Future of the Web

The Supreme Court on Friday handed down what is arguably the most consequential privacy decision of the digital age, ruling that police need a warrant before they can seize people’s sensitive location information stored by cellphone companies. The case specifically concerns the privacy of cellphone location data, but the ruling has broad implications for government access to all manner of information collected about people and stored by the purveyors of popular technologies. In its decision, the court rejects the government’s expansive argument that people lose their privacy rights merely by using those technologies. Carpenter v. U.S., which was argued by the ACLU, involves Timothy Carpenter, who was convicted in 2013 of a string of burglaries in Detroit. To tie Carpenter to the burglaries, FBI agents obtained — without seeking a warrant — months’ worth of his location information from Carpenter’s cellphone company. They got almost 13,000 data points tracking Carpenter’s whereabouts during that period, revealing where he slept, when he attended church, and much more. Indeed, as Chief Justice John Roberts wrote in Friday’s decision, “when the Government tracks the location of a cell phone it achieves near perfect surveillance, as if it had attached an ankle monitor to the phone’s user.”.

The ACLU argued the agents had violated Carpenter’s Fourth Amendment rights when they obtained such detailed records without a warrant based on probable cause. In a decision written by Chief Justice John Roberts, the Supreme Court agreed, recognizing that the Fourth Amendment must apply to records of such unprecedented breadth and sensitivity: Mapping a cell phone’s location over the course of 127 days provides an all-encompassing record of the holder’s whereabouts. As with GPS information, the timestamped data provides an intimate window into a person’s life, revealing not only his particular movements, but through them his ‘familial, political, professional, religious, and sexual associations.’

The government’s argument that it needed no warrant for these records extends far beyond cellphone location information, to any data generated by modern technologies and held by private companies rather than in our own homes or pockets. To make their case, government lawyers relied on an outdated, 1970s-era legal doctrine that says that once someone shares information with a “third party” — in Carpenter’s case, a cellphone company — that data is no longer protected by the Fourth Amendment. The Supreme Court made abundantly clear that this doctrine has its limits and cannot serve as a carte blanche for the government seizure of any data of its choosing without judicial oversight.

Several prominent figures, including Web inventor Tim Berners-Lee, warned the EU Parliament that its proposed censorship measure would begin transforming the Internet from an open platform for sharing and innovation, into a tool for the automated surveillance and control of its users.

For much of the year, independent media has felt the sting of increased social media censorship, as the “revolving door” between U.S. intelligence agencies and social-media companies has manifested in a crackdown on news that challenges official government narratives. With many notable independent news websites having shut down since then as a result, those that remain afloat are being censored like never before, with social media traffic from Facebook and Twitter completely cut off in some cases. Among such websites, social media censorship by the most popular social networks is now widely regarded to be the worst it has ever been – a chilling reality for any who seek fact-based perspectives on major world events that differ from those to be found on well-known corporate-media outlets that consistently toe the government line. Last August, MintPress reported that a new Google algorithm targeting “fake news” had quashed traffic to many independent news and advocacy sites, with sites such as the American Civil Liberties Union, Democracy Now, and WikiLeaks, seeing their returns from Google searches experience massive drops. The World Socialist Website, one of the affected pages, reported a 67 percent decrease in Google returns while MintPress experienced an even larger decrease of 76 percent in Google search returns. The new algorithm targeted online publications on__gaT

Military planners should not anticipate that the United States will ever dominate cyberspace, the Joint Chiefs of Staff said in a new doctrinal publication. The kind of supremacy that might be achievable in other domains is not a realistic option in cyber operations. “Permanent global cyberspace superiority is not possible due to the complexity of cyberspace,” the DoD publication said. In fact, “Even local superiority may be impractical due to the way IT [information technology] is implemented; the fact US and other national governments do not directly control large, privately owned portions of cyberspace; the broad array of state and non-state actors; the low cost of entry; and the rapid and unpredictable proliferation of technology.” Nevertheless, the military has to make do under all circumstances. “Commanders should be prepared to conduct operations under degraded conditions in cyberspace.” This sober assessment appeared in a new edition of Joint Publication 3-12, Cyberspace Operations, dated June 8, 2018. (The 100-page document updates and replaces a 70-page version from 2013.) The updated DoD doctrine presents a cyber concept of operations, describes the organization of cyber forces, outlines areas of responsibility, and defines limits on military action in cyberspace, including legal limits.

The new cyber doctrine reiterates the importance and the difficulty of properly attributing cyber attacks against the US to their source. “The ability to hide the sponsor and/or the threat behind a particular malicious effect in cyberspace makes it difficult to determine how, when, and where to respond,” the document said. “The design of the Internet lends itself to anonymity and, combined with applications intended to hide the identity of users, attribution will continue to be a challenge for the foreseeable future.”

Internet censors have a new strategy in their bid to block applications and websites: pressuring the large cloud providers that host them. These providers have concerns that are much broader than the targets of censorship efforts, so they have the choice of either standing up to the censors or capitulating in order to maximize their business. Today’s internet largely reflects the dominance of a handful of companies behind the cloud services, search engines and mobile platforms that underpin the technology landscape. This new centralization radically tips the balance between those who want to censor parts of the internet and those trying to evade censorship. When the profitable answer is for a software giant to acquiesce to censors' demands, how long can internet freedom last? The recent battle between the Russian government and the Telegram messaging app illustrates one way this might play out. Russia has been trying to block Telegram since April, when a Moscow court banned it after the company refused to give Russian authorities access to user messages. Telegram, which is widely used in Russia, works on both iPhone and Android, and there are Windows and Mac desktop versions available. The app offers optional end-to-end encryption, meaning that all messages are encrypted on the sender's phone and decrypted on the receiver's phone; no part of the network can eavesdrop on the messages. Since then, Telegram has been playing cat-and-mouse with the Russian telecom regulator Roskomnadzor by varying the IP address the app uses to communicate. Because Telegram isn't a fixed website, it doesn't need a fixed IP address. Telegram bought tens of thousands of IP addresses and has been quickly rotating through them, sta

That didn't take long. Securus -- you know, that company that lets cops track phones in real time with what amounts to a "pinky promise," according to US Sen. Ron Wyden -- has reportedly been hacked.The hacker, according to Motherboard, was able to get away with, at a minimum, a spreadsheet containing 2,800 logins and poorly encrypted passwords, some of which had already been cracked. Motherboard says it tested a number of logins to corroborate the hacker's story.Securus on Friday confirmed in a statement that "a subset of certain non-consumer administrative user account information (e.g., usernames, email addresses, and phone numbers) had been unlawfully accessed" and said it's launched an investigation into the breach. It's found no evidence that the breach is related to its location-based services, but it's disabled location-based data in the meantime "in an abundance of caution."Last Thursday, The New York Times revealed that Securus Technologies, which monitors calls to US prison inmates, has been used by a former Missouri sheriff to monitor people's phones and track their location. Wyden has called on federal authorities to investigate the company and its practices as they relate to people's privacy.

The digital privacy world was rocked late Thursday evening when The New York Times reported on Securus, a prison telecom company that has a service enabling law enforcement officers to locate most American cell phones within seconds. The company does this via a basic Web interface leveraging a location API—creating a way to effectively access a massive real-time database of cell-site records. Securus’ location ability relies on other data brokers and location aggregators that obtain that information directly from mobile providers, usually for the purposes of providing some commercial service like an opt-in product discount triggered by being near a certain location. ("You’re near a Carl’s Jr.! Stop in now for a free order of fries with purchase!") The Texas-based Securus reportedly gets its data from 3CInteractive, which in turn buys data from LocationSmart. Ars reached 3CInteractive's general counsel, Scott Elk, who referred us to a spokesperson. The spokesperson did not immediately respond to our query. But currently, anyone can get a sense of the power of a location API by trying out a demo from LocationSmart itself. Currently, the Supreme Court is set to rule on the case of Carpenter v. United States, which asks whether police can obtain more than 120 days' worth of cell-site location information of a criminal suspect without a warrant. In that case, as is common in many investigations, law enforcement presented a cell provider with a court order to obtain such historical data. But the ability to obtain real-time location data that Securus reportedly offers skips that entire process, and it's potentially far more invasive. Securus’ location service as used by law enforcement is also currently being scrutinized. The service is at the heart of an ongoing federal prosecution of a former Missouri sheriff’s deputy who allegedly used it at least 11 times against a judge and other law enforcement officers. On Friday, Sen. Ron Wyden (D-Ore.) publicly released his formal letters to AT&T and also to the Federal Communications Commission demanding detailed answers regarding these Securus revelations.

Why did the internet freedom agenda fail? Goldsmith’s essay tees up, but does not fully explore, a range of explanatory hypotheses. The most straightforward have to do with unrealistic expectations and unintended consequences. The idea that a minimally regulated internet would usher in an era of global peace, prosperity, and mutual understanding, Goldsmith tells us, was always a fantasy. As a project of democracy and human rights promotion, the internet freedom agenda was premised on a wildly overoptimistic view about the capacity of information flows, on their own, to empower oppressed groups and effect social change. Embracing this market-utopian view led the United States to underinvest in cybersecurity, social media oversight, and any number of other regulatory tools. In suggesting this interpretation of where U.S. policymakers and their civil society partners went wrong, Goldsmith’s essay complements recent critiques of the neoliberal strains in the broader human rights and transparency movements. Perhaps, however, the internet freedom agenda has faltered not because it was so naïve and unrealistic, but because it was so effective at achieving its realist goals. The seeds of this alternative account can be found in Goldsmith’s concession that the commercial non-regulation principle helped companies like Apple, Google, Facebook, and Amazon grab “huge market share globally.” The internet became an increasingly valuable cash cow for U.S. firms and an increasingly potent instrument of U.S. soft power over the past two decades; foreign governments, in due course, felt compelled to fight back. If the internet freedom agenda is understood as fundamentally a national economic project, rather than an international political or moral crusade, then we might say that its rem

The U.S. Department of Homeland Security (DHS) is quietly building what will likely become the largest database of biometric and biographic data on citizens and foreigners in the United States. The agency’s new Homeland Advanced Recognition Technology (HART) database will include multiple forms of biometrics—from face recognition to DNA, data from questionable sources, and highly personal data on innocent people. It will be shared with federal agencies outside of DHS as well as state and local law enforcement and foreign governments. And yet, we still know very little about it.The records DHS plans to include in HART will chill and deter people from exercising their First Amendment protected rights to speak, assemble, and associate. Data like face recognition makes it possible to identify and track people in real time, including at lawful political protests and other gatherings. Other data DHS is planning to collect—including information about people’s “relationship patterns” and from officer “encounters” with the public—can be used to identify political affiliations, religious activities, and familial and friendly relationships. These data points are also frequently colored by conjecture and bias.

DHS currently collects a lot of data. Its legacy IDENT fingerprint database contains information on 220-million unique individuals and processes 350,000 fingerprint transactions every day. This is an exponential increase from 20 years ago when IDENT only contained information on 1.8-million people. Between IDENT and other DHS-managed databases, the agency manages over 10-billion biographic records and adds 10-15 million more each week.

DHS’s new HART database will allow the agency to vastly expand the types of records it can collect and store. HART will support at least seven types of biometric identifiers, including face and voice data, DNA, scars and tattoos, and a blanket category for “other modalities.” It will also include biographic information, like name, date of birth, physical descriptors, country of origin, and government ID numbers. And it will include data we know to by highly subjective, including information collected from officer “encounters” with the public and information about people’s “relationship patterns.”

acebook plans to build a data center in Utah on a 490-acre site, the social media company and government officials announced on Wednesday.Continue Reading BelowThe Eagle Mountain, Utah, facility will be 970,000 square feet and located about 15 miles south of a National Security Agency data center in Bluffdale, Utah.

Mark Zuckerberg faces allegations that he developed a “malicious and fraudulent scheme” to exploit vast amounts of private data to earn Facebook billions and force rivals out of business. A company suing Facebook in a California court claims the social network’s chief executive “weaponised” the ability to access data from any user’s network of friends – the feature at the heart of the Cambridge Analytica scandal. A legal motion filed last week in the superior court of San Mateo draws upon extensive confidential emails and messages between Facebook senior executives including Mark Zuckerberg. He is named individually in the case and, it is claimed, had personal oversight of the scheme. Facebook rejects all claims, and has made a motion to have the case dismissed using a free speech defence.

It claims the first amendment protects its right to make “editorial decisions” as it sees fit. Zuckerberg and other senior executives have asserted that Facebook is a platform not a publisher, most recently in testimony to Congress.

Heather Whitney, a legal scholar who has written about social media companies for the Knight First Amendment Institute at Columbia University, said, in her opinion, this exposed a potential tension for Facebook. “Facebook’s claims in court that it is an editor for first amendment purposes and thus free to censor and alter the content available on its site is in tension with their, especially recent, claims before the public and US Congress to be neutral platforms.” The company that has filed the case, a former startup called Six4Three, is now trying to stop Facebook from having the case thrown out and has submitted legal arguments that draw on thousands of emails, the details of which are currently redacted. Facebook has until next Tuesday to file a motion requesting that the evidence remains sealed, otherwise the documents will be made public.

Apart from the man himself, perhaps nothing has defined President Trump’s political persona more than Twitter.But on Wednesday, one of Mr. Trump’s Twitter habits — his practice of blocking critics on the service, preventing them from engaging with his account — was declared unconstitutional by a federal judge in Manhattan.Judge Naomi Reice Buchwald, addressing a novel issue about how the Constitution applies to social media platforms and public officials, found that the president’s Twitter feed is a public forum. As a result, she ruled that when Mr. Trump or an aide blocked seven plaintiffs from viewing and replying to his posts, he violated the First Amendment.If the principle undergirding Wednesday’s ruling in Federal District Court stands, it is likely to have implications far beyond Mr. Trump’s feed and its 52 million followers, said Jameel Jaffer, the Knight First Amendment Institute’s executive director and the counsel for the plaintiffs. Public officials throughout the country, from local politicians to governors and members of Congress, regularly use social media platforms like Twitter and Facebook to interact with the public about government business.

A company by the name of LocationSmart isn't having a particularly good month. The company recently received all the wrong kind of attention when it was caught up in a privacy scandal involving the nation's wireless carriers and our biggest prison phone monopoly. Like countless other companies and governments, LocationSmart buys your wireless location data from cell carriers. It then sells access to that data via a portal that can provide real-time access to a user's location via a tailored graphical interface using just the target's phone number.

Theoretically, this functionality is sold under the pretense that the tool can be used to track things like drug offenders who have skipped out of rehab. And ideally, all the companies involved were supposed to ensure that data lookup requests were accompanied by something vaguely resembling official documentation. But a recent deep dive by the New York Times noted how the system was open to routine abuse by law enforcement, after a Missouri Sherrif used the system to routinely spy on Judges and fellow law enforcement officers without much legitimate justification (or pesky warrants): "The service can find the whereabouts of almost any cellphone in the country within seconds. It does this by going through a system typically used by marketers and other companies to get location data from major cellphone carriers, including AT&T, Sprint, T-Mobile and Verizon, documents show. Between 2014 and 2017, the sheriff, Cory Hutcheson, used the service at least 11 times, prosecutors said. His alleged targets included a judge and members of the State Highway Patrol. Mr. Hutcheson, who was dismissed last year in an unrelated matter, has pleaded not guilty in the surveillance cases." It was yet another example of the way nonexistent to lax consumer privacy laws in the States (especially for wireless carriers) routinely come back to bite us. But then things got worse.

Driven by curiousity in the wake of the Times report, a PhD student at Carnegie Mellon University by the name of Robert Xiao discovered that the "try before you buy" system used by LocationSmart to advertise the cell location tracking system contained a bug, A bug so bad that it exposed the data of roughly 200 million wireless subscribers across the United States and Canada (read: nearly everybody). As we see all too often, the researcher highlighted how the security standards in place to safeguard this data were virtually nonexistent: "Due to a very elementary bug in the website, you can just skip that consent part and go straight to the location," said Robert Xiao, a PhD student at the Human-Computer Interaction Institute at Carnegie Mellon University, in a phone call. "The implication of this is that LocationSmart never required consent in the first place," he said. "There seems to be no security oversight here."

n a new project Facebook insists is a completely objective and nonpartisan effort to root out what it deems "disinformation," the social media giant announced on Thursday that it is partnering with the Atlantic Council—a prominent Washington-based think-tank funded by Saudi Arabia, major oil companies, defense contractors, and Charles Koch—to prevent its platform from "being abused during elections." "This is alarming," independent journalist Rania Khalek concluded in a tweet on Thursday. "The Atlantic Council—which is funded by gulf monarchies, western governments, NATO, oil and weapons companies, etc.—will now assist Facebook in suppressing what they decide is disinformation." According to its statement announcing the initiative, Facebook will "use the Atlantic Council's Digital Research Unit Monitoring Missions during elections and other highly sensitive moments."

While Facebook's statement fawned over the Atlantic Council's "stellar reputation," critics argued that the organization's reliance on donations from foreign oil monarchies and American plutocrats puts the lie to the project's stated mission of shielding the democratic process from manipulation and abuse. "Monopoly social media corporations teaming up with [the] pro-U.S. NatSec blob to determine truth was always the logical end of 'fake news' panic," Adam Johnson, a contributor at Fairness and Accuracy in Reporting (FAIR), argued on Twitter in response to Facebook's announcement.

According to a New York Times report from 2014, the Atlantic Council has received donations from at least 25 foreign nations since 2008, including the United Kingdom, Qatar, the United Arab Emirates, and Saudi Arabia.

The opening panel of the Stigler Center’s annual antitrust conference discussed the source of digital platforms’ power and what, if anything, can be done to address the numerous challenges their ability to shape opinions and outcomes present. 

Google CEO Sundar Pichai caused a worldwide sensation earlier this week when he unveiled Duplex, an AI-driven digital assistant able to mimic human speech patterns (complete with vocal tics) to such a convincing degree that it managed to have real conversations with ordinary people without them realizing they were actually talking to a robot.   While Google presented Duplex as an exciting technological breakthrough, others saw something else: a system able to deceive people into believing they were talking to a human being, an ethical red flag (and a surefire way to get to robocall hell). Following the backlash, Google announced on Thursday that the new service will be designed “with disclosure built-in.” Nevertheless, the episode created the impression that ethical concerns were an “after-the-fact consideration” for Google, despite the fierce public scrutiny it and other tech giants faced over the past two months. “Silicon Valley is ethically lost, rudderless and has not learned a thing,” tweeted Zeynep Tufekci, a professor at the University of North Carolina at Chapel Hill and a prominent critic of tech firms.   The controversial demonstration was not the only sign that the global outrage has yet to inspire the profound rethinking critics hoped it would bring to Silicon Valley firms. In Pichai’s speech at Google’s annual I/O developer conference, the ethical concerns regarding the company’s data mining, business model, and political influence were briefly addressed with a general, laconic statement: “The path ahead needs to be navigated carefully and deliberately and we feel a deep sense of responsibility to get this right.”

Google’s fellow FAANGs also seem eager to put the “techlash” of the past two years behind them. Facebook, its shares now fully recovered from the Cambridge Analytica scandal, is already charging full-steam ahead into new areas like dating and blockchain.   But the techlash likely isn’t going away soon. The rise of digital platforms has had profound political, economic, and social effects, many of which are only now becoming apparent, and their sheer size and power makes it virtually impossible to exist on the Internet without using their services. As Stratechery’s Ben Thompson noted in the opening panel of the Stigler Center’s annual antitrust conference last month, Google and Facebook—already dominating search and social media and enjoying a duopoly in digital advertising—own many of the world’s top mobile apps. Amazon has more than 100 million Prime members, for whom it is usually the first and last stop for shopping online.   Many of the mechanisms that allowed for this growth are opaque and rooted in manipulation. What are those mechanisms, and how should policymakers and antitrust enforcers address them? These questions, and others, were the focus of the Stigler Center panel, which was moderated by the Economist’s New York bureau chief, Patrick Foulis.

Four of the country's largest cellular providers have been selling your real-time location information, allowing a Texas-based prison technology company, Securus, to track any phone "within seconds," without a warrant.  The system uses data sold by AT&T, Sprint, T-Mobile, Verizon and other carriers - who provide it through an intermediary called LocationSmart.  The service can find the whereabouts of almost any cellphone in the country within seconds. It does this by going through a system typically used by marketers and other companies to get location data from major cellphone carriers, including AT&T, Sprint, T-Mobile and Verizon, documents show. -New York Times Last week Sen. Ron Wyden (D-OR) sent a letter to the FCC demanding an investigation into Securus, after the New York Times revealed that former Mississippi County sheriff Cory Hutcheson used the service almost a dozen time to track the phones of other officers, and even targeted a judge. 

The US Senate today voted to reverse the Federal Communications Commission's repeal of net neutrality rules, with all members of the Democratic caucus and three Republicans voting in favor of net neutrality. The Senate approved a Congressional Review Act (CRA) resolution that would simply undo the FCC's December 2017 vote to deregulate the broadband industry. If the CRA is approved by the House and signed by President Trump, Internet service providers would have to continue following rules that prohibit blocking, throttling, and paid prioritization.

Democrats face much longer odds in the House, where Republicans hold a 236-193 majority. Republicans have a slim majority in the Senate, but Sen. Susan Collins (R-Maine), Sen. John Kennedy (R-La.), and Sen. Lisa Murkowski (R-Alaska) broke ranks in order to support net neutrality and common carrier regulation of broadband providers. The vote was 52-47.

One of the few positive things in the ill-named USA FREEDOM Act, enacted in 2015 after the Snowden revelations on NSA domestic spying, is that it required the Director of National Intelligence to regularly report on its domestic surveillance activities. On Friday, the latest report was released on just how much our own government is spying on us. The news is not good at all if you value freedom over tyranny.According to the annual report, named the Statistical Transparency Report Regarding Use of National Security Authorities, the US government intercepted and stored information from more than a half-billion of our telephone calls and text messages in 2017. That is a 300 percent increase from 2016. All of these intercepts were “legal” under the Foreign Intelligence Surveillance Act (FISA), which is ironic because FISA was enacted to curtail the Nixon-era abuse of surveillance on American citizens.Has the US government intercepted your phone calls and/or text messages? You don’t know, which is why the surveillance state is so evil. Instead of assuming your privacy is protected by the US Constitution, you must assume that the US government is listening in to your communications. The difference between these is the difference between freedom and tyranny. The ultimate triumph of totalitarian states was not to punish citizens for opposing its tyranny, but to successfully cause them to censor themselves before even expressing “subversive” thoughts.

Over the last two years, researchers in China and the United States have begun demonstrating that they can send hidden commands that are undetectable to the human ear to Apple’s Siri, Amazon’s Alexa and Google’s Assistant. Inside university labs, the researchers have been able to secretly activate the artificial intelligence systems on smartphones and smart speakers, making them dial phone numbers or open websites. In the wrong hands, the technology could be used to unlock doors, wire money or buy stuff online — simply with music playing over the radio.

Researchers can now send secret audio instructions undetectable to the human ear to Apple’s Siri, Amazon’s Alexa and Google’s Assistant.

he National Security Agency (NSA) collected over 530 million phone records of Americans in 2017—that's three times the amount the spy agency sucked up in 2016. The figures were released Friday in an annual report from the Office of the Director of National Intelligence (ODNI). It shows that the number of "call detail records" the agency collected from telecommunications providers during Trump's first year in office was 534 million, compared to 151 million the year prior. "The intelligence community's transparency has yet to extend to explaining dramatic increases in their collection," said Robyn Greene, policy counsel at the Open Technology Institute. The content of the calls itself is not collected but so-called "metadata," which, as Gizmodo notes, "is supposedly anonymous, but it can easily be used to identify an individual. The information can also be paired with other publicly available information from social media and other sources to paint a surprisingly detailed picture of a person's life." The report also revealed that the agency, using its controversial Section 702 authority, increased the number of foreign targets of warrantless surveillance. It was 129,080 in 2017 compared to 106,469 in 2016. As digital rights group EFF noted earlier this year, Under Section 702, the NSA collects billions of communications, including those belonging to innocent Americans who are not actually targeted. These communications are then placed in databases that other intelligence and law enforcement agencies can access—for purposes unrelated to national security—without a warrant or any judicial review. "Overall," Jake Laperruque, senior counsel at the Project On Government Oversight, said to ZDNet, "the numbers show that the scale of warrantless surveillance is growing at a significant rate, but ODNI still won't tell Americans how much it affects them."