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Gary Edwards

The True Story of How the Patent Bar Captured a Court and Shrank the Intellectual Commons | Cato Unbound - 1 views

  • The change in the law wrought by the Federal Circuit can also be viewed substantively through the controversy over software patents. Throughout the 1960s, the USPTO refused to award patents for software innovations. However, several of the USPTO’s decisions were overruled by the patent-friendly U.S. Court of Customs and Patent Appeals, which ordered that software patents be granted. In Gottschalk v. Benson (1972) and Parker v. Flook (1978), the U.S. Supreme Court reversed the Court of Customs and Patent Appeals, holding that mathematical algorithms (and therefore software) were not patentable subject matter. In 1981, in Diamond v. Diehr, the Supreme Court upheld a software patent on the grounds that the patent in question involved a physical process—the patent was issued for software used in the molding of rubber. While affirming their prior ruling that mathematical formulas are not patentable in the abstract, the Court held that an otherwise patentable invention did not become unpatentable simply because it utilized a computer.
  • In the hands of the newly established Federal Circuit, however, this small scope for software patents in precedent was sufficient to open the floodgates. In a series of decisions culminating in State Street Bank v. Signature Financial Group (1998), the Federal Circuit broadened the criteria for patentability of software and business methods substantially, allowing protection as long as the innovation “produces a useful, concrete and tangible result.” That broadened criteria led to an explosion of low-quality software patents, from Amazon’s 1-Click checkout system to Twitter’s pull-to-refresh feature on smartphones. The GAO estimates that more than half of all patents granted in recent years are software-related. Meanwhile, the Supreme Court continues to hold, as in Parker v. Flook, that computer software algorithms are not patentable, and has begun to push back against the Federal Circuit. In Bilski v. Kappos (2010), the Supreme Court once again held that abstract ideas are not patentable, and in Alice v. CLS (2014), it ruled that simply applying an abstract idea on a computer does not suffice to make the idea patent-eligible. It still is not clear what portion of existing software patents Alice invalidates, but it could be a significant one.
  • Supreme Court justices also recognize the Federal Circuit’s insubordination. In oral arguments in Carlsbad Technology v. HIF Bio (2009), Chief Justice John Roberts joked openly about it:
  • ...17 more annotations...
  • The Opportunity of the Commons
  • As a result of the Federal Circuit’s pro-patent jurisprudence, our economy has been flooded with patents that would otherwise not have been granted. If more patents meant more innovation, then we would now be witnessing a spectacular economic boom. Instead, we have been living through what Tyler Cowen has called a Great Stagnation. The fact that patents have increased while growth has not is known in the literature as the “patent puzzle.” As Michele Boldrin and David Levine put it, “there is no empirical evidence that [patents] serve to increase innovation and productivity, unless productivity is identified with the number of patents awarded—which, as evidence shows, has no correlation with measured productivity.”
  • While more patents have not resulted in faster economic growth, they have resulted in more patent lawsuits.
  • Software patents have characteristics that make them particularly susceptible to litigation. Unlike, say, chemical patents, software patents are plagued by a problem of description. How does one describe a software innovation in such a way that anyone searching for it will easily find it? As Christina Mulligan and Tim Lee demonstrate, chemical formulas are indexable, meaning that as the number of chemical patents grow, it will still be easy to determine if a molecule has been patented. Since software innovations are not indexable, they estimate that “patent clearance by all firms would require many times more hours of legal research than all patent lawyers in the United States can bill in a year. The result has been an explosion of patent litigation.” Software and business method patents, estimate James Bessen and Michael Meurer, are 2 and 7 times more likely to be litigated than other patents, respectively (4 and 13 times more likely than chemical patents).
  • Software patents make excellent material for predatory litigation brought by what are often called “patent trolls.”
  • Trolls use asymmetries in the rules of litigation to legally extort millions of dollars from innocent parties. For example, one patent troll, Innovatio IP Ventures, LLP, acquired patents that implicated Wi-Fi. In 2011, it started sending demand letters to coffee shops and hotels that offered wireless Internet access, offering to settle for $2,500 per location. This amount was far in excess of the 9.56 cents per device that Innovatio was entitled to under the “Fair, Reasonable, and Non-Discriminatory” licensing promises attached to their portfolio, but it was also much less than the cost of trial, and therefore it was rational for firms to pay. Cisco stepped in and spent $13 million in legal fees on the case, and settled on behalf of their customers for 3.2 cents per device. Other manufacturers had already licensed Innovatio’s portfolio, but that didn’t stop their customers from being targeted by demand letters.
  • Litigation cost asymmetries are magnified by the fact that most patent trolls are nonpracticing entities. This means that when patent infringement trials get to the discovery phase, they will cost the troll very little—a firm that does not operate a business has very few records to produce.
  • But discovery can cost a medium or large company millions of dollars. Using an event study methodology, James Bessen and coauthors find that infringement lawsuits by nonpracticing entities cost publicly traded companies $83 billion per year in stock market capitalization, while plaintiffs gain less than 10 percent of that amount.
  • Software patents also reduce innovation in virtue of their cumulative nature and the fact that many of them are frequently inputs into a single product. Law professor Michael Heller coined the phrase “tragedy of the anticommons” to refer to a situation that mirrors the well-understood “tragedy of the commons.” Whereas in a commons, multiple parties have the right to use a resource but not to exclude others, in an anticommons, multiple parties have the right to exclude others, and no one is therefore able to make effective use of the resource. The tragedy of the commons results in overuse of the resource; the tragedy of the anticommons results in underuse.
  • In order to cope with the tragedy of the anticommons, we should carefully investigate the opportunity of  the commons. The late Nobelist Elinor Ostrom made a career of studying how communities manage shared resources without property rights. With appropriate self-governance institutions, Ostrom found again and again that a commons does not inevitably lead to tragedy—indeed, open access to shared resources can provide collective benefits that are not available under other forms of property management.
  • This suggests that—litigation costs aside—patent law could be reducing the stock of ideas rather than expanding it at current margins.
  • Advocates of extensive patent protection frequently treat the commons as a kind of wasteland. But considering the problems in our patent system, it is worth looking again at the role of well-tailored limits to property rights in some contexts. Just as we all benefit from real property rights that no longer extend to the highest heavens, we would also benefit if the scope of patent protection were more narrowly drawn.
  • Reforming the Patent System
  • This analysis raises some obvious possibilities for reforming the patent system. Diane Wood, Chief Judge of the 7th Circuit, has proposed ending the Federal Circuit’s exclusive jurisdiction over patent appeals—instead, the Federal Circuit could share jurisdiction with the other circuit courts. While this is a constructive suggestion, it still leaves the door open to the Federal Circuit playing “a leading role in shaping patent law,” which is the reason for its capture by patent interests. It would be better instead simply to abolish the Federal Circuit and return to the pre-1982 system, in which patents received no special treatment in appeals. This leaves open the possibility of circuit splits, which the creation of the Federal Circuit was designed to mitigate, but there are worse problems than circuit splits, and we now have them.
  • Another helpful reform would be for Congress to limit the scope of patentable subject matter via statute. New Zealand has done just that, declaring that software is “not an invention” to get around WTO obligations to respect intellectual property. Congress should do the same with respect to both software and business methods.
  • Finally, even if the above reforms were adopted, there would still be a need to address the asymmetries in patent litigation that result in predatory “troll” lawsuits. While the holding in Alice v. CLS arguably makes a wide swath of patents invalid, those patents could still be used in troll lawsuits because a ruling of invalidity for each individual patent might not occur until late in a trial. Current legislation in Congress addresses this class of problem by mandating disclosures, shifting fees in the case of spurious lawsuits, and enabling a review of the patent’s validity before a trial commences.
  • What matters for prosperity is not just property rights in the abstract, but good property-defining institutions. Without reform, our patent system will continue to favor special interests and forestall economic growth.
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    "Libertarians intuitively understand the case for patents: just as other property rights internalize the social benefits of improvements to land, automobile maintenance, or business investment, patents incentivize the creation of new inventions, which might otherwise be undersupplied. So far, so good. But it is important to recognize that the laws that govern property, intellectual or otherwise, do not arise out of thin air. Rather, our political institutions, with all their virtues and foibles, determine the contours of property-the exact bundle of rights that property holders possess, their extent, and their limitations. Outlining efficient property laws is not a trivial problem. The optimal contours of property are neither immutable nor knowable a priori. For example, in 1946, the U.S. Supreme Court reversed the age-old common law doctrine that extended real property rights to the heavens without limit. The advent of air travel made such extensive property rights no longer practicable-airlines would have had to cobble together a patchwork of easements, acre by acre, for every corridor through which they flew, and they would have opened themselves up to lawsuits every time their planes deviated from the expected path. The Court rightly abridged property rights in light of these empirical realities. In defining the limits of patent rights, our political institutions have gotten an analogous question badly wrong. A single, politically captured circuit court with exclusive jurisdiction over patent appeals has consistently expanded the scope of patentable subject matter. This expansion has resulted in an explosion of both patents and patent litigation, with destructive consequences. "
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    I added a comment to the page's article. Patents are antithetical to the precepts of Libertarianism and do not involve Natural Law rights. But I agree with the author that the Court of Appeals for the Federal Circuit should be abolished. It's a failed experiment.
Gonzalo San Gil, PhD.

This lawsuit could be the beginning of the end for DRM | Defective by Design - 1 views

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    Submitted by Zak Rogoff on August 17, 2016 - 9:20am Our friends at the Electronic Frontier Foundation (EFF) recently filed a lawsuit challenging Section 1201 of the US's Digital Millenium Copyright Act, which provides legal reinforcement to the technical shackles of Digital Restrictions Management (DRM). Defective by Design applauds this lawsuit and agrees with the EFF that Section 1201 violates the right to freedom of speech. We hope that excising Section 1201 from US law can be the beginning of the end for DRM.
Paul Merrell

Wikipedia takes feds to court over spying | TheHill - 0 views

  • The foundation behind Wikipedia is suing the U.S. government over spying that it says violates core provisions of the Constitution.The Wikimedia Foundation joined forces on Tuesday with a slew of human rights groups, The Nation magazine and other organizations in a lawsuit accusing the National Security Agency (NSA) and Justice Department of violating the constitutional protections for freedom of speech and privacy.
  • If successful, the lawsuit could land a crippling blow to the web of secretive spying powers wielded by the NSA and exposed by Edward Snowden nearly two years ago. Despite initial outrage after Snowden’s leaks, Congress has yet to make any serious reforms to the NSA, and many of the programs continue largely unchanged.The lawsuit targets the NSA’s “upstream” surveillance program, which taps into the fiber cables that make up the backbone of the global Internet and allows the agency to collect vast amounts of information about people on the Web.“As a result, whenever someone overseas views or edits a Wikipedia page, it’s likely that the N.S.A. is tracking that activity — including the content of what was read or typed, as well as other information that can be linked to the person’s physical location and possible identity,” Tretikov and Wikipedia founder Jimmy Wales wrote in a joint New York Times op-ed announcing the lawsuit. Because the operations are largely overseen solely by the secretive Foreign Intelligence Surveillance Court — which operates out of the public eye and has been accused of acting as a rubber stamp for intelligence agencies — the foundation accused the NSA of violating the guarantees of a fair legal system.In addition to the Wikimedia Foundation and The Nation, the other groups joining the lawsuit are the National Association of Criminal Defense Lawyers, Human Rights Watch, Amnesty International, the Pen American Center, the Global Fund for Women, the Rutherford Institute and the Washington Office on Latin America. The groups are being represented by the American Civil Liberties Union.
  • In 2013, a lawsuit against similar surveillance powers brought by Amnesty International was tossed out by the Supreme Court on the grounds that the organization was not affected by the spying and had no standing to sue. That decision came before Snowden’s leaks later that summer, however, which included a slide featuring Wikipedia’s logo alongside those of Facebook, Yahoo, Google and other top websites. That should be more than enough grounds for a successful suit, the foundation said. In addition to the new suit, there are also a handful of other outstanding legal challenges to the NSA’s bulk collection of Americans’ phone records, a different program that has inspired some of the most heated antipathy. Those suits are all pending in appeals courts around the country.
Gonzalo San Gil, PhD.

Judge: Facebook has to face lawsuit over scanning user messages - Tech News and Analysis - 0 views

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    "Facebook will have to deal with a class-action lawsuit that alleges that the company violated privacy laws by scanning the private messages of users"
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    "Facebook will have to deal with a class-action lawsuit that alleges that the company violated privacy laws by scanning the private messages of users"
Gonzalo San Gil, PhD.

Artists and Labels Now Sue Chrysler Over CD-Ripping Cars | TorrentFreak - 1 views

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    " Ernesto on November 19, 2014 C: 42 Breaking The Alliance of Artists and Recording Companies has launched a new lawsuit targeting Chrysler for allowing car owners to rip CDs without paying royalties. The lawsuit follows a similar class action suit against Ford and General Motors, which is still ongoing. " [# ! Another #Betamax case # ! ...at sight. # ! Perhaps #RecordingIndustry have no other #strategy... # Please: Less #lawsuits and More #Good (#affordable) )#Music.]
Gonzalo San Gil, PhD.

Lawsuit threatens to break new ground on the GPL and software licensing issues | Opensource.com - 3 views

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    "When Versata Software sued Ameriprise Financial Services for breaching its software license, it unwittingly unearthed a GPL violation of its own and touched off another lawsuit that could prove to be a leading case on free and open source software licensing. This post takes a look at the legal issues raised by both cases and what they mean for FOSS producers and users."
Gonzalo San Gil, PhD.

Judge Worries That Piracy Lawsuits Will Flood Courts - TorrentFreak - 1 views

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    " Andy on November 26, 2015 C: 29 Breaking The chief judge of an IP court in Finland has expressed concern that 'copyright-troll' piracy lawsuits will cause chaos if a law firm follows through with threats to sue hundreds of Internet users. Using the courts is the ultimate weapon to make alleged pirates settle but experts believe that copyright owners could have an uphill battle."
Gonzalo San Gil, PhD.

EFF to Court: Don't Let Government Hide Illegal Surveillance | Electronic Frontier Foundation - 2 views

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    [Lawyers Fight for the Future of Lawsuits Challenging Massive Spying Program Seattle - The Electronic Frontier Foundation (EFF) urged the 9th U.S. Circuit Court of Appeals today to preserve Lawsuits challenging the government's illegal mass surveillance of millions of ordinary Americans. In oral arguments today, EFF asked the court to block the government's attempt to bury the suits with claims of state secrecy and an unconstitutional "immunity" law for telecoms that participated in the spying. ...]
Gonzalo San Gil, PhD.

Celebs whose nude photos were stolen threaten Google with $100M lawsuit | Ars Technica - 1 views

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    "Celebrities who had their nude photos stolen last month are now threatening Google with a $100 million lawsuit unless the search giant does a better job of removing copies of the photos found on its various services, including YouTube and Blogger." [# ! first '#They' '#leak' some pics # ! as a #promotion #strategy # ! and, then, #sue #searchengines... # ! to #grab some (#millions of additional) #bucks... [# ! #learnt form the #Media #industry # ! with its #piracy treatment # ! of the #P2P #networks...]]
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.
Gonzalo San Gil, PhD.

Defamation suit against EFF dropped three days after it's served | Ars Technica - 0 views

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    "A patent lawyer who sued the Electronic Frontier Foundation for defamation for writing about his invention in a "Stupid Patent of the Month" blog post has dropped the lawsuit. "There was no settlement or agreement," EFF general counsel Kurt Opsahl told Ars in an e-mail. "It was a voluntary dismissal of a meritless lawsuit by Scott Horstemeyer.""
Gonzalo San Gil, PhD.

Anti-Piracy Firm 'Caught' Pirating News Articles | TorrentFreak - 0 views

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    " Ernesto on January 7, 2015 C: 0 Opinion The Canadian based anti-piracy firm Canipre is known for hounding file-sharers with lawsuits and copyright infringement notices. Ironically, however, the company may want to start cleaning up its own house first as a blog affiliated with the company has been frequently "pirating" news articles"
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    " Ernesto on January 7, 2015 C: 0 Opinion The Canadian based anti-piracy firm Canipre is known for hounding file-sharers with lawsuits and copyright infringement notices. Ironically, however, the company may want to start cleaning up its own house first as a blog affiliated with the company has been frequently "pirating" news articles"
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    " Ernesto on January 7, 2015 C: 0 Opinion The Canadian based anti-piracy firm Canipre is known for hounding file-sharers with lawsuits and copyright infringement notices. Ironically, however, the company may want to start cleaning up its own house first as a blog affiliated with the company has been frequently "pirating" news articles"
Gonzalo San Gil, PhD.

Infamous "podcast patent" heads to trial | Ars Technica - 0 views

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    [# ! Patents turned into a collecting business instead of a invention promotion mechanism :/ ...] "A few years later, "monetizing" patents through lawsuits turned into an industry of its own. Logan turned his patents into a powerhouse licensing machine, beginning with a case filed against Apple in 2009. He went to trial and won $8 million. Settlements with other industry giants, like Samsung and Amazon, followed."
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    [# ! Patents a collecting business instead of a invention promotion mechanism :/ ...] "A few years later, "monetizing" patents through lawsuits turned into an industry of its own. Logan turned his patents into a powerhouse licensing machine, beginning with a case filed against Apple in 2009. He went to trial and won $8 million. Settlements with other industry giants, like Samsung and Amazon, followed."
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    [# ! Patents turned into a collecting business instead of a invention promotion mechanism :/ ...] "A few years later, "monetizing" patents through lawsuits turned into an industry of its own. Logan turned his patents into a powerhouse licensing machine, beginning with a case filed against Apple in 2009. He went to trial and won $8 million. Settlements with other industry giants, like Samsung and Amazon, followed."
Gonzalo San Gil, PhD.

Supreme Court Rejects Warrantless Wiretapping Lawsuit - 0 views

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    [ From mashable.com - Today, 1:07 PM The Supreme Court rejected a warrantless wiretapping lawsuit in a 5-4 vote Wednesday on the basis the plaintiffs lacked standing to sue. ...]
Gonzalo San Gil, PhD.

Court Freezes Megaupload's MPAA and RIAA Lawsuits - TorrentFreak - 0 views

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    " By Ernesto on November 25, 2016 C: 18 Breaking A federal court in Virginia has granted Megaupload's request to place the cases filed by the music and movie companies on hold until April next year, while the criminal case remains pending. Meanwhile, Megaupload is working hard to ensure that critical evidence on decaying hard drives is "
Gonzalo San Gil, PhD.

Standards Body Whines That People Who Want Free Access To The Law Probably Also Want 'Free Sex' | Techdirt - 2 views

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    "from the bad-ansi,-bad dept You would think that "the law" is obviously part of the public domain. It seems particularly crazy to think that any part of the law itself might be covered by copyright, or (worse) locked up behind some sort of paywall where you cannot read it. Carl Malamud has spent many years working to make sure the law is freely accessible... and he's been sued a bunch of times and is still in the middle of many lawsuits, including one from the State of Georgia for publishing its official annotated code (the state claims the annotations are covered by copyright)."
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    "from the bad-ansi,-bad dept You would think that "the law" is obviously part of the public domain. It seems particularly crazy to think that any part of the law itself might be covered by copyright, or (worse) locked up behind some sort of paywall where you cannot read it. Carl Malamud has spent many years working to make sure the law is freely accessible... and he's been sued a bunch of times and is still in the middle of many lawsuits, including one from the State of Georgia for publishing its official annotated code (the state claims the annotations are covered by copyright)."
Paul Merrell

Republicans seek fast-track repeal of net neutrality | Ars Technica - 0 views

  • Republicans in Congress yesterday unveiled a new plan to fast track repeal of the Federal Communications Commission's net neutrality rules. Introduced by Rep. Doug Collins (R-Ga.) and 14 Republican co-sponsors, the "Resolution of Disapproval" would use Congress' fast track powers under the Congressional Review Act to cancel the FCC's new rules.
  • Saying the resolution "would require only a simple Senate majority to pass under special procedural rules of the Congressional Review Act," Collins' announcement called it "the quickest way to stop heavy-handed agency regulations that would slow Internet speeds, increase consumer prices and hamper infrastructure development, especially in his Northeast Georgia district." Republicans can use this method to bypass Democratic opposition in the Senate by requiring just a simple majority rather than 60 votes to overcome a filibuster, but "it would still face an almost certain veto from President Obama," National Journal wrote. "Other attempts to fast-track repeals of regulations in the past have largely been unsuccessful." This isn't the only Republican effort to overturn the FCC's net neutrality rules. Another, titled the "Internet Freedom Act," would wipe out the new net neutrality regime. Other Republican proposals would enforce some form of net neutrality rules while limiting the FCC's power to regulate broadband.
  • The FCC's rules also face lawsuits from industry consortiums that represent broadband providers. USTelecom filed suit yesterday just after the publication of the rules in the Federal Register. Today, the CTIA Wireless Association, National Cable & Telecommunications Association (NCTA), and American Cable Association (ACA) all filed lawsuits to overturn the FCC's Open Internet Order. The CTIA and NCTA are the most prominent trade groups representing the cable and wireless industries. The ACA, which represents smaller providers, said it supports net neutrality rules but opposes the FCC's decision to reclassify broadband as a common carrier service. However, a previous court decision ruled that the FCC could not impose the rules without reclassifying broadband.
Gonzalo San Gil, PhD.

Advocate General Doubts Legality of Pirate Bay Blockade | TorrentFreak - 0 views

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    " Ernesto on May 29, 2015 C: 0 Breaking In a landmark lawsuit over the legality of the Dutch Pirate Bay blockade, Attorney General Van Peursem has advised that the case should be sent to EU Court of Justice. Among other things, the Attorney General wants the EU Court to rule whether The Pirate Bay communicates illegal content to the public. "
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    " Ernesto on May 29, 2015 C: 0 Breaking In a landmark lawsuit over the legality of the Dutch Pirate Bay blockade, Attorney General Van Peursem has advised that the case should be sent to EU Court of Justice. Among other things, the Attorney General wants the EU Court to rule whether The Pirate Bay communicates illegal content to the public. "
Paul Merrell

Belgium sues Facebook over illegal Privacy Violations of Users and Non-Users | nsnbc international - 0 views

  • The Belgian government will be suing Facebook. The Commission for the Protection of Privacy states that Facebook violates Belgian and EU law by tracking systems that target both Facebook users as well as non-Facebook users. Facebook is known for cooperating with the U.S.’ National Security Agency. 
  • The Belgian privacy watchdog’s case against the internet giant Facebook will be heard at a court in Brussels on Thursday. The Commission has repeatedly requested that Facebook should comply with Belgian and EU law. Facebook failed to comply, and the Commission has no power to enforce the law; hence the decision to sue Facebook to attain a a court ruling. The President of the Commission for the Protection of Privacy, Willem Debeuckelaere, told the press that: “Facebook treats its users’ private lives without respect and that needs tackling. It’s not because we want to start a lawsuit over this, but we cannot continue to negotiate through other means. .. We want a judge to impose our recommendations. These recommendations are chiefly aimed at protecting internet users who are not Facebook members.”
  • The Belgian privacy watchdog alleges that Facebook tracks the web browsing of all visitors, including those who have specifically turned the tracking function off; This gathering of private information allegedly also includes those who do not have a Facebook account. Moreover, the Commission claims that Facebook has the capability to surveil computers without consent, even when users are logged out; and Facebook can monitor every PC of users that use websites with Facebook plugins. The capability to monitor both Facebook users and non-Facebook users allegedly functions via Cookies that store information about user’s internet activities, including preferential settings of websites and which websites internet users have visited. The Commission claims that Facebook installs these Cookies on all computers that visit websites that for example have a Facebook plugin to share internet content. That includes the computers of persons who do not make use of Facebook’s “share” or “like” button.
  • ...1 more annotation...
  • In other words, Facebook has the capacity to monitor your browser settings as well as which websites you have visited if you have read this article or any other article on any website that contains a Facebook “share” button, whether you “like” it or not. The Commissions lawsuit against Facebook is or particular importance due to the fact that the corporation is known for its cooperation with the United States’ National Security Agency (NSA). While the lawsuit is of particular interest for Belgian and EU citizens, it also sheds light on Facebook’s monitoring of U.S. citizens.
Paul Merrell

Reset The Net - Privacy Pack - 1 views

  • This June 5th, I pledge to take strong steps to protect my freedom from government mass surveillance. I expect the services I use to do the same.
  • Fight for the Future and Center for Rights will contact you about future campaigns. Privacy Policy
  •  
    I wound up joining this campaign at the urging of the ACLU after checking the Privacy Policy. The Reset the Net campaign seems to be endorsed by a lot of change-oriented groups, from the ACLU to Greenpeac to the Pirate Party. A fair number of groups with a Progressive agenda, but certainly not limited to them. The right answer to that situation is to urge other groups to endorse, not to avoid the campaign. Single-issue coalition-building is all about focusing on an area of agreement rather than worrying about who you are rubbing elbows with.  I have been looking for a a bipartisan group that's tackling government surveillance issues via mass actions but has no corporate sponsors. This might be the one. The reason: Corporate types like Google have no incentive to really butt heads with the government voyeurs. They are themselves engaged in massive surveillance of their users and certainly will not carry the battle for digital privacy over to the private sector. But this *is* a battle over digital privacy and legally defining user privacy rights in the private sector is just as important as cutting back on government surveillance. As we have learned through the Snowden disclosures, what the private internet companies have, the NSA can and does get.  The big internet services successfully pushed in the U.S. for authorization to publish more numbers about how many times they pass private data to the government, but went no farther. They wanted to be able to say they did something, but there's a revolving door of staffers between NSA and the big internet companies and the internet service companies' data is an open book to the NSA.   The big internet services are not champions of their users' privacy. If they were, they would be featuring end-to-end encryption with encryption keys unique to each user and unknown to the companies.  Like some startups in Europe are doing. E.g., the Wuala.com filesync service in Switzerland (first 5 GB of storage free). Compare tha
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    "This June 5th, I pledge to take strong steps to protect my freedom from government mass surveillance. I expect the services I use to do the same."
  •  
    I wound up joining this campaign at the urging of the ACLU after checking the Privacy Policy. The Reset the Net campaign seems to be endorsed by a lot of change-oriented groups, from the ACLU to Greenpeac to the Pirate Party. A fair number of groups with a Progressive agenda, but certainly not limited to them. The right answer to that situation is to urge other groups to endorse, not to avoid the campaign. Single-issue coalition-building is all about focusing on an area of agreement rather than worrying about who you are rubbing elbows with.  I have been looking for a a bipartisan group that's tackling government surveillance issues via mass actions but has no corporate sponsors. This might be the one. The reason: Corporate types like Google have no incentive to really butt heads with the government voyeurs. They are themselves engaged in massive surveillance of their users and certainly will not carry the battle for digital privacy over to the private sector. But this *is* a battle over digital privacy and legally defining user privacy rights in the private sector is just as important as cutting back on government surveillance. As we have learned through the Snowden disclosures, what the private internet companies have, the NSA can and does get.  The big internet services successfully pushed in the U.S. for authorization to publish more numbers about how many times they pass private data to the government, but went no farther. They wanted to be able to say they did something, but there's a revolving door of staffers between NSA and the big internet companies and the internet service companies' data is an open book to the NSA.   The big internet services are not champions of their users' privacy. If they were, they would be featuring end-to-end encryption with encryption keys unique to each user and unknown to the companies.  Like some startups in Europe are doing. E.g., the Wuala.com filesync service in Switzerland (first 5 GB of storage free). Com
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