Group items tagged

CNET has learned a constellation of law enforcement groups has asked the U.S. Senate to require that wireless companies retain that information, warning that the lack of a current federal requirement "can hinder law enforcement investigations." They want an SMS retention requirement to be "considered" during congressional discussions over updating a 1986 privacy law for the cloud computing era -- a move that could complicate debate over the measure and erode support for it among civil libertarians. As the popularity of text messages has exploded in recent years, so has their use in criminal investigations and civil lawsuits. They have been introduced as evidence in armed robbery, cocaine distribution, and wire fraud prosecutions. In one 2009 case in Michigan, wireless provider SkyTel turned over the contents of 626,638 SMS messages, a figure described by a federal judge as "staggering."

Early Monday morning, Foxconn released a statement indicating that the riot started as a personal disagreement between factory workers in a dormitory and was eventually brought under control by police, but this clashes with reports trickling in from users of China's version of Twitter, Sina Weibo. Much like with the situations in Egypt and other Arab Spring countries earlier this year, microbloggers are painting a different picture than the one presented by official sources; numerous Weibo posts indicate that the riots were started not by a fight between workers in off-campus housing, but instead by security guards beating one or more workers nearly to death. Regardless of the cause, pictures leaking out from the scene show some destruction, including broken windows and a toppled guard post building.

Wallace took cellphone pictures and video after the shooting stopped, but he said Mesquite police confiscated the phone and deleted the video and pictures. The phone was returned four days later, he said.

The law states that police need a court order to confiscate a camera unless it was used in a commission of a crime. The only exception is if there are exigent circumstances, such as a strong belief that the witness will destroy the photos, therefore destroying evidence. Under no circumstances do police have the right to delete footage.

You may remember a high-profile, landmark ruling last year in Massachusetts, where charges against Simon Glik -- arrested for violating a state law that said it's "wiretapping" to record a police officer in public without his permission -- weren't just dropped, but the arrest was found to be both a First and Fourth Amendment violation. In the end, Boston was forced to pay Glik $170,000 for violating his civil rights. You would think that story would spread across Massachusetts pretty quickly and law enforcement officials and local district attorneys would recognize that filing similar charges would be a certified bad idea. Not so, apparently, in the town of Shrewsbury. Irving J. Espinosa-Rodrigue was apparently arrested and charged under the very same statute after having a passenger in his car videotape a traffic stop for speeding, and then posting the video on YouTube. Once again, the "issue" is that Massachusetts is a "two-party consent" state, whereby an audio recording can't be done without first notifying the person being recorded, or its deemed a "wiretap." This interpretation, especially when dealing with cops in public, is flat-out ridiculous and unconstitutional, as the Glik ruling showed.

Apparently part of the issue for the original filing to reveal this information was that some copyright holders are getting antsy that as the case drags on, they won't also be able to file civil cases against Megaupload before the three-year statute of limitations expires. However, as Megaupload's lawyers point out, there is no urgency here since the government itself made no move to share this information over the past two years. If it really wanted to share the information it had ample time to make the request and allow Megaupload's lawyers to review and take part in the process, rather than trying to route around them entirely. I'm guessing the recent successes against IsoHunt and Hotfile may have contributed to the timing as well. The MPAA pretty clearly thinks it can use those two cases to go after Megaupload as well, outside of the criminal case which will continue.

The FBI has an elite hacker team that creates customized malware to identify or monitor high-value suspects who are adept at covering their tracks online, according to a published report.

Jeffrey Kantor, who was fired by Appian Corporation, sued a host of government officials, including Attorney General Eric Holder, Director of National Intelligence James Clapper, CIA Director John Brennan, Defense Secretary Chuck Hagel and Secretary of State John Kerry in Federal Court, alleging civil rights violations, disclosure of private information and retaliation… He also sued Secretary of Energy Ernest Moniz, Acting Secretary of Homeland Security Rand Beers, Treasury Secretary Jacob Lew, EPA Administrator Regina McCarthy and U.S. Office of Personnel Management Director Katherine Archuleta.

"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."

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.

Officer Hatch spent most of his time trying to talk Zullo into allowing him to search the vehicle without a warrant. Hatch seemed to be convinced that Zullo was involved with the heroin traffickers he was searching for. Hatch tried everything, including lying.

nvolving six high schools in the state’s second-largest school district follows a sick-out from teachers that shut down two high schools in the politically and economically diverse area that has become a key political battleground.

organized by word of mouth and social media.

The European Space Agency's satellite array dubbed “Swarm” revealed that Earth's magnetic field is weakening 10 times faster than previously thought, decreasing in strength about 5 percent a decade rather than 5 percent a century. A weakening magnetic field may indicate an impending reversal, which scientists predict could begin in less than 2,000 years. Magnetic north itself appears to be moving toward Siberia.

There is a good chance the weakening magnetic field that the Swarm satellites observed will not lead to a full flip. Indeed, Glatzmaier notes that there have been several false starts over geologic history. The intensity of Earth's magnetic field, though waning, now equals its average strength over millions of years. The field would need to weaken at its current rate for around 2,000 years before the reversal process actually begins.

It is hard to know how a geomagnetic reversal would impact our modern-day civilization, but it is unlikely to spell disaster. Although the field provides essential protection from the sun's powerful radiation, fossil records reveal no mass extinctions or increased radiation damage during past reversals. A flip could possibly interfere with power grids and communications systems—external magnetic field disturbances have burned out transformers and caused blackouts in the past. But Glatzmaier is not worried. “A thousand years from now we probably won't have power lines,” he says. “We'll have advanced so much that we'll almost certainly have the technology to cope with a magnetic-field reversal.”

The practice contradicted what Mr. Verrilli had told the Supreme Court last year in a case challenging the law, the FISA Amendments Act of 2008. Legalizing a form of the Bush administration’s program of warrantless surveillance, the law authorized the government to wiretap Americans’ e-mails and phone calls without an individual court order and on domestic soil so long as the surveillance is “targeted” at a foreigner abroad. A group of plaintiffs led by Amnesty International had challenged the law as unconstitutional. But Mr. Verrilli last year urged the Supreme Court to dismiss the case because those plaintiffs could not prove that they had been wiretapped. In making that argument, he said a defendant who faced evidence derived from the law would have proper legal standing and would be notified, so dismissing the lawsuit by Amnesty International would not close the door to judicial review of the 2008 law. The court accepted that logic, voting 5-to-4 to dismiss the case. In a statement, Patrick Toomey, staff attorney with the American Civil Liberties Union, which had represented Amnesty International and the other plaintiffs, hailed the move but criticized the Justice Department’s prior practice.

Still, it remains unclear how many other cases — including closed matters in which convicts are already service prison sentences — involved evidence derived from warrantless wiretapping in which the National Security Division did not provide full notice to defendants, nor whether the department will belatedly notify them. Such a notice could lead to efforts to reopen those cases.