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Gary Edwards

XML Production Workflows? Start with the Web and XHTML - 0 views

  • Challenges: Some Ugly Truths The challenges of building—and living with—an XML workflow are clear enough. The return on investment is a long-term proposition. Regardless of the benefits XML may provide, the starting reality is that it represents a very different way of doing things than the one we are familiar with. The Word Processing and Desktop Publishing paradigm, based on the promise of onscreen, WYSIWYG layout, is so dominant as to be practically inescapable. It has proven really hard to get from here to there, no matter how attractive XML might be on paper. A considerable amount of organizational effort and labour must be expended up front in order to realize the benefits. This is why XML is often referred to as an “investment”: you sink a bunch of time and money up front, and realize the benefits—greater flexibility, multiple output options, searching and indexing, and general futureproofing—later, over the long haul. It is not a short-term return proposition. And, of course, the returns you are able to realize from your XML investment are commensurate with what you put in up front: fine-grained, semantically rich tagging is going to give you more potential for searchability and recombination than a looser, more general-purpose approach, but it sure costs more. For instance, the Text Encoding Initiative (TEI) is the grand example of pouring enormous amounts of energy into the up-front tagging, with a very open-ended set of possibilities down the line. TEI helpfully defines a level to which most of us do not have to aspire.[5] But understanding this on a theoretical level is only part of the challenge. There are many practical issues that must be addressed. Software and labour are two of the most critical. How do you get the content into XML in the first place? Unfortunately, despite two decades of people doing SGML and XML, this remains an ugly question.
  • Practical Challenges In 2009, there is still no truly likeable—let alone standard—editing and authoring software for XML. For many (myself included), the high-water mark here was Adobe’s FrameMaker, substantially developed by the late 1990s. With no substantial market for it, it is relegated today mostly to the tech writing industry, unavailable for the Mac, and just far enough afield from the kinds of tools we use today that its adoption represents a significant hurdle. And FrameMaker was the best of the breed; most of the other software in decent circulation are programmers’ tools—the sort of things that, as Michael Tamblyn pointed out, encourage editors to drink at their desks. The labour question represents a stumbling block as well. The skill-sets and mind-sets that effective XML editors need have limited overlap with those needed by literary and more traditional production editors. The need to think of documents as machine-readable databases is not something that comes naturally to folks steeped in literary culture. In combination with the sheer time and effort that rich tagging requires, many publishers simply outsource the tagging to India, drawing a division of labour that spans oceans, to put it mildly. Once you have XML content, then what do you do with it? How do you produce books from it? Presumably, you need to be able to produce print output as well as digital formats. But while the latter are new enough to be generally XML-friendly (e-book formats being largely XML based, for instance), there aren’t any straightforward, standard ways of moving XML content into the kind of print production environments we are used to seeing. This isn’t to say that there aren’t ways of getting print—even very high-quality print—output from XML, just that most of them involve replacing your prepress staff with Java programmers.
  • Why does this have to be so hard? It’s not that XML is new, or immature, or untested. Remember that the basics have been around, and in production, since the early 1980s at least. But we have to take account of a substantial and long-running cultural disconnect between traditional editorial and production processes (the ones most of us know intimately) and the ways computing people have approached things. Interestingly, this cultural divide looked rather different in the 1970s, when publishers were looking at how to move to digital typesetting. Back then, printers and software developers could speak the same language. But that was before the ascendancy of the Desktop Publishing paradigm, which computerized the publishing industry while at the same time isolating it culturally. Those of us who learned how to do things the Quark way or the Adobe way had little in common with people who programmed databases or document-management systems. Desktop publishing technology isolated us in a smooth, self-contained universe of toolbars, grid lines, and laser proofs. So, now that the reasons to get with this program, XML, loom large, how can we bridge this long-standing divide?
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  • Using the Web as a Production Platform The answer, I think, is right in front of you. The bridge is the Web, a technology and platform that is fundamentally based on XML, and which many publishers are by now comfortably familiar with. Perhaps not entirely comfortably, but at least most publishers are already working with the Web; they already either know or have on staff people who understand it and can work with it. The foundation of our argument is this: rather than looking at jumping to XML in its full, industrial complexity, which seems to be what the O'Reilly-backed StartWithXML initiative[6] is suggesting, publishers instead leverage existing tools and technologies—starting with the Web—as a means of getting XML workflows in place. This means making small investments and working with known tools rather than spending tens of thousands of dollars on XML software and rarefied consultants. It means re-thinking how the existing pieces of the production toolchain fit together; re-thinking the existing roles of software components already in use. It means, fundamentally, taking the Web seriously as a content platform, rather than thinking of it as something you need to get content out to, somehow. If nothing else, the Web represents an opportunity to think about editorial and production from outside the shrink-wrapped Desktop Publishing paradigm.
  • Is the Web made of Real XML? At this point some predictable objections can be heard: wait a moment, the Web isn’t really made out of XML; the HTML that makes up most of the Web is at best the bastard child of SGML, and it is far too flaky/unstructured/underpowered to be taken seriously. We counter by arguing that although HTML on the Web exists in a staggering array of different incarnations, and that the majority of it is indeed an unstructured mess, this does not undermine the general principle that basic, ubiquitous Web technologies can make a solid platform for content management, editorial process, and production workflow.
  • With the advent of a published XML standard in the late 1990s came the W3C’s adoption of XHTML: the realization of the Web’s native content markup as a proper XML document type. Today, its acceptance is almost ubiquitous, even while the majority of actual content out there may not be strictly conforming. The more important point is that most contemporary Web software, from browsers to authoring tools to content management systems (from blogs to enterprise systems), are capable of working with clean, valid XHTML. Or, to put the argument the other way around, clean, valid XHTML content plays absolutely seamlessly with everything else on the Web.[7]
  • The objection which follows, then, will be that even if we grant that XHTML is a real XML document type, that it is underpowered for “serious” content because it is almost entirely presentation (formatting) oriented; it lacks any semantic depth. In XHTML, a paragraph is a paragraph is a paragraph, as opposed to a section or an epigraph or a summary.
  • n contrast, more “serious” XML document types like DocBook[8] or DITA-derived schemas[9] are capable of making semantic distinctions about content chunks at a fine level of granularity and with a high degree of specificity.
  • So there is an argument for recalling the 80:20 rule here. If XHTML can provide 80% of the value with just 20% of the investment, then what exactly is the business case for spending the other 80% to achieve that last 20% of value? We suspect the ratio is actually quite a bit steeper than 80:20 for most publishers.
  • Furthermore, just to get technical for a moment, XHTML is extensible in a fairly straightforward way, through the common “class” attribute on each element. Web developers have long leveraged this kind of extensibility in the elaboration of “microformats” for semantic-web applications.[10] There is no reason why publishers shouldn’t think to use XHTML’s simple extensibility in a similar way for their own ends.
  • XHTML, on the other hand, is supported by a vast array of quotidian software, starting with the ubiquitous Web browser. For this very reason, XHTML is in fact employed as a component part of several more specialized document types (ONIX and ePub among them).
  • Why re-invent a general-purpose prose representation when XHTML already does the job?
  • It is worth pausing for a moment to consider the role of XHTML in the ePub standard for ebook content. An ePub file is, anatomically, a simply disguised zip archive. Inside the zip archive are a few standard component parts: there are specialized files that declare metadata about the book, and about the format of the book. And then there is the book’s content, represented in XHTML. An ePub book is a Web page in a wrapper.
  • To sum up the general argument: the Web as it already exists presents incredible value to publishers, as a platform for doing XML content management with existing (and often free) tools, and without having to go blindly into the unknown. At this point, we can offer a few design guidelines: prefer existing and/or ubiquitous tools over specialized ones wherever possible; prefer free software over proprietary systems where possible; prefer simple tools controlled and coordinated by human beings over fully automated (and therefore complex) systems; play to our strengths: use Web software for storing and managing content, use layout software for layout, and keep editors and production people in charge of their own domains.
  • Putting the Pieces Together: A Prototype
  • At the SFU Master of Publishing Program, we have been chipping away at this general line of thinking for a few years. Over that time, Web content management systems have been getting more and more sophisticated, all the while getting more streamlined and easier to use. (NB: if you have a blog, you have a Web content management system.) The Web is beginning to be recognized as a writing and editing environment used by millions of people. And the ways in which content is represented, stored, and exchanged online have become increasingly robust and standardized.
  • The missing piece of the puzzle has been print production: how can we move content from its malleable, fluid form on line into the kind of high-quality print production environments we’ve come to expect after two decades of Desktop Publishing?
  • Anyone who has tried to print Web content knows that the existing methods leave much to be desired (hyphenation and justification, for starters). In the absence of decent tools for this, most publishers quite naturally think of producing the print content first, and then think about how to get material onto the Web for various purposes. So we tend to export from Word, or from Adobe, as something of an afterthought.
  • While this sort of works, it isn’t elegant, and it completely ignores the considerable advantages of Web-based content management.
  • Content managed online is stored in one central location, accessible simultaneously to everyone in your firm, available anywhere you have an Internet connection, and usually exists in a much more fluid format than Word files. If only we could manage the editorial flow online, and then go to print formats at the end, instead of the other way around. At SFU, we made several attempts to make this work by way of the supposed “XML import” capabilities of various Desktop Publishing tools, without much success.[12]
  • In the winter of 2009, Adobe solved this part of the problem for us with the introduction of its Creative Suite 4. What CS4 offers is the option of a complete XML representation of an InDesign document: what Adobe calls IDML (InDesign Markup Language).
  • The IDML file format is—like ePub—a simply disguised zip archive that, when unpacked, reveals a cluster of XML files that represent all the different facets of an InDesign document: layout spreads, master pages, defined styles, colours, and of course, the content.
  • IDML is a well thought-out XML standard that achieves two very different goals simultaneously: it preserves all of the information that InDesign needs to do what it does; and it is broken up in a way that makes it possible for mere mortals (or at least our Master of Publishing students) to work with it.
  • Integrating with CS4 for Print Adobe’s IDML language defines elements specific to InDesign; there is nothing in the language that looks remotely like XHTML. So a mechanical transformation step is needed to convert the XHTML content into something InDesign can use. This is not as hard as it might seem.
  • We would take clean XHTML content, transform it to IDML-marked content, and merge that with nicely designed templates in InDesign.
  • The result is an almost push-button publication workflow, which results in a nice, familiar InDesign document that fits straight into the way publishers actually do production.
  • Tracing the steps To begin with, we worked backwards, moving the book content back to clean XHTML.
  • The simplest method for this conversion—and if you want to create Web content, this is an excellent route—was to use Adobe’s “Export to Digital Editions” option, which creates an ePub file.
  • Recall that ePub is just XHTML in a wrapper, so within the ePub file was a relatively clean XHTML document. It was somewhat cleaner (that is, the XHTML tagging was simpler and less cluttered) than InDesign’s other Web-oriented exports, possibly because Digital Editions is a well understood target, compared with somebody’s website.
  • In order to achieve our target of clean XHTML, we needed to do some editing; the XHTML produced by InDesign’s “Digital Editions” export was presentation-oriented. For instance, bulleted list items were tagged as paragraphs, with a class attribute identifying them as list items. Using the search-and-replace function, we converted such structures to proper XHTML list and list-item elements. Our guiding principle was to make the XHTML as straightforward as possible, not dependent on any particular software to interpret it.
  • We broke the book’s content into individual chapter files; each chapter could then carry its own basic metadata, and the pages conveniently fit our Web content management system (which is actually just a wiki). We assembled a dynamically generated table of contents for the 12 chapters, and created a cover page. Essentially, the book was entirely Web-based at this point.
  • When the book chapters are viewed online, they are formatted via a CSS2 stylesheet that defines a main column for content as well as dedicating screen real estate for navigational elements. We then created a second template to render the content for exporting; this was essentially a bare-bones version of the book with no navigation and minimal styling. Pages (or even the entire book) can be exported (via the “Save As...” function in a Web browser) for use in either print production or ebook conversion. At this point, we required no skills beyond those of any decent Web designer.
  • What this represented to us in concrete terms was the ability to take Web-based content and move it into InDesign in a straightforward way, thus bridging Web and print production environments using existing tools and skillsets, with a little added help from free software.
  • Both XHTML and IDML are composed of straightforward, well-documented structures, and so transformation from one to the other is, as they say, “trivial.” We chose to use XSLT (Extensible Stylesheet Language Transforms) to do the work. XSLT is part of the overall XML specification, and thus is very well supported in a wide variety of tools. Our prototype used a scripting engine called xsltproc, a nearly ubiquitous piece of software that we found already installed as part of Mac OS X (contemporary Linux distributions also have this as a standard tool), though any XSLT processor would work.
  • In other words, we don’t need to buy InCopy, because we just replaced it with the Web. Our wiki is now plugged directly into our InDesign layout. It even automatically updates the InDesign document when the content changes. Credit is due at this point to Adobe: this integration is possible because of the open file format in the Creative Suite 4.
  • We wrote an XSLT transformation script[18] that converted the XHTML content from the Web into an InCopy ICML file. The script itself is less than 500 lines long, and was written and debugged over a period of about a week by amateurs (again, the people named at the start of this article). The script runs in a couple of seconds, and the resulting .icml file can then be “placed” directly into an InDesign template. The ICML file references an InDesign stylesheet, so the template file can be set up with a house-styled layout, master pages, and stylesheet definitions for paragraphs and character ranges.
  • The result is very simple and easy to use. Our demonstration requires that a production editor run the XSLT transformation script manually, but there is no reason why this couldn’t be built directly into the Web content management system so that exporting the content to print ran the transformation automatically. The resulting file would then be “placed” in InDesign and proofed.
  • It should be noted that the Book Publishing 1 proof-of-concept was artificially complex; we began with a book laid out in InDesign and ended up with a look-alike book laid out in InDesign. But next time—for instance, when we publish Book Publishing 2—we can begin the process with the content on the Web, and keep it there throughout the editorial process. The book’s content could potentially be written and edited entirely online, as Web content, and then automatically poured into an InDesign template at proof time. “Just in time,” as they say. This represents an entirely new way of thinking of book production. With a Web-first orientation, it makes little sense to think of the book as “in print” or “out of print”—the book is simply available, in the first place online; in the second place in derivative digital formats; and third, but really not much more difficult, in print-ready format, via the usual InDesign CS print production system publishers are already familiar with.
  • Creating Ebook Files Creating electronic versions from XHTML source is vastly simpler than trying to generate these out of the existing print process. The ePub version is extremely easy to generate; so is online marketing copy or excerpts for the Web, since the content begins life Web-native.
  • Since an ePub file is essentially XHTML content in a special wrapper, all that is required is that we properly “wrap” our XHTML content. Ideally, the content in an ePub file is broken into chapters (as ours was) and a table of contents file is generated in order to allow easy navigation within an ebook reader. We used Julian Smart’s free tool eCub[19] to simply and automatically generate the ePub wrapper and the table of contents. The only custom development we did was to create a CSS stylesheet for the ebook so that headings and paragraph indents looked the way we wanted. Starting with XHTML content, creating ePub is almost too easy.
  • today, we are able to put the process together using nothing but standard, relatively ubiquitous Web tools: the Web itself as an editing and content management environment, standard Web scripting tools for the conversion process, and the well-documented IDML file format to integrate the layout tool.
  • Our project demonstrates that Web technologies are indeed good enough to use in an XML-oriented workflow; more specialized and expensive options are not necessarily required. For massive-scale enterprise publishing, this approach may not offer enough flexibility, and the challenge of adding and extracting extra semantic richness may prove more trouble than it's worth.
  • But for smaller firms who are looking at the straightforward benefits of XML-based processes—single source publishing, online content and workflow management, open and accessible archive formats, greater online discoverability—here is a way forward.
  • Rather than a public-facing website, our system relies on the Web as a content management platform—of course a public face could easily be added.
  • The final piece of our puzzle, the ability to integrate print production, was made possible by Adobe's release of InDesign with an open XML file format. Since the Web's XHTML is also XML, is can be easily and confidently transformed to the InDesign format.
  • Such a workflow—beginning with the Web and exporting to print—is surely more in line with the way we will do business in the 21st century, where the Web is the default platform for reaching audiences, developing content, and putting the pieces together. It is time, we suggest, for publishers to re-orient their operations and start with the Web.
  • Using the Web as a Production Platform
  •  
    I was looking for an answer to a problem Marbux had presented, and found this interesting article.  The issue was that of the upcoming conversion of the Note Case Pro (NCP) layout engine to the WebKit layout engine, and what to do about the NCP document format. My initial reaction was to encode the legacy NCP document format in XML, and run an XSLT to a universal pivot format like TEI-XML.  From there, the TEI-XML community would provide all the XSLT transformation routines for conversion to ODF, OOXML, XHTML, ePUB and HTML/CSS. Researching the problems one might encounter with this approach, I found this article.  Fascinating stuff. My take away is that TEI-XML would not be as effective a "universal pivot point" as XHTML.  Or perhaps, if NCP really wants to get aggressive; IDML - InDesign Markup Language. The important point though is that XHTML is a browser specific version of XML, and compatible with the Web Kit layout engine Miro wants to move NCP to. The concept of encoding an existing application-specific format in XML has been around since 1998, when XML was first introduced as a W3C standard, a "structured" subset of SGML. (HTML is also a subset of SGML). The multiplatform StarOffice productivity suite became "OpenOffice" when Sun purchased the company in 1998, and open sourced the code base. The OpenOffice developer team came out with a XML encoding of their existing document formats in 2000. The application specific encoding became an OASIS document format standard proposal in 2002 - also known as ODF. Microsoft followed OpenOffice with a XML encoding of their application-specific binary document formats, known as OOXML. Encoding the existing NCP format in XML, specifically targeting XHTML as a "universal pivot point", would put the NCP Outliner in the Web editor category, without breaking backwards compatibility. The trick is in the XSLT conversion process. But I think that is something much easier to handle then trying to
  •  
    I was looking for an answer to a problem Marbux had presented, and found this interesting article.  The issue was that of the upcoming conversion of the Note Case Pro (NCP) layout engine to the WebKit layout engine, and what to do about the NCP document format. My initial reaction was to encode the legacy NCP document format in XML, and run an XSLT to a universal pivot format like TEI-XML.  From there, the TEI-XML community would provide all the XSLT transformation routines for conversion to ODF, OOXML, XHTML, ePUB and HTML/CSS. Researching the problems one might encounter with this approach, I found this article.  Fascinating stuff. My take away is that TEI-XML would not be as effective a "universal pivot point" as XHTML.  Or perhaps, if NCP really wants to get aggressive; IDML - InDesign Markup Language. The important point though is that XHTML is a browser specific version of XML, and compatible with the Web Kit layout engine Miro wants to move NCP to. The concept of encoding an existing application-specific format in XML has been around since 1998, when XML was first introduced as a W3C standard, a "structured" subset of SGML. (HTML is also a subset of SGML). The multiplatform StarOffice productivity suite became "OpenOffice" when Sun purchased the company in 1998, and open sourced the code base. The OpenOffice developer team came out with a XML encoding of their existing document formats in 2000. The application specific encoding became an OASIS document format standard proposal in 2002 - also known as ODF. Microsoft followed OpenOffice with a XML encoding of their application-specific binary document formats, known as OOXML. Encoding the existing NCP format in XML, specifically targeting XHTML as a "universal pivot point", would put the NCP Outliner in the Web editor category, without breaking backwards compatibility. The trick is in the XSLT conversion process. But I think that is something much easier to handle then trying to
Gary Edwards

Introduction to OpenCalais | OpenCalais - 0 views

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    "The free OpenCalais service and open API is the fastest way to tag the people, places, facts and events in your content.  It can help you improve your SEO, increase your reader engagement, create search-engine-friendly 'topic hubs' and streamline content operations - saving you time and money. OpenCalais is free to use in both commercial and non-commercial settings, but can only be used on public content (don't run your confidential or competitive company information through it!). OpenCalais does not keep a copy of your content, but it does keep a copy of the metadata it extracts there from. To repeat, OpenCalais is not a private service, and there is no secure, enterprise version that you can buy to operate behind a firewall. It is your responsibility to police the content that you submit, so make sure you are comfortable with our Terms of Service (TOS) before you jump in. You can process up to 50,000 documents per day (blog posts, news stories, Web pages, etc.) free of charge.  If you need to process more than that - say you are an aggregator or a media monitoring service - then see this page to learn about Calais Professional. We offer a very affordable license. OpenCalais' early adopters include CBS Interactive / CNET, Huffington Post, Slate, Al Jazeera, The New Republic, The White House and more. Already more than 30,000 developers have signed up, and more than 50 publishers and 75 entrepreneurs are using the free service to help build their businesses. You can read about the pioneering work of these publishers, entrepreneurs and developers here. To get started, scroll to the bottom section of this page. To build OpenCalais into an existing site or publishing platform (CMS), you will need to work with your developers.  Why OpenCalais Matters The reason OpenCalais - and so-called "Web 3.0" in general (concepts like the Semantic Web, Linked Data, etc.) - are important is that these technologies make it easy to automatically conne
Gonzalo San Gil, PhD.

APIs, not apps: What the future will be like when everyone can code | Opensource.com - 1 views

  •  
    Navigating a world that that demands APIs, not apps "... Despite this hype, I do think that coding will become a more widespread and routine skill in the years to come. Programmable technology will continue to pervade more parts of our life, computers will continue to become more accessible to a wider population, and the world will continue to become more complex. Understanding coding (and debugging) will naturally go with it. ..."
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    Navigating a world that that demands APIs, not apps "... Despite this hype, I do think that coding will become a more widespread and routine skill in the years to come. Programmable technology will continue to pervade more parts of our life, computers will continue to become more accessible to a wider population, and the world will continue to become more complex. Understanding coding (and debugging) will naturally go with it. ..."
Gonzalo San Gil, PhD.

Studies on file sharing - La Quadrature du Net - 0 views

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    "Contents 1 Studies 1.1 Evaluation of the effects of the HADOPI law 1.1.1 University of Delaware and Université de Rennes - 2014 - Graduated Response Policy and the Behavior of Digital Pirates: Evidence from the French Three-Strike (Hadopi) Law 1.1.2 M@rsouin - 2010 - Evaluation of the effects of the HADOPI law (FR) 1.2 People who share files are people who spend the more for culture 1.2.1 Munich School of Management and Copenhagen Business School - Piracy and Movie Revenues: Evidence from Megaupload 1.2.2 The American Assembly (Collumbia University) - Copy Culture in the USA and Germany 1.2.3 GFK (Society for Consumer Research) - Disappointed commissioner suppresses study showing pirates are cinema's best consumers 1.2.4 HADOPI - 2011 - January 2011 study on online cultural practices (FR) 1.2.5 University of Amsterdam - 2010 - Economic and cultural effects of unlawful file sharing 1.2.6 BBC - 2009 - "Pirates" spend more on music (FR) 1.2.7 IPSOS Germany - 2009 - Filesharers are better "consumers" of culture (FR) 1.2.8 Frank N. Magid Associates, Inc. - 2009 - P2P / Best consumers for Hollywood (EN) 1.2.9 Business School of Norway - 2009 - Those who share music spend ten times more money on music (NO) 1.2.10 Annelies Huygen, et al. (Dutch government investigation) - 2009 - Ups and downs - Economische en culturele gevolgen van file sharing voor muziek, film en games 1.2.11 M@rsouin - 2008 - P2P / buy more DVDs (FR) 1.2.12 Canadian Department of Industry - 2007 - P2P / achètent plus de musique (FR) 1.2.13 Felix Oberholzer-Gee (above) and Koleman Strumpf - 2004 -File sharing may boost CD sales 1.3 Economical effects of filesharing 1.3.1 University of Kansas School of Business - Using Markets to Measure the Impact of File Sharing o
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    "Contents 1 Studies 1.1 Evaluation of the effects of the HADOPI law 1.1.1 University of Delaware and Université de Rennes - 2014 - Graduated Response Policy and the Behavior of Digital Pirates: Evidence from the French Three-Strike (Hadopi) Law 1.1.2 M@rsouin - 2010 - Evaluation of the effects of the HADOPI law (FR) 1.2 People who share files are people who spend the more for culture 1.2.1 Munich School of Management and Copenhagen Business School - Piracy and Movie Revenues: Evidence from Megaupload 1.2.2 The American Assembly (Collumbia University) - Copy Culture in the USA and Germany 1.2.3 GFK (Society for Consumer Research) - Disappointed commissioner suppresses study showing pirates are cinema's best consumers 1.2.4 HADOPI - 2011 - January 2011 study on online cultural practices (FR) 1.2.5 University of Amsterdam - 2010 - Economic and cultural effects of unlawful file sharing 1.2.6 BBC - 2009 - "Pirates" spend more on music (FR) 1.2.7 IPSOS Germany - 2009 - Filesharers are better "consumers" of culture (FR) 1.2.8 Frank N. Magid Associates, Inc. - 2009 - P2P / Best consumers for Hollywood (EN) 1.2.9 Business School of Norway - 2009 - Those who share music spend ten times more money on music (NO) 1.2.10 Annelies Huygen, et al. (Dutch government investigation) - 2009 - Ups and downs - Economische en culturele gevolgen van file sharing voor muziek, film en games 1.2.11 M@rsouin - 2008 - P2P / buy more DVDs (FR) 1.2.12 Canadian Department of Industry - 2007 - P2P / achètent plus de musique (FR) 1.2.13 Felix Oberholzer-Gee (above) and Koleman Strumpf - 2004 -File sharing may boost CD sales 1.3 Economical effects of filesharing 1.3.1 University of Kansas School of Business - Using Markets to Measure the Impact of File Sharing o
Paul Merrell

Smartphone innovation: Where we're going next (Smartphones Unlocked) | Dialed In - CNET Blogs - 0 views

  • With his shaggy, sandy blond hair and a 5-o'clock shadow, Mark Rolston, the creative director for Frog Design, has studied technology for the better part of two decades. As he sees it, smartphones are just about out of evolutionary advances. Sure, form factors and materials might alter as manufacturers grasp for differentiating design, but in terms of innovative leaps, Rolston says, "we're at the end of gross innovation for smartphones." That isn't to say smartphones are dead or obsolete. Just the contrary. As Rolston and other future thinkers who study the mobile space conclude, smartphones will become increasingly impactful in interacting with our surrounding world, but more as one smaller piece of a much large, interconnected puzzle abuzz with data transfer and information. We'll certainly see more crazy camera software and NFC features everywhere, but there's much, much more to look forward to besides.
  • You may have never given two thoughts to the sensors that come on you smartphone. They don't mind. They're still there anyway, computing data on your phone's movement and speed, rotation, and lighting conditions. These under-appreciated components -- the gyroscope, accelerometer, magnetometer, and so forth -- are starting to get more friends in the neighborhood. Samsung, for instance, slipped pressure, temperature, and humidity sniffers into the Galaxy S4. They may not be the sexiest feature in your phone, but in the future, sensors like accelerometers will be able to collect and report much more detailed information.
  • If you've made it here, you'll start seeing a general theme: in the forward-looking smartphone environment of our future, our devices are anything but isolated. Instead, smartphones will come with more components and communications tools to interact more than ever before with people and other devices. We already see some communication with Wi-Fi Direct, Bluetooth, and NFC communications protocols, plus newcomers like the Miracast standard. In short, the kind of innovation we see in the mobile space may have more to do with getting your smartphone to communicate with other computing devices in the ecosystem than it will have with how many megapixels or ultrapixels your camera lens possesses or what kind of leather was used to finish the chassis.
  • ...5 more annotations...
  • An extension of the smartphone as medical device is what Ideo's Blakely terms "appcessories," a set of highly specialized peripheral software that fulfills very targeted needs, stuff that most people wouldn't want their everyday phone.
  • . Let's say you're in a bar or at a conference and you want to meet people, he says. Extremely precise sensors track exactly where you are indoors. Point the phone toward a person in the crowd and her pertinent information pops onto the screen: who she is, what she does, and maybe some backgrou
  • Into the coffee shop of tomorrow walks a techie of tomorrow. He or she is decked out in wearable tech from head to toe -- the Bluetooth earring or ear cuff tucked into a lobe; Google glasses beaming up maps and directions; a smartwatch that takes your vitals, deals with mobile payments, and serves as a console for the most important functions. Then there's the smartphone slipped into the pocket for more complicated tasks or to serve as a "big" screen, and the smart shoes that calculate distance, underfoot conditions, and analyze your gait. Your smartphone is still there, still essential for communicating with your environment, but it becomes only one device in a collection of other, even more personal or convenient gadgets, that solve some of the same sorts of problems in different or complimentary ways.
  • The scenario above isn't all that outlandish, especially given the rise of smartwatches, which still have a ways to go before becoming truly well-rounded devices. Crazy tech that interacts with your body has been in development for some time. To illustrate the point, Frog's Rolston brought a pair of Necomimi Brainwave Cat Ears to our interview. The fuzzy "ears," which have been on sale for about two years, sit atop a headband. A sensor protrudes from the band onto your forehead and a dangling clip closes the circuit when you attach it to your earlobe. The cat ears swivel and twitch in concert with your brain waves, a bizarre and surprisingly giddy sensation. Necomimi's contraption isn't particularly useful or flattering, but its brain-reading sensors underscore the kind of close, personal interaction that can occur when tech "talks." Paired with a smartphone app, what could this contraption share about our brains when we wake or sleep?
  • The point is this: smartphones aren't going anywhere. But instead of a focusing on the world within the phone's screen, the smartphone will be tuned more than ever before to the world around you.
Gary Edwards

Apple and Facebook Flash Forward to Computer Memory of the Future | Enterprise | WIRED - 1 views

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    Great story that is at the center of a new cloud computing platform. I met David Flynn back when he was first demonstrating the Realmsys flash card. Extraordinary stuff. He was using the technology to open a secure Linux computing window on an operating Windows XP system. The card opened up a secure data socket, connecting to any Internet Server or Data Server, and running applications on that data - while running Windows and Windows apps in the background. Incredible mesh of Linux, streaming data, and legacy Windows apps. Everytime I find these tech pieces explaining Fusion-io though, I can't help but think that David Flynn is one of the most decent, kind and truly deserving of success people that I have ever met. excerpt: "Apple is spending mountains of money on a new breed of hardware device from a company called Fusion-io. As a public company, Fusion-io is required to disclose information about customers that account for an usually large portion of its revenue, and with its latest annual report, the Salt Lake City outfit reveals that in 2012, at least 25 percent of its revenue - $89.8 million - came from Apple. That's just one figure, from just one company. But it serves as a sign post, showing you where the modern data center is headed. 'There's now a blurring between the storage world and the memory world. People have been enlightened by Fusion-io.' - Gary Gentry Inside a data center like the one Apple operates in Maiden, North Carolina, you'll find thousands of computer servers. Fusion-io makes a slim card that slots inside these machines, and it's packed with hundreds of gigabytes of flash memory, the same stuff that holds all the software and the data on your smartphone. You can think of this card as a much-needed replacement for the good old-fashioned hard disk that typically sits inside a server. Much like a hard disk, it stores information. But it doesn't have any moving parts, which means it's generally more reliable. It c
Paul Merrell

ISPs take GCHQ to court in UK over mass surveillance | World news | theguardian.com - 0 views

  • Internet service providers from around the world are lodging formal complaints against the UK government's monitoring service, GCHQ, alleging that it uses "malicious software" to break into their networks.The claims from seven organisations based in six countries – the UK, Netherlands, US, South Korea, Germany and Zimbabwe – will add to international pressure on the British government following Edward Snowden's revelations about mass surveillance of the internet by UK and US intelligence agencies.The claims are being filed with the investigatory powers tribunal (IPT), the court in London that assesses complaints about the agencies' activities and misuse of surveillance by government organisations. Most of its hearings are held at least partially in secret.
  • The IPT is already considering a number of related submissions. Later this month it will investigate complaints by human rights groups about the way social media sites have been targeted by GCHQ.The government has defended the security services, pointing out that online searches are often routed overseas and those deemed "external communications" can be monitored without the need for an individual warrant. Critics say that such a legal interpretation sidesteps the need for traditional intercept safeguards.The latest claim is against both GCHQ, located near Cheltenham, and the Foreign Office. It is based on articles published earlier this year in the German magazine Der Spiegel. That report alleged that GCHQ had carried out an attack, codenamed Operation Socialist, on the Belgian telecoms group, Belgacom, targeting individual employees with "malware (malicious software)".One of the techniques was a "man in the middle" attack, which, according to the documents filed at the IPT, bypasses modern encryption software and "operates by interposing the attacker [GCHQ] between two computers that believe that they are securely communicating with each other. In fact, each is communicating with GCHQ, who collect the communications, as well as relaying them in the hope that the interference will be undetected."The complaint alleges that the attacks were a breach of the Computer Misuse Act 1990 and an interference with the privacy rights of the employees under the European convention of human rights.
  • The organisations targeted, the submission states, were all "responsible and professional internet service providers". The claimants are: GreenNet Ltd, based in the UK, Riseup Networks in Seattle, Mango Email Service in Zimbabwe, Jinbonet in South Korea, Greenhost in the Netherlands, May First/People Link in New York and the Chaos Computer Club in Hamburg.
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  • Among the programs said to have been operating were Turbine, which automates the injection of data and can infect millions of machines and Warrior Pride, which enables microphones on iPhones and Android devices to be remotely activated.
Paul Merrell

BitTorrent Sync creates private, peer-to-peer Dropbox, no cloud required | Ars Technica - 6 views

  • BitTorrent today released folder syncing software that replicates files across multiple computers using the same peer-to-peer file sharing technology that powers BitTorrent clients. The free BitTorrent Sync application is labeled as being in the alpha stage, so it's not necessarily ready for prime-time, but it is publicly available for download and working as advertised on my home network. BitTorrent, Inc. (yes, there is a legitimate company behind BitTorrent) took to its blog to announce the move from a pre-alpha, private program to the publicly available alpha. Additions since the private alpha include one-way synchronization, one-time secrets for sharing files with a friend or colleague, and the ability to exclude specific files and directories.
  • BitTorrent Sync provides "unlimited, secure file-syncing," the company said. "You can use it for remote backup. Or, you can use it to transfer large folders of personal media between users and machines; editors and collaborators. It’s simple. It’s free. It’s the awesome power of P2P, applied to file-syncing." File transfers are encrypted, with private information never being stored on an external server or in the "cloud." "Since Sync is based on P2P and doesn’t require a pit-stop in the cloud, you can transfer files at the maximum speed supported by your network," BitTorrent said. "BitTorrent Sync is specifically designed to handle large files, so you can sync original, high quality, uncompressed files."
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    Direct P2P encrypted file syncing, no cloud intermediate, which should translate to far more secure exchange of files, with less opportunity for snooping by governments or others, than with cloud-based services. 
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    Hey Paul, is there an open source document management system that I could hook the BitTorrent Sync to?
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    More detail please. What do you want to do with the doc management system? Platform? Server-side or stand-alone? Industrial strength and highly configurable or lightweight and simple? What do you mean by "hook?" Not that I would be able to answer anyway. I really know very little about BitTorrent Sync. In fact, as far as I'd gone before your question was to look at the FAQ. It's linked from . But there's a link to a forum on the same page. Giving the first page a quick scan confirms that this really is alpha-state software. But that would probably be a better place to ask. (Just give them More specific information of what you'd like to do.) There are other projects out there working on getting around the surveillance problem. I2P is one that is a farther along than BitTorrent Sync and quite a bit More flexible. See . (But I haven't used it, so caveat emptor.)
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    There is a great list of PRISM Proof software at http://prism-break.org/. Includes a link to I2P. I want to replace gmail though, but would like another Web based system since I need multi device access. Of course, I need to replace my Google Apps / Google Docs system. That's why I asked about a PRISM Proof sync-share-store DMS. My guess is that there are many users similarly seeking a PRISM Proof platform of communications, content and collaborative computing systems. BusinessIndiser.com is crushed with articles about Google struggling to squirm out from under the NSA PRISM boot-on-the-back-of-their-neck situation. As if blaming the NSA makes up for the dragnet that they consented/allowed/conceded to cover their entire platform. Perhaps we should be watching Germany? There must be tons of startup operations underway, all seeking to replace Google, Amazon, FaceBook, Microsoft, Skype and so many others. It's a great day for Libertyware :)
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    Is the NSA involvement the "Kiss of Death"? Google seems to think so. I'm wondering what the impact would be if ZOHO were to announce a PRISM Proof productivity platform?
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    It is indeed. The E.U. has far more protective digital privacy rights than we do (none). If you're looking for a Dropbox replacement (you should be), for a cloud-based solution take a look at . Unlike Dropbox, all of the encryption/decryption happens on your local machine; Wuala never sees your files unencrypted. Dropbox folks have admitted that there's no technical barrier to them looking at your files. Their encrypt/decrypt operations are done in the cloud (if they actually bother) and they have the key. Which makes it more chilling that the PRISM docs Snowden link make reference to Dropbox being the next cloud service NSA plans to add to their collection. Wuala also is located (as are its servers) in Switzerland, which also has far stronger digital data privacy laws than the U.S. Plus the Swiss are well along the path to E.U. membership; they've ratified many of the E.U. treaties including the treaty on Human Rights, which as I recall is where the digital privacy sections are. I've begun to migrate from Dropbox to Wuala. It seems to be neck and neck with Dropbox on features and supported platforms, with the advantage of a far more secure approach and 5 GB free. But I'd also love to see more approaches akin to IP2 and Bittorrent Sync that provide the means to bypass the cloud. Don't depend on government to ensure digital privacy, route around the government voyeurs. Hmmm ... I wonder if the NSA has the computer capacity to handle millions of people switching to encrypted communication? :-) Thanks for the link to the software list.
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    Re: Google. I don't know if it's the 'kiss of death" but they're definitely going to take a hit, particularly outside the U.S. BTW, I'm remembering from a few years back when the ODF Foundation was still kicking. I did a fair bit of research on the bureaucratic forces in the E.U. that were pushing for the Open Document Exchange Formats. That grew out of a then-ongoing push to get all of the E.U. nations connected via a network that is not dependent on the Internet. It was fairly complete at the time down to the national level and was branching out to the local level and the plan from there was to push connections to business and then to Joe Sixpack and wife. Interop was key, hence ODEF. The E.U. might not be that far away from an ability to sever the digital connections with the U.S. Say a bunch of daisy-chained proxy anonymizers for communications with the U.S. Of course they'd have to block the UK from the network and treat it like it is the U.S. There's a formal signals intelligence service collaboration/integration dating back to WW 2, as I recall, among the U.S., the U.K., Canada, Australia, and New Zealand. Don't remember its name. But it's the same group of nations that were collaborating on Echelon. So the E.U. wouldn't want to let the UK fox inside their new chicken coop. Ah, it's just a fantasy. The U.S. and the E.U. are too interdependent. I have no idea hard it would be for the Zoho folk to come up with desktop/side encryption/decryption. And I don't know whether their servers are located outside the reach of a U.S. court's search warrant. But I think Google is going to have to move in that direction fast if it wants to minimize the damage. Or get way out in front of the hounds chomping at the NSA's ankles and reduce the NSA to compost. OTOH, Google might be a government covert op. for all I know. :-) I'm really enjoying watching the NSA show. Who knows what facet of their Big Brother operation gets revealed next?
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    ZOHO is an Indian company with USA marketing offices. No idea where the server farm is located, but they were not on the NSA list. I've known Raju Vegesna for years, mostly from the old Web 2.0 and Office 2.0 Conferences. Raju runs the USA offices in Santa Clara. I'll try to catch up with him on Thursday. How he could miss this once in a lifetime moment to clean out Google, Microsoft and SalesForce.com is something I'd like to find out about. Thanks for the Wuala tip. You sent me that years ago, when i was working on research and design for the SurDocs project. Incredible that all our notes, research, designs and correspondence was left to rot in Google Wave! Too too funny. I recall telling Alex from SurDocs that he had to use a USA host, like Amazon, that could be trusted by USA customers to keep their docs safe and secure. Now look what i've done! I've tossed his entire company information set into the laps of the NSA and their cabal of connected corporatists :)
Paul Merrell

Theresa May warns Yahoo that its move to Dublin is a security worry | Technology | The Guardian - 0 views

  • Theresa May summoned the internet giant Yahoo for an urgent meeting on Thursday to raise security concerns after the company announced plans to move to Dublin where it is beyond the reach of Britain's surveillance laws.By making the Irish capital rather than London the centre of its European, Middle East and Africa operations, Yahoo cannot be forced to hand over information demanded by Scotland Yard and the intelligence agencies through "warrants" issued under Britain's controversial anti-terror laws.Yahoo has had longstanding concerns about securing the privacy of its hundreds of millions of users – anxieties that have been heightened in recent months by revelations from the whistleblower Edward Snowden.
  • In February, the Guardian revealed that Britain's eavesdropping centre GCHQ intercepted and stored the images of millions of people using Yahoo webcams, regardless of whether they were suspects. The data included a large quantity of sexually explicit pictures.The company said this represented "a whole new level of violation of our users' privacy".The home secretary called the meeting with Yahoo to express the fears of Britain's counter-terrorism investigators. They can force companies based in the UK to provide information on their servers by seeking warrants under the Regulation of Investigatory Powers Act, 2000 (Ripa).
  • the Guardian has been told that Charles Farr, the head of the office for security and counter-terrorism (OSCT) within the Home Office, has been pressing May to talk to Yahoo because of anxiety in Scotland Yard's counter-terrorism command about the effect the move to Dublin could have on their inquiries.Farr, a former senior intelligence officer, coordinates the work of Scotland Yard and the security service MI5, to prevent terrorist attacks in the UK."There are concerns in the Home Office about how Ripa will apply to Yahoo once it has moved its headquarters to Dublin," said a Whitehall source. "The home secretary asked to see officials from Yahoo because in Dublin they don't have equivalent laws to Ripa. This could particularly affect investigations led by Scotland Yard and the national crime agency. They regard this as a very serious issue."
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  • The move to make Dublin the centre of its headquarters for Europe, the Middle East and Africa (EMEA) was announced last month and will take effect from Friday.In a statement at the time, Yahoo said Dublin was a natural home for the company and that it would be incorporated into Irish laws.The firm insisted the move was driven by "business needs … we believe it is in the best interest of our users. Dublin is already the European home to many of the world's leading global technology brands."However, the firm has been horrified by some of the surveillance programmes revealed by Snowden and is understood to be relieved that it will be beyond the immediate reach of UK surveillance laws.
  • Following the Guardian's disclosures about snooping on Yahoo webcams, the company said it was "committed to preserving our users trust and security and continue our efforts to expand encryption across all of our services." It said GCHQ's activity was "completely unacceptable..we strongly call on the world's governments to reform surveillance law."Explaining the move to Dublin, the company said: "The principal change is that Yahoo EMEA, as the new provider of services to our European users, will replace Yahoo UK Ltd as the data controller responsible for handling your personal information. Yahoo EMEA will be responsible for complying with Irish privacy and data protection laws, which are based on the European data protection directive."Emma Carr, deputy director of Big Brother Watch, said: "It should not come as a surprise if companies concerned about maintaining their users' trust to hold their information start to move to countries with more rigorous oversight processes, particularly where courts oversee requests for information." Surveillance laws have a direct impact on our economy and Yahoo's decision should be ring an alarm in Parliament that ignoring the serious questions about surveillance that are being debated around the world will only harm Britain's digital economy."
  • From Friday, investigators may have to seek information by using a more drawn out process of approaching Yahoo through a Mutual Legal Assistance Treaty between Ireland and the UK.
Gary Edwards

Readium at the London Book Fair 2014: Open Source for an Open Publishing Ecosystem: Readium.org Turns One - 0 views

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    excerpt/intro: Last month marked the one-year anniversary of the formation of the Readium Foundation (Readium.org), an independent nonprofit launched in March 2013 with the objective of developing commercial-grade open source publishing technology software. The overall goal of Readium.org is to accelerate adoption of ePub 3, HTML5, and the Open Web Platform by the digital publishing industry to help realize the full potential of open-standards-based interoperability. More specifically, the aim is to raise the bar for ePub 3 support across the industry so that ePub maintains its position as the standard distribution format for e-books and expands its reach to include other types of digital publications. In its first year, the Readium consortium added 15 organizations to its membership, including Adobe, Google, IBM, Ingram, KERIS (S. Korea Education Ministry), and the New York Public Library. The membership now boasts publishers, retailers, distributors and technology companies from around the world, including organizations based in France, Germany, Norway, U.S., Canada, China, Korea, and Japan. In addition, in February 2014 the first Readium.org board was elected by the membership and the first three projects being developed by members and other contributors are all nearing "1.0" status. The first project, Readium SDK, is a rendering "engine" enabling native apps to support ePub 3. Readium SDK is available on four platforms-Android, iOS, OS/X, and Windows- and the first product incorporating Readium SDK (by ACCESS Japan) was announced last October. Readium SDK is designed to be DRM-agnostic, and vendors Adobe and Sony have publicized plans to integrate their respective DRM solutions with Readium SDK. A second effort, Readium JS, is a pure JavaScript ePub 3 implementation, with configurations now available for cloud based deployment of ePub files, as well as Readium for Chrome, the successor to the original Readium Chrome extension developed by IDPF as the
  •  
    excerpt/intro: Last month marked the one-year anniversary of the formation of the Readium Foundation (Readium.org), an independent nonprofit launched in March 2013 with the objective of developing commercial-grade open source publishing technology software. The overall goal of Readium.org is to accelerate adoption of ePub 3, HTML5, and the Open Web Platform by the digital publishing industry to help realize the full potential of open-standards-based interoperability. More specifically, the aim is to raise the bar for ePub 3 support across the industry so that ePub maintains its position as the standard distribution format for e-books and expands its reach to include other types of digital publications. In its first year, the Readium consortium added 15 organizations to its membership, including Adobe, Google, IBM, Ingram, KERIS (S. Korea Education Ministry), and the New York Public Library. The membership now boasts publishers, retailers, distributors and technology companies from around the world, including organizations based in France, Germany, Norway, U.S., Canada, China, Korea, and Japan. In addition, in February 2014 the first Readium.org board was elected by the membership and the first three projects being developed by members and other contributors are all nearing "1.0" status. The first project, Readium SDK, is a rendering "engine" enabling native apps to support ePub 3. Readium SDK is available on four platforms-Android, iOS, OS/X, and Windows- and the first product incorporating Readium SDK (by ACCESS Japan) was announced last October. Readium SDK is designed to be DRM-agnostic, and vendors Adobe and Sony have publicized plans to integrate their respective DRM solutions with Readium SDK. A second effort, Readium JS, is a pure JavaScript ePub 3 implementation, with configurations now available for cloud based deployment of ePub files, as well as Readium for Chrome, the successor to the original Readium Chrome extension developed by IDPF as the
Gary Edwards

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

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

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

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

Citizen Scientist 2.0 - 4 views

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    What does the future of science look like? About a year ago, I was asked this question. My response then was: Transdisciplinary collaboration. Researchers from a variety of domains-biology, philosophy, psychology, neuroscience, economics, law-all coming together, using inputs from each specialized area to generate the best comprehensive solutions to society's more persistent problems. Indeed, it appears as if I was on the right track, as more and more academic research departments, as well as industries, are seeing the value in this type of partnership. Now let's take this a step further. Not only do I think we will be relying on inputs from researchers and experts from multiple domains to solve scientific problems, but I see society itself getting involved on a much more significant level as well. And I don't just mean science awareness. I'm talking about actually participating in the research itself. Essentially, I see a huge boom in the future for Citizen Science.
Paul Merrell

Reset The Net - Privacy Pack - 1 views

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

Organize a Giving Guide Giveaway - Free Software Foundation - December 1, 2014 - 0 views

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    "by Free Software Foundation - Published on Nov 17, 2014 04:18 PM Organize an event to help people choose electronics gifts that actually give more than they take. In the flurry of holiday advertising that happens at the end of the year, many people are swept into buying freedom-denying and DRM-laden gifts that take more than they give. Each holiday season the FSF releases a Giving Guide to make it easy for you to choose tech gifts that respect your rights as a computer user and avoid those that don't. We'll be launching 2014's guide on Black Friday (November 28th), full of gifts that are fun and free, made by companies that share your values. It will be similar to 2013's Giving Guide, but more extensive and spruced up with a new design. It'll even have discounts on some of our favorite items, and translations into multiple languages."
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    "by Free Software Foundation - Published on Nov 17, 2014 04:18 PM Organize an event to help people choose electronics gifts that actually give more than they take. In the flurry of holiday advertising that happens at the end of the year, many people are swept into buying freedom-denying and DRM-laden gifts that take more than they give. Each holiday season the FSF releases a Giving Guide to make it easy for you to choose tech gifts that respect your rights as a computer user and avoid those that don't. We'll be launching 2014's guide on Black Friday (November 28th), full of gifts that are fun and free, made by companies that share your values. It will be similar to 2013's Giving Guide, but more extensive and spruced up with a new design. It'll even have discounts on some of our favorite items, and translations into multiple languages."
Paul Merrell

Cy Vance's Proposal to Backdoor Encrypted Devices Is Riddled With Vulnerabilities | Just Security - 0 views

  • Less than a week after the attacks in Paris — while the public and policymakers were still reeling, and the investigation had barely gotten off the ground — Cy Vance, Manhattan’s District Attorney, released a policy paper calling for legislation requiring companies to provide the government with backdoor access to their smartphones and other mobile devices. This is the first concrete proposal of this type since September 2014, when FBI Director James Comey reignited the “Crypto Wars” in response to Apple’s and Google’s decisions to use default encryption on their smartphones. Though Comey seized on Apple’s and Google’s decisions to encrypt their devices by default, his concerns are primarily related to end-to-end encryption, which protects communications that are in transit. Vance’s proposal, on the other hand, is only concerned with device encryption, which protects data stored on phones. It is still unclear whether encryption played any role in the Paris attacks, though we do know that the attackers were using unencrypted SMS text messages on the night of the attack, and that some of them were even known to intelligence agencies and had previously been under surveillance. But regardless of whether encryption was used at some point during the planning of the attacks, as I lay out below, prohibiting companies from selling encrypted devices would not prevent criminals or terrorists from being able to access unbreakable encryption. Vance’s primary complaint is that Apple’s and Google’s decisions to provide their customers with more secure devices through encryption interferes with criminal investigations. He claims encryption prevents law enforcement from accessing stored data like iMessages, photos and videos, Internet search histories, and third party app data. He makes several arguments to justify his proposal to build backdoors into encrypted smartphones, but none of them hold water.
  • Before addressing the major privacy, security, and implementation concerns that his proposal raises, it is worth noting that while an increase in use of fully encrypted devices could interfere with some law enforcement investigations, it will help prevent far more crimes — especially smartphone theft, and the consequent potential for identity theft. According to Consumer Reports, in 2014 there were more than two million victims of smartphone theft, and nearly two-thirds of all smartphone users either took no steps to secure their phones or their data or failed to implement passcode access for their phones. Default encryption could reduce instances of theft because perpetrators would no longer be able to break into the phone to steal the data.
  • Vance argues that creating a weakness in encryption to allow law enforcement to access data stored on devices does not raise serious concerns for security and privacy, since in order to exploit the vulnerability one would need access to the actual device. He considers this an acceptable risk, claiming it would not be the same as creating a widespread vulnerability in encryption protecting communications in transit (like emails), and that it would be cheap and easy for companies to implement. But Vance seems to be underestimating the risks involved with his plan. It is increasingly important that smartphones and other devices are protected by the strongest encryption possible. Our devices and the apps on them contain astonishing amounts of personal information, so much that an unprecedented level of harm could be caused if a smartphone or device with an exploitable vulnerability is stolen, not least in the forms of identity fraud and credit card theft. We bank on our phones, and have access to credit card payments with services like Apple Pay. Our contact lists are stored on our phones, including phone numbers, emails, social media accounts, and addresses. Passwords are often stored on people’s phones. And phones and apps are often full of personal details about their lives, from food diaries to logs of favorite places to personal photographs. Symantec conducted a study, where the company spread 50 “lost” phones in public to see what people who picked up the phones would do with them. The company found that 95 percent of those people tried to access the phone, and while nearly 90 percent tried to access private information stored on the phone or in other private accounts such as banking services and email, only 50 percent attempted contacting the owner.
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  • Vance attempts to downplay this serious risk by asserting that anyone can use the “Find My Phone” or Android Device Manager services that allow owners to delete the data on their phones if stolen. However, this does not stand up to scrutiny. These services are effective only when an owner realizes their phone is missing and can take swift action on another computer or device. This delay ensures some period of vulnerability. Encryption, on the other hand, protects everyone immediately and always. Additionally, Vance argues that it is safer to build backdoors into encrypted devices than it is to do so for encrypted communications in transit. It is true that there is a difference in the threats posed by the two types of encryption backdoors that are being debated. However, some manner of widespread vulnerability will inevitably result from a backdoor to encrypted devices. Indeed, the NSA and GCHQ reportedly hacked into a database to obtain cell phone SIM card encryption keys in order defeat the security protecting users’ communications and activities and to conduct surveillance. Clearly, the reality is that the threat of such a breach, whether from a hacker or a nation state actor, is very real. Even if companies go the extra mile and create a different means of access for every phone, such as a separate access key for each phone, significant vulnerabilities will be created. It would still be possible for a malicious actor to gain access to the database containing those keys, which would enable them to defeat the encryption on any smartphone they took possession of. Additionally, the cost of implementation and maintenance of such a complex system could be high.
  • Privacy is another concern that Vance dismisses too easily. Despite Vance’s arguments otherwise, building backdoors into device encryption undermines privacy. Our government does not impose a similar requirement in any other context. Police can enter homes with warrants, but there is no requirement that people record their conversations and interactions just in case they someday become useful in an investigation. The conversations that we once had through disposable letters and in-person conversations now happen over the Internet and on phones. Just because the medium has changed does not mean our right to privacy has.
  • In addition to his weak reasoning for why it would be feasible to create backdoors to encrypted devices without creating undue security risks or harming privacy, Vance makes several flawed policy-based arguments in favor of his proposal. He argues that criminals benefit from devices that are protected by strong encryption. That may be true, but strong encryption is also a critical tool used by billions of average people around the world every day to protect their transactions, communications, and private information. Lawyers, doctors, and journalists rely on encryption to protect their clients, patients, and sources. Government officials, from the President to the directors of the NSA and FBI, and members of Congress, depend on strong encryption for cybersecurity and data security. There are far more innocent Americans who benefit from strong encryption than there are criminals who exploit it. Encryption is also essential to our economy. Device manufacturers could suffer major economic losses if they are prohibited from competing with foreign manufacturers who offer more secure devices. Encryption also protects major companies from corporate and nation-state espionage. As more daily business activities are done on smartphones and other devices, they may now hold highly proprietary or sensitive information. Those devices could be targeted even more than they are now if all that has to be done to access that information is to steal an employee’s smartphone and exploit a vulnerability the manufacturer was required to create.
  • Vance also suggests that the US would be justified in creating such a requirement since other Western nations are contemplating requiring encryption backdoors as well. Regardless of whether other countries are debating similar proposals, we cannot afford a race to the bottom on cybersecurity. Heads of the intelligence community regularly warn that cybersecurity is the top threat to our national security. Strong encryption is our best defense against cyber threats, and following in the footsteps of other countries by weakening that critical tool would do incalculable harm. Furthermore, even if the US or other countries did implement such a proposal, criminals could gain access to devices with strong encryption through the black market. Thus, only innocent people would be negatively affected, and some of those innocent people might even become criminals simply by trying to protect their privacy by securing their data and devices. Finally, Vance argues that David Kaye, UN Special Rapporteur for Freedom of Expression and Opinion, supported the idea that court-ordered decryption doesn’t violate human rights, provided certain criteria are met, in his report on the topic. However, in the context of Vance’s proposal, this seems to conflate the concepts of court-ordered decryption and of government-mandated encryption backdoors. The Kaye report was unequivocal about the importance of encryption for free speech and human rights. The report concluded that:
  • States should promote strong encryption and anonymity. National laws should recognize that individuals are free to protect the privacy of their digital communications by using encryption technology and tools that allow anonymity online. … States should not restrict encryption and anonymity, which facilitate and often enable the rights to freedom of opinion and expression. Blanket prohibitions fail to be necessary and proportionate. States should avoid all measures that weaken the security that individuals may enjoy online, such as backdoors, weak encryption standards and key escrows. Additionally, the group of intelligence experts that was hand-picked by the President to issue a report and recommendations on surveillance and technology, concluded that: [R]egarding encryption, the U.S. Government should: (1) fully support and not undermine efforts to create encryption standards; (2) not in any way subvert, undermine, weaken, or make vulnerable generally available commercial software; and (3) increase the use of encryption and urge US companies to do so, in order to better protect data in transit, at rest, in the cloud, and in other storage.
  • The clear consensus among human rights experts and several high-ranking intelligence experts, including the former directors of the NSA, Office of the Director of National Intelligence, and DHS, is that mandating encryption backdoors is dangerous. Unaddressed Concerns: Preventing Encrypted Devices from Entering the US and the Slippery Slope In addition to the significant faults in Vance’s arguments in favor of his proposal, he fails to address the question of how such a restriction would be effectively implemented. There is no effective mechanism for preventing code from becoming available for download online, even if it is illegal. One critical issue the Vance proposal fails to address is how the government would prevent, or even identify, encrypted smartphones when individuals bring them into the United States. DHS would have to train customs agents to search the contents of every person’s phone in order to identify whether it is encrypted, and then confiscate the phones that are. Legal and policy considerations aside, this kind of policy is, at the very least, impractical. Preventing strong encryption from entering the US is not like preventing guns or drugs from entering the country — encrypted phones aren’t immediately obvious as is contraband. Millions of people use encrypted devices, and tens of millions more devices are shipped to and sold in the US each year.
  • Finally, there is a real concern that if Vance’s proposal were accepted, it would be the first step down a slippery slope. Right now, his proposal only calls for access to smartphones and devices running mobile operating systems. While this policy in and of itself would cover a number of commonplace devices, it may eventually be expanded to cover laptop and desktop computers, as well as communications in transit. The expansion of this kind of policy is even more worrisome when taking into account the speed at which technology evolves and becomes widely adopted. Ten years ago, the iPhone did not even exist. Who is to say what technology will be commonplace in 10 or 20 years that is not even around today. There is a very real question about how far law enforcement will go to gain access to information. Things that once seemed like merely science fiction, such as wearable technology and artificial intelligence that could be implanted in and work with the human nervous system, are now available. If and when there comes a time when our “smart phone” is not really a device at all, but is rather an implant, surely we would not grant law enforcement access to our minds.
  • Policymakers should dismiss Vance’s proposal to prohibit the use of strong encryption to protect our smartphones and devices in order to ensure law enforcement access. Undermining encryption, regardless of whether it is protecting data in transit or at rest, would take us down a dangerous and harmful path. Instead, law enforcement and the intelligence community should be working to alter their skills and tactics in a fast-evolving technological world so that they are not so dependent on information that will increasingly be protected by encryption.
Paul Merrell

Google, ACLU call to delay government hacking rule | TheHill - 0 views

  • A coalition of 26 organizations, including the American Civil Liberties Union (ACLU) and Google, signed a letter Monday asking lawmakers to delay a measure that would expand the government’s hacking authority. The letter asks Senate Majority Leader Mitch McConnellMitch McConnellTrump voices confidence on infrastructure plan GOP leaders to Obama: Leave Iran policy to Trump GOP debates going big on tax reform MORE (R-Ky.) and Minority Leader Harry ReidHarry ReidNevada can’t trust Trump to protect public lands Sanders, Warren face tough decision on Trump Google, ACLU call to delay government hacking rule MORE (D-Nev.), plus House Speaker Paul RyanPaul RyanTrump voices confidence on infrastructure plan GOP leaders to Obama: Leave Iran policy to Trump GOP debates going big on tax reform MORE (R-Wis.), and House Minority Leader Nancy Pelosi (D-Calif.) to further review proposed changes to Rule 41 and delay its implementation until July 1, 2017. ADVERTISEMENTThe Department of Justice’s alterations to the rule would allow law enforcement to use a single warrant to hack multiple devices beyond the jurisdiction that the warrant was issued in. The FBI used such a tactic to apprehend users of the child pornography dark website, Playpen. It took control of the dark website for two weeks and after securing two warrants, installed malware on Playpen users computers to acquire their identities. But the signatories of the letter — which include advocacy groups, companies and trade associations — are raising questions about the effects of the change. 
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    ".. no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized." Fourth Amendment. The changes to Rule 41 ignore the particularity requirement by allowing the government to search computers that are not particularly identified in multiple locations not particularly identifed, in other words, a general warrant that is precisely the reason the particularity requirement was adopted to outlaw.
Paul Merrell

Internet users raise funds to buy lawmakers' browsing histories in protest | TheHill - 0 views

  • House passes bill undoing Obama internet privacy rule House passes bill undoing Obama internet privacy rule TheHill.com Mesmerizing Slow-Motion Lightning Celebrate #NationalPuppyDay with some adorable puppies on Instagram 5 plants to add to your garden this Spring House passes bill undoing Obama internet privacy rule Inform News. Coming Up... Ed Sheeran responds to his 'baby lookalike' margin: 0px; padding: 0px; borde
  • Great news! The House just voted to pass SJR34. We will finally be able to buy the browser history of all the Congresspeople who voted to sell our data and privacy without our consent!” he wrote on the fundraising page.Another activist from Tennessee has raised more than $152,000 from more than 9,800 people.A bill on its way to President Trump’s desk would allow internet service providers (ISPs) to sell users’ data and Web browsing history. It has not taken effect, which means there is no growing history data yet to purchase.A Washington Post reporter also wrote it would be possible to buy the data “in theory, but probably not in reality.”A former enforcement bureau chief at the Federal Communications Commission told the newspaper that most internet service providers would cover up this information, under their privacy policies. If they did sell any individual's personal data in violation of those policies, a state attorney general could take the ISPs to court.
Gonzalo San Gil, PhD.

What's New in 4.0 - Creative Commons - 2 views

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    "Creative Commons worked for more than two years to develop the next generation of CC licenses - the version 4.0 CC license suite. The new licenses are more user-friendly and more internationally robust than ever before. We made dozens of improvements to the licenses. Most will go unnoticed by many CC licensors and licensees, but some of them deserve particular attention. For a much more in-depth rundown of the decisions reflected in 4.0, visit the 4.0 page on the Creative Commons wiki."
Paul Merrell

Data Transfer Pact Between U.S. and Europe Is Ruled Invalid - The New York Times - 0 views

  • Europe’s highest court on Tuesday struck down an international agreement that allowed companies to move digital information like people’s web search histories and social media updates between the European Union and the United States. The decision left the international operations of companies like Google and Facebook in a sort of legal limbo even as their services continued working as usual.The ruling, by the European Court of Justice, said the so-called safe harbor agreement was flawed because it allowed American government authorities to gain routine access to Europeans’ online information. The court said leaks from Edward J. Snowden, the former contractor for the National Security Agency, made it clear that American intelligence agencies had almost unfettered access to the data, infringing on Europeans’ rights to privacy. The court said data protection regulators in each of the European Union’s 28 countries should have oversight over how companies collect and use online information of their countries’ citizens. European countries have widely varying stances towards privacy.
  • Data protection advocates hailed the ruling. Industry executives and trade groups, though, said the decision left a huge amount of uncertainty for big companies, many of which rely on the easy flow of data for lucrative businesses like online advertising. They called on the European Commission to complete a new safe harbor agreement with the United States, a deal that has been negotiated for more than two years and could limit the fallout from the court’s decision.
  • Some European officials and many of the big technology companies, including Facebook and Microsoft, tried to play down the impact of the ruling. The companies kept their services running, saying that other agreements with the European Union should provide an adequate legal foundation.But those other agreements are now expected to be examined and questioned by some of Europe’s national privacy watchdogs. The potential inquiries could make it hard for companies to transfer Europeans’ information overseas under the current data arrangements. And the ruling appeared to leave smaller companies with fewer legal resources vulnerable to potential privacy violations.
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  • “We can’t assume that anything is now safe,” Brian Hengesbaugh, a privacy lawyer with Baker & McKenzie in Chicago who helped to negotiate the original safe harbor agreement. “The ruling is so sweepingly broad that any mechanism used to transfer data from Europe could be under threat.”At issue is the sort of personal data that people create when they post something on Facebook or other social media; when they do web searches on Google; or when they order products or buy movies from Amazon or Apple. Such data is hugely valuable to companies, which use it in a broad range of ways, including tailoring advertisements to individuals and promoting products or services based on users’ online activities.The data-transfer ruling does not apply solely to tech companies. It also affects any organization with international operations, such as when a company has employees in more than one region and needs to transfer payroll information or allow workers to manage their employee benefits online.
  • But it was unclear how bulletproof those treaties would be under the new ruling, which cannot be appealed and went into effect immediately. Europe’s privacy watchdogs, for example, remain divided over how to police American tech companies.France and Germany, where companies like Facebook and Google have huge numbers of users and have already been subject to other privacy rulings, are among the countries that have sought more aggressive protections for their citizens’ personal data. Britain and Ireland, among others, have been supportive of Safe Harbor, and many large American tech companies have set up overseas headquarters in Ireland.
  • “For those who are willing to take on big companies, this ruling will have empowered them to act,” said Ot van Daalen, a Dutch privacy lawyer at Project Moore, who has been a vocal advocate for stricter data protection rules. The safe harbor agreement has been in place since 2000, enabling American tech companies to compile data generated by their European clients in web searches, social media posts and other online activities.
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    Another take on it from EFF: https://www.eff.org/deeplinks/2015/10/europes-court-justice-nsa-surveilance Expected since the Court's Advocate General released an opinion last week, presaging today's opinion.  Very big bucks involved behind the scenes because removing U.S.-based internet companies from the scene in the E.U. would pave the way for growth of E.U.-based companies.  The way forward for the U.S. companies is even more dicey because of a case now pending in the U.S.  The Second U.S. Circuit Court of Appeals is about to decide a related case in which Microsoft was ordered by the lower court to produce email records stored on a server in Ireland. . Should the Second Circuit uphold the order and the Supreme Court deny review, then under the principles announced today by the Court in the E.U., no U.S.-based company could ever be allowed to have "possession, custody, or control" of the data of E.U. citizens. You can bet that the E.U. case will weigh heavily in the Second Circuit's deliberations.  The E.U. decision is by far and away the largest legal event yet flowing out of the Edward Snowden disclosures, tectonic in scale. Up to now, Congress has succeeded in confining all NSA reforms to apply only to U.S. citizens. But now the large U.S. internet companies, Google, Facebook, Microsoft, Dropbox, etc., face the loss of all Europe as a market. Congress *will* be forced by their lobbying power to extend privacy protections to "non-U.S. persons."  Thank you again, Edward Snowden.
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