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John Lemke

Rep. Goodlatte Slips Secret Change Into Phone Unlocking Bill That Opens The DMCA Up For... - 0 views

www.techdirt.com/...t-new-copyright-problems.shtml

2014 unlocking cell phone DMCA copyright Section 1201 technology law legal yourrights writeabout wroteatindienation indienationnews IN-Pub

shared by John Lemke on 25 Feb 14 - No Cached
  • Because of section 1201 of the DMCA, the "anti-circumvention" provision, companies have been abusing copyright law to block all sorts of actions that are totally unrelated to copyright. That's because 1201 makes it illegal to circumvent basically any "technological protection measures." The intent of the copyright maximalists was to use this section to stop people from breaking DRM. However, other companies soon distorted the language to argue that it could be used to block certain actions totally unrelated to copyright law -- such as unlocking garage doors, ink jet cartridges, gaming accessories... and phones
  • Separately, every three years, the Librarian of Congress gets to announce "exemptions" to section 1201 where it feels that things are being locked up that shouldn't be. Back in 2006, one of these exemptions involved mobile phone unlocking.
  • Every three years this exemption was modified a bit, but in 2012, for unexplained reasons, the Librarian of Congress dropped that exemption entirely, meaning that starting in late January of 2013, it was possible to interpret the DMCA to mean that phone unlocking was illegal. In response to this there was a major White House petition -- which got over 100,000 signatures, leading the White House to announce (just weeks later) that it thought unlocking should be legal -- though, oddly, it seemed to place the issue with the FCC to fix, rather than recognizing the problem was with current copyright law.
  • ...2 more annotations...
  • While this gives Goodlatte and other maximalists some sort of plausible deniability that this bill is making no statement one way or the other on bulk unlocking, it certainly very strongly implies that Congress believes bulk unlocking is, in fact, still illegal. And that's massively problematic on any number of levels, in part suggesting that the unlocker's motives in unlocking has an impact on the determination under Section 1201 as to whether or not it's legal. And that's an entirely subjective distinction when a bill seems to assume motives, which makes an already problematic Section 1201 much more problematic. Without that clause, this seemed like a bill that was making it clear that you can't use the DMCA to interfere with an issue that is clearly unrelated to copyright, such as phone unlocking. But with this clause, it suggests that perhaps the DMCA's anti-circumvention clause can be used for entirely non-copyright issues if someone doesn't like the "motive" behind the unlocker.
  • Unfortunately, the bill was deemed so uncontroversial that it's been listed on the suspension calendar of the House, which is where non-controversial bills are put to ensure quick passage. That means that, not only did Goodlatte slip in a significant change to this bill that impacts the entire meaning and intent of the bill long after it went through the committee process (and without informing anyone about it), but he also got it put on the list of non-controversial bills to try to have it slip through without anyone even noticing.
John Lemke

Brazil looks to protect privacy and net neutrality with internet bill of rights | The V... - 0 views

www.theverge.com/...-neutrality-with-internet-bill

brazil indienationnews privacy net neutrality internet bill of rights

shared by John Lemke on 24 Apr 14 - No Cached
  • "The internet you want is only possible in an environment of respect for human rights," Rousseff said in a statement on her website, "especially privacy and freedom of expression."
  • John Lemke on 24 Apr 14
     
    ""The internet you want is only possible in an environment of respect for human rights," Rousseff said in a statement on her website, "especially privacy and freedom of expression.""
John Lemke

The White House Big Data Report: The Good, The Bad, and The Missing | Electronic Fronti... - 0 views

www.eff.org/...ta-report-good-bad-and-missing

2014 EFF mass data indienationnews law technology legal White House report review privacy yourrights notice and consent

shared by John Lemke on 05 May 14 - No Cached
  • the report recognized that email privacy is critical
  • one issue was left conspicuously unaddressed in the report. The Securities and Exchange Commission, the civil agency in charge of protecting investors and ensuring orderly markets, has been advocating for a special exception to the warrant requirement. No agency can or should have a get-out-of-jail-free card for bypassing the Fourth Amendment.
  • the algorithm is only as fair as the data fed into it.
  • ...22 more annotations...
  • the danger of discrimination remains due to the very digital nature of big data
  • especially the elderly, minorities, and the poor
  • an example of this in Boston, which had a pilot program to allow residents to report potholes through a mobile app but soon recognized that the program was inherently flawed because “wealthy people were far more likely to own smart phones and to use the Street Bump app. Where they drove, potholes were found; where they didn’t travel, potholes went unnoted.”
  • The authors of the report agree, recommending that the Privacy Act be extended to all people, not just US persons.
  • metadata (the details associated with your communications, content, or actions, like who you called, or what a file you uploaded file is named, or where you were when you visited a particular website) can expose just as much information about you as the “regular” data it is associated with, so it deserves the same sort of privacy protections as “regular” data.
    • John Lemke
      John Lemke on 05 May 14
       
      What is Metadate... then discuss
  • The report merely recommended that the government look into the issue.
    • John Lemke
      John Lemke on 05 May 14
       
      Did the report give a strong enough recommendation? "looking into" and doing are much different
  • several other government reports have taken a much stronger stance and explicitly stated that metadata deserves the same level of privacy protections as “regular” data.
  • We think the report should have followed the lead of the PCAST report and acknowledged that the distinction between data and metadata is an artificial one, and recommended the appropriate reforms.
    • John Lemke
      John Lemke on 05 May 14
       
      I very strongly agree.  The report failed in this area.
  • the White House suggested advancing the Consumer Privacy Bill of Rights, which includes the idea that “consumers have a right to exercise control over what personal data companies collect from them and how they use it,” as well as “a right to access and correct personal data.”
  • Consumers have a right to know when their data is exposed, whether through corporate misconduct, malicious hackers, or under other circumstances. Recognizing this important consumer safeguard, the report recommends that Congress “should pass legislation that provides a single national data breach standard along the lines of the Administration's May 2011 Cybersecurity legislative proposal.”
  • While at first blush this may seem like a powerful consumer protection, we don’t think that proposal is as strong as existing California law. The proposed federal data breach notification scheme would preempt state notification laws, removing the strong California standard and replacing it with a weaker standard.
    • John Lemke
      John Lemke on 05 May 14
       
      In other words, it failed at what can be done and it would actually lower standards when compared to what California has in place currently.
  • We were particularly disconcerted
  • the Fort Hood shooting by Major Nidal Hasan
    • John Lemke
      John Lemke on 05 May 14
       
      WTF? how did he get in this group?
  • two big concerns
  • First, whistleblowers are simply not comparable to an Army officer who massacres his fellow soldiers
  • Secondly, the real big-data issue at play here is overclassification of enormous quantities of data.
  • Over 1.4 million people hold top-secret security clearances. In 2012, the government classified 95 million documents. And by some estimates, the government controls more classified information than there is in the entire Library of Congress.
    • John Lemke
      John Lemke on 05 May 14
       
      Don't leave this stat out.  More classified documents than LOC documents.  WTF? A "democracy" with more secret documents than public?
  • The report argues that in today’s connected world it’s impossible for consumers to keep up with all the data streams they generate (intentionally or not), so the existing “notice and consent” framework (in which companies must notify and get a user’s consent before collecting data) is obsolete. Instead, they suggest that more attention should be paid to how data is used, rather than how it is collected.
    • John Lemke
      John Lemke on 05 May 14
       
      This is the most troubling part perhaps,  isn't the collection without consent where the breech of privacy begins?
    • John Lemke
      John Lemke on 05 May 14
       
      "notice and consent"
  • An unfortunate premise of this argument is that automatic collection of data is a given
  • While we agree that putting more emphasis on responsible use of big data is important, doing so should not completely replace the notice and consent framework.
  • Despite being a fairly thorough analysis of the privacy implications of big data, there is one topic that it glaringly omits: the NSA’s use of big data to spy on innocent Americans.
    • John Lemke
      John Lemke on 05 May 14
       
      If we ignore it, it will go away?  Did they not just mostly ignore it and accept it as a given for corporations and completely ignore it regarding the government? Pretty gangster move isn't it?
  • Even though the review that led to this report was announced during President Obama’s speech on NSA reform, and even though respondents to the White House’s Big Data Survey “were most wary of how intelligence and law enforcement agencies are collecting and using data about them,” the report itself is surprisingly silent on the issue.2 This is especially confusing given how much the report talks about the need for more transparency in the private sector when it comes to big data. Given that this same logic could well be applied to intelligence big data programs, we don’t understand why the report did not address this vital issue.
John Lemke

Brazil passes an Internet 'Bill of Rights' - San Jose Mercury News - 0 views

www.mercurynews.com/...passes-an-internet-bill-rights

brazil bill of rights internet 2014

shared by John Lemke on 24 Apr 14 - No Cached
  • It also makes Internet service providers not liable for content published by their users and requires them to comply with court orders to remove offensive material.
  • "Our legislation can influence the worldwide debate aimed at finding a way to guarantee real rights in a virtual world,"
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