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Paul Merrell

Victory for Users: Librarian of Congress Renews and Expands Protections for Fair Uses | Electronic Frontier Foundation - 0 views

  • The new rules for exemptions to copyright's DRM-circumvention laws were issued today, and the Librarian of Congress has granted much of what EFF asked for over the course of months of extensive briefs and hearings. The exemptions we requested—ripping DVDs and Blurays for making fair use remixes and analysis; preserving video games and running multiplayer servers after publishers have abandoned them; jailbreaking cell phones, tablets, and other portable computing devices to run third party software; and security research and modification and repairs on cars—have each been accepted, subject to some important caveats.
  • The exemptions are needed thanks to a fundamentally flawed law that forbids users from breaking DRM, even if the purpose is a clearly lawful fair use. As software has become ubiquitous, so has DRM.  Users often have to circumvent that DRM to make full use of their devices, from DVDs to games to smartphones and cars. The law allows users to request exemptions for such lawful uses—but it doesn’t make it easy. Exemptions are granted through an elaborate rulemaking process that takes place every three years and places a heavy burden on EFF and the many other requesters who take part. Every exemption must be argued anew, even if it was previously granted, and even if there is no opposition. The exemptions that emerge are limited in scope. What is worse, they only apply to end users—the people who are actually doing the ripping, tinkering, jailbreaking, or research—and not to the people who make the EFF that facilitate those lawful activities. The section of the law that creates these restrictions—the Digital Millennium Copyright Act's Section 1201—is fundamentally flawed, has resulted in myriad unintended consequences, and is long past due for reform or removal altogether from the statute books. Still, as long as its rulemaking process exists, we're pleased to have secured the following exemptions.
  • The new rules are long and complicated, and we'll be posting more details about each as we get a chance to analyze them. In the meantime, we hope each of these exemptions enable more exciting fair uses that educate, entertain, improve the underlying technology, and keep us safer. A better long-terms solution, though, is to eliminate the need for this onerous rulemaking process. We encourage lawmakers to support efforts like the Unlocking Technology Act, which would limit the scope of Section 1201 to copyright infringements—not fair uses. And as the White House looks for the next Librarian of Congress, who is ultimately responsible for issuing the exemptions, we hope to get a candidate who acts—as a librarian should—in the interest of the public's access to information.
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
Paul Merrell

Civil Rights Coalition files FCC Complaint Against Baltimore Police Department for Illegally Using Stingrays to Disrupt Cellular Communications | Electronic Frontier Foundation - 0 views

  • This week the Center for Media Justice, ColorOfChange.org, and New America’s Open Technology Institute filed a complaint with the Federal Communications Commission alleging the Baltimore police are violating the federal Communications Act by using cell site simulators, also known as Stingrays, that disrupt cellphone calls and interfere with the cellular network—and are doing so in a way that has a disproportionate impact on communities of color. Stingrays operate by mimicking a cell tower and directing all cellphones in a given area to route communications through the Stingray instead of the nearby tower. They are especially pernicious surveillance tools because they collect information on every single phone in a given area—not just the suspect’s phone—this means they allow the police to conduct indiscriminate, dragnet searches. They are also able to locate people inside traditionally-protected private spaces like homes, doctors’ offices, or places of worship. Stingrays can also be configured to capture the content of communications. Because Stingrays operate on the same spectrum as cellular networks but are not actually transmitting communications the way a cell tower would, they interfere with cell phone communications within as much as a 500 meter radius of the device (Baltimore’s devices may be limited to 200 meters). This means that any important phone call placed or text message sent within that radius may not get through. As the complaint notes, “[d]epending on the nature of an emergency, it may be urgently necessary for a caller to reach, for example, a parent or child, doctor, psychiatrist, school, hospital, poison control center, or suicide prevention hotline.” But these and even 911 calls could be blocked.
  • The Baltimore Police Department could be among the most prolific users of cell site simulator technology in the country. A Baltimore detective testified last year that the BPD used Stingrays 4,300 times between 2007 and 2015. Like other law enforcement agencies, Baltimore has used its devices for major and minor crimes—everything from trying to locate a man who had kidnapped two small children to trying to find another man who took his wife’s cellphone during an argument (and later returned it). According to logs obtained by USA Today, the Baltimore PD also used its Stingrays to locate witnesses, to investigate unarmed robberies, and for mysterious “other” purposes. And like other law enforcement agencies, the Baltimore PD has regularly withheld information about Stingrays from defense attorneys, judges, and the public. Moreover, according to the FCC complaint, the Baltimore PD’s use of Stingrays disproportionately impacts African American communities. Coming on the heels of a scathing Department of Justice report finding “BPD engages in a pattern or practice of conduct that violates the Constitution or federal law,” this may not be surprising, but it still should be shocking. The DOJ’s investigation found that BPD not only regularly makes unconstitutional stops and arrests and uses excessive force within African-American communities but also retaliates against people for constitutionally protected expression, and uses enforcement strategies that produce “severe and unjustified disparities in the rates of stops, searches and arrests of African Americans.”
  • Adding Stingrays to this mix means that these same communities are subject to more surveillance that chills speech and are less able to make 911 and other emergency calls than communities where the police aren’t regularly using Stingrays. A map included in the FCC complaint shows exactly how this is impacting Baltimore’s African-American communities. It plots hundreds of addresses where USA Today discovered BPD was using Stingrays over a map of Baltimore’s black population based on 2010 Census data included in the DOJ’s recent report:
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  • The Communications Act gives the FCC the authority to regulate radio, television, wire, satellite, and cable communications in all 50 states, the District of Columbia and U.S. territories. This includes being responsible for protecting cellphone networks from disruption and ensuring that emergency calls can be completed under any circumstances. And it requires the FCC to ensure that access to networks is available “to all people of the United States, without discrimination on the basis of race, color, religion, national origin, or sex.” Considering that the spectrum law enforcement is utilizing without permission is public property leased to private companies for the purpose of providing them next generation wireless communications, it goes without saying that the FCC has a duty to act.
  • But we should not assume that the Baltimore Police Department is an outlier—EFF has found that law enforcement has been secretly using stingrays for years and across the country. No community should have to speculate as to whether such a powerful surveillance technology is being used on its residents. Thus, we also ask the FCC to engage in a rule-making proceeding that addresses not only the problem of harmful interference but also the duty of every police department to use Stingrays in a constitutional way, and to publicly disclose—not hide—the facts around acquisition and use of this powerful wireless surveillance technology.  Anyone can support the complaint by tweeting at FCC Commissioners or by signing the petitions hosted by Color of Change or MAG-Net.
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    An important test case on the constitutionality of stingray mobile device surveillance.
Paul Merrell

New open-source router firmware opens your Wi-Fi network to strangers | Ars Technica - 0 views

  • We’ve often heard security folks explain their belief that one of the best ways to protect Web privacy and security on one's home turf is to lock down one's private Wi-Fi network with a strong password. But a coalition of advocacy organizations is calling such conventional wisdom into question. Members of the “Open Wireless Movement,” including the Electronic Frontier Foundation (EFF), Free Press, Mozilla, and Fight for the Future are advocating that we open up our Wi-Fi private networks (or at least a small slice of our available bandwidth) to strangers. They claim that such a random act of kindness can actually make us safer online while simultaneously facilitating a better allocation of finite broadband resources. The OpenWireless.org website explains the group’s initiative. “We are aiming to build technologies that would make it easy for Internet subscribers to portion off their wireless networks for guests and the public while maintaining security, protecting privacy, and preserving quality of access," its mission statement reads. "And we are working to debunk myths (and confront truths) about open wireless while creating technologies and legal precedent to ensure it is safe, private, and legal to open your network.”
  • One such technology, which EFF plans to unveil at the Hackers on Planet Earth (HOPE X) conference next month, is open-sourced router firmware called Open Wireless Router. This firmware would enable individuals to share a portion of their Wi-Fi networks with anyone nearby, password-free, as Adi Kamdar, an EFF activist, told Ars on Friday. Home network sharing EFF are not new, and the EFF has been touting the benefits of open-sourcing Web connections for years, but Kamdar believes this new tool marks the second phase in the open wireless initiative. Unlike previous EFF, he claims, EFF’s software will be free for all, will not require any sort of registration, and will actually make surfing the Web safer and more EFFicient.
  • Kamdar said that the new firmware utilizes smart technologies that prioritize the network owner's traffic over others', so good samaritans won't have to wait for Netflix to load because of strangers using their home networks. What's more, he said, "every connection is walled off from all other connections," so as to decrease the risk of unwanted snooping. Additionally, EFF hopes that opening one’s Wi-Fi network will, in the long run, make it more difficult to tie an IP address to an individual. “From a legal perspective, we have been trying to tackle this idea that law enforcement and certain bad plaintiffs have been pushing, that your IP address is tied to your identity. Your identity is not your IP address. You shouldn't be targeted by a copyright troll just because they know your IP address," said Kamdar.
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  • While the EFF firmware will initially be compatible with only one specific router, the organization would like to eventually make it compatible with other routers and even, perhaps, develop its own router. “We noticed that router software, in general, is pretty insecure and inEFFicient," Kamdar said. “There are a few major players in the router space. Even though various flaws have been exposed, there have not been many fixes.”
Paul Merrell

Tell Congress: My Phone Calls are My Business. Reform the NSA. | EFF Action Center - 3 views

  • The USA PATRIOT Act granted the government powerful new spying capabilities that have grown out of control—but the provision that the FBI and NSA have been using to collect the phone records of millions of innocent people expires on June 1. Tell Congress: it’s time to rethink out-of-control spying. A vote to reauthorize Section 215 is a vote against the Constitution.
  • On June 5, 2013, the Guardian published a secret court order showing that the NSA has interpreted Section 215 to mean that, with the help of the FBI, it can collect the private calling records of millions of innocent people. The government could even try to use Section 215 for bulk collection of financial records. The NSA’s defenders argue that invading our privacy is the only way to keep us safe. But the White House itself, along with the President’s Review Board has said that the government can accomplish its goals without bulk telephone records collection. And the Privacy and Civil Liberties Oversight Board said, “We have not identified a single instance involving a threat to the United States in which [bulk collection under Section 215 of the PATRIOT Act] made a concrete difference in the outcome of a counterterrorism investigation.” Since June of 2013, we’ve continued to learn more about how out of control the NSA is. But what has not happened since June is legislative reform of the NSA. There have been myriad bipartisan proposals in Congress—some authentic and some not—but lawmakers didn’t pass anything. We need comprehensive reform that addresses all the ways the NSA has overstepped its authority and provides the NSA with appropriate and constitutional tools to keep America safe. In the meantime, tell Congress to take a stand. A vote against reauthorization of Section 215 is a vote for the Constitution.
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    EFF has launched an email campagin to press members of Congress not to renew sectiion 215 of the Patriot Act when it expires on June 1, 2015.   Sectjon 215 authorizes FBI officials to "make an application for an order requiring the production of *any tangible things* (including books, records, papers, documents, and other items) for an investigation to obtain foreign intelligence information not concerning a United States person or to protect against international terrorism or clandestine intelligence activities, provided that such investigation of a United States person is not conducted solely upon the basis of activities protected by the first amendment to the Constitution." http://www.law.cornell.edu/uscode/text/50/1861 The section has been abused to obtain bulk collecdtion of all telephone records for the NSA's storage and processing.But the section goes farther and lists as specific examples of records that can be obtained under section 215's authority, "library circulation records, library patron lists, book sales records, book customer lists, firearms sales records, tax return records, educational records, or medical records."  Think of the NSA's voracious appetite for new "haystacks" it can store  and search in its gigantic new data center in Utah. Then ask yourself, "do I want the NSA to obtain all of my personal data, store it, and search it at will?" If your anser is "no," you might consider visiting this page to send your Congress critters an email urging them to vote against renewal of section 215 and to vote for other NSA reforms listed in the EFF sample email text. Please do not procrastinate. Do it now, before you forget. Every voice counts. 
Paul Merrell

Hey ITU Member States: No More Secrecy, Release the Treaty Proposals | Electronic Frontier Foundation - 0 views

  • The International Telecommunication Union (ITU) will hold the World Conference on International Telecommunications (WCIT-12) in December in Dubai, an all-important treaty-writing event where ITU Member States will discuss the proposed revisions to the International Telecommunication Regulations (ITR). The ITU is a United Nations agency responsible for international telecom regulation, a bureaucratic, slow-moving, closed regulatory organization that issues treaty-level provisions for international telecommunication networks and services. The ITR, a legally binding international treaty signed by 178 countries, defines the boundaries of ITU’s regulatory authority and provides "general principles" on international telecommunications. However, media reports indicate that some proposed amendments to the ITR—a negotiation that is already well underway—could potentially expand the ITU’s mandate to encompass the Internet.
  • The International Telecommunication Union (ITU) will hold the World Conference on International Telecommunications (WCIT-12) in December in Dubai, an all-important treaty-writing event where ITU Member States will discuss the proposed revisions to the International Telecommunication Regulations (ITR). The ITU is a United Nations agency responsible for international telecom regulation, a bureaucratic, slow-moving, closed regulatory organization that issues treaty-level provisions for international telecommunication networks and services. The ITR, a legally binding international treaty signed by 178 countries, defines the boundaries of ITU’s regulatory authority and provides "general principles" on international telecommunications. However, media reports indicate that some proposed amendments to the ITR—a negotiation that is already well underway—could potentially expand the ITU’s mandate to encompass the Internet. In similar fashion to the secrecy surrounding ACTA and TPP, the ITR proposals are being negotiated in secret, with high barriers preventing access to any negotiating document. While aspiring to be a venue for Internet policy-making, the ITU Member States do not appear to be very open to the idea of allowing all stakeholders (including civil society) to participate. The framework under which the ITU operates does not allow for any form of open participation. Mere access to documents and decision-makers is sold by the ITU to corporate “associate” members at prohibitively high rates. Indeed, the ITU’s business model appears to depend on revenue generation from those seeking to ‘participate’ in its policy-making processes. This revenue-based principle of policy-making is deeply troubling in and of itself, as the objective of policy making should be to reach the best possible outcome.
  • EFF, European Digital Rights, CIPPIC and CDT and a coalition of civil society organizations from around the world are demanding that the ITU Secretary General, the  WCIT-12 Council Working Group, and ITU Member States open up the WCIT-12 and the Council working group negotiations, by immediately releasing all the preparatory materials and Treaty proposals. If it affects the digital rights of citizens across the globe, the public needs to know what is going on and deserves to have a say. The Council Working Group is responsible for the preparatory work towards WCIT-12, setting the agenda for and consolidating input from participating governments and Sector Members. We demand full and meaningful participation for civil society in its own right, and without cost, at the Council Working Group meetings and the WCIT on equal footing with all other stakeholders, including participating governments. A transparent, open process that is inclusive of civil society at every stage is crucial to creating sound policy.
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  • Civil society has good reason to be concerned regarding an expanded ITU policy-making role. To begin with, the institution does not appear to have high regard for the distributed multi-stakeholder decision making model that has been integral to the development of an innovative, successful and open Internet. In spite of commitments at WSIS to ensure Internet policy is based on input from all relevant stakeholders, the ITU has consistently put the interests of one stakeholder—Governments—above all others. This is discouraging, as some government interests are inconsistent with an open, innovative network. Indeed, the conditions which have made the Internet the powerful tool it is today emerged in an environment where the interests of all stakeholders are given equal footing, and existing Internet policy-making institutions at least aspire, with varying success, to emulate this equal footing. This formula is enshrined in the Tunis Agenda, which was committed to at WSIS in 2005:
  • 83. Building an inclusive development-oriented Information Society will require unremitting multi-stakeholder effort. We thus commit ourselves to remain fully engaged—nationally, regionally and internationally—to ensure sustainable implementation and follow-up of the outcomes and commitments reached during the WSIS process and its Geneva and Tunis phases of the Summit. Taking into account the multifaceted nature of building the Information Society, effective cooperation among governments, private sector, civil society and the United Nations and other international organizations, according to their different roles and responsibilities and leveraging on their expertise, is essential. 84. Governments and other stakeholders should identify those areas where further effort and resources are required, and jointly identify, and where appropriate develop, implementation strategies, mechanisms and processes for WSIS outcomes at international, regional, national and local levels, paying particular attention to people and groups that are still marginalized in their access to, and utilization of, ICTs.
  • Indeed, the ITU’s current vision of Internet policy-making is less one of distributed decision-making, and more one of ‘taking control.’ For example, in an interview conducted last June with ITU Secretary General Hamadoun Touré, Russian Prime Minister Vladimir Putin raised the suggestion that the union might take control of the Internet: “We are thankful to you for the ideas that you have proposed for discussion,” Putin told Touré in that conversation. “One of them is establishing international control over the Internet using the monitoring and supervisory capabilities of the International Telecommunication Union (ITU).” Perhaps of greater concern are views espoused by the ITU regarding the nature of the Internet. Yesterday, at the World Summit of Information Society Forum, Mr. Alexander Ntoko, head of the Corporate Strategy Division of the ITU, explained the proposals made during the preparatory process for the WCIT, outlining a broad set of topics that can seriously impact people's rights. The categories include "security," "interoperability" and "quality of services," and the possibility that ITU recommendations and regulations will be not only binding on the world’s nations, but enforced.
  • Rights to online expression are unlikely to fare much better than privacy under an ITU model. During last year’s IGF in Kenya, a voluntary code of conduct was issued to further restrict free expression online. A group of nations (including China, the Russian Federation, Tajikistan and Uzbekistan) released a Resolution for the UN General Assembly titled, “International Code of Conduct for Information Security.”  The Code seems to be designed to preserve and protect national powers in information and communication. In it, governments pledge to curb “the dissemination of information that incites terrorism, secessionism or extremism or that undermines other countries’ political, economic and social stability, as well as their spiritual and cultural environment.” This overly broad provision accords any state the right to censor or block international communications, for almost any reason.
  • EFF Joins Coalition Denouncing Secretive WCIT Planning Process June 2012 Congressional Witnesses Agree: Multistakeholder Processes Are Right for Internet Regulation June 2012 Widespread Participation Is Key in Internet Governance July 2012 Blogging ITU: Internet Users Will Be Ignored Again if Flawed ITU Proposals Gain Traction June 2012 Global Telecom Governance Debated at European Parliament Workshop
Paul Merrell

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

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

The SSD Project | EFF Surveillance Self-Defense Project - 2 views

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    "The Electronic Frontier Foundation (EFF) has created this Surveillance Self-Defense site to educate the American public about the law and technology of government surveillance in the United States, providing the information and EFF necessary to evaluate the threat of surveillance and take appropriate steps to defend against it. "
Gonzalo San Gil, PhD.

Help EFF Test Privacy Badger, Our New Tool to Stop Creepy Online Tracking | Electronic Frontier Foundation - 3 views

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    "EFF is launching a new extension for Firefox and Chrome called Privacy Badger. Privacy Badger automatically detects and blocks spying ads around the Web, and the invisible trackers that feed information to them. You can try it out today:"
Gonzalo San Gil, PhD.

Five EFF EFF to Help You Protect Yourself Online | Electronic Frontier Foundation - 0 views

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    "Do you get creeped out when an ad eerily related to your recent Internet activity seems to follow you around the web? "
Gonzalo San Gil, PhD.

All Nations Lose with TPP's Expansion of Copyright Terms | Electronic Frontier Foundation - 0 views

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    "EFF has previously written about various troubling provisions of the Trans-Pacific Partnership Agreement (TPP) that is being negotiated under wraps. One other major concern is that TPP seeks to propagate the excessive copyright terms currently found in American copyright legislation, and will become yet another tool of the second enclosure movement: "the enclosure of the intangible commons of the mind.""
Paul Merrell

We finally gave Congress email addresses - Sunlight Foundation Blog - 0 views

  • On OpenCongress, you can now email your representatives and senators just as easily as you would a friend or colleague. We've added a new feature to OpenCongress. It's not flashy. It doesn't use D3 or integrate with social media. But we still think it's pretty cool. You might've already heard of it. Email. This may not sound like a big deal, but it's been a long time coming. A lot of people are surprised to learn that Congress doesn't have publicly available email addresses. It's the number one feature request that we hear from users of our APIs. Until recently, we didn't have a good response. That's because members of Congress typically put their feedback mechanisms behind captchas and zip code requirements. Sometimes these forms break; sometimes their requirements improperly lock out actual constituents. And they always make it harder to email your congressional delegation than it should be.
  • This is a real problem. According to the Congressional Management Foundation, 88% of Capitol Hill staffers agree that electronic messages from constituents influence their bosses' decisions. We think that it's inappropriate to erect technical barriers around such an essential democratic mechanism. Congress itself is addressing the problem. That effort has just entered its second decade, and people are feeling optimistic that a launch to a closed set of partners might be coming soon. But we weren't content to wait. So when the Electronic Frontier Foundation (eff) approached us about this problem, we were excited to really make some progress. Building on groundwork first done by the Participatory Politics Foundation and more recent work within Sunlight, a network of 150 volunteers collected the data we needed from congressional websites in just two days. That information is now on Github, available to all who want to build the next generation of constituent communication eff. The eff is already working on some exciting things to that end.
  • But we just wanted to be able to email our representatives like normal people. So now, if you visit a legislator's page on OpenCongress, you'll see an email address in the right-hand sidebar that looks like Sen.Reid@opencongress.org or Rep.Boehner@opencongress.org. You can also email myreps@opencongress.org to email both of your senators and your House representatives at once. The first time we get an email from you, we'll send one back asking for some additional details. This is necessary because our code submits your message by navigating those aforementioned congressional webforms, and we don't want to enter incorrect information. But for emails after the first one, all you'll have to do is click a link that says, "Yes, I meant to send that email."
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  • One more thing: For now, our system will only let you email your own representatives. A lot of people dislike this. We do, too. In an age of increasing polarization, party discipline means that congressional leaders must be accountable to citizens outside their districts. But the unfortunate truth is that Congress typically won't bother reading messages from non-constituents — that's why those zip code requirements exist in the first place. Until that changes, we don't want our users to waste their time. So that's it. If it seems simple, it's because it is. But we think that unbreaking how Congress connects to the Internet is important. You should be able to send a call to action in a tweet, easily forward a listserv message to your representative and interact with your government using the tools you use to interact with everyone else.
Gonzalo San Gil, PhD.

EFF's Game Plan for Ending Global Mass Surveillance | Electronic Frontier Foundation - 0 views

  • We have a problem when it comes to stopping mass surveillance.  The entity that’s conducting the most extreme and far-reaching surveillance against most of the world’s communications—the National Security Agency—is bound by United States law.  That’s good news for Americans. U.S. law and the Constitution protect American citizens and legal residents from warrantless surveillance. That means we have a very strong legal case to challenge mass surveillance conducted domestically or that sweeps in Americans’ communications.  Similarly, the United States Congress is elected by American voters. That means Congressional representatives are beholden to the American people for their jobs, so public pressure from constituents can help influence future laws that might check some of the NSA’s most egregious practices. But what about everyone else? What about the 96% of the world’s population who are citizens of other countries, living outside U.S. borders. They don't get a vote in Congress. And current American legal protections generally only protect citizens, legal residents, or those physically located within the United States. So what can EFF do to protect the billions of people outside the United States who are victims of the NSA’s spying?
  • For years, we’ve been working on a strategy to end mass surveillance of digital communications of innocent people worldwide. Today we’re laying out the plan, so you can understand how all the pieces fit together—that is, how U.S. advocacy and policy efforts connect to the international fight and vice versa. Decide for yourself where you can get involved to make the biggest difference. This plan isn’t for the next two weeks or three months. It’s a multi-year battle that may need to be revised many times as we better understand the eff and authorities of entities engaged in mass surveillance and as more disclosures by whistleblowers help shine light on surveillance abuses.
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    "We have a problem when it comes to stopping mass surveillance. The entity that's conducting the most extreme and far-reaching surveillance against most of the world's communications-the National Security Agency-is bound by United States law. "
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    "We have a problem when it comes to stopping mass surveillance. The entity that's conducting the most extreme and far-reaching surveillance against most of the world's communications-the National Security Agency-is bound by United States law. "
Paul Merrell

First Look Publishes Open Source Code To Advance Privacy, Security, and Journalism - The Intercept - 0 views

  • today we’re excited to contribute back to the open source community by launching First Look Code, the home for our own open source projects related to privacy, security, data, and journalism. To begin with, First Look Code is the new home for document sanitization software PDF Redact Tools, and we’ve launched a brand new anti-gag order project called AutoCanary.
  • AutoCanary A warrant canary is a regularly published statement that a company hasn’t received any legal orders that it’s not allowed to talk about, such as a national security letter. Canaries can help prevent web publishers from misleading visitors and prevent tech companies from misleading users when they share data with the government and are prevented from talking about it. One such situation arose — without a canary in place — in 2013, when the U.S. government sent Lavabit, a provider of encrypted email services apparently used by Snowden, a legal request to access Snowden’s email, thwarting some of the very privacy protections Lavabit had promised users. This request included a gag order, so the company was legally prohibited from talking about it. Rather than becoming “complicit in crimes against the American people,” in his words, Lavabit founder Ladar Levison, chose to shut down the service.
  • Warrant canaries are designed to help companies in this kind of situation. You can see a list of companies that publish warrant canary statements at Canary Watch. As of today, First Look Media is among the companies that publish canaries. We’re happy to announce the first version of AutoCanary, a desktop program for Windows, Mac OS X, and Linux that makes the process of generating machine-readable, digitally-signed warrant canary statements simpler. Read more about AutoCanary on its new website.
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    The internet continues to fight back against the Dark State. On the unsettled nature of the law in regard to use of warrant canaries in the U.S. see EFF's faq: https://www.EFF.org/deeplinks/2014/04/warrant-canary-faq (it needs a test case).
Gonzalo San Gil, PhD.

Surveillance Self-Defense | Tips, Tools and How-tos for Safer Online Communications - 0 views

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    "Tips, Tools and How-tos for Safer Online Communications"
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    "Tips, Tools and How-tos for Safer Online Communications"
Paul Merrell

Detekt Is Free Software That Spots Computer Spyware - Businessweek - 0 views

  • For more than two years, researchers and rights activists have tracked the proliferation and abuse of computer spyware that can watch people in their homes and intercept their e-mails. Now they’ve built a tool that can help the targets protect themselves.The free, downloadable software, called Detekt, searches computers for the presence of malicious programs that have been built to evade detection. The spyware ranges from government-grade products used by intelligence and police agencies to hacker staples known as RATs—remote administration tools. Detekt, which was developed by security researcher Claudio Guarnieri, is being released in a partnership with advocacy groups Amnesty International, Digitale Gesellschaft, the Electronic Frontier Foundation, and Privacy International.Guarnieri says his tool finds hidden spy programs by seeking unique patterns on computers that indicate a specific malware is running. He warns users not to expect his program (which is available only for Windows machines) to find all spyware, and notes that the release of Detekt could spur malware developers to further cloak their code.
Gonzalo San Gil, PhD.

Privacy Badger | Electronic Frontier Foundation - 0 views

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    [Privacy Badger blocks spying ads and invisible trackers.]
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    I've been using it for about a month as a Chrome extension, which at least at the time was still in beta. It hasn't caused any problems on either the Linux or Windows boxes. It appears to be working as intended on both systems. The sliders discussed in the article only appear if you are viewing a page that has identified or candidate cookie tracking characteristics. Some it blocks itself. Others, you have to use a slider on to set whether it will be blocked or wait until the program acquires enough data about that site to make a decision to block. The program does not use a blacklist of sites, although it comes with a white list built in of sites that honor the do not track browser setting. But once a tracking cookie is blocked, it's blocked for all sites you visit. So this isn't instant complete tracking cookie security. It's designed to improve your experience with the number of sites whose tracking cookies follow your tracks around the Web. But this is not a mature program. Its effectiveness will improve with each update.
Paul Merrell

Guest Post: NSA Reform - The Consequences of Failure | Just Security - 0 views

  • In the absence of real reform, people and institutions at home and abroad are taking matters into their own hands. In America, the NSA’s overreach is changing the way we communicate with and relate to each other. In order to evade government surveillance, more and more Americans are employing encryption technology.  The veritable explosion of new secure messaging apps like Surespot, OpenWhisper’s collaboration with WhatsApp, the development and deployment of open source anti-surveillance tools like Detekt, the creation of organizationally-sponsored “surveillance self-defense” guides, the push to universalize the https protocol, anti-surveillance book events featuring free encryption workshops— are manifestations of the rise of the personal encryption and pro-privacy digital resistance movement. Its political implications are clear: Americans, along with people around the world, increasingly see the United States government’s overreaching surveillance activities as a threat to be blocked.
  • The federal government’s vacuum-cleaner approach to surveillance—manifested in Title II of the PATRIOT Act, the FISA Amendments Act, and EO 12333—has backfired in these respects, and the emergence of this digital resistance movement is one result. Indeed, the existence and proliferation of social networks hold the potential to help this movement spread faster and to more of the general public than would have been possible in decades past. This is evidenced by the growing concern worldwide about governments’ ability to access reams of information about people’s lives with relative ease. As one measure, compared to a year ago, 41% of online users in North America now avoid certain Internet sites and applications, 16% change who they communicate with, and 24% censor what they say online. Those numbers, if anywhere close to accurate, are a major concern for democratic society.
  • Even if commercially available privacy technology proves capable of providing a genuine shield against warrantless or otherwise illegal surveillance by the United States government, it will remain a treatment for the symptom, not a cure for the underlying legal and constitutional malady. In April 2014, a Harris poll of US adults showed that in response to the Snowden revelations, “Almost half of respondents (47%) said that they have changed their online behavior and think more carefully about where they go, what they say, and what they do online.” Set aside for a moment that just the federal government’s collection of the data of innocent Americans is itself likely a violation of the Fourth Amendment. The Harris poll is just one of numerous studies highlighting the collateral damage to American society and politics from NSA’s excesses: segments of our population are now fearful of even associating with individuals or organizations executive branch officials deem controversial or suspicious. Nearly half of Americans say they have changed their online behavior out of a fear of what the federal government might do with their personal information. The Constitution’s free association guarantee has been damaged by the Surveillance State’s very operation.
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  • The failure of the Congress and the courts to end the surveillance state, despite the repeated efforts by a huge range of political and public interest actors to effect that change through the political process, is only fueling the growing resistance movement. Federal officials understand this, which is why they are trying—desperately and in the view of some, underhandedly—to shut down this digital resistance movement. This action/reaction cycle is exactly what it appears to be: an escalating conflict between the American public and its government. Without comprehensive surveillance authority reforms (including a journalist “shield law” and ironclad whistleblower protections for Intelligence Community contractors) that are verifiable and enforceable, that conflict will only continue.
Gonzalo San Gil, PhD.

Copyright Law as a Tool for State Censorship of the Internet | Electronic Frontier Foundation - 1 views

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    "When state officials seek to censor online speech, they're going to use the quickest and easiest method available. For many, copyright takedown notices do the trick. After years of lobbying and increasing pressure from content industries on policymakers and tech companies, sending copyright notices to take media offline is easier than ever."
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    "When state officials seek to censor online speech, they're going to use the quickest and easiest method available. For many, copyright takedown notices do the trick. After years of lobbying and increasing pressure from content industries on policymakers and tech companies, sending copyright notices to take media offline is easier than ever."
Paul Merrell

Internet privacy, funded by spooks: A brief history of the BBG | PandoDaily - 0 views

  • For the past few months I’ve been covering U.S. government funding of popular Internet privacy tools like Tor, CryptoCat and Open Whisper Systems. During my reporting, one agency in particular keeps popping up: An agency with one of those really bland names that masks its wild, bizarre history: the Broadcasting Board of Governors, or BBG. The BBG was formed in 1999 and runs on a $721 million annual budget. It reports directly to Secretary of State John Kerry and operates like a holding company for a host of Cold War-era CIA spinoffs and old school “psychological warfare” projects: Radio Free Europe, Radio Free Asia, Radio Martí, Voice of America, Radio Liberation from Bolshevism (since renamed “Radio Liberty”) and a dozen other government-funded radio stations and media outlets pumping out pro-American propaganda across the globe. Today, the Congressionally-funded federal agency is also one of the biggest backers of grassroots and open-source Internet privacy technology. These investments started in 2012, when the BBG launched the “Open Technology Fund” (OTF) — an initiative housed within and run by Radio Free Asia (RFA), a premier BBG property that broadcasts into communist countries like North Korea, Vietnam, Laos, China and Myanmar. The BBG endowed Radio Free Asia’s Open Technology Fund with a multimillion dollar budget and a single task: “to fulfill the U.S. Congressional global mandate for Internet freedom.”
  • Here’s a small sample of what the Broadcasting Board of Governors funded (through Radio Free Asia and then through the Open Technology Fund) between 2012 and 2014: Open Whisper Systems, maker of free encrypted text and voice mobile apps like TextSecure and Signal/RedPhone, got a generous $1.35-million infusion. (Facebook recently started using Open Whisper Systems to secure its WhatsApp messages.) CryptoCat, an encrypted chat app made by Nadim Kobeissi and promoted by EFF, received $184,000. LEAP, an email encryption startup, got just over $1 million. LEAP is currently being used to run secure VPN services at RiseUp.net, the radical anarchist communication collective. A Wikileaks alternative called GlobaLeaks (which was endorsed by the folks at Tor, including Jacob Appelbaum) received just under $350,000. The Guardian Project — which makes an encrypted chat app called ChatSecure, as well a mobile version of Tor called Orbot — got $388,500. The Tor Project received over $1 million from OTF to pay for security audits, traffic analysis EFF and set up fast Tor exit nodes in the Middle East and South East Asia.
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    But can we trust them?
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