Skip to main content

Home/ Future of the Web/ Group items matching "lawsuits" in title, tags, annotations or url

Group items matching
in title, tags, annotations or url

Sort By: Relevance | Date Filter: All | Bookmarks | Topics Simple Middle
Paul Merrell

Google book-scanning project legal, says U.S. appeals court | Reuters - 0 views

  • A U.S. appeals court ruled on Friday that Google's massive effort to scan millions of books for an online library does not violate copyright law, rejecting claims from a group of authors that the project illegally deprives them of revenue.The 2nd U.S. Circuit Court of Appeals in New York rejected infringement claims from the Authors Guild and several individual writers, and found that the project provides a public service without violating intellectual property law.
  • Google argued that the effort would actually boost book sales by making it easier for readers to find works, while introducing them to books they might not otherwise have seen.A lawyer for the authors did not immediately respond to a request for comment.Google had said it could face billions of dollars in potential damages if the authors prevailed. Circuit Judge Denny Chin, who oversaw the case at the lower court level, dismissed the litigation in 2013, prompting the authors' appeal.Chin found Google's scanning of tens of millions of books and posting "snippets" online constituted "fair use" under U.S. copyright law.A unanimous three-judge appeals panel said the case "tests the boundaries of fair use," but found Google's practices were ultimately allowed under the law. "Google’s division of the page into tiny snippets is designed to show the searcher just enough context surrounding the searched term to help her evaluate whether the book falls within the scope of her interest (without revealing so much as to threaten the author’s copyright interests)," Circuit Judge Pierre Leval wrote for the court.
  • The 2nd Circuit had previously rejected a similar lawsuit from the Authors Guild in June 2014 against a consortium of universities and research libraries that built a searchable online database of millions of scanned works.The case is Authors Guild v. Google Inc, 2nd U.S. Circuit Court of Appeals, No. 13-4829.
Gonzalo San Gil, PhD.

Tidal Might Know Artists, But It Doesn't Get Listeners | WIRED - 0 views

  •  
    "the company, tripling its paid subscriber base and increasing its valuation to $84 million. (Even at 3 million, though, its paid subscriber base is still dwarfed by Spotify's 30 million and Apple Music's 11 million.) The rollout was inconsistent "
  •  
    "the company, tripling its paid subscriber base and increasing its valuation to $84 million. (Even at 3 million, though, its paid subscriber base is still dwarfed by Spotify's 30 million and Apple Music's 11 million.) The rollout was inconsistent "
Paul Merrell

EPIC - EPIC Prevails in FOIA Case About "Internet Kill Switch" - 0 views

  • In a Freedom of Information Act case brought by EPIC against the Department of Homeland Security, a federal court has ruled that the DHS may not withhold the agency's plan to deactivate wireless communications networks in a crisis. EPIC had sought "Standard Operating Procedure 303," also known as the "internet Kill Switch," to determine whether the agency's plan could adversely impact free speech or public safety. EPIC filed the FOIA lawsuit in 2012 after the the technique was used by police in San Francisco to shut down cell service for protesters at a BART station, who had gathered peacefully to object to police practices. The federal court determined that the agency wrongly claimed that it could withhold SOP 303 as a "technique for law enforcement investigations or prosecutions." The phrase, the court explained, "refers only to acts by law enforcement after or during the prevention of a crime, not crime prevention techniques." The court repeatedly emphasized that FOIA exemptions are to be read narrowly. For more information, see EPIC: EPIC v. DHS (SOP 303) and EPIC: FOIA.
  •  
    Talk about a prior restraint of speech! The link at the bottom of the quoted portion takes you to a page with the relevant court records.
Paul Merrell

The Government's Secret Plan to Shut Off Cellphones and the Internet, Explained | Connecting the Dots, News & Notes, What Matters Today | BillMoyers.com - 1 views

  • This month, the United States District Court for the District of Columbia ruled that the Department of Homeland Security must make its plan to shut off the Internet and cellphone communications available to the American public. You, of course, may now be thinking: What plan?! Though President Barack Obama swiftly disapproved of ousted Egyptian President Hosni Mubarak turning off the Internet in his country (to quell widespread civil disobedience) in 2011, the US government has the authority to do the same sort of thing, under a plan that was devised during the George W. Bush administration. Many details of the government’s controversial “kill switch” authority have been classified, such as the conditions under which it can be implemented and how the switch can be used. But thanks to a Freedom of Information Act lawsuit filed by the Electronic Privacy Information Center (EPIC), DHS has to reveal those details by December 12 — or mount an appeal. (The smart betting is on an appeal, since DHS has fought to release this information so far.) Yet here’s what we do know about the government’s “kill switch” plan:
  • What are the constitutional problems? Civil liberties advocates argue that kill switches violate the First Amendment and pose a problem because they aren’t subject to rigorous judicial and congressional oversight. “There is no court in the loop at all, at any stage in the SOP 303 process,” according to the Center for Democracy and Technology. ”The executive branch, untethered by the checks and balances of court oversight, clear instruction from Congress, or transparency to the public, is free to act as it will and in secret.” David Jacobs of EPIC says, “Cutting off communications imposes a prior restraint on speech, so the First Amendment imposes the strictest of limitations…We don’t know how DHS thinks [the kill switch] is consistent with the First Amendment.” He adds, “Such a policy, unbounded by clear rules and oversight, just invites abuse.”
Paul Merrell

Gmail blows up e-mail marketing by caching all images on Google servers | Ars Technica - 1 views

  • Ever wonder why most e-mail clients hide images by default? The reason for the "display images" button is because images in an e-mail must be loaded from a third-party server. For promotional e-mails and spam, usually this server is operated by the entity that sent the e-mail. So when you load these images, you aren't just receiving an image—you're also sending a ton of data about yourself to the e-mail marketer. Loading images from these promotional e-mails reveals a lot about you. Marketers get a rough idea of your location via your IP address. They can see the HTTP referrer, meaning the URL of the page that requested the image. With the referral data, marketers can see not only what client you are using (desktop app, Web, mobile, etc.) but also what folder you were viewing the e-mail in. For instance, if you had a Gmail folder named "Ars Technica" and loaded e-mail images, the referral URL would be "https://mail.google.com/mail/u/0/#label/Ars+Technica"—the folder is right there in the URL. The same goes for the inbox, spam, and any other location. It's even possible to uniquely identify each e-mail, so marketers can tell which e-mail address requested the images—they know that you've read the e-mail. And if it was spam, this will often earn you more spam since the spammers can tell you've read their last e-mail.
  • But Google has just announced a move that will shut most of these tactics down: it will cache all images for Gmail users. Embedded images will now be saved by Google, and the e-mail content will be modified to display those images from Google's cache, instead of from a third-party server. E-mail marketers will no longer be able to get any information from images—they will see a single request from Google, which will then be used to send the image out to all Gmail users. Unless you click on a link, marketers will have no idea the e-mail has been seen. While this means improved privacy from e-mail marketers, Google will now be digging deeper than ever into your e-mails and literally modifying the contents. If you were worried about e-mail scanning, this may take things a step further. However, if you don't like the idea of cached images, you can turn it off in the settings. This move will allow Google to automatically display images, killing the "display all images" button in Gmail. Google servers should also be faster than the usual third-party image host. Hosting all images sent to all Gmail users sounds like a huge bandwidth and storage undertaking, but if anyone can do it, it's Google. The new image handling will rollout to desktop users today, and it should hit mobile apps sometime in early 2014. There's also a bonus side effect for Google: e-mail marketing is advertising. Google exists because of advertising dollars, but they don't do e-mail marketing. They've just made a competitive form of advertising much less appealing and informative to advertisers. No doubt Google hopes this move pushes marketers to spend less on e-mail and more on Adsense.
  •  
    There's an antitrust angle to this; it could be viewed by a court as anti-competitive. But given the prevailing winds on digital privacy, my guess would be that Google would slide by.
Gary Edwards

Two Microsofts: Mulling an alternate reality | ZDNet - 1 views

  • Judge Jackson had it right. And the Court of Appeals? Not so much
  • Judge Jackson is an American hero and news of his passing thumped me hard. His ruling against Microsoft and the subsequent overturn of that ruling resulted, IMHO, in two extraordinary directions that changed the world. Sure the what-if game is interesting, but the reality itself is stunning enough. Of course, Judge Jackson sought to break the monopoly. The US Court of Appeals overturn resulted in the monopoly remaining intact, but the Internet remaining free and open. Judge Jackson's breakup plan had a good shot at achieving both a breakup of the monopoly and, a free and open Internet. I admit though that at the time I did not favor the Judge's plan. And i actually did submit a proposal based on Microsoft having to both support the WiNE project, and, provide a complete port to WiNE to any software provider requesting a port. I wanted to break the monopolist's hold on the Windows Productivity Environment and the hundreds of millions of investment dollars and time that had been spent on application development forever trapped on that platform. For me, it was the productivity platform that had to be broken.
  • I assume the good Judge thought that separating the Windows OS from Microsoft Office / Applications would force the OS to open up the secret API's even as the OS continued to evolve. Maybe. But a full disclosure of the API's coupled with the community service "port to WiNE" requirement might have sped up the process. Incredibly, the "Undocumented Windows Secrets" industry continues to thrive, and the legendary Andrew Schulman's number is still at the top of Silicon Valley legal profession speed dials. http://goo.gl/0UGe8 Oh well. The Court of Appeals stopped the breakup, leaving the Windows Productivity Platform intact. Microsoft continues to own the "client" in "Client/Server" computing. Although Microsoft was temporarily stopped from leveraging their desktop monopoly to an iron fisted control and dominance of the Internet, I think what were watching today with the Cloud is Judge Jackson's worst nightmare. And mine too. A great transition is now underway, as businesses and enterprises begin the move from legacy client/server business systems and processes to a newly emerging Cloud Productivity Platform. In this great transition, Microsoft holds an inside straight. They have all the aces because they own the legacy desktop productivity platform, and can control the transition to the Cloud. No doubt this transition is going to happen. And it will severely disrupt and change Microsoft's profit formula. But if the Redmond reprobate can provide a "value added" transition of legacy business systems and processes, and direct these new systems to the Microsoft Cloud, the profits will be immense.
  • ...1 more annotation...
  • Judge Jackson sought to break the ability of Microsoft to "leverage" their existing monopoly into the Internet and his plan was overturned and replaced by one based on judicial oversight. Microsoft got a slap on the wrist from the Court of Appeals, but were wailed on with lawsuits from the hundreds of parties injured by their rampant criminality. Some put the price of that criminality as high as $14 Billion in settlements. Plus, the shareholders forced Chairman Bill to resign. At the end of the day though, Chairman Bill was right. Keeping the monopoly intact was worth whatever penalty Microsoft was forced to pay. He knew that even the judicial over-site would end one day. Which it did. And now his company is ready to go for it all by leveraging and controlling the great productivity transition. No business wants to be hostage to a cold heart'd monopolist. But there is huge difference between a non-disruptive and cost effective, process-by-process value-added transition to a Cloud Productivity Platform, and, the very disruptive and costly "rip-out-and-replace" transition offered by Google, ZOHO, Box, SalesForce and other Cloud Productivity contenders. Microsoft, and only Microsoft, can offer the value-added transition path. If they get the Cloud even halfway right, they will own business productivity far into the future. Rest in Peace Judge Jackson. Your efforts were heroic and will be remembered as such. ~ge~
  •  
    Comments on the latest SVN article mulling the effects of Judge Thomas Penfield Jackson's anti trust ruling and proposed break up of Microsoft. comment: "Chinese Wall" Ummm, there was a Chinese Wall between Microsoft Os and the MS Applciations layer. At least that's what Chairman Bill promised developers at a 1990 OS/2-Windows Conference I attended. It was a developers luncheon, hosted by Microsoft, with Chairman Bill speaking to about 40 developers with applications designed to run on the then soon to be released Windows 3.0. In his remarks, the Chairman described his vision of commoditizing the personal computer market through an open hardware-reference platform on the one side of the Windows OS, and provisioning an open application developers layer on the other using open and totally transparent API's. Of course the question came up concerning the obvious advantage Microsoft applications would have. Chairman Bill answered the question by describing the Chinese Wall that existed between Microsoft's OS and Apps develop departments. He promised that OS API's would be developed privately and separate from the Apps department, and publicly disclosed to ALL developers at the same time. Oh yeah. There was lots of anti IBM - evil empire stuff too :) Of course we now know this was a line of crap. Microsoft Apps was discovered to have been using undocumented and secret Window API's. http://goo.gl/0UGe8. Microsoft Apps had a distinct advantage over the competition, and eventually the entire Windows Productivity Platform became dependent on the MSOffice core. The company I worked for back then, Pyramid Data, had the first Contact Management application for Windows; PowerLeads. Every Friday night we would release bug fixes and improvements using Wildcat BBS. By Monday morning we would be slammed with calls from users complaining that they had downloaded the Friday night patch, and now some other application would not load or function properly. Eventually we tracked th
Paul Merrell

NSA Spying Relies on AT&T's 'Extreme Willingness to Help' - ProPublica - 0 views

  • he National Security Agency’s ability to spy on vast quantities of Internet traffic passing through the United States has relied on its extraordinary, decades-long partnership with a single company: the telecom giant AT&T. While it has been long known that American telecommunications companies worked closely with the spy agency, newly disclosed NSA documents show that the relationship with AT&T has been considered unique and especially productive. One document described it as “highly collaborative,” while another lauded the company’s “extreme willingness to help.”
  • AT&T’s cooperation has involved a broad range of classified activities, according to the documents, which date from 2003 to 2013. AT&T has given the NSA access, through several methods covered under different legal rules, to billions of emails as they have flowed across its domestic networks. It provided technical assistance in carrying out a secret court order permitting the wiretapping of all Internet communications at the United Nations headquarters, a customer of AT&T. The NSA’s top-secret budget in 2013 for the AT&T partnership was more than twice that of the next-largest such program, according to the documents. The company installed surveillance equipment in at least 17 of its Internet hubs on American soil, far more than its similarly sized competitor, Verizon. And its engineers were the first to try out new surveillance technologies invented by the eavesdropping agency. One document reminds NSA officials to be polite when visiting AT&T facilities, noting: “This is a partnership, not a contractual relationship.” The documents, provided by the former agency contractor Edward Snowden, were jointly reviewed by The New York Times and ProPublica.
  • It is not clear if the programs still operate in the same way today. Since the Snowden revelations set off a global debate over surveillance two years ago, some Silicon Valley technology companies have expressed anger at what they characterize as NSA intrusions and have rolled out new encryption to thwart them. The telecommunications companies have been quieter, though Verizon unsuccessfully challenged a court order for bulk phone records in 2014. At the same time, the government has been fighting in court to keep the identities of its telecom partners hidden. In a recent case, a group of AT&T customers claimed that the NSA’s tapping of the Internet violated the Fourth Amendment protection against unreasonable searches. This year, a federal judge dismissed key portions of the lawsuit after the Obama administration argued that public discussion of its telecom surveillance efforts would reveal state secrets, damaging national security.
Paul Merrell

NSA Will Destroy Archived Metadata When Program Stops - 0 views

  • Four months from now, at the same time that the National Security Agency finally abandons the massive domestic telephone dragnet exposed by whistleblower Edward Snowden, it will also stop perusing the vast archive of data collected by the program. The NSA announced on Monday that it will expunge all the telephone metadata it previously swept up, citing Section 215 of the U.S.A Patriot Act. The program was ruled illegal by a federal appeals court in May. In June, Congress voted to end the program, but gave the NSA until the end of November to phase it out. The historical metadata —  records of American phone calls showing who called who, when, and for how long — will be put out of the reach of analysts on November 29, although technical personnel will have access for three more months. The program started 14 years ago, and operated under rules requiring data be retained for five years, and then destroyed.
  • The only possible hold-up, ironically, would be if any of the civil lawsuits prompted by the program prohibit the destruction of the data. “The telephony metadata” will be “preserved solely because of preservation obligations in pending civil litigation,” the Office of the Director of National Intelligence announced. “As soon as possible, NSA will destroy the Section 215 bulk telephony metadata upon expiration of its litigation preservation obligations.” ACLU staff attorney Alex Abdo told The Intercept his organization is “pleased that the NSA intends to purge the call records it has collected illegally.” But, he added: “Even with today’s pledge, the devil may be in the details.”
Paul Merrell

NSA head: We need bulk collection | TheHill - 0 views

  • The head of the National Security Agency on Thursday told Senate lawmakers that preventing his agency from collecting Americans’ information in bulk would make it harder to do its job.Under questioning before the Senate Intelligence Committee, Adm. Michael Rogers agreed that ending bulk collection would “significantly reduce [his] operational capabilities.”ADVERTISEMENT“Right now, bulk collection gives us the ability ... to generate insights as to what’s going on,” Rogers told the committee.The NSA head also referenced a January report from the National Academy of Sciences that concluded there is “no software technique that will fully substitute for bulk collection” because of the ability to search through the storehouse of old information. “That independent, impartial, scientifically-founded body came back and said no, under the current structure there is no real replacement,” Rogers said.Rogers was questioned on Thursday by Sen. Ron Wyden (D-Ore.), a member of the Intelligence Committee who has become its most vocal privacy hawk.
  • In response to the NSA head’s comments, Wyden pointed to a 2013 White House review group, which found that one controversial NSA bulk collection program “was not essential to preventing attacks” and that the information obtained by the NSA “could readily have been obtained in a timely manner using” other means.The debate follows on a congressional clash earlier this year over the NSA’s bulk collection of records about the phone calls of millions of Americans. The records contained information about whom people called and when but not what they talked about.
  • After a brief lapsing of some portions of the Patriot Act, Congress eventually reined in the NSA by forcing it to go through the courts to search private phone companies’ records for a narrower set of records. Many privacy advocates treated the new law, called the USA Freedom Act, as a significant victory, through national security hawks worried that it would make it harder for the NSA to track terrorists.Under the new system — which has not gone into effect yet — the amount of time it takes to obtain those records “is probably going to be longer I suspect,” Rogers said.Though the phone records database has been the NSA’s most prominent bulk collection program, it is not the only one. The agency’s collection of vast amounts of Internet data has alarmed many privacy advocates and is the target of a current lawsuit from Wikipedia and the American Civil Liberties Union. 
Paul Merrell

Facebook's Deepface Software Has Gotten Them in Deep Trouble | nsnbc international - 0 views

  • In a Chicago court, several Facebook users filed a class-action lawsuit against the social media giant for allegedly violating its users’ privacy rights to acquire the largest privately held stash of biometric face-recognition data in the world. The court documents reveal claims that “Facebook began violating the Illinois Biometric Information Privacy Act (IBIPA) of 2008 in 2010, in a purported attempt to make the process of tagging friends easier.”
  • This was accomplished through the “tag suggestions” feature provided by Facebook which “scans all pictures uploaded by users and identifies any Facebook friends they may want to tag.” The Facebook users maintain that this feature is a “form of data mining [that] violates user’s privacy”. One plaintiff said this is a “brazen disregard for its users’ privacy rights,” through which Facebook has “secretly amassed the world’s largest privately held database of consumer biometrics data.” Because “Facebook actively conceals” their protocol using “faceprint databases” to identify Facebook users in photos, and “doesn’t disclose its wholesale biometrics data collection practices in its privacy policies, nor does it even ask users to acknowledge them.”
  • This would be a violation of the IBIPA which states it is “unlawful to collect biometric data without written notice to the subject stating the purpose and length of the data collection, and without obtaining the subject’s written release.” Because all users are automatically part of the “faceprint’ facial recognition program, this is an illegal act in the state of Illinois, according to the complaint. Jay Edelson, attorney for the plaintiffs, asserts the opt-out ability to prevent other Facebook users from tagging them in photos is “insufficient”.
  • ...1 more annotation...
  • Deepface is the name of the new technology researchers at Facebook created in order to identify people in pictures; mimicking the way humans recognize the differences in each other’s faces. Facebook has already implemented facial recognition software (FRS) to suggest names for tagging photos; however Deepface can “identify faces from a side view” as well as when the person is directly facing the camera in the picture. In 2013, Erin Egan, chief privacy officer for Facebook, said that this upgrade “would give users better control over their personal information, by making it easier to identify posted photos in which they appear.” Egan explained: “Our goal is to facilitate tagging so that people know when there are photos of them on our service.” Facebook has stated that they retain information from their users that is syphoned from all across the web. This data is used to increase Facebook’s profits with the information being sold for marketing purposes. This is the impressive feature of Deepface; as previous FRS can only decipher faces in images that are frontal views of people. Shockingly, Deepface displays 97.25% accuracy in identifying faces in photos. That is quite a feat considering humans have a 97.53% accuracy rate. In order to ensure accuracy, Deepface “conducts its analysis based on more than 120 million different parameters.”
Paul Merrell

NSA Doesn't Want Court That Found Phone Dragnet Illegal to Actually Do Anything About It - 1 views

  • The National Security Agency doesn’t think it’s relevant that its dragnet of American telephone data — information on who’s calling who, when, and for how long — was ruled illegal back in May. An American Civil Liberties Union lawsuit is asking the Second Circuit Court of Appeals, which reached that conclusion, to immediately enjoin the program. But the U.S. government responded on Monday evening, saying that Congressional passage of the USA Freedom Act trumped the earlier ruling. The Freedom Act ordered an end to the program — but with a six-month wind-down period.
  • The ACLU still maintains that even temporary revival is a blatant infringement on American’s legal rights. “We strongly disagree with the government’s claim that recent reform legislation was meant to give the NSA’s phone-records dragnet a new lease on life,” said Jameel Jaffer, the ACLU’s deputy legal director in a statement. “The appeals court should order the NSA to end this surveillance now.  It’s unlawful and it’s an entirely unnecessary intrusion into the privacy of millions of people.” On Monday, the Obama administration announced that at the same time the National Security Agency ends the dragnet, it will also stop perusing the vast archive of data collected by the program. Read the U.S. government brief responding to the ACLU below:
  •  
    Go ACLU!
Paul Merrell

Open letter to Google: free VP8, and use it on YouTube - Free Software Foundation - 0 views

  •  
    With your purchase of On2, you now own both the world's largest video site (YouTube) and all the patents behind a new high performance video codec -- VP8. Just think what you can achieve by releasing the VP8 codec under an irrevocable royalty-free license and pushing it out to users on YouTube? You can end the web's dependence on patent-encumbered video formats and proprietary software (Flash). This ability to offer a free format on YouTube, however, is only a tiny fraction of your real leverage. The real party starts when you begin to encourage users' browsers to support free formats. There are lots of ways to do this. Our favorite would be for YouTube to switch from Flash to free formats and HTML, offering users with obsolete browsers a plugin or a new browser (free software, of course). Apple has had the mettle to ditch Flash on the iPhone and the iPad -- albeit for suspect reasons and using abhorrent methods (DRM) -- and this has pushed web developers to make Flash-free alternatives of their pages. You could do the same with YouTube, for better reasons, and it would be a death-blow to Flash's dominance in web video. If you care about free software and the free web (a movement and medium to which you owe your success) you must take bold action to replace Flash with free standards and free formats. Patented video codecs have already done untold harm to the web and its users, and this will continue until we stop it. Because patent-encumbered formats were costly to incorporate into browsers, a bloated, ill-suited piece of proprietary software (Flash) became the de facto standard for online video. Until we move to free formats, the threat of patent lawsuits and licensing fees hangs over every software developer, video creator, hardware maker, web site and corporation -- including you. You can use your purchase of On2 merely as a bargaining chip to achieve your own private solution to the problem, but that's both a cop-out and a strategic mistake. Without making VP
Paul Merrell

Obama to propose legislation to protect firms that share cyberthreat data - The Washington Post - 0 views

  • President Obama plans to announce legislation Tuesday that would shield companies from lawsuits for sharing computer threat data with the government in an effort to prevent cyber­attacks. On the heels of a destructive attack at Sony Pictures Entertainment and major breaches at JPMorgan Chase and retail chains, Obama is intent on capitalizing on the heightened sense of urgency to improve the security of the nation’s networks, officials said. “He’s been doing everything he can within his executive authority to move the ball on this,” said a senior administration official who spoke on the condition of anonymity to discuss legislation that has not yet been released. “We’ve got to get something in place that allows both industry and government to work more closely together.”
  • The legislation is part of a broader package, to be sent to Capitol Hill on Tuesday, that includes measures to help protect consumers and students against ­cyberattacks and to give law enforcement greater authority to combat cybercrime. The provision’s goal is to “enshrine in law liability protection for the private sector for them to share specific information — cyberthreat indicators — with the government,” the official said. Some analysts questioned the need for such legislation, saying there are adequate measures in place to enable sharing between companies and the government and among companies.
  • “We think the current information-sharing regime is adequate,” said Mark Jaycox, legislative analyst at the Electronic Frontier Foundation, a privacy group. “More companies need to use it, but the idea of broad legal immunity isn’t needed right now.” The administration official disagreed. The lack of such immunity is what prevents many companies from greater sharing of data with the government, the official said. “We have heard that time and time again,” the official said. The proposal, which builds on a 2011 administration bill, grants liability protection to companies that provide indicators of cyberattacks and threats to the Department of Homeland Security.
  • ...5 more annotations...
  • But in a provision likely to raise concerns from privacy advocates, the administration wants to require DHS to share that information “in as near real time as possible” with other government agencies that have a cybersecurity mission, the official said. Those include the National Security Agency, the Pentagon’s ­Cyber Command, the FBI and the Secret Service. “DHS needs to take an active lead role in ensuring that unnecessary personal information is not shared with intelligence authorities,” Jaycox said. The debates over government surveillance prompted by disclosures from former NSA contractor Edward Snowden have shown that “the agencies already have a tremendous amount of unnecessary information,” he said.
  • It would reaffirm that federal racketeering law applies to cybercrimes and amends the Computer Fraud and Abuse Act by ensuring that “insignificant conduct” does not fall within the scope of the statute. A third element of the package is legislation Obama proposed Monday to help protect consumers and students against cyberattacks. The theft of personal financial information “is a direct threat to the economic security of American families, and we’ve got to stop it,” Obama said. The plan, unveiled in a speech at the Federal Trade Commission, would require companies to notify customers within 30 days after the theft of personal information is discovered. Right now, data breaches are handled under a patchwork of state laws that the president said are confusing and costly to enforce. Obama’s plan would streamline those into one clear federal standard and bolster requirements for companies to notify customers. Obama is proposing closing loopholes to make it easier to track down cybercriminals overseas who steal and sell identities. “The more we do to protect consumer information and privacy, the harder it is for hackers to damage our businesses and hurt our economy,” he said.
  • Efforts to pass information-sharing legislation have stalled in the past five years, blocked primarily by privacy concerns. The package also contains provisions that would allow prosecution for the sale of botnets or access to armies of compromised computers that can be used to spread malware, would criminalize the overseas sale of stolen U.S. credit card and bank account numbers, would expand federal law enforcement authority to deter the sale of spyware used to stalk people or commit identity theft, and would give courts the authority to shut down botnets being used for criminal activity, such as denial-of-service attacks.
  • The administration official stressed that the legislation will require companies to remove unnecessary personal information before furnishing it to the government in order to qualify for liability protection. It also will impose limits on the use of the data for cybersecurity crimes and instances in which there is a threat of death or bodily harm, such as kidnapping, the official said. And it will require DHS and the attorney general to develop guidelines for the federal government’s use and retention of the data. It will not authorize a company to take offensive cyber-measures to defend itself, such as “hacking back” into a server or computer outside its own network to track a breach. The bill also will provide liability protection to companies that share data with private-sector-developed organizations set up specifically for that purpose. Called information sharing and analysis organizations, these groups often are set up by particular industries, such as banking, to facilitate the exchange of data and best practices.
  • In October, Obama signed an order to protect consumers from identity theft by strengthening security features in credit cards and the terminals that process them. Marc Rotenberg, executive director of the Electronic Privacy Information Center, said there is concern that a federal standard would “preempt stronger state laws” about how and when companies have to notify consumers. The Student Digital Privacy Act would ensure that data entered would be used only for educational purposes. It would prohibit companies from selling student data to third-party companies for purposes other than education. Obama also plans to introduce a Consumer Privacy Bill of Rights. And the White House will host a summit on cybersecurity and consumer protection on Feb. 13 at Stanford University.
Paul Merrell

FBI Flouts Obama Directive to Limit Gag Orders on National Security Letters - The Intercept - 0 views

  • Despite the post-Snowden spotlight on mass surveillance, the intelligence community’s easiest end-run around the Fourth Amendment since 2001 has been something called a National Security Letter. FBI agents can demand that an Internet service provider, telephone company or financial institution turn over its records on any number of people — without any judicial review whatsoever — simply by writing a letter that says the information is needed for national security purposes. The FBI at one point was cranking out over 50,000 such letters a year; by the latest count, it still issues about 60 a day. The letters look like this:
  • Recipients are legally required to comply — but it doesn’t stop there. They also aren’t allowed to mention the order to anyone, least of all the person whose data is being searched. Ever. That’s because National Security Letters almost always come with eternal gag orders. Here’s that part:
  • That means the NSL process utterly disregards the First Amendment as well. More than a year ago, President Obama announced that he was ordering the Justice Department to terminate gag orders “within a fixed time unless the government demonstrates a real need for further secrecy.” And on Feb. 3, when the Office of the Director of National Intelligence announced a handful of baby steps resulting from its “comprehensive effort to examine and enhance [its] privacy and civil liberty protections” one of the most concrete was — finally — to cap the gag orders: In response to the President’s new direction, the FBI will now presumptively terminate National Security Letter nondisclosure orders at the earlier of three years after the opening of a fully predicated investigation or the investigation’s close. Continued nondisclosures orders beyond this period are permitted only if a Special Agent in Charge or a Deputy Assistant Director determines that the statutory standards for nondisclosure continue to be satisfied and that the case agent has justified, in writing, why continued nondisclosure is appropriate.
  • ...6 more annotations...
  • Despite the use of the word “now” in that first sentence, however, the FBI has yet to do any such thing. It has not announced any such change, nor explained how it will implement it, or when. Media inquiries were greeted with stalling and, finally, a no comment — ostensibly on advice of legal counsel. “There is pending litigation that deals with a lot of the same questions you’re asking, out of the Ninth Circuit,” FBI spokesman Chris Allen told me. “So for now, we’ll just have to decline to comment.” FBI lawyers are working on a court filing for that case, and “it will address” the new policy, he said. He would not say when to expect it.
  • There is indeed a significant case currently before the federal appeals court in San Francisco. Oral arguments were in October. A decision could come any time. But in that case, the Electronic Frontier Foundation (EFF), which is representing two unnamed communications companies that received NSLs, is calling for the entire NSL statute to be thrown out as unconstitutional — not for a tweak to the gag. And it has a March 2013 district court ruling in its favor. “The gag is a prior restraint under the First Amendment, and prior restraints have to meet an extremely high burden,” said Andrew Crocker, a legal fellow at EFF. That means going to court and meeting the burden of proof — not just signing a letter. Or as the Cato Institute’s Julian Sanchez put it, “To have such a low bar for denying persons or companies the right to speak about government orders they have been served with is anathema. And it is not very good for accountability.”
  • In a separate case, a wide range of media companies (including First Look Media, the non-profit digital media venture that produces The Intercept) are supporting a lawsuit filed by Twitter, demanding the right to say specifically how many NSLs it has received. But simply releasing companies from a gag doesn’t assure the kind of accountability that privacy advocates are saying is required by the Constitution. “What the public has to remember is a NSL is asking for your information, but it’s not asking it from you,” said Michael German, a former FBI agent who is now a fellow with the Brennan Center for Justice. “The vast majority of these things go to the very large telecommunications and financial companies who have a large stake in maintaining a good relationship with the government because they’re heavily regulated entities.”
  • So, German said, “the number of NSLs that would be exposed as a result of the release of the gag order is probably very few. The person whose records are being obtained is the one who should receive some notification.” A time limit on gags going forward also raises the question of whether past gag orders will now be withdrawn. “Obviously there are at this point literally hundreds of thousands of National Security Letters that are more than three years old,” said Sanchez. Individual review is therefore unlikely, but there ought to be some recourse, he said. And the further back you go, “it becomes increasingly implausible that a significant percentage of those are going to entail some dire national security risk.” The NSL program has a troubled history. The absolute secrecy of the program and resulting lack of accountability led to systemic abuse as documented by repeated inspector-general investigations, including improperly authorized NSLs, factual misstatements in the NSLs, improper requests under NSL statutes, requests for information based on First Amendment protected activity, “after-the-fact” blanket NSLs to “cover” illegal requests, and hundreds of NSLs for “community of interest” or “calling circle” information without any determination that the telephone numbers were relevant to authorized national security investigations.
  • Obama’s own hand-selected “Review Group on Intelligence and Communications Technologies” recommended in December 2013 that NSLs should only be issued after judicial review — just like warrants — and that any gag should end within 180 days barring judicial re-approval. But FBI director James Comey objected to the idea, calling NSLs “a very important tool that is essential to the work we do.” His argument evidently prevailed with Obama.
  • NSLs have managed to stay largely under the American public’s radar. But, Crocker says, “pretty much every time I bring it up and give the thumbnail, people are shocked. Then you go into how many are issued every year, and they go crazy.” Want to send me your old NSL and see if we can set a new precedent? Here’s how to reach me. And here’s how to leak to me.
Paul Merrell

Ericsson Sues to Block Apple iPhone in U.S. Amid Patent Spat | Bloomberg BNA - 0 views

  • The licensing battle between Apple Inc. and Ericsson AB is escalating.Ericsson, a pioneer in mobile phones that transformed itself into the world's largest maker of wireless networks, said Friday it's filing seven new lawsuits in a U.S. court and is asking the U.S. International Trade Commission to block Apple products from the U.S. market.Together, the complaints accuse Apple of infringing as many as 41 patents for some of the fundamental ways mobile devices communicate and for related technology such as user interfaces, battery saving and the operating system.
  • Apple had been paying royalties to Stockholm-based Ericsson before a license expired in mid-January. When talks over renewal failed, the companies sued each other, seeking court rulings on whether Ericsson's royalty demands on fundamental technology were fair and reasonable.
  • The new complaints being filed by Ericsson at the International Trade Commission in Washington take the dispute to another level and are designed to put pressure on Apple. The trade commission, whose job is to protect U.S. markets from unfair trade practices, moves more swiftly than district courts and has the power to block products from crossing the border.Apple's iPhone, iPad and other devices are made in Asia.
Paul Merrell

News from The Associated Press - 0 views

  • (AP) -- Federal regulators are urging consumers to go through their phone bills line by line after they accused T-Mobile US of wrongly charging customers for premium services, like horoscope texts and quirky ringtones, the customers never authorized. The Federal Trade Commission announced Tuesday that it is suing T-Mobile in a federal court in Seattle with the goal of making sure every unfairly charged customer sees a full refund. The lawsuit, the first of its kind against a mobile provider, is the result of months of stalled negotiations with T-Mobile, which says it is already offering refunds. "It's wrong for a company like T-Mobile to profit from scams against its customers when there were clear warning signs the charges it was imposing were fraudulent," FTC Chair Edith Ramirez in a statement.
  • The practice is called "cramming": A third party stuffs a customer's bill with bogus charges such as $10-per-month horoscopes or updates on celebrity gossip. In this case, the FTC said, T-Mobile was working with third-party vendors being investigated by regulators and known to be the subject of numerous customer complaints. T-Mobile then made it difficult for customers to notice the added charge to their bill and pocketed up to 40 percent of the total, according to the FTC.
  • The FTC told reporters in a conference call Tuesday that it had been in negotiations with T-Mobile for months in an attempt to guarantee refunds would be provided to customers but that the two sides couldn't reach an agreement. T-Mobile appears to have been laying the groundwork to head off the federal complaint. Last November, the company announced that it would no longer allow premium text services because they were waning in popularity and not all vendors had acted responsibly. In June, it announced it would reach out to consumers to provide refunds. But the FTC says that in many cases, the refunds are only partial and T-Mobile often refers customer complaints to the third-party vendors.
Gonzalo San Gil, PhD.

Music publishers finally pull the trigger, sue an ISP over piracy | Ars Technica [# ! Notes] - 0 views

    • Gonzalo San Gil, PhD.
       
      [Sydney - A federal judge in Australia has ruled that Internet service providers cannot be held liable for copyright infringements committed by their subscribers, dealing a blow in a closely-watched lawsuit filed by U.S. movie studios against Aussie ISP iiNet, according to published reports. Justice Dennis Conroy found that, while it was shown that iiNet had knowledge that its customers were committing copyright infringement, this knowledge did not equate to "authorizing" the activities. ...]
Paul Merrell

Thousands Join Legal Fight Against UK Surveillance - And You Can, Too - The Intercept - 1 views

  • Thousands of people are signing up to join an unprecedented legal campaign against the United Kingdom’s leading electronic surveillance agency. On Monday, London-based human rights group Privacy International launched an initiative enabling anyone across the world to challenge covert spying operations involving Government Communications Headquarters, or GCHQ, the National Security Agency’s British counterpart. The campaign was made possible following a historic court ruling earlier this month that deemed intelligence sharing between GCHQ and the NSA to have been unlawful because of the extreme secrecy shrouding it.
  • Consequently, members of the public now have a rare opportunity to take part in a lawsuit against the spying in the Investigatory Powers Tribunal, a special British court that handles complaints about surveillance operations conducted by law enforcement and intelligence agencies. Privacy International is allowing anyone who wants to participate to submit their name, email address and phone number through a page on its website. The group plans to use the details to lodge a case with GCHQ and the court that will seek to discover whether each participant’s emails or phone calls have been covertly obtained by the agency in violation of the privacy and freedom of expression provisions of the European Convention on Human Rights. If it is established that any of the communications have been unlawfully collected, the court could force GCHQ to delete them from its vast repositories of intercepted data.
  • By Tuesday evening, more than 10,000 people had already signed up to the campaign, a spokesman for Privacy International told The Intercept. In a statement announcing the campaign on Monday, Eric King, deputy director of Privacy International, said: “The public have a right to know if they were illegally spied on, and GCHQ must come clean on whose records they hold that they should never have had in the first place. “We have known for some time that the NSA and GCHQ have been engaged in mass surveillance, but never before could anyone explicitly find out if their phone calls, emails, or location histories were unlawfully shared between the U.S. and U.K. “There are few chances that people have to directly challenge the seemingly unrestrained surveillance state, but individuals now have a historic opportunity finally hold GCHQ accountable for their unlawful actions.”
Paul Merrell

WikiLeaks - Secret Trans-Pacific Partnership Agreement (TPP) - Investment Chapter - 0 views

  • WikiLeaks releases today the "Investment Chapter" from the secret negotiations of the TPP (Trans-Pacific Partnership) agreement. The document adds to the previous WikiLeaks publications of the chapters for Intellectual Property Rights (November 2013) and the Environment (January 2014). The TPP Investment Chapter, published today, is dated 20 January 2015. The document is classified and supposed to be kept secret for four years after the entry into force of the TPP agreement or, if no agreement is reached, for four years from the close of the negotiations. Julian Assange, WikiLeaks editor said: "The TPP has developed in secret an unaccountable supranational court for multinationals to sue states. This system is a challenge to parliamentary and judicial sovereignty. Similar tribunals have already been shown to chill the adoption of sane environmental protection, public health and public transport policies." Current TPP negotiation member states are the United States, Japan, Mexico, Canada, Australia, Malaysia, Chile, Singapore, Peru, Vietnam, New Zealand and Brunei. The TPP is the largest economic treaty in history, including countries that represent more than 40 per cent of the world´s GDP.
  • The Investment Chapter highlights the intent of the TPP negotiating parties, led by the United States, to increase the power of global corporations by creating a supra-national court, or tribunal, where foreign firms can "sue" states and obtain taxpayer compensation for "expected future profits". These investor-state dispute settlement (ISDS) tribunals are designed to overrule the national court systems. ISDS tribunals introduce a mechanism by which multinational corporations can force governments to pay compensation if the tribunal states that a country's laws or policies affect the company's claimed future profits. In return, states hope that multinationals will invest more. Similar mechanisms have already been used. For example, US tobacco company Phillip Morris used one such tribunal to sue Australia (June 2011 – ongoing) for mandating plain packaging of tobacco products on public health grounds; and by the oil giant Chevron against Ecuador in an attempt to evade a multi-billion-dollar compensation ruling for polluting the environment. The threat of future lawsuits chilled environmental and other legislation in Canada after it was sued by pesticide companies in 2008/9. ISDS tribunals are often held in secret, have no appeal mechanism, do not subordinate themselves to human rights laws or the public interest, and have few means by which other affected parties can make representations. The TPP negotiations have been ongoing in secrecy for five years and are now in their final stages. In the United States the Obama administration plans to "fast-track" the treaty through Congress without the ability of elected officials to discuss or vote on individual measures. This has met growing opposition as a result of increased public scrutiny following WikiLeaks' earlier releases of documents from the negotiations.
  • The TPP is set to be the forerunner to an equally secret agreement between the US and EU, the TTIP (Transatlantic Trade and Investment Partnership). Negotiations for the TTIP were initiated by the Obama administration in January 2013. Combined, the TPP and TTIP will cover more than 60 per cent of global GDP. The third treaty of the same kind, also negotiated in secrecy is TISA, on trade in services, including the financial and health sectors. It covers 50 countries, including the US and all EU countries. WikiLeaks released the secret draft text of the TISA's financial annex in June 2014. All these agreements on so-called “free trade” are negotiated outside the World Trade Organization's (WTO) framework. Conspicuously absent from the countries involved in these agreements are the BRICs countries of Brazil, Russia, India and China. Read the Secret Trans-Pacific Partnership Agreement (TPP) - Investment chapter
  •  
    The previously leaked chapter on copyrights makes clear that the TPP would be a disaster for a knowledge society. This chapter makes clear that only corprorations may compel arbitration; there is no corresponding right for human beings to do so. 
« First ‹ Previous 61 - 80 of 94 Next ›
Showing 20 items per page