Appeals for the Eleventh Circuit ruled that the government illegally obtained and used Quartavious Davis's cell phone location data to help convict him in a string of armed robberies in Miami and unequivocally stated that cell phone location information is protected by the Fourth Amendment. "In short, we hold that cell site location information is within the subscriber’s reasonable expectation of privacy," the court ruled in an opinion written by Judge David Sentelle. "The obtaining of that data without a warrant is a Fourth Amendment violation."

In Davis's case, police used his cell phone's call history against him to put him at the scene of several armed robberies. They obtained a court order—which does not require the government to show probable cause—not a warrant, to do so. From now on, that'll be illegal. The decision applies only in the Eleventh Circuit, but sets a strong precedent for future cases.

Indeed, the decision alone is a huge privacy win, but Sentelle's strong language supporting cell phone users' privacy rights is perhaps the most important part of the opinion. Sentelle pushed back against several of the federal government's arguments, including one that suggested that, because cell phone location data based on a caller's closest cell tower isn't precise, it should be readily collectable.  "The United States further argues that cell site location information is less protected than GPS data because it is less precise. We are not sure why this should be significant. We do not doubt that there may be a difference in precision, but that is not to say that the difference in precision has constitutional significance," Sentelle wrote. "That information obtained by an invasion of privacy may not be entirely precise does not change the calculus as to whether obtaining it was in fact an invasion of privacy." The court also cited the infamous US v. Jones Supreme Court decision that held that attaching a GPS to a suspect's car is a "search" under the Fourth Amendment. Sentelle suggested a cell phone user has an even greater expectation of location privacy with his or her cell phone use than a driver does with his or her car. A car, Sentelle wrote, isn't always with a person, while a cell phone, these days, usually is.

A bill introduced Sept. 18 would make clear that consumers actually owned the electronic devices, and any accompanying software on that device, that they purchased, according to sponsor Rep. Blake Farenthold's (R-Texas). The You Own Devices Act (H.R. 5586) would amend the Copyright Act “to provide that the first sale doctrine applies to any computer program that enables a machine or other product to operate.” The bill, which is unlikely to receive attention during Congress's lame-duck legislative session, was well-received by consumer's rights groups.

Section 109(a) of the Copyright Act, 17 U.S.C. §109(a), serves as the foundation for the first sale doctrine. H.R. 5586 would amend Section 109(a) by adding a provision covering “transfer of computer programs.” That provision would state:if a computer program enables any part of a machine or other product to operate, the owner of the machine or other product is entitled to transfer an authorized copy of the computer pro gram, or the right to obtain such copy, when the owner sells, leases, or otherwise transfers the machine or other product to another person. The right to transfer provided under this subsection may not be waived by any agreement.

‘Things' Versus SoftwareFarenthold had expressed concern during a Sept. 17 hearing on Section 1201 of the Digital Millennium Copyright Act over what he perceived was a muddling between patents and copyrights when it comes to consumer products. “Traditionally patent law has protected things and copyright law has protected artistic-type works,” he said. “But now more and more things have software in them and you are licensing that software when you purchase a thing.” Farenthold asked the witnesses if there was a way to draw a distinction in copyright “between software that is an integral part of a thing as opposed to an add-on app that you would put on your telephone.”

Google inquiries Commission accuses Google of systematically favouring own shopping comparison service Infographic: Google might be favouring 'Google Shopping' when displaying general search results

Antitrust: Commission sends Statement of Objections to Google on comparison shopping service; opens separate formal investigation on AndroidWed, 15 Apr 2015 10:00:00 GMTAntitrust: Commission opens formal investigation against Google in relation to Android mobile operating systemWed, 15 Apr 2015 10:00:00 GMTAntitrust: Commission sends Statement of Objections to Google on comparison shopping serviceWed, 15 Apr 2015 10:00:00 GMTStatement by Commissioner Vestager on antitrust decisions concerning GoogleWed, 15 Apr 2015 11:39:00 GMT

Mark Zuckerberg faces allegations that he developed a “malicious and fraudulent scheme” to exploit vast amounts of private data to earn Facebook billions and force rivals out of business. A company suing Facebook in a California court claims the social network’s chief executive “weaponised” the ability to access data from any user’s network of friends – the feature at the heart of the Cambridge Analytica scandal. A legal motion filed last week in the superior court of San Mateo draws upon extensive confidential emails and messages between Facebook senior executives including Mark Zuckerberg. He is named individually in the case and, it is claimed, had personal oversight of the scheme. Facebook rejects all claims, and has made a motion to have the case dismissed using a free speech defence.

It claims the first amendment protects its right to make “editorial decisions” as it sees fit. Zuckerberg and other senior executives have asserted that Facebook is a platform not a publisher, most recently in testimony to Congress.

Heather Whitney, a legal scholar who has written about social media companies for the Knight First Amendment Institute at Columbia University, said, in her opinion, this exposed a potential tension for Facebook. “Facebook’s claims in court that it is an editor for first amendment purposes and thus free to censor and alter the content available on its site is in tension with their, especially recent, claims before the public and US Congress to be neutral platforms.” The company that has filed the case, a former startup called Six4Three, is now trying to stop Facebook from having the case thrown out and has submitted legal arguments that draw on thousands of emails, the details of which are currently redacted. Facebook has until next Tuesday to file a motion requesting that the evidence remains sealed, otherwise the documents will be made public.

By James Bamford Last summer, cyber investigators plowing through the thousands of leaked emails from the Democratic National Committee uncovered a clue.A user named “Феликс Эдмундович” modified one of the documents using settings in the Russian language. Translated, his name was Felix Edmundovich, a pseudonym referring to Felix Edmundovich Dzerzhinsky, the chief of the Soviet Union’s first secret-police organization, the Cheka.It was one more link in the chain of evidence pointing to Russian President Vladimir Putin as the man ultimately behind the operation.During the Cold War, when Soviet intelligence was headquartered in Dzerzhinsky Square in Moscow, Putin was a KGB officer assigned to the First Chief Directorate. Its responsibilities included “active measures,” a form of political warfare that included media manipulation, propaganda and disinformation. Soviet active measures, retired KGB Major General Oleg Kalugin told Army historian Thomas Boghart, aimed to discredit the United States and “conquer world public opinion.”As the Cold War has turned into the code war, Putin recently unveiled his new, greatly enlarged spy organization: the Ministry of State Security, taking the name from Joseph Stalin’s secret service. Putin also resurrected, according to James Clapper, the U.S. director of national intelligence, some of the KGB’s old active- measures tactics. On October 7, Clapper issued a statement: “The U.S. Intelligence community is confident that the Russian government directed the recent compromises of emails from U.S. persons and institutions, including from U.S. political organizations.” Notably, however, the FBI declined to join the chorus, according to reports by the New York Times and CNBC.A week later, Vice President Joe Biden said on NBC’s Meet the Press that "we're sending a message" to Putin and "it will be at the time of our choosing, and under the circumstances that will have the greatest impact." When asked if the American public would know a message was sent, Biden replied, "Hope not." Meanwhile, the CIA was asked, according to an NBC report on October 14, “to deliver options to the White House for a wide-ranging ‘clandestine’ cyber operation designed to harass and ‘embarrass’ the Kremlin leadership.”But as both sides begin arming their cyberweapons, it is critical for the public to be confident that the evidence is really there, and to understand the potential consequences of a tit-for-tat cyberwar escalating into a real war. 

This is a prospect that has long worried Richard Clarke, the former White House cyber czar under President George W. Bush. “It’s highly likely that any war that began as a cyberwar,” Clarke told me last year, “would ultimately end up being a conventional war, where the United States was engaged with bombers and missiles.”The problem with attempting to draw a straight line from the Kremlin to the Clinton campaign is the number of variables that get in the way. For one, there is little doubt about Russian cyber fingerprints in various U.S. campaign activities. Moscow, like Washington, has long spied on such matters. The United States, for example, inserted malware in the recent Mexican election campaign. The question isn’t whether Russia spied on the U.S. presidential election, it’s whether it released the election emails.Then there’s the role of Guccifer 2.0, the person or persons supplying WikiLeaks and other organizations with many of the pilfered emails. Is this a Russian agent? A free agent? A cybercriminal? A combination, or some other entity? No one knows.There is also the problem of groupthink that led to the war in Iraq. For example, just as the National Security Agency, the Central Intelligence Agency and the rest of the intelligence establishment are convinced Putin is behind the attacks, they also believed it was a slam-dunk that Saddam Hussein had a trove of weapons of mass destruction. Consider as well the speed of the political-hacking investigation, followed by a lack of skepticism, culminating in a rush to judgment. After the Democratic committee discovered the potential hack last spring, it called in the cybersecurity firm CrowdStrike in May to analyze the problem.

CrowdStrike took just a month or so before it conclusively determined that Russia’s FSB, the successor to the KGB, and the Russian military intelligence organization, GRU, were behind it. Most of the other major cybersecurity firms quickly fell in line and agreed. By October, the intelligence community made it unanimous. That speed and certainty contrasts sharply with a previous suspected Russian hack in 2010, when the target was the Nasdaq stock market. According to an extensive investigation by Bloomberg Businessweek in 2014, the NSA and FBI made numerous mistakes over many months that stretched to nearly a year. “After months of work,” the article said, “there were still basic disagreements in different parts of government over who was behind the incident and why.”  There was no consensus­, with just a 70 percent certainty that the hack was a cybercrime. Months later, this determination was revised again: It was just a Russian attempt to spy on the exchange in order to design its own. The federal agents also considered the possibility that the Nasdaq snooping was not connected to the Kremlin. Instead, “someone in the FSB could have been running a for-profit operation on the side, or perhaps sold the malware to a criminal hacking group.” Again, that’s why it’s necessary to better understand the role of Guccifer 2.0 in releasing the Democratic National Committee and Clinton campaign emails before launching any cyberweapons.

Today, March 31st 2017, WikiLeaks releases Vault 7 "Marble" -- 676 source code files for the CIA's secret anti-forensic Marble Framework. Marble is used to hamper forensic investigators and anti-virus companies from attributing viruses, trojans and hacking attacks to the CIA. Marble does this by hiding ("obfuscating") text fragments used in CIA malware from visual inspection. This is the digital equivallent of a specalized CIA tool to place covers over the english language text on U.S. produced weapons systems before giving them to insurgents secretly backed by the CIA. Marble forms part of the CIA's anti-forensics approach and the CIA's Core Library of malware code. It is "[D]esigned to allow for flexible and easy-to-use obfuscation" as "string obfuscation algorithms (especially those that are unique) are often used to link malware to a specific developer or development shop." The Marble source code also includes a deobfuscator to reverse CIA text obfuscation. Combined with the revealed obfuscation techniques, a pattern or signature emerges which can assist forensic investigators attribute previous hacking attacks and viruses to the CIA. Marble was in use at the CIA during 2016. It reached 1.0 in 2015.

The source code shows that Marble has test examples not just in English but also in Chinese, Russian, Korean, Arabic and Farsi. This would permit a forensic attribution double game, for example by pretending that the spoken language of the malware creator was not American English, but Chinese, but then showing attempts to conceal the use of Chinese, drawing forensic investigators even more strongly to the wrong conclusion, --- but there are other possibilities, such as hiding fake error messages. The Marble Framework is used for obfuscation only and does not contain any vulnerabilties or exploits by itself.

Challenges: Some Ugly Truths The challenges of building—and living with—an XML workflow are clear enough. The return on investment is a long-term proposition. Regardless of the benefits XML may provide, the starting reality is that it represents a very different way of doing things than the one we are familiar with. The Word Processing and Desktop Publishing paradigm, based on the promise of onscreen, WYSIWYG layout, is so dominant as to be practically inescapable. It has proven really hard to get from here to there, no matter how attractive XML might be on paper. A considerable amount of organizational effort and labour must be expended up front in order to realize the benefits. This is why XML is often referred to as an “investment”: you sink a bunch of time and money up front, and realize the benefits—greater flexibility, multiple output options, searching and indexing, and general futureproofing—later, over the long haul. It is not a short-term return proposition. And, of course, the returns you are able to realize from your XML investment are commensurate with what you put in up front: fine-grained, semantically rich tagging is going to give you more potential for searchability and recombination than a looser, more general-purpose approach, but it sure costs more. For instance, the Text Encoding Initiative (TEI) is the grand example of pouring enormous amounts of energy into the up-front tagging, with a very open-ended set of possibilities down the line. TEI helpfully defines a level to which most of us do not have to aspire.[5] But understanding this on a theoretical level is only part of the challenge. There are many practical issues that must be addressed. Software and labour are two of the most critical. How do you get the content into XML in the first place? Unfortunately, despite two decades of people doing SGML and XML, this remains an ugly question.

Russian President Dmitry Medvedev has proposed setting up a new flexible copyright scheme on the Runet, as the Russian-language part of the internet is known. In a statement released on the Kremlin's website on Thursday, Medvedev instructed the country's communications ministry to draw up amendments "aimed at allowing authors to let an unlimited number of people use their content on the basis of free licensing."