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The five-week court hearing in what is a complex case delving into detail on US surveillance operations took place in February. The court issued its ruling today. The 153-page ruling starts by noting “this is an unusual case”, before going into a detailed discussion of the arguments and concluding that the DPC’s concerns about the validity of SCCs should be referred to the European Court of Justice for a preliminary ruling. Schrems is also the man responsible for bringing, in 2013, a legal challenge that ultimately struck down Safe Harbor — the legal mechanism that had oiled the pipe for EU-US personal data flows for fifteen years before the ECJ ruled it to be invalid in October 2015. Schrems’ argument had centered on U.S. government mass surveillance programs, as disclosed via the Snowden leaks, being incompatible with fundamental European privacy rights. After the ECJ struck down Safe Harbor he then sought to apply the same arguments against Facebook’s use of SCCs — returning to Ireland to make the complaint as that’s where the company has its European HQ. It’s worth noting that the European Commission has since replaced Safe Harbor with a new (and it claims more robust) data transfer mechanism, called the EU-US Privacy Shield — which is now, as Safe Harbor was, used by thousands of businesses. Although that too is facing legal challenges as critics continue to argue there is a core problem of incompatibility between two distinct legal regimes where EU privacy rights collide with US mass surveillance.

In a written statement on the ruling Schrems added: “I welcome the judgement by the Irish High Court. It is important that a neutral Court outside of the US has summarized the facts on US surveillance in a judgement, after diving through more than 45,000 pages of documents in a five week hearing.

Making a video statement outside court in Dublin today, Schrems said the Irish court had dismissed Facebook’s argument that the US government does not undertake any surveillance.

Last month, we wrote about Bruce Schneier's warning that certain unknown parties were carefully testing ways to take down the internet. They were doing carefully configured DDoS attacks, testing core internet infrastructure, focusing on key DNS servers. And, of course, we've also been talking about the rise of truly massive DDoS attacks, thanks to poorly secured Internet of Things (IoT) devices, and ancient, unpatched bugs. That all came to a head this morning when large chunks of the internet went down for about two hours, thanks to a massive DDoS attack targeting managed DNS provider Dyn. Most of the down sites are back (I'm still having trouble reaching Twitter), but it was pretty widespread, and lots of big name sites all went down. Just check out this screenshot from Downdetector showing the outages on a bunch of sites:

You'll see not all of them have downtime (and the big ISPs, as always, show lots of complaints about downtimes), but a ton of those sites show a giant spike in downtime for a few hours. So, once again, we'd like to point out that this is as problem that the internet community needs to start solving now. There's been a theoretical threat for a while, but it's no longer so theoretical. Yes, some people point out that this is a difficult thing to deal with. If you're pointing people to websites, even if we were to move to a more distributed system, there are almost always some kinds of chokepoints, and those with malicious intent will always, eventually, target those chokepoints. But there has to be a better way -- because if there isn't, this kind of thing is going to become a lot worse.

Talks on the TPP, which would create a massive free trade zone encompassing some 40 percent of global output, have long been stalled due partly to bickering between Japan and the United States -- the biggest economies in the TPP framework -- over removal of barriers for agricultural and automotive trade. The biggest sticking point has been Tokyo's proposed exceptions to tariff cuts on its five sensitive farm product categories -- rice, wheat, beef and pork, dairy products and sugar -- and safeguard measures it wants to introduce should imports of the products surge under the TPP, which aims for zero tariffs in principle. It is uncertain how much closer the two sides can move given that their recent working-level talks saw little progress, negotiation sources said.

A summit meeting of the Asia-Pacific Economic Cooperation forum scheduled for November in Beijing that Obama and leaders from other TPP countries are slated to join is seen as an occasion for concluding the TPP talks, which have entered their fifth year. But the odds on an agreement depend on whether Japan and the United States can bridge their gaps before that.

Hiroshi Oe, Japan's deputy chief TPP negotiator, has admitted that talks with his counterpart Wendy Cutler, Froman's top deputy, earlier this month in Tokyo made very little progress. One negotiation source said the hurdle for solving the outstanding bilateral problems is "extremely high," suggesting it is still premature to bring the talks to the ministerial level. Amari himself had been reluctant to hold a one-on-one meeting with Froman with the working-level negotiations failing to see enough progress. But he apparently decided to ramp up efforts in response to strong calls from Washington for arranging a meeting with Froman, who has said the two sides are "now at a critical juncture in this negotiation."

In his first major policy speech as director of the F.B.I., James B. Comey on Thursday plans to wade deeper into the debate between law enforcement agencies and technology companies about new programs intended to protect personal information on communication devices.Mr. Comey will say that encryption technologies used on these devices, like the new iPhone, have become so sophisticated that crimes will go unsolved because law enforcement officers will not be able to get information from them, according to a senior F.B.I. official who provided a preview of the speech.The speech was prompted, in part, by the new encryption technology on the iPhone 6, which was released last month. The phone encrypts emails, photos and contacts, thwarting intelligence and law enforcement agencies, like the National Security Agency and F.B.I., from gaining access to it, even if they have court approval.

The F.B.I. has long had concerns about devices “going dark” — when technology becomes so sophisticated that the authorities cannot gain access. But now, Mr. Comey said he believes that the new encryption technology has evolved to the point that it will adversely affect crime solving.He will say in the speech that these new programs will most severely affect state and local law enforcement agencies, because they are the ones who most often investigate crimes like kidnappings and robberies in which getting information from electronic devices in a timely manner is essential to solving the crime.

They also do not have the resources that are available to the F.B.I. and other federal intelligence and law enforcement authorities in order to get around the programs.Mr. Comey will cite examples of crimes that the authorities were able to solve because they gained access to a phone.“He is going to call for a discussion on this issue and ask whether this is the path we want to go down,” said the senior F.B.I. official. “He is not going to accuse the companies of designing the technologies to prevent the F.B.I. from accessing them. But, he will say that this is a negative byproduct and we need to work together to fix it.”

Now the processing power is in the cloud, and very sophisticated applications, from e-mail to tools you need to run a business, can be run by logging onto a Web site, not from pre-installed software. In addition, the way we work (and play) has shifted from P.C.’s to mobile devices—where Android and Apple’s iOS each outsell Windows by more than 10 to 1. Why develop software to run on Windows if no one is using Windows? Why use Windows if nothing you want can run on it? The virtuous circle has turned vicious.