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Paul Merrell

Dept. of Justice Accuses Google of Illegally Protecting Monopoly - The New York Times - 1 views

  • The Justice Department accused Google on Tuesday of illegally protecting its monopoly over search and search advertising, the government’s most significant challenge to a tech company’s market power in a generation and one that could reshape the way consumers use the internet.In a much-anticipated lawsuit, the agency accused Google of locking up deals with giant partners like Apple and throttling competition through exclusive business contracts and agreements.Google’s deals with Apple, mobile carriers and other handset makers to make its search engine the default option for users accounted for most of its dominant market share in search, the agency said, a figure that it put at around 80 percent.“For many years,” the agency said in its 57-page complaint, “Google has used anticompetitive tactics to maintain and extend its monopolies in the markets for general search services, search advertising and general search text advertising — the cornerstones of its empire.”The lawsuit, which may stretch on for years, could set off a cascade of other antitrust lawsuits from state attorneys general. About four dozen states and jurisdictions, including New York and Texas, have conducted parallel investigations and some of them are expected to bring separate complaints against the company’s grip on technology for online advertising. Eleven state attorneys general, all Republicans, signed on to support the federal lawsuit.
  • The Justice Department did not immediately put forward remedies, such as selling off parts of the company or unwinding business contracts, in the lawsuit. Such actions are typically pursued in later stages of a case.Ryan Shores, an associate deputy attorney general, said “nothing is off the table” in terms of remedies.
  • Democratic lawmakers on the House Judiciary Committee released a sprawling report on the tech giants two weeks ago, also accusing Google of controlling a monopoly over online search and the ads that come up when users enter a query.
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  • Google last faced serious scrutiny from an American antitrust regulator nearly a decade ago, when the Federal Trade Commission investigated whether it had abused its power over the search market. The agency’s staff recommended bringing charges against the company, according to a memo reported on by The Wall Street Journal. But the agency’s five commissioners voted in 2013 not to bring a case.Other governments have been more aggressive toward the big tech companies. The European Union has brought three antitrust cases against Google in recent years, focused on its search engine, advertising business and Android mobile operating system. Regulators in Britain and Australia are examining the digital advertising market, in inquiries that could ultimately implicate the company.“It’s the most newsworthy monopolization action brought by the government since the Microsoft case in the late ’90s,” said Bill Baer, a former chief of the Justice Department’s antitrust division. “It’s significant in that the government believes that a highly successful tech platform has engaged in conduct that maintains its monopoly power unlawfully, and as a result injures consumers and competition.”
Paul Merrell

Is Apple an Illegal Monopoly? | OneZero - 0 views

  • That’s not a bug. It’s a function of Apple policy. With some exceptions, the company doesn’t let users pay app makers directly for their apps or digital services. They can only pay Apple, which takes a 30% cut of all revenue and then passes 70% to the developer. (For subscription services, which account for the majority of App Store revenues, that 30% cut drops to 15% after the first year.) To tighten its grip, Apple prohibits the affected apps from even telling users how they can pay their creators directly.In 2018, unwilling to continue paying the “Apple tax,” Netflix followed Spotify and Amazon’s Kindle books app in pulling in-app purchases from its iOS app. Users must now sign up elsewhere, such as on the company’s website, in order for the app to become usable. Of course, these brands are big enough to expect that many users will seek them out anyway.
  • Smaller app developers, meanwhile, have little choice but to play by Apple’s rules. That’s true even when they’re competing with Apple’s own apps, which pay no such fees and often enjoy deeper access to users’ devices and information.Now, a handful of developers are speaking out about it — and government regulators are beginning to listen. David Heinemeier Hansson, the co-founder of the project management software company Basecamp, told members of the U.S. House antitrust subcommittee in January that navigating the App Store’s fees, rules, and review processes can feel like a “Kafka-esque nightmare.”One of the world’s most beloved companies, Apple has long enjoyed a reputation for user-friendly products, and it has cultivated an image as a high-minded protector of users’ privacy. The App Store, launched in 2008, stands as one of its most underrated inventions; it has powered the success of the iPhone—perhaps the most profitable product in human history. The concept was that Apple and developers could share in one another’s success with the iPhone user as the ultimate beneficiary.
  • But critics say that gauzy success tale belies the reality of a company that now wields its enormous market power to bully, extort, and sometimes even destroy rivals and business partners alike. The iOS App Store, in their telling, is a case study in anti-competitive corporate behavior. And they’re fighting to change that — by breaking its choke hold on the Apple ecosystem.
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  • Whether Apple customers have a real choice in mobile platforms, once they’ve bought into the company’s ecosystem, is another question. In theory, they could trade in their pricey hardware for devices that run Android, which offers equivalents of many iOS features and apps. In reality, Apple has built its empire on customer lock-in: making its own gadgets and services work seamlessly with one another, but not with those of rival companies. Tasks as simple as texting your friends can become a migraine-inducing mess when you switch from iOS to Android. The more Apple products you buy, the more onerous it becomes to abandon ship.
  • The case against Apple goes beyond iOS. At a time when Apple is trying to reinvent itself as a services company to offset plateauing hardware sales — pushing subscriptions to Apple Music, Apple TV+, Apple News+, and Apple Arcade, as well as its own credit card — the antitrust concerns are growing more urgent. Once a theoretical debate, the question of whether its App Store constitutes an illegal monopoly is now being actively litigated on multiple fronts.
  • The company faces an antitrust lawsuit from consumers; a separate antitrust lawsuit from developers; a formal antitrust complaint from Spotify in the European Union; investigations by the Federal Trade Commission and the Department of Justice; and an inquiry by the antitrust subcommittee of the U.S House of Representatives. At stake are not only Apple’s profits, but the future of mobile software.Apple insists that it isn’t a monopoly, and that it strives to make the app store a fair and level playing field even as its own apps compete on that field. But in the face of unprecedented scrutiny, there are signs that the famously stubborn company may be feeling the pressure to prove it.
  • Tile is hardly alone in its grievances. Apple’s penchant for copying key features of third-party apps and integrating them into its operating system is so well-known among developers that it has a name: “Sherlocking.” It’s a reference to the time—in the early 2000s—when Apple kneecapped a popular third-party web-search interface for Mac OS X, called Watson. Apple built virtually all of Watson’s functionality into its own feature, called Sherlock.In a 2006 blog post, Watson’s developer, Karelia Software, recalled how Apple’s then-CEO Steve Jobs responded when they complained about the company’s 2002 power play. “Here’s how I see it,” Jobs said, according to Karelia founder Dan Wood’s loose paraphrase. “You know those handcars, the little machines that people stand on and pump to move along on the train tracks? That’s Karelia. Apple is the steam train that owns the tracks.”From an antitrust standpoint, the metaphor is almost too perfect. It was the monopoly power of railroads in the late 19th century — and their ability to make or break the businesses that used their tracks — that spurred the first U.S. antitrust regulations.There’s another Jobs quote that’s relevant here. Referencing Picasso’s famous saying, “Good artists copy, great artists steal,” Jobs said of Apple in 2006. “We have always been shameless about stealing great ideas.” Company executives later tried to finesse the quote’s semantics, but there’s no denying that much of iOS today is built on ideas that were not originally Apple’s.
Paul Merrell

Huawei Will Launch Android Alternative OS In August; Reports Surprise Revenue Increase | Zero Hedge - 1 views

  • Huawei Technologies, the world’s largest telecommunications equipment supplier, is set to launch its HongMeng operating system (OS) as a potential alternative to Google's Android OS, on August 9 at Huawei's Developer Conference, industry insiders told the Global Times Wednesday. According to media reports, the user experience (UX) design features a brand new ringtone and notification panel, a cleaner interface for the camera, more animation and faster speed. Users can also add widgets and personalize the locked screen. Citing industry experts (most likely of Chinese origin), the Global Times reported that "it is possible for Huawei to build a sustainable smartphone ecosystem on the HongMeng OS and reshape the current market dominated by Android and Apple's iOS", although the new system is primarily designed for industrial automation and applications in the Internet of Things (IoT). "Given the design features of the HongMeng OS, it can be a game changer in IoT-related areas, such as driverless cars and smart homes," Fu Liang, a Beijing-based independent industry analyst, told the Global Times. According to Huawei's website, the HongMeng OS is built with a processing latency of less than 5 milliseconds, which is especially required in circumstances involving IoT applications that often need to transfer large amount of data simultaneously.
Paul Merrell

Can Dweb Save The Internet? 06/03/2019 - 0 views

  • On a mysterious farm just above the Pacific Ocean, the group who built the internet is inviting a small number of friends to a semi-secret gathering. They describe it as a camp "where diverse people can freely exchange ideas about the technologies, laws, markets, and agreements we need to move forward.” Forward indeed.It wasn’t that long ago that the internet was an open network of computers, blogs, sites, and posts.But then something happened -- and the open web was taken over by private, for-profit, closed networks. Facebook isn’t the web. YouTube isn’t the web. Google isn’t the web. They’re for-profit businesses that are looking to sell audiences to advertisers.Brewster Kahle is one of the early web innovators who built the Internet Archive as a public storehouse to protect the web’s history. Along with web luminaries such as Sir Tim Berners-Lee and Vint Cerf, he is working to protect and rebuild the open nature of the web.advertisementadvertisement“We demonstrated that the web had failed instead of served humanity, as it was supposed to have done,” Berners-Lee told Vanity Fair. The web has “ended up producing -- [through] no deliberate action of the people who designed the platform -- a large-scale emergent phenomenon which is anti-human.”
  • o, they’re out to fix it, working on what they call the Dweb. The “d” in Dweb stands for distributed. In distributed systems, no one entity has control over the participation of any other entity.Berners-Lee is building a platform called Solid, designed to give people control over their own data. Other global projects also have the goal of taking take back the public web. Mastodon is decentralized Twitter. Peertube is a decentralized alternative to YouTube.This July 18 - 21, web activists plan to convene at the Decentralized Web Summit in San Francisco. Back in 2016, Kahle convened an early group of builders, archivists, policymaker, and journalists. He issued a challenge to  use decentralized technologies to “Lock the Web Open.” It’s hard to imagine he knew then how quickly the web would become a closed network.Last year's Dweb gathering convened more than 900 developers, activists, artists, researchers, lawyers, and students. Kahle opened the gathering by reminding attendees that the web used to be a place where everyone could play. "Today, I no longer feel like a player, I feel like I’m being played. Let’s build a decentralized web, let’s build a system we can depend on, a system that doesn’t feel creepy” he said, according to IEEE Spectrum.With the rising tide of concerns about how social networks have hacked our democracy, Kahle and his Dweb community will gather with increasing urgency around their mission.The internet began with an idealist mission to connect people and information for good. Today's web has yet to achieve that goal, but just maybe Dweb will build an internet more robust and open than the current infrastructure allows. That’s a mission worth fighting for.
Paul Merrell

Assange Keeps Warning Of AI Censorship, And It's Time We Started Listening - 0 views

  • Where power is not overtly totalitarian, wealthy elites have bought up all media, first in print, then radio, then television, and used it to advance narratives that are favorable to their interests. Not until humanity gained widespread access to the internet has our species had the ability to freely and easily share ideas and information on a large scale without regulation by the iron-fisted grip of power. This newfound ability arguably had a direct impact on the election for the most powerful elected office in the most powerful government in the world in 2016, as a leak publishing outlet combined with alternative and social media enabled ordinary Americans to tell one another their own stories about what they thought was going on in their country.This newly democratized narrative-generating power of the masses gave those in power an immense fright, and they’ve been working to restore the old order of power controlling information ever since. And the editor-in-chief of the aforementioned leak publishing outlet, WikiLeaks, has been repeatedly trying to warn us about this coming development.
  • In a statement that was recently read during the “Organising Resistance to Internet Censorship” webinar, sponsored by the World Socialist Web Site, Assange warned of how “digital super states” like Facebook and Google have been working to “re-establish discourse control”, giving authority over how ideas and information are shared back to those in power.Assange went on to say that the manipulative attempts of world power structures to regain control of discourse in the information age has been “operating at a scale, speed, and increasingly at a subtlety, that appears likely to eclipse human counter-measures.”What this means is that using increasingly more advanced forms of artificial intelligence, power structures are becoming more and more capable of controlling the ideas and information that people are able to access and share with one another, hide information which goes against the interests of those power structures and elevate narratives which support those interests, all of course while maintaining the illusion of freedom and lively debate.
  • To be clear, this is already happening. Due to a recent shift in Google’s “evaluation methods”, traffic to left-leaning and anti-establishment websites has plummeted, with sites like WikiLeaks, Alternet, Counterpunch, Global Research, Consortium News, Truthout, and WSWS losing up to 70 percent of the views they were getting prior to the changes. Powerful billionaire oligarchs Pierre Omidyar and George Soros are openly financing the development of “an automated fact-checking system” (AI) to hide “fake news” from the public.
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  • To make matters even worse, there’s no way to know the exact extent to which this is going on, because we know that we can absolutely count on the digital super states in question to lie about it. In the lead-up to the 2016 election, Twitter CEO Jack Dorsey was asked point-blank if Twitter was obstructing the #DNCLeaks from trending, a hashtag people were using to build awareness of the DNC emails which had just been published by WikiLeaks, and Dorsey flatly denied it. More than a year later, we learned from a prepared testimony before the Senate Subcommittee on Crime and Terrorism by Twitter’s acting general counsel Sean J. Edgett that this was completely false and Twitter had indeed been doing exactly that to protect the interests of US political structures by sheltering the public from information allegedly gathered by Russian hackers.
  • Imagine going back to a world like the Middle Ages where you only knew the things your king wanted you to know, except you could still watch innocuous kitten videos on Youtube. That appears to be where we may be headed, and if that happens the possibility of any populist movement arising to hold power to account may be effectively locked out from the realm of possibility forever.To claim that these powerful new media corporations are just private companies practicing their freedom to determine what happens on their property is to bury your head in the sand and ignore the extent to which these digital super states are already inextricably interwoven with existing power structures. In a corporatist system of government, which America unquestionably has, corporate censorship is government censorship, of an even more pernicious strain than if Jeff Sessions were touring the country burning books. The more advanced artificial intelligence becomes, the more adept these power structures will become at manipulating us. Time to start paying very close attention to this.
Paul Merrell

NSA Based Malware Used In Massive Cyber-Attack Hitting 74 Countries - 0 views

  • Apparent National Security Agency (NSA) malware has been used in a global cyber-attack, including on British hospitals, in what whistleblower Edward Snowden described as the repercussion of the NSA’s reckless decision to build the tools. “Despite warnings, @NSAGov built dangerous attack tools that could target Western software. Today we see the cost,” Snowden tweeted Friday. At least two hospitals in London were forced to shut down and stop admitting patients after being attacked by the malware, which operates by locking out the user, encrypting data, and demanding a ransom to release it. The attacks hit dozens of other hospitals, ambulance operators, and doctors’ offices as well.
  • The Blackpool Gazette in the northwest reported that medical staff had resorted to using pen and paper when phone and computer systems shut down. Elsewhere, journalist Ollie Cowan tweeted a photo of ambulances “backed up” at Southport Hospital as the staff attempted to cope with the crisis.
  • Other disruptions were reported in at least 74 countries, including Russia, Spain, Turkey, and Japan, and the number is “growing fast,” according to Kaspersky Lab chief Costin Raiu. Security architect Kevin Beau said it was spreading into the U.S. as well. The malware, which Microsoft tested briefly earlier this year, was leaked by a group calling itself the Shadow Brokers, which has been releasing NSA hacking tools online since last year, the New York Times reports. Times journalists Dan Bilefsky and Nicole Perlroth wrote: Microsoft rolled out a patch for the vulnerability in March, but hackers apparently took advantage of the fact that vulnerable targets—particularly hospitals—had yet to update their systems. The malware was circulated by email. Targets were sent an encrypted, compressed file that, once loaded, allowed the ransomware to infiltrate its targets. Reuters reported that the National Health Service (NHS), England’s public health system, was warned about possible hacking earlier in the day, but that by then it was already too late.
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  • A Twitter account with the handle @HackerFantastic, the co-founder of the cyber security company Hacker House, tweeted that the firm had “warned the NHS with Sky news about vulnerabilities they had last year, this was inevitable and bound to happen at some stage.” “In light of today’s attack, Congress needs to be asking @NSAgov if it knows of any other vulnerabilities in software used in our hospitals,” Snowden tweeted. “If @NSAGov had privately disclosed the flaw used to attack hospitals when they *found* it, not when they lost it, this may not have happened.” Disclosing the vulnerability when it was found would have given hospitals years, not months, to update their systems and prepare for an attack, he added.
  • witter user @MalwareTechBlog added, “Something like this is incredibly significant, we’ve not seen P2P spreading on PC via exploits at this scale in nearly a decade.” Patrick Toomey, a staff attorney with the American Civil Liberties Union’s (ACLU) National Security Project, said, “It would be shocking if the NSA knew about this vulnerability but failed to disclose it to Microsoft until after it was stolen.” “These attacks underscore the fact that vulnerabilities will be exploited not just by our security agencies, but by hackers and criminals around the world,” Toomey said. “It is past time for Congress to enhance cybersecurity by passing a law that requires the government to disclose vulnerabilities to companies in a timely manner. Patching security holes immediately, not stockpiling them, is the best way to make everyone’s digital life safer.”
Paul Merrell

US State Police Have Spent Millions on Israeli Phone Cracking Tech | Motherboard - 0 views

  • This is part of a Motherboard mini-series on the proliferation of phone cracking technology, the people behind it, and who is buying it. Follow along here.When cops have a phone to break into, they just might pull a small, laptop-sized device out of a rugged briefcase. After plugging the phone in with a cable, and a few taps of a touch-screen, the cops have now bypassed the phone’s passcode. Almost like magic, they now have access to call logs, text messages, and in some cases even deleted data.State police forces and highway patrols in the US have collectively spent millions of dollars on this sort of technology to break into and extract data from mobile phones, according to documents obtained by Motherboard. Over 2,000 pages of invoices, purchase orders, communications, and other documents lay out in unprecedented detail how one company in particular has cornered the trade in mobile phone forensics equipment across the United States.Cellebrite, an Israel-based firm, sells tools that can pull data from most mobile phones on the market, such as contact lists, emails, and wiped messages. Cellebrite's products can also circumvent the passcode locks or other security protections on many current mobile phones. The gear is typically used to gather evidence from a criminal suspect's device after it has been seized, and although not many public examples of abuse are available, Cellebrite’s tools have been used by non-US authorities to prosecute dissidents.Previous reports have focused on federal agencies' acquisition of Cellebrite tools. But as smartphones have proliferated and increasingly become the digital center of our lives, the demand and supply of mobile forensics tools has trickled down to more local bodies.
Gonzalo San Gil, PhD.

"DRM is Used to Lock in, Control and Spy on Users" - TorrentFreak - 0 views

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    " Ernesto on November 8, 2016 C: 5 Breaking In a scathing critique, the Free Software Foundation is urging the U.S. Government to drop the DMCA's anti-circumvention provisions which protect DRM. The foundation argues that DRM is a violation of users' rights, which under the guise of copyright protection is used to harm, control and spy on people."
Paul Merrell

FBI director: Cover up your webcam | TheHill - 0 views

  • The head of the FBI on Wednesday defended putting a piece of tape over his personal laptop's webcam, claiming the security step was a common sense one that most should take.  “There’s some sensible things you should be doing, and that’s one of them,” Director James Comey said during a conference at the Center for Strategic and International Studies.ADVERTISEMENT“You go into any government office and we all have the little camera things that sit on top of the screen,” he added. “They all have a little lid that closes down on them.“You do that so that people who don’t have authority don’t look at you. I think that’s a good thing.”Comey was pilloried online earlier this year, after he revealed that he puts a piece of tape over his laptop camera to keep away prying eyes. The precaution is a common one among security advocates, given the relative ease of hacking laptop cameras.  
  • But many found it ironic for Comey, who this year launched a high profile battle against Apple to gain access to data locked inside of the iPhone used by one of the San Bernardino, Calif., terrorists. Many viewed that fight as a referendum on digital privacy.Comey was “much mocked for that,” he acknowledged on Wednesday.But he still uses the tape on his laptop.“I hope people lock their cars,” he said. “lock your doors at night… if you have an alarm system, you should use it.”“It’s not crazy that the FBI director cares about personal security as well,” the FBI director added. “So I think people ought to take responsibility for their own safety and security.”
Paul Merrell

The Internet of Things Will Turn Large-Scale Hacks into Real World Disasters | Motherboard - 0 views

  • Disaster stories involving the Internet of Things are all the rage. They feature cars (both driven and driverless), the power grid, dams, and tunnel ventilation systems. A particularly vivid and realistic one, near-future fiction published last month in New York Magazine, described a cyberattack on New York that involved hacking of cars, the water system, hospitals, elevators, and the power grid. In these stories, thousands of people die. Chaos ensues. While some of these scenarios overhype the mass destruction, the individual risks are all real. And traditional computer and network security isn’t prepared to deal with them.Classic information security is a triad: confidentiality, integrity, and availability. You’ll see it called “CIA,” which admittedly is confusing in the context of national security. But basically, the three things I can do with your data are steal it (confidentiality), modify it (integrity), or prevent you from getting it (availability).
  • So far, internet threats have largely been about confidentiality. These can be expensive; one survey estimated that data breaches cost an average of $3.8 million each. They can be embarrassing, as in the theft of celebrity photos from Apple’s iCloud in 2014 or the Ashley Madison breach in 2015. They can be damaging, as when the government of North Korea stole tens of thousands of internal documents from Sony or when hackers stole data about 83 million customer accounts from JPMorgan Chase, both in 2014. They can even affect national security, as in the case of the Office of Personnel Management data breach by—presumptively—China in 2015. On the Internet of Things, integrity and availability threats are much worse than confidentiality threats. It’s one thing if your smart door lock can be eavesdropped upon to know who is home. It’s another thing entirely if it can be hacked to allow a burglar to open the door—or prevent you from opening your door. A hacker who can deny you control of your car, or take over control, is much more dangerous than one who can eavesdrop on your conversations or track your car’s location. With the advent of the Internet of Things and cyber-physical systems in general, we've given the internet hands and feet: the ability to directly affect the physical world. What used to be attacks against data and information have become attacks against flesh, steel, and concrete. Today’s threats include hackers crashing airplanes by hacking into computer networks, and remotely disabling cars, either when they’re turned off and parked or while they’re speeding down the highway. We’re worried about manipulated counts from electronic voting machines, frozen water pipes through hacked thermostats, and remote murder through hacked medical devices. The possibilities are pretty literally endless. The Internet of Things will allow for attacks we can’t even imagine.
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    Bruce Scneier on the insecurity of the Internet of Things, and possible consequences.
Paul Merrell

What to Do About Lawless Government Hacking and the Weakening of Digital Security | Electronic Frontier Foundation - 0 views

  • In our society, the rule of law sets limits on what government can and cannot do, no matter how important its goals. To give a simple example, even when chasing a fleeing murder suspect, the police have a duty not to endanger bystanders. The government should pay the same care to our safety in pursuing threats online, but right now we don’t have clear, enforceable rules for government activities like hacking and "digital sabotage." And this is no abstract question—these actions increasingly endanger everyone’s security
  • The problem became especially clear this year during the San Bernardino case, involving the FBI’s demand that Apple rewrite its iOS operating system to defeat security features on a locked iPhone. Ultimately the FBI exploited an existing vulnerability in iOS and accessed the contents of the phone with the help of an "outside party." Then, with no public process or discussion of the tradeoffs involved, the government refused to tell Apple about the flaw. Despite the obvious fact that the security of the computers and networks we all use is both collective and interwoven—other iPhones used by millions of innocent people presumably have the same vulnerability—the government chose to withhold information Apple could have used to improve the security of its phones. Other examples include intelligence activities like Stuxnet and Bullrun, and law enforcement investigations like the FBI’s mass use of malware against Tor users engaged in criminal behavior. These activities are often disproportionate to stopping legitimate threats, resulting in unpatched software for millions of innocent users, overbroad surveillance, and other collateral effects.  That’s why we’re working on a positive agenda to confront governmental threats to digital security. Put more directly, we’re calling on lawyers, advocates, technologists, and the public to demand a public discussion of whether, when, and how governments can be empowered to break into our computers, phones, and other devices; sabotage and subvert basic security protocols; and stockpile and exploit software flaws and vulnerabilities.  
  • Smart people in academia and elsewhere have been thinking and writing about these issues for years. But it’s time to take the next step and make clear, public rules that carry the force of law to ensure that the government weighs the tradeoffs and reaches the right decisions. This long post outlines some of the things that can be done. It frames the issue, then describes some of the key areas where EFF is already pursuing this agenda—in particular formalizing the rules for disclosing vulnerabilities and setting out narrow limits for the use of government malware. Finally it lays out where we think the debate should go from here.   
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    "In our society, the rule of law sets limits on what government can and cannot do, no matter how important its goals. "
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    It's not often that I disagree with EFF's positions, but on this one I do. The government should be prohibited from exploiting computer vulnerabilities and should be required to immediately report all vulnerabilities discovered to the relevant developers of hardware or software. It's been one long slippery slope since the Supreme Court first approved wiretapping in Olmstead v. United States, 277 US 438 (1928), https://goo.gl/NJevsr (.) Left undecided to this day is whether we have a right to whisper privately, a right that is undeniable. All communications intercept cases since Olmstead fly directly in the face of that right.
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)."
Gonzalo San Gil, PhD.

Linux Practicality vs Activism - Datamation - 0 views

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    " ...For some, the freedom enjoyed by using Linux is the freedom from vendor lock-in or high software costs. Most would call this a practical consideration. Others users would tell you the freedom they enjoy is software freedom. This means embracing Linux distributions that support the Free Software Movement, avoiding proprietary software completely and all things related. In this article, I'll walk you through some of the differences between these two freedoms and how they affect Linux usage. ...."
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    " ...For some, the freedom enjoyed by using Linux is the freedom from vendor lock-in or high software costs. Most would call this a practical consideration. Others users would tell you the freedom they enjoy is software freedom. This means embracing Linux distributions that support the Free Software Movement, avoiding proprietary software completely and all things related. In this article, I'll walk you through some of the differences between these two freedoms and how they affect Linux usage. ...."
Paul Merrell

Save Firefox! | Electronic Frontier Foundation - 0 views

  • The World Wide Web Consortium (W3C), once the force for open standards that kept browsers from locking publishers to their proprietary capabilities, has changed its mission. Since 2013, the organization has provided a forum where today's dominant browser companies and the dominant entertainment companies can collaborate on a system to let our browsers control our behavior, rather than the other way. This system, "Encrypted Media Extensions" (EME) uses standards-defined code to funnel video into a proprietary container called a "Content Decryption Module." For a new browser to support this new video streaming standard -- which major studios and cable operators are pushing for -- it would have to convince those entertainment companies or one of their partners to let them have a CDM, or this part of the "open" Web would not display in their new browser. This is the opposite of every W3C standard to date: once, all you needed to do to render content sent by a server was follow the standard, not get permission. If browsers had needed permission to render a page at the launch of Mozilla, the publishers would have frozen out this new, pop-up-blocking upstart. Kiss Firefox goodbye, in other words.
  • The W3C didn't have to do this. No copyright law says that making a video gives you the right to tell people who legally watch it how they must configure their equipment. But because of the design of EME, copyright holders will be able to use the law to shut down any new browser that tries to render the video without their permission. That's because EME is designed to trigger liability under section 1201 of the Digital Millennium Copyright Act (DMCA), which says that removing a digital lock that controls access to a copyrighted work without permission is an offense, even if the person removing the lock has the right to the content it restricts. In other words, once a video is sent with EME, a new company that unlocks it for its users can be sued, even if the users do nothing illegal with that video. We proposed that the W3C could protect new browsers by making their members promise not to use the DMCA to attack new entrants in the market, an idea supported by a diverse group of W3C members, but the W3C executive overruled us saying the work would go forward with no safeguards for future competition. It's even worse than at first glance. The DMCA isn't limited to the USA: the US Trade Representative has spread DMCA-like rules to virtually every country that does business with America. Worse still: the DMCA is also routinely used by companies to threaten and silence security researchers who reveal embarrassing defects in their products. The W3C also declined to require its members to protect security researchers who discover flaws in EME, leaving every Web user vulnerable to vulnerabilities whose disclosure can only safely take place if the affected company decides to permit it.
  • The W3C needs credibility with people who care about the open Web and innovation in order to be viable. They are sensitive to this kind of criticism. We empathize. There are lots of good people working there, people who genuinely, passionately want the Web to stay open to everyone, and to be safe for its users. But the organization made a terrible decision when it opted to provide a home for EME, and an even worse one when it overruled its own members and declined protection for security research and new competitors. It needs to hear from you now. Please share this post, and spread the word. Help the W3C be the organization it is meant to be.
Gonzalo San Gil, PhD.

US gov't: Someone gave us the passcode to locked iPhone, so we don't need Apple | Ars Technica UK - 1 views

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    "In February, judge warned of "virtually limitless expansion" of US gov't authority. by Cyrus Farivar (US) - Apr 23, 2016 5:54pm CEST"
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    "In February, judge warned of "virtually limitless expansion" of US gov't authority. by Cyrus Farivar (US) - Apr 23, 2016 5:54pm CEST"
Paul Merrell

WhatsApp Encryption Said to Stymie Wiretap Order - The New York Times - 0 views

  • While the Justice Department wages a public fight with Apple over access to a locked iPhone, government officials are privately debating how to resolve a prolonged standoff with another technology company, WhatsApp, over access to its popular instant messaging application, officials and others involved in the case said. No decision has been made, but a court fight with WhatsApp, the world’s largest mobile messaging service, would open a new front in the Obama administration’s dispute with Silicon Valley over encryption, security and privacy.WhatsApp, which is owned by Facebook, allows customers to send messages and make phone calls over the Internet. In the last year, the company has been adding encryption to those conversations, making it impossible for the Justice Department to read or eavesdrop, even with a judge’s wiretap order.
  • As recently as this past week, officials said, the Justice Department was discussing how to proceed in a continuing criminal investigation in which a federal judge had approved a wiretap, but investigators were stymied by WhatsApp’s encryption.The Justice Department and WhatsApp declined to comment. The government officials and others who discussed the dispute did so on condition of anonymity because the wiretap order and all the information associated with it were under seal. The nature of the case was not clear, except that officials said it was not a terrorism investigation. The location of the investigation was also unclear.
  • To understand the battle lines, consider this imperfect analogy from the predigital world: If the Apple dispute is akin to whether the F.B.I. can unlock your front door and search your house, the issue with WhatsApp is whether it can listen to your phone calls. In the era of encryption, neither question has a clear answer.Some investigators view the WhatsApp issue as even more significant than the one over locked phones because it goes to the heart of the future of wiretapping. They say the Justice Department should ask a judge to force WhatsApp to help the government get information that has been encrypted. Others are reluctant to escalate the dispute, particularly with senators saying they will soon introduce legislation to help the government get data in a format it can read.
Gonzalo San Gil, PhD.

Florida sheriff pledges to arrest CEO Tim Cook if Apple resists crypto cooperation | Ars Technica UK - 1 views

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    "If Apple wouldn't comply with a court order, sheriff vows: "I'll lock the rascal up." by Cyrus Farivar (US) - Mar 12, 2016 8:15pm CET"
Gonzalo San Gil, PhD.

A cloud office suite alternative to Microsoft and Google - CSC Blogs - 0 views

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    "Like the idea of having a cloud office suite, but not crazy about being locked into Microsoft Office 365 or Google Docs software-as-a-service (SaaS) ? Two open-source companies, ownCloud and Kolab Systems, are working on enabling an office suite for your own private cloud. Kolab, like ownCloud, is using Collabora's cloud version of the open-source LibreOffice office suite, Collabora CloudSuite. The desktop version of LibreOffice is my favorite office suite."
Paul Merrell

How Edward Snowden Changed Everything | The Nation - 0 views

  • Ben Wizner, who is perhaps best known as Edward Snowden’s lawyer, directs the American Civil Liberties Union’s Speech, Privacy & Technology Project. Wizner, who joined the ACLU in August 2001, one month before the 9/11 attacks, has been a force in the legal battles against torture, watch lists, and extraordinary rendition since the beginning of the global “war on terror.” Ad Policy On October 15, we met with Wizner in an upstate New York pub to discuss the state of privacy advocacy today. In sometimes sardonic tones, he talked about the transition from litigating on issues of torture to privacy advocacy, differences between corporate and state-sponsored surveillance, recent developments in state legislatures and the federal government, and some of the obstacles impeding civil liberties litigation. The interview has been edited and abridged for publication.
  • en Wizner, who is perhaps best known as Edward Snowden’s lawyer, directs the American Civil Liberties Union’s Speech, Privacy & Technology Project. Wizner, who joined the ACLU in August 2001, one month before the 9/11 attacks, has been a force in the legal battles against torture, watch lists, and extraordinary rendition since the beginning of the global “war on terror.” Ad Policy On October 15, we met with Wizner in an upstate New York pub to discuss the state of privacy advocacy today. In sometimes sardonic tones, he talked about the transition from litigating on issues of torture to privacy advocacy, differences between corporate and state-sponsored surveillance, recent developments in state legislatures and the federal government, and some of the obstacles impeding civil liberties litigation. The interview has been edited and abridged for publication.
  • Many of the technologies, both military technologies and surveillance technologies, that are developed for purposes of policing the empire find their way back home and get repurposed. You saw this in Ferguson, where we had military equipment in the streets to police nonviolent civil unrest, and we’re seeing this with surveillance technologies, where things that are deployed for use in war zones are now commonly in the arsenals of local police departments. For example, a cellphone surveillance tool that we call the StingRay—which mimics a cellphone tower and communicates with all the phones around—was really developed as a military technology to help identify targets. Now, because it’s so inexpensive, and because there is a surplus of these things that are being developed, it ends up getting pushed down into local communities without local democratic consent or control.
  • ...4 more annotations...
  • SG & TP: How do you see the current state of the right to privacy? BW: I joked when I took this job that I was relieved that I was going to be working on the Fourth Amendment, because finally I’d have a chance to win. That was intended as gallows humor; the Fourth Amendment had been a dishrag for the last several decades, largely because of the war on drugs. The joke in civil liberties circles was, “What amendment?” But I was able to make this joke because I was coming to Fourth Amendment litigation from something even worse, which was trying to sue the CIA for torture, or targeted killings, or various things where the invariable outcome was some kind of non-justiciability ruling. We weren’t even reaching the merits at all. It turns out that my gallows humor joke was prescient.
  • The truth is that over the last few years, we’ve seen some of the most important Fourth Amendment decisions from the Supreme Court in perhaps half a century. Certainly, I think the Jones decision in 2012 [U.S. v. Jones], which held that GPS tracking was a Fourth Amendment search, was the most important Fourth Amendment decision since Katz in 1967 [Katz v. United States], in terms of starting a revolution in Fourth Amendment jurisprudence signifying that changes in technology were not just differences in degree, but they were differences in kind, and require the Court to grapple with it in a different way. Just two years later, you saw the Court holding that police can’t search your phone incident to an arrest without getting a warrant [Riley v. California]. Since 2012, at the level of Supreme Court jurisprudence, we’re seeing a recognition that technology has required a rethinking of the Fourth Amendment at the state and local level. We’re seeing a wave of privacy legislation that’s really passing beneath the radar for people who are not paying close attention. It’s not just happening in liberal states like California; it’s happening in red states like Montana, Utah, and Wyoming. And purple states like Colorado and Maine. You see as many libertarians and conservatives pushing these new rules as you see liberals. It really has cut across at least party lines, if not ideologies. My overall point here is that with respect to constraints on government surveillance—I should be more specific—law-enforcement government surveillance—momentum has been on our side in a way that has surprised even me.
  • Do you think that increased privacy protections will happen on the state level before they happen on the federal level? BW: I think so. For example, look at what occurred with the death penalty and the Supreme Court’s recent Eighth Amendment jurisprudence. The question under the Eighth Amendment is, “Is the practice cruel and unusual?” The Court has looked at what it calls “evolving standards of decency” [Trop v. Dulles, 1958]. It matters to the Court, when it’s deciding whether a juvenile can be executed or if a juvenile can get life without parole, what’s going on in the states. It was important to the litigants in those cases to be able to show that even if most states allowed the bad practice, the momentum was in the other direction. The states that were legislating on this most recently were liberalizing their rules, were making it harder to execute people under 18 or to lock them up without the possibility of parole. I think you’re going to see the same thing with Fourth Amendment and privacy jurisprudence, even though the Court doesn’t have a specific doctrine like “evolving standards of decency.” The Court uses this much-maligned test, “Do individuals have a reasonable expectation of privacy?” We’ll advance the argument, I think successfully, that part of what the Court should look at in considering whether an expectation of privacy is reasonable is showing what’s going on in the states. If we can show that a dozen or eighteen state legislatures have enacted a constitutional protection that doesn’t exist in federal constitutional law, I think that that will influence the Supreme Court.
  • The question is will it also influence Congress. I think there the answer is also “yes.” If you’re a member of the House or the Senate from Montana, and you see that your state legislature and your Republican governor have enacted privacy legislation, you’re not going to be worried about voting in that direction. I think this is one of those places where, unlike civil rights, where you saw most of the action at the federal level and then getting forced down to the states, we’re going to see more action at the state level getting funneled up to the federal government.
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    A must-read. Ben Wizner discusses the current climate in the courts in government surveillance cases and how Edward Snowden's disclosures have affected that, and much more. Wizner is not only Edward Snowden's lawyer, he is also the coordinator of all ACLU litigation on electronic surveillance matters.
Gonzalo San Gil, PhD.

The Digital Firehose: Free the Law: Democracy requires open court decisions - 0 views

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    "It is heartening to see that someone has noticed how most of our court documents and decisions are locked up behind a paywall and is willing to do something about it."
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    "It is heartening to see that someone has noticed how most of our court documents and decisions are locked up behind a paywall and is willing to do something about it."
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