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John Lemke

Mega Goes Legal, Issues Ultimatum Over Cyberlocker Report | TorrentFreak - 0 views

  • Mega was founded by Kim Dotcom but the site bears little resemblance to his now defunct Megaupload. Perhaps most importantly, Mega was the most-scrutinized file-hosting startup ever, so every single detail simply had to be squeaky clean. As a result the site took extensive legal advice to ensure that it complies with every single facet of the law. Nevertheless, NetNames took the decision to put Mega in its report anyway, bundling the site in with what are described as some of the market’s most dubious players. This was not received well by Mega CEO Graham Gaylard. In a TorrentFreak article he demanded a full apology from NetNames and Digital Citizens Alliance and for his company to be withdrawn from the report. Failure to do so would result in “further action”, he said.
  • “Mega’s legal counsel has written to NetNames, Digital Citizens Alliance and The Internet Technology & Innovation Foundation (ITIF) stating that the report is clearly defamatory,” Mega CEO Graham Gaylard told TorrentFreak this morning.
  • Firstly, Mega’s legal team are now demanding the removal of the report, and all references to it, from all channels under the respondents’ control. They also demand that further circulation of the report must be discontinued and no additional references to it should be made in public.
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  • also demanding a list of everyone who has had a copy of the report made available to them along with details of all locations where the report has been published.
  • Finally, Mega is demanding a full public apology “to its satisfaction” to be published on the homepages of the respondents’ websites.
  • Mega has given the companies seven days to comply with the above requests.
John Lemke

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

  • 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.
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  • 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

New Zealand Launched Mass Surveillance Project While Publicly Denying It - The Intercept - 0 views

  • Documents provided by NSA whistleblower Edward Snowden show that the government worked in secret to exploit a new internet surveillance law enacted in the wake of revelations of illegal domestic spying to initiate a new metadata collection program that appeared designed to collect information about the communications of New Zealanders.
  • Those actions are in direct conflict with the assurances given to the public by Prime Minister John Key (pictured above), who said the law was merely designed to fix “an ambiguous legal framework” by expressly allowing the agency to do what it had done for years, that it “isn’t and will never be wholesale spying on New Zealanders,” and the law “isn’t a revolution in the way New Zealand conducts its intelligence operations.”
  • Snowden explained that “at the NSA, I routinely came across the communications of New Zealanders in my work with a mass surveillance tool we share with GCSB, called ‘X KEYSCORE.”" He further detailed that “the GCSB provides mass surveillance data into XKEYSCORE. They also provide access to the communications of millions of New Zealanders to the NSA at facilities such as the GCSB facility in Waihopai, and the Prime Minister is personally aware of this fact.”
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  • Top secret documents provided by the whistleblower demonstrate that the GCSB, with ongoing NSA cooperation, implemented Phase I of the mass surveillance program code-named “Speargun” at some point in 2012
  • Over the weekend, in anticipation of this report, Key admitted for the first time that the GCSB did plan a program of mass surveillance aimed at his own citizens, but claimed that he ultimately rejected the program before implementation. Yesterday, after The Intercept sought comment from the NSA, the Prime Minister told reporters in Auckland that this reporting was referring merely to “a proposed widespread cyber protection programme that never got off the ground.” He vowed to declassify documents confirming his decision.
  • That legislation arose after it was revealed in 2012 that the GCSB illegally surveilled the communications of Megaupload founder Kim Dotcom, a legal resident of New Zealand. New Zealand law at the time forbade the GCSB from using its surveillance apparatus against citizens or legal residents. That illegal GCSB surveillance of Dotcom was followed by a massive military-style police raid by New Zealand authorities on his home in connection with Dotcom’s criminal prosecution in the United States for copyright violations. A subsequent government investigation found that the GCSB not only illegally spied on Dotcom but also dozens of other citizens and legal residents. The deputy director of GCSB resigned. The government’s response to these revelations was to refuse to prosecute those who ordered the illegal spying and, instead, to propose a new law that would allow domestic electronic surveillance.
    • John Lemke
       
      The Dotcom raid was ruled illegal.  Yet the Dotcom spying was exactly the type of activity of this plan.
  • n high-level discussions between the Key government and the NSA, the new law was clearly viewed as the crucial means to empower the GCSB to engage in metadata surveillance. On more than one occasion, the NSA noted internally that Project Speargun, in the process of being implemented, could not and would not be completed until the new law was enacted.
John Lemke

Personal file-sharing is legal in Portugal, prosecutor says | Ars Technica - 0 views

  • Portugese prosecutors have declined to press charges against individuals accused of file sharing
  • “From a legal point of view, while taking into account that users are both uploaders and downloaders in these file-sharing networks, we see this conduct as lawful, even when it’s considered that the users continue to share once the download is finished.” The prosecutor adds that the right to education, culture, and freedom of expression on the Internet should not be restricted in cases where the copyright infringements are clearly non-commercial. In addition, the order notes that an IP-address is not a person.
John Lemke

Snowden: I raised NSA concerns internally over 10 times before going rogue - 0 views

  • Snowden wrote that he reported policy or legal issues related to spying programs to more than 10 officials, but as a contractor he had no legal avenue to pursue further whistleblowing.
  • Yes. I had reported these clearly problematic programs to more than ten distinct officials, none of whom took any action to address them. As an employee of a private company rather than a direct employee of the US government, I was not protected by US whistleblower laws, and I would not have been protected from retaliation and legal sanction for revealing classified information about lawbreaking in accordance with the recommended process.
  • lsewhere in his testimony, Snowden described the reaction he received when relating his concer
John Lemke

DNA from maggot guts used to identify corpse in criminal case | Ars Technica - 0 views

  • It had already been suggested by other researchers that the gastrointestinal contents of maggots could be used to identify the subjects they feed on. However, never before has the theory been trialed in a legal, criminal case. Pathologists at Autonomous University of Nuevo León in San Nicolás, Mexico, led by María de Lourdes Chávez-Briones and Marta Ortega-Martínez, carried out short tandem repeat typing tests (a common method of DNA profiling) on the matter extracted from three dissected maggots found on the victim's face and neck, and separately on the alleged father of the missing woman. Preliminary results showed that the body was female, and the final outcome was a 99.685 percent probability of positive paternity—the victim had been identified.
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    "It had already been suggested by other researchers that the gastrointestinal contents of maggots could be used to identify the subjects they feed on. However, never before has the theory been trialed in a legal, criminal case. Pathologists at Autonomous University of Nuevo León in San Nicolás, Mexico, led by María de Lourdes Chávez-Briones and Marta Ortega-Martínez, carried out short tandem repeat typing tests (a common method of DNA profiling) on the matter extracted from three dissected maggots found on the victim's face and neck, and separately on the alleged father of the missing woman. Preliminary results showed that the body was female, and the final outcome was a 99.685 percent probability of positive paternity-the victim had been identified."
John Lemke

Why The Copyright Industry Is Doomed, In One Single Sentence | TorrentFreak - 0 views

  • In order to prevent copyright monopoly violations from happening in such channels, the only means possible is to wiretap all private digital communications to discover when copyrighted works are being communicated. As a side effect, you would eliminate private communications as a concept. There is no way to sort communications into legal and illegal without breaching the postal secret – the activity of sorting requires observation.
  • Therefore, as a society, we are at a crossroads where we can make a choice between privacy and the ability to communicate in private, with all the other things that depend on that ability (like whistleblower protections and freedom of the press), or a distribution monopoly for a particular entertainment industry. These two have become mutually exclusive and cannot coexist, which is also why you see the copyright industry lobbying so hard for more surveillance, wiretapping, tracking, and data retention (they understand this perfectly).
  • Any digital, private communications channel can be used for private protected correspondence, or to transfer works that are under copyright monopoly. In order to prevent copyright monopoly violations from happening in such channels, the only means possible is to wiretap all private digital communications to discover when copyrighted works are being communicated. As a side effect, you would eliminate private communications as a concept. There is no way to sort communications into legal and illegal without breaching the postal secret – the activity of sorting requires observation.
John Lemke

Comcast Declares War on Tor? - Deep Dot Web - 0 views

  • Comcast agents have contacted customers using Tor and instructed them to stop using the browser or risk termination of service. A Comcast agent named Jeremy allegedly called Tor an “illegal service.” The Comcast agent told its customer that such activity is against usage policies.
  • Users who try to use anonymity, or cover themselves up on the internet, are usually doing things that aren’t so-to-speak legal. We have the right to terminate,   fine, or suspend your account at anytime due to you violating the rules. Do you have any other questions? Thank you for contacting Comcast, have a great day.
  • Comcast previously corroborated with the FBI by providing information on alleged Silk Road mastermind Ross Ulbricht’s internet usage. Ulbricht’s legal defense without a warrant. Ulbricht was most certainly never given a warning by Comcast or given time to contact a lawyer before he was arrested in a San Francisco library last October. Comcast already monitors its customers internet usage to prevent them from downloading pirated media in violation of copyright laws. Under the “Six Strikes” plan, Comcast customers who are caught by Comcast pirating copy-written material are emailed by Comcast and told to cease the activity. Comcast will continue monitoring them, and if they violate the “Six Strikes” plan five more times, their internet service will be terminated.
John Lemke

Federal Prosecutors, in a Policy Shift, Cite Warrantless Wiretaps as Evidence - NYTimes... - 0 views

  • 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.
John Lemke

Feds Say Legally Dead Is Slightly Alive - Lowering the Bar - 0 views

  • Under state law a person can be presumed dead after five years. Miller had been gone for eight, and efforts to find him (for child-support purposes) had been unsuccessful.
  • So "I don't know where that leaves you," Judge Davis told Miller, "but you're still deceased as far as the law is concerned." And he still is, because he did not appeal that ruling
  • in April the Social Security Administration sent letters to Miller's two daughters, demanding that they pay back the federal death benefits they got while Miller was legally dead. They got about $100 a week until they were 18, and the payments totaled less than $30,000. Including fees and interest, the SSA sought $47,256 from the daughters. It reportedly said that if it couldn't get the money from them, it would then seek it from the ex-wife, and only if she also couldn't pay would it go after the guy who abandoned them in the first place.
John Lemke

Guitar maker sues Web-based t-shirt vendor for shirts reading "born to rock" | Ars Tech... - 0 views

  • A guitar design firm called Born to Rock has won an initial victory over the user-generated T-shirt-printing website CafePress in a legal battle over whether CafePress users will be allowed to use the company's name as part of their T-shirt designs. While the guitar firm initially registered the phrase only for use selling guitars, it has taken the position that any use of the phrase "born to rock" by a CafePress user infringes its trademarks.
John Lemke

David Byrne and Cory Doctorow Explain Music and the Internet | culture | Torontoist - 0 views

  • Byrne and Doctorow were there to talk about how the internet has affected the music business. While that was certainly a large part of the discussion, the conversation also touched on all the ways technology and music interact, from file sharing to sampling.
  • Doctorow pointed out that two of the best-selling and most critically acclaimed hip-hop records of the 1980s—Public Enemy’s It Takes a Nation of Millions to Hold Us Back, and the Beastie Boys Paul’s Boutique—would have each cost roughly $12 million to make given today’s rules surrounding sample clearance.
  • “In the world of modern music, there are no songs with more than one or two samples, because no one wants to pay for that,” Doctorow said. “So, there’s a genre of music that, if it exists now, exists entirely outside the law. Anyone making music like Paul’s Boutique can’t make money from it, and is in legal jeopardy for having done it. Clearly that’s not what we want copyright to do.” When the conversation turned to downloads and digital music distribution, both men were surprisingly passionate on the topic of digital rights management, and how it’s fundamentally a bad idea.
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  • Doctorow argued that the way humans have historically shared music is totally antithetical to the idea of copyright laws. He pointed out that music predates not only the concept of copyright, but language itself. People have always wanted to share music, and, in an odd way, the sharing of someone else’s music is embedded in the industry’s business model, no matter how badly some may want to remove it.
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    "Doctorow pointed out that two of the best-selling and most critically acclaimed hip-hop records of the 1980s-Public Enemy's It Takes a Nation of Millions to Hold Us Back, and the Beastie Boys Paul's Boutique-would have each cost roughly $12 million to make given today's rules surrounding sample clearance."
John Lemke

Revisiting The Purpose Of The Copyright Monopoly: Science And The Useful Arts | Torrent... - 0 views

  • If there’s one thing that needs constant reminding, it’s the explicit purpose of the copyright monopoly. Its purpose is to promote the progress of human knowledge. Nothing less. Nothing more.
  • [Congress has the power] to promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.
  • has the power, and not the obligation
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  • two kinds of monopolies: copyright monopolies and patent monopolies, respectively. Science and the useful arts. The “science” part refers to the copyright monopoly, and the “useful arts” has nothing to do with creative works – it is “arts” in the same sense as “artisan”, that is, craftsmanship.
  • the purpose of the copyright monopoly isn’t to enable somebody to make money, and never was. Its sole purpose was and is to advance humanity as a whole. The monopoly begins and ends with the public interest; it does not exist for the benefit of the author and inventor.
  • The second thing we note is the “science” part. The US Constitution only gives Congress the right to protect works of knowledge – educational works, if you like – with a copyright monopoly. “Creative works” such as movies and music are nowhere to be found whatsoever in this empowerment of Congress to create temporary government-sanctioned monopolies.
  • Which brings us to the third notable item: “the exclusive right”. This is what we would refer to colloquially as a “monopoly”. The copyright industry has been tenacious in trying to portray the copyright monopoly as “property”, when in reality, the exclusive rights created are limitations of property rights (it prohibits me from storing the bitpatterns of my choosing on my own hardware). Further, it should be noted that this monopoly is not a guarantee to make money. It is a legal right to prevent others from attempting to do so. There’s a world of difference. You can have all the monopolies you like and still not make a cent.
  • The fourth notable item is the “for limited times”. This can be twisted and turned in many ways, obviously; it has been argued that “forever less a day” is still “limited” in the technical sense. But from my personal perspective – and I’ll have to argue, from the perspective of everybody reading this text – anything that extends past our time of death is not limited in time.
John Lemke

Forest Service says media needs photography permit in wilderness areas, alarming First ... - 0 views

  • "It's pretty clearly unconstitutional," said Gregg Leslie, legal defense director at the Reporters Committee for Freedom of the Press in Alexandria, Va. "They would have to show an important need to justify these limits, and they just can't."
  • Close didn't cite any real-life examples of why the policy is needed or what problems it's addressing. She didn't know whether any media outlets had applied for permits in the last four years.
  • "The Forest Service needs to rethink any policy that subjects noncommercial photographs and recordings to a burdensome permitting process for something as simple as taking a picture with a cell phone," Wyden said. "Especially where reporters and bloggers are concerned, this policy raises troubling questions about inappropriate government limits on activity clearly protected by the First Amendment."
John Lemke

Dotcom Faces Jail Following Application to Revoke Bail | TorrentFreak - 0 views

  • a bail revocation application is underway which could put back behind bars as early as next week.
  • Last week it was revealed that his New Zealand legal team had backed out of their arrangement to defend the Megaupload founder.
  • A full report on developments isn’t possible due to a news blackout, but Crown Prosecutor Christine Gordon told the Court that an application had been made to have Dotcom’s bail revoked after an apparent breach of conditions.
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  • In the meantime, apparently considering him a flight risk, Judge Nevin Dawson has taken the decision to clamp down on Dotcom’s movements ahead of next week’s hearing.
  • banning him from using his helicopter, Dotcom is forbidden from using boats and undertaking any travel whatsoever by sea. He must stay within 80km (50 miles) of his home and report to police every single day, rather than his previous weekly check-ins.
  • One interested firm said it would need 120 days just to look over the case to see they can help, a serious problem when the extradition hearing is scheduled for February and has taken 18 months to prepare. Today the Crown said it was prepared to give Dotcom an extra month by postponing the hearing until March, but that was overruled by the Judge who said that it would now take place in early June.
John Lemke

California Governor Signs the Spaceflight Liability and Immunity Act - Commercial Space... - 0 views

  • California Governor Jerry Brown announced today that he has signed into law the Spaceflight Liability and Immunity Act, AB 2243.  This law provides the necessary liability protections for compliant companies in the state, should any spaceflight participant who has acknowledged the risks sustain any bodily injury during spaceflight activities. Currently, Florida, Virginia, and Texas also provide spaceflight companies liability protection.
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