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Paul Merrell

AG Barr asks Facebook to postpone encrypted messaging plans - 0 views

  • Attorney General William Barr asks Facebook CEO Mark Zuckerberg to hold off on his plans to encrypt the company’s three messaging services until officials can determine it will not reduce public safety in a letter dated Oct. 4.Barr’s request is backed by officials in the U.K. and Australia. BuzzFeed News first reported the story after obtaining a draft of the open letter on Thursday. The letter, which the DOJ sent to CNBC Thursday, builds on concerns about Facebook’s plans to integrate and encrypt its messaging services across Messenger, Instagram and WhatsApp. A New York Times investigation published Saturday found that encrypted technology helps predators share child pornography online in a way that makes it much harder for law enforcement to track down.
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    The text of the Attorney General's letter to Zuckerberg is here. Note the strong DoJ concern about child sex abusers. Yes, the same DoJ that let serial pederast Jeffrey Epstein off with a 13-month sentence in a county jail, where he was allowed to leave for 12 hours every day. The same DoJ that frames Muslims who lack mental capacity to resist to charge them as "terrorists." My point being that "child abuse" and "terrorists" are not real concerns for our illustrious leaders. It also bears notice that what government officials are after (without saying so) is the ability to intercept and decode messages en masse as they transit the Internet. With snail mail interception, that requires an individualized search warrant signed by a judge based on probable cause to believe that the mail contains evidence of a crime. But these folks want to read everything transmitted. Might one reasonably suspect that they have no respect for our Constitution?
Paul Merrell

Millennials lead the mass Facebook exodus | Daily Mail Online - 0 views

  • In 2017, 67 per cent of the total US population over the age of 12 used FacebookThis has dropped to 62 per cent and 61 per cent in 2018 and 2019, respectively The drop-off has been more pronounced in people aged between 12 and 34Sister app Instagram has seen a boost in users who have dropped FacebookThe findings come from a survey of 1,500 social media users in the US
Paul Merrell

Was Destructive 'Slingshot' Malware Deployed by the Pentagon? | The American Conservative - 0 views

  • Earlier this March, cyber-security firm Kaspersky Labs released information on a newly discovered, highly advanced piece of malware dubbed Slingshot. The malware targeted Latvian-made Internet routers popular in the Middle East, Africa, and Southeast Asia. Kaspersky’s reports reveal that the malware had been active since at least 2012, and speculates that it was government-made, owing to its sophistication and its use of novel techniques rarely seen elsewhere. Those investigating the matter further have drawn the conclusion that Slingshot was developed by the U.S. government, with some reports quoting former officials as connecting it to the Pentagon’s JSOC special forces. For those following the cyber security and malware sphere, this is a huge revelation, putting the U.S. government in the hot seat for deploying cyber attacks that harm a much greater range of innocent users beyond their intended targets. Kaspersky’s own findings note that the code was written in English, using a driver flaw to allow the implanting of various types of spyware. Among those mentioned by Moscow-based Kaspersky was an implant named “GOLLUM,” which notably was mentioned in one of the leaked Edward Snowden documents. Further findings suggest that Slingshot had common code with only two other known pieces of software, both malwares, which were attributed to the NSA and CIA, respectively, by analysts. Though various U.S. agencies are all denying comment, things are clearly pointing uncomfortably in their direction.
Paul Merrell

Comcast asks the FCC to prohibit states from enforcing net neutrality | Ars Technica - 0 views

  • Comcast met with Federal Communications Commission Chairman Ajit Pai's staff this week in an attempt to prevent states from issuing net neutrality rules. As the FCC prepares to gut its net neutrality rules, broadband providers are worried that states might enact their own laws to prevent ISPs from blocking, throttling, or discriminating against online content.
  • Comcast Senior VP Frank Buono and a Comcast attorney met with Pai Chief of Staff Matthew Berry and Senior Counsel Nicholas Degani on Monday, the company said in an ex parte filing that describes the meeting. Comcast urged Pai's staff to reverse the FCC's classification of broadband as a Title II common carrier service, a move that would eliminate the legal authority the FCC uses to enforce net neutrality rules. Pai has said he intends to do just that, so Comcast will likely get its wish on that point. But Comcast also wants the FCC to go further by making a declaration that states cannot impose their own regulations on broadband. The filing said: We also emphasized that the Commission's order in this proceeding should include a clear, affirmative ruling that expressly confirms the primacy of federal law with respect to BIAS [Broadband Internet Access Service] as an interstate information service, and that preempts state and local efforts to regulate BIAS either directly or indirectly.
Paul Merrell

Wikileaks Releases "NightSkies 1.2": Proof CIA Bugs "Factory Fresh" iPhones | Zero Hedge - 0 views

  • The latest leaks from WikiLeaks' Vault 7 is titled “Dark Matter” and claims that the CIA has been bugging “factory fresh” iPhones since at least 2008 through suppliers.
  • And here is the full press release from WikiLeaks: Today, March 23rd 2017, WikiLeaks releases Vault 7 "Dark Matter", which contains documentation for several CIA projects that infect Apple Mac Computer firmware (meaning the infection persists even if the operating system is re-installed) developed by the CIA's Embedded Development Branch (EDB). These documents explain the techniques used by CIA to gain 'persistence' on Apple Mac devices, including Macs and iPhones and demonstrate their use of EFI/UEFI and firmware malware.   Among others, these documents reveal the "Sonic Screwdriver" project which, as explained by the CIA, is a "mechanism for executing code on peripheral devices while a Mac laptop or desktop is booting" allowing an attacker to boot its attack software for example from a USB stick "even when a firmware password is enabled". The CIA's "Sonic Screwdriver" infector is stored on the modified firmware of an Apple Thunderbolt-to-Ethernet adapter.   "DarkSeaSkies" is "an implant that persists in the EFI firmware of an Apple MacBook Air computer" and consists of "DarkMatter", "SeaPea" and "NightSkies", respectively EFI, kernel-space and user-space implants.   Documents on the "Triton" MacOSX malware, its infector "Dark Mallet" and its EFI-persistent version "DerStake" are also included in this release. While the DerStake1.4 manual released today dates to 2013, other Vault 7 documents show that as of 2016 the CIA continues to rely on and update these systems and is working on the production of DerStarke2.0.   Also included in this release is the manual for the CIA's "NightSkies 1.2" a "beacon/loader/implant tool" for the Apple iPhone. Noteworthy is that NightSkies had reached 1.2 by 2008, and is expressly designed to be physically installed onto factory fresh iPhones. i.e the CIA has been infecting the iPhone supply chain of its targets since at least 2008.   While CIA assets are sometimes used to physically infect systems in the custody of a target it is likely that many CIA physical access attacks have infected the targeted organization's supply chain including by interdicting mail orders and other shipments (opening, infecting, and resending) leaving the United States or otherwise.
Paul Merrell

We're Halfway to Encrypting the Entire Web | Electronic Frontier Foundation - 0 views

  • The movement to encrypt the web has reached a milestone. As of earlier this month, approximately half of Internet traffic is now protected by HTTPS. In other words, we are halfway to a web safer from the eavesdropping, content hijacking, cookie stealing, and censorship that HTTPS can protect against. Mozilla recently reported that the average volume of encrypted web traffic on Firefox now surpasses the average unencrypted volume
  • Google Chrome’s figures on HTTPS usage are consistent with that finding, showing that over 50% of of all pages loaded are protected by HTTPS across different operating systems.
  • This milestone is a combination of HTTPS implementation victories: from tech giants and large content providers, from small websites, and from users themselves.
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  • Starting in 2010, EFF members have pushed tech companies to follow crypto best practices. We applauded when Facebook and Twitter implemented HTTPS by default, and when Wikipedia and several other popular sites later followed suit. Google has also put pressure on the tech community by using HTTPS as a signal in search ranking algorithms and, starting this year, showing security warnings in Chrome when users load HTTP sites that request passwords or credit card numbers. EFF’s Encrypt the Web Report also played a big role in tracking and encouraging specific practices. Recently other organizations have followed suit with more sophisticated tracking projects. For example, Secure the News and Pulse track HTTPS progress among news media sites and U.S. government sites, respectively.
  • But securing large, popular websites is only one part of a much bigger battle. Encrypting the entire web requires HTTPS implementation to be accessible to independent, smaller websites. Let’s Encrypt and Certbot have changed the game here, making what was once an expensive, technically demanding process into an easy and affordable task for webmasters across a range of resource and skill levels. Let’s Encrypt is a Certificate Authority (CA) run by the Internet Security Research Group (ISRG) and founded by EFF, Mozilla, and the University of Michigan, with Cisco and Akamai as founding sponsors. As a CA, Let’s Encrypt issues and maintains digital certificates that help web users and their browsers know they’re actually talking to the site they intended to. CAs are crucial to secure, HTTPS-encrypted communication, as these certificates verify the association between an HTTPS site and a cryptographic public key. Through EFF’s Certbot tool, webmasters can get a free certificate from Let’s Encrypt and automatically configure their server to use it. Since we announced that Let’s Encrypt was the web’s largest certificate authority last October, it has exploded from 12 million certs to over 28 million. Most of Let’s Encrypt’s growth has come from giving previously unencrypted sites their first-ever certificates. A large share of these leaps in HTTPS adoption are also thanks to major hosting companies and platforms--like WordPress.com, Squarespace, and dozens of others--integrating Let’s Encrypt and providing HTTPS to their users and customers.
  • Unfortunately, you can only use HTTPS on websites that support it--and about half of all web traffic is still with sites that don’t. However, when sites partially support HTTPS, users can step in with the HTTPS Everywhere browser extension. A collaboration between EFF and the Tor Project, HTTPS Everywhere makes your browser use HTTPS wherever possible. Some websites offer inconsistent support for HTTPS, use unencrypted HTTP as a default, or link from secure HTTPS pages to unencrypted HTTP pages. HTTPS Everywhere fixes these problems by rewriting requests to these sites to HTTPS, automatically activating encryption and HTTPS protection that might otherwise slip through the cracks.
  • Our goal is a universally encrypted web that makes a tool like HTTPS Everywhere redundant. Until then, we have more work to do. Protect your own browsing and websites with HTTPS Everywhere and Certbot, and spread the word to your friends, family, and colleagues to do the same. Together, we can encrypt the entire web.
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    HTTPS connections don't work for you if you don't use them. If you're not using HTTPS Everywhere in your browser, you should be; it's your privacy that is at stake. And every encrypted communication you make adds to the backlog of encrypted data that NSA and other internet voyeurs must process as encrypted traffic; because cracking encrypted messages is computer resource intensive, the voyeurs do not have the resources to crack more than a tiny fraction. HTTPS is a free extension for Firefox, Chrome, and Opera. You can get it here. https://www.eff.org/HTTPS-everywhere
Gonzalo San Gil, PhD.

Data snooping blunders by UK spies, cops led to wrongful arrests-watchdog | Ars Technica UK - 0 views

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    "IP address mistakes particularly troubling; likely to get worse under Snoopers' Charter. Glyn Moody - Sep 9, 2016 1:24 pm UTC "
Gonzalo San Gil, PhD.

Russian Copyright Law Allows Entire News Site To Be Shut Down Over A Single Copied Article | Techdirt - 0 views

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    "from the funny-how-that-works dept We've noted for a long time now that copyright laws are regularly used as a tool for censorship. In Russia, abusing copyright law for censorship and to harass political opponents has become standard. Remember how the Russian government teamed up with Microsoft to use questionable copyright claims to intimidate government critics? And then how the MPAA gleefully got into bed with Russia's media censor to celebrate copyright? Of course, Russia also expanded its ability to use copyright to censor the internet, following pressure from short-sighted US diplomats, demanding that Russia better "respect" copyright laws. "
Gonzalo San Gil, PhD.

Music Downloads Post Their Worst Decline EVER - 0 views

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    "Last month, sources pointed Digital Music News to double-digit declines in music download sales, with drops potentially exceeding 20 percent year-on-year. But actual figures released early this morning show a sharper drop than imagined. According to Nielsen Soundscan first-half figures, music downloads dropped an astounding 23.9%, with total sales landed at 404.9 million."
Gonzalo San Gil, PhD.

conflict situationJoint Declaration on Freedom of Expression and Responses to Conflict situation | Article 19 - 1 views

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    "1. Scope of the Joint Declaration This Joint Declaration addresses systematic or targeted attacks on freedom of expression which are aimed at silencing certain perspectives or voices, whether internationally, nationally or locally, and State responses to such attacks. Such attacks are perpetrated in different contexts, including of international and non-international armed conflicts, terrorist attacks and widespread organised crime. 2. General Principles a) States have a direct responsibility under international human rights law to respect freedom of expression and they are also under a positive obligation to take effective measures to protect freedom of expression against attacks by third parties, including by ensuring accountability for any attacks on those exercising their right to freedom of expression and by raising awareness about the importance of freedom of expression. ..."
Gonzalo San Gil, PhD.

Respect My Net: online platform to report Net Neutrality violations | La Quadrature du Net - 0 views

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    "Internet users should be in charge of their Internet connections. Instead, however, internet access providers undermine this expectation and limit our online behaviour more and more. They do this, for example, by blocking or restricting access to certain kinds of online services, contents and applications. The RespectMyNet platform will allow individuals to report abusive behaviour by internet access providers, allowing us to catalogue and report this abuse. "
Gonzalo San Gil, PhD.

AV-Test Lab tests 16 Linux antivirus products against Windows and Linux malware | Network World - 1 views

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    "st, an independent IT-security institute, is well-known for testing Windows antivirus solutions, and the lab's findings are well respected, but this time AV-Test tested 16 Linux antivirus solutions to discover how well they did against Windows and Linux malware. "
Gonzalo San Gil, PhD.

Some Pirate Sites Have Little Respect For Their Users - TorrentFreak [#! Note] - 0 views

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    " Andy on January 24, 2016 C: 74 Opinion Basic rules of economics dictate that websites need a way to monetize their operations but with pressure in the advertising world increasing, options for pirate sites are more narrow than they were. However, while many still do their best to deliver a decent experience to users, others are letting everyone down."
Gonzalo San Gil, PhD.

Linux Foundation's Deal With the Devil | FOSS Force [# ! Note] - 0 views

    • Gonzalo San Gil, PhD.
       
      # ! Too soon to start blaming the deal. It will be seen what goes on. Community will decide and, in case, perhaps we'll see a 'Fork for Freedom'... # ! Meanwhile, let's wait to see if the deal respects the GPLv3... as Stallman/Moglen commented... http://techrights.org/2015/11/30/redhat-microsoft-patent-agreement-fsf-replies/
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    "Christine Hall Last week when Microsoft and the Linux Foundation separately announced a partnership that would see Redmond issuing a Linux certification called Microsoft Certified Solutions Associate Linux (MCSA), Steven J. Vaughan-Nichols felt the need to add the words "not a typo" to the headline of his coverage on ZDNet."
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    "Christine Hall Last week when Microsoft and the Linux Foundation separately announced a partnership that would see Redmond issuing a Linux certification called Microsoft Certified Solutions Associate Linux (MCSA), Steven J. Vaughan-Nichols felt the need to add the words "not a typo" to the headline of his coverage on ZDNet."
Paul Merrell

European Human Rights Court Deals a Heavy Blow to the Lawfulness of Bulk Surveillance | Just Security - 0 views

  • In a seminal decision updating and consolidating its previous jurisprudence on surveillance, the Grand Chamber of the European Court of Human Rights took a sideways swing at mass surveillance programs last week, reiterating the centrality of “reasonable suspicion” to the authorization process and the need to ensure interception warrants are targeted to an individual or premises. The decision in Zakharov v. Russia — coming on the heels of the European Court of Justice’s strongly-worded condemnation in Schrems of interception systems that provide States with “generalised access” to the content of communications — is another blow to governments across Europe and the United States that continue to argue for the legitimacy and lawfulness of bulk collection programs. It also provoked the ire of the Russian government, prompting an immediate legislative move to give the Russian constitution precedence over Strasbourg judgments. The Grand Chamber’s judgment in Zakharov is especially notable because its subject matter — the Russian SORM system of interception, which includes the installation of equipment on telecommunications networks that subsequently enables the State direct access to the communications transiting through those networks — is similar in many ways to the interception systems currently enjoying public and judicial scrutiny in the United States, France, and the United Kingdom. Zakharov also provides a timely opportunity to compare the differences between UK and Russian law: Namely, Russian law requires prior independent authorization of interception measures, whereas neither the proposed UK law nor the existing legislative framework do.
  • The decision is lengthy and comprises a useful restatement and harmonization of the Court’s approach to standing (which it calls “victim status”) in surveillance cases, which is markedly different from that taken by the US Supreme Court. (Indeed, Judge Dedov’s separate but concurring opinion notes the contrast with Clapper v. Amnesty International.) It also addresses at length issues of supervision and oversight, as well as the role played by notification in ensuring the effectiveness of remedies. (Marko Milanovic discusses many of these issues here.) For the purpose of the ongoing debate around the legitimacy of bulk surveillance regimes under international human rights law, however, three particular conclusions of the Court are critical.
  • The Court took issue with legislation permitting the interception of communications for broad national, military, or economic security purposes (as well as for “ecological security” in the Russian case), absent any indication of the particular circumstances under which an individual’s communications may be intercepted. It said that such broadly worded statutes confer an “almost unlimited degree of discretion in determining which events or acts constitute such a threat and whether that threat is serious enough to justify secret surveillance” (para. 248). Such discretion cannot be unbounded. It can be limited through the requirement for prior judicial authorization of interception measures (para. 249). Non-judicial authorities may also be competent to authorize interception, provided they are sufficiently independent from the executive (para. 258). What is important, the Court said, is that the entity authorizing interception must be “capable of verifying the existence of a reasonable suspicion against the person concerned, in particular, whether there are factual indications for suspecting that person of planning, committing or having committed criminal acts or other acts that may give rise to secret surveillance measures, such as, for example, acts endangering national security” (para. 260). This finding clearly constitutes a significant threshold which a number of existing and pending European surveillance laws would not meet. For example, the existence of individualized reasonable suspicion runs contrary to the premise of signals intelligence programs where communications are intercepted in bulk; by definition, those programs collect information without any consideration of individualized suspicion. Yet the Court was clearly articulating the principle with national security-driven surveillance in mind, and with the knowledge that interception of communications in Russia is conducted by Russian intelligence on behalf of law enforcement agencies.
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  • This element of the Grand Chamber’s decision distinguishes it from prior jurisprudence of the Court, namely the decisions of the Third Section in Weber and Saravia v. Germany (2006) and of the Fourth Section in Liberty and Ors v. United Kingdom (2008). In both cases, the Court considered legislative frameworks which enable bulk interception of communications. (In the German case, the Court used the term “strategic monitoring,” while it referred to “more general programmes of surveillance” in Liberty.) In the latter case, the Fourth Section sought to depart from earlier European Commission of Human Rights — the court of first instance until 1998 — decisions which developed the requirements of the law in the context of surveillance measures targeted at specific individuals or addresses. It took note of the Weber decision which “was itself concerned with generalized ‘strategic monitoring’, rather than the monitoring of individuals” and concluded that there was no “ground to apply different principles concerning the accessibility and clarity of the rules governing the interception of individual communications, on the one hand, and more general programmes of surveillance, on the other” (para. 63). The Court in Liberty made no mention of any need for any prior or reasonable suspicion at all.
  • In Weber, reasonable suspicion was addressed only at the post-interception stage; that is, under the German system, bulk intercepted data could be transmitted from the German Federal Intelligence Service (BND) to law enforcement authorities without any prior suspicion. The Court found that the transmission of personal data without any specific prior suspicion, “in order to allow the institution of criminal proceedings against those being monitored” constituted a fairly serious interference with individuals’ privacy rights that could only be remedied by safeguards and protections limiting the extent to which such data could be used (para. 125). (In the context of that case, the Court found that Germany’s protections and restrictions were sufficient.) When you compare the language from these three cases, it would appear that the Grand Chamber in Zakharov is reasserting the requirement for individualized reasonable suspicion, including in national security cases, with full knowledge of the nature of surveillance considered by the Court in its two recent bulk interception cases.
  • The requirement of reasonable suspicion is bolstered by the Grand Chamber’s subsequent finding in Zakharov that the interception authorization (e.g., the court order or warrant) “must clearly identify a specific person to be placed under surveillance or a single set of premises as the premises in respect of which the authorisation is ordered. Such identification may be made by names, addresses, telephone numbers or other relevant information” (para. 264). In making this finding, it references paragraphs from Liberty describing the broad nature of the bulk interception warrants under British law. In that case, it was this description that led the Court to find the British legislation possessed insufficient clarity on the scope or manner of exercise of the State’s discretion to intercept communications. In one sense, therefore, the Grand Chamber seems to be retroactively annotating the Fourth Section’s Liberty decision so that it might become consistent with its decision in Zakharov. Without this revision, the Court would otherwise appear to depart to some extent — arguably, purposefully — from both Liberty and Weber.
  • Finally, the Grand Chamber took issue with the direct nature of the access enjoyed by Russian intelligence under the SORM system. The Court noted that this contributed to rendering oversight ineffective, despite the existence of a requirement for prior judicial authorization. Absent an obligation to demonstrate such prior authorization to the communications service provider, the likelihood that the system would be abused through “improper action by a dishonest, negligent or overly zealous official” was quite high (para. 270). Accordingly, “the requirement to show an interception authorisation to the communications service provider before obtaining access to a person’s communications is one of the important safeguards against abuse by the law-enforcement authorities” (para. 269). Again, this requirement arguably creates an unconquerable barrier for a number of modern bulk interception systems, which rely on the use of broad warrants to authorize the installation of, for example, fiber optic cable taps that facilitate the interception of all communications that cross those cables. In the United Kingdom, the Independent Reviewer of Terrorism Legislation David Anderson revealed in his essential inquiry into British surveillance in 2015, there are only 20 such warrants in existence at any time. Even if these 20 warrants are served on the relevant communications service providers upon the installation of cable taps, the nature of bulk interception deprives this of any genuine meaning, making the safeguard an empty one. Once a tap is installed for the purposes of bulk interception, the provider is cut out of the equation and can no longer play the role the Court found so crucial in Zakharov.
  • The Zakharov case not only levels a serious blow at bulk, untargeted surveillance regimes, it suggests the Grand Chamber’s intention to actively craft European Court of Human Rights jurisprudence in a manner that curtails such regimes. Any suggestion that the Grand Chamber’s decision was issued in ignorance of the technical capabilities or intentions of States and the continued preference for bulk interception systems should be dispelled; the oral argument in the case took place in September 2014, at a time when the Court had already indicated its intention to accord priority to cases arising out of the Snowden revelations. Indeed, the Court referenced such forthcoming cases in the fact sheet it issued after the Zakharov judgment was released. Any remaining doubt is eradicated through an inspection of the multiple references to the Snowden revelations in the judgment itself. In the main judgment, the Court excerpted text from the Director of the European Union Agency for Human Rights discussing Snowden, and in the separate opinion issued by Judge Dedov, he goes so far as to quote Edward Snowden: “With each court victory, with every change in the law, we demonstrate facts are more convincing than fear. As a society, we rediscover that the value of the right is not in what it hides, but in what it protects.”
  • The full implications of the Zakharov decision remain to be seen. However, it is likely we will not have to wait long to know whether the Grand Chamber intends to see the demise of bulk collection schemes; the three UK cases (Big Brother Watch & Ors v. United Kingdom, Bureau of Investigative Journalism & Alice Ross v. United Kingdom, and 10 Human Rights Organisations v. United Kingdom) pending before the Court have been fast-tracked, indicating the Court’s willingness to continue to confront the compliance of bulk collection schemes with human rights law. It is my hope that the approach in Zakharov hints at the Court’s conviction that bulk collection schemes lie beyond the bounds of permissible State surveillance.
Gonzalo San Gil, PhD.

Richard Stallman and Eben Moglen on the Microsoft-Red Hat Deal | Techrights - 0 views

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    "Summary: Founder of Free software and author of the GPL (respectively) comment on what Microsoft and Red Hat have done regarding patents WE FINALLY GOT some feedback regarding the baffling patent agreement which seemingly affects every user of GNU/Linux. We got this feedback from Stallman and (indirectly) Moglen, two of the Free software world's most prominent individuals, especially when it comes to the GPL (GNU Public Licence/License)."
Paul Merrell

How Edward Snowden Changed Everything | The Nation - 0 views

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

Report: Germany Spied on FBI, US Companies, French Minister - 0 views

  • German public radio station rbb-Inforadio reported Wednesday that the country's foreign intelligence agency spied on the FBI and U.S. arms companies, adding to a growing list of targets among friendly nations the agency allegedly eavesdropped on.The station claimed that Germany's BND also spied on the International Criminal Court in The Hague, the World Health Organization, French Foreign Minister Laurent Fabius and even a German diplomat who headed an EU observer mission to Georgia from 2008 to 2011. It provided no source for its report, but the respected German weekly Der Spiegel also reported at the weekend that the BND targeted phone numbers and email addresses of officials in the United States, Britain, France, Switzerland, Greece, the Vatican and other European countries, as well as at international aid groups such as the Red Cross. The claims are particularly sensitive in Germany because the government reacted with anger two years ago to reports that the U.S. eavesdropped on German targets, including Chancellor Angela Merkel, who declared at the time that "spying among friends, that's just wrong."German lawmakers have broadened a probe into the U.S. National Security Agency's activities in the country to include the work of the BND.
Gonzalo San Gil, PhD.

Open source software's implications beyond software | Nicole C. Engard | 27 Oct 2015 | Opensource.com - 0 views

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    Recap: Jim Whitehurst keynote, All Things Open 2015 "... But today what we realize is that to get people who want more than a paycheck, people who want to go above and beyond because they believe in the mission, the company and the leadership must treat those people as participants."
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    Recap: Jim Whitehurst keynote, All Things Open 2015 "... But today what we realize is that to get people who want more than a paycheck, people who want to go above and beyond because they believe in the mission, the company and the leadership must treat those people as participants."
Gonzalo San Gil, PhD.

The U.N. wants to connect the world to the Internet. That's not enough. - 0 views

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    "But connectivity alone cannot be global policy. Respect for privacy and the freedom of expression must go hand in glove with the drive to connection."
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