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John Lemke

U.S. Court Grants Order to Wipe Pirate Sites from the Internet | TorrentFreak - 0 views

  • A U.S. federal court in Oregon has granted a broad injunction against several streaming sites that offer pirated content. Among other things, the copyright holder may order hosting companies to shut down the sites' servers, ask registrars to take away domain names, and have all search results removed from Google and other search engines.
  • ABS-CBN requested power to take the sites offline before the owners knew that they were getting sued, and without a chance to defend themselves. While that may seem a lot to ask, Judge Anna Brown granted the request.
  • The preliminary injunction is unique in its kind, both due to its broadness and the fact that it happened without due process. This has several experts worried, including EFF’s Intellectual Property Director Corynne McSherry.
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

Surprise: ASCAP and Music Labels Colluded To Screw Pandora | Techdirt - 0 views

  • A key part of this was that the major labels, key members of ASCAP, suddenly started "dropping out" of ASCAP in order to do licensing directly. At first we thought this was a sign of how the labels might be realizing that ASCAP was obsolete and out of touch, but it has since become clear that these "removals" were all something of a scam to force Pandora into higher rates.
  • What happened was that ASCAP and Pandora had first negotiated a higher rate than Pandora had agreed to in the past -- reaching a handshake agreement. However, before that agreement could be finalized, these labels started "withdrawing" from ASCAP in order to negotiate directly. As part of that, both ASCAP and the labels refused to tell Pandora which songs had been withdrawn, meaning that if Pandora accidentally played one of the withdrawn songs (again, without knowing which songs were withdrawn),
  • Your Honor, by the time Pandora asked for this information on November 1st, both ASCAP and Mr. Brodsky [Sony Executive VP] had in their possession this very list. The deposition testimony from ASCAP was that this list as is could have been delivered to Pandora within 24 hours were it only to get the go-ahead from Sony to do so. ASCAP never received the go-ahead. We cited much of the internal back-and-forth on this in our briefs... My favorite is the following exchange between Mr. DeFilippis and Mr. Reimer of ASCAP on December 19th, 2013, PX 193. You see the question being asked by Mr. DeFilippis: why didn't Sony provide the list to Pandora? Mr. Reimer's response: Ask me tomorrow. Mr. DeFilippis: Right. With drink in hand. And the inference here is just incredible. This data was sitting there, your Honor, and nobody was willing to give it to Pandora.
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  • There's a lot more in there, but it seems abundantly clear that these labels "withdrawing" from ASCAP had nothing to do with competition or market rates. It appears that it had little to do with even withdrawing from ASCAP. Instead, it seems to have been designed from the start to basically screw over Pandora, in what certainly smells an awful lot like collusion, by forcing Pandora to pay exorbitant rates or suddenly face a massive copyright liability because no one would tell them what songs were being "withdrawn" from an existing licensing agreement.
John Lemke

How Covert Agents Infiltrate the Internet to Manipulate, Deceive, and Destroy Reputatio... - 0 views

  • “The Art of Deception: Training for Online Covert Operations.”
  • Among the core self-identified purposes of JTRIG are two tactics: (1) to inject all sorts of false material onto the internet in order to destroy the reputation of its targets; and (2) to use social sciences and other techniques to manipulate online discourse and activism to generate outcomes it considers desirable. To see how extremist these programs are, just consider the tactics they boast of using to achieve those ends: “false flag operations” (posting material to the internet and falsely attributing it to someone else), fake victim blog posts (pretending to be a victim of the individual whose reputation they want to destroy), and posting “negative information” on various forums. 
  • Critically, the “targets” for this deceit and reputation-destruction extend far beyond the customary roster of normal spycraft: hostile nations and their leaders, military agencies, and intelligence services. In fact, the discussion of many of these techniques occurs in the context of using them in lieu of “traditional law enforcement” against people suspected (but not charged or convicted) of ordinary crimes or, more broadly still, “hacktivism”, meaning those who use online protest activity for political ends. The title page of one of these documents reflects the agency’s own awareness that it is “pushing the boundaries” by using “cyber offensive” techniques against people who have nothing to do with terrorism or national security threats, and indeed, centrally involves law enforcement agents who investigate ordinary crimes:
    • John Lemke
       
      Wow, how is not changing pictures and creating false victims not identity theft and conspiracy?  
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  • it is not difficult to see how dangerous it is to have secret government agencies being able to target any individuals they want – who have never been charged with, let alone convicted of, any crimes – with these sorts of online, deception-based tactics of reputation destruction and disruption.
    • John Lemke
       
      Not only are you now guilty until proven innocent but, if you are guilty enough, we shall create a situation so that you are.
  • Government plans to monitor and influence internet communications, and covertly infiltrate online communities in order to sow dissension and disseminate false information, have long been the source of speculation. Harvard Law Professor Cass Sunstein, a close Obama adviser and the White House’s former head of the Office of Information and Regulatory Affairs, wrote a controversial paper in 2008 proposing that the US government employ teams of covert agents and pseudo-”independent” advocates to “cognitively infiltrate” online groups and websites, as well as other activist groups. Sunstein also proposed sending covert agents into “chat rooms, online social networks, or even real-space groups” which spread what he views as false and damaging “conspiracy theories” about the government. Ironically, the very same Sunstein was recently named by Obama to serve as a member of the NSA review panel created by the White House, one that – while disputing key NSA claims – proceeded to propose many cosmetic reforms to the agency’s powers (most of which were ignored by the President who appointed them).
    • John Lemke
       
      So one of the guys who advocates this and approves of it, gets to be on the NSA review committee?  Isn't that like Ted Kennedy on the Ethics Review Committee or the Warren Commission?
  • Whatever else is true, no government should be able to engage in these tactics: what justification is there for having government agencies target people – who have been charged with no crime – for reputation-destruction, infiltrate online political communities, and develop techniques for manipulating online discourse? But to allow those actions with no public knowledge or accountability is particularly unjustifiable.
John Lemke

Police Delete Aftermath Footage Of Suspect Shot 41 Times | Techdirt - 0 views

  • 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.
John Lemke

Bad Police Info Led Spies To Monitor Dotcom, Govt. Suppressed Information | TorrentFreak - 0 views

  • Court documents have revealed how information supplied by New Zealand’s Organised and Financial Crime Agency led to Kim Dotcom and his associates being illegally monitored by GCSB, the Kiwi spy agency comparable to the United States’ CIA. Today a High Court judge expressed concern at the situation, with Dotcom’ legal team calling for an independent inquiry into the fiasco. Meanwhile, pressure continues to mount on Prime Minister John Key as it’s revealed the government issued an information suppression order.
  • According to court documents, GCSB checked with OFCANZ that both Dotcom and der Kolk were indeed foreign nationals. OFCANZ said they were, but in fact neither should have been spied on by GCSB. The monitoring went ahead anyway. In the High Court today, Justice Helen Winkelmann asked lawyers how it could be possible that GCSB hadn’t known about Dotcom’s New Zealand residency.
  • During an earlier hearing, Detective Inspector Grant Wormald of OFCANZ said that apart from surveillance carried out by the police, no other surveillance had been carried out against Dotcom. But with the revelation that GCSB had indeed been monitoring the Megaupload founder at the behest of OFCANZ, questions are now being raised about this apparent inconsistency, not least since Wormald previously acknowledged that a secret government unit had been involved in a pre-raid planning meeting in January.
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

NSA moves from bugging German Chancellor to bugging German ministers | Ars Technica - 0 views

  • Still, that moratorium on spying didn't extend beyond those world leaders, and Reuters, translating from the BamS source, writes that the source said, “We have had the order not to miss out on any information now that we are no longer able to monitor the chancellor's communication directly.” Specifically, Interior Minister Thomas de Maiziere, one of Merkel's confidants, was called out as being a target of the NSA's increased spying efforts.
John Lemke

NSA reportedly intercepting laptops purchased online to install spy malware | The Verge - 0 views

  • According to a new report from Der Spiegel based on internal NSA documents, the signals intelligence agency's elite hacking unit (TAO) is able to conduct sophisticated wiretaps in ways that make Hollywood fantasy look more like reality. The report indicates that the NSA, in collaboration with the CIA and FBI, routinely and secretly intercepts shipping deliveries for laptops or other computer accessories in order to implant bugs before they reach their destinations. According to Der Spiegel, the NSA's TAO group is able to divert shipping deliveries to its own "secret workshops" in a method called interdiction, where agents load malware onto the electronics or install malicious hardware that can give US intelligence agencies remote access. While the report does not indicate the scope of the program, or who the NSA is targeting with such wiretaps, it's a unique look at the agency's collaborative efforts with the broader intelligence community to gain hard access to communications equipment. One of the products the NSA appears to use to compromise target electronics is codenamed COTTONMOUTH, and has been available since 2009; it's a USB "hardware implant" that secretly provides the NSA with remote access to the compromised machine.
  • The Der Spiegel report, which gives a broad look at TAO operations, also highlights the NSA's cooperation with other intelligence agencies to conduct Hollywood-style raids. Unlike most of the NSA's operations which allow for remote access to targets, Der Spiegel notes that the TAO's programs often require physical access to targets. To gain physical access, the NSA reportedly works with the CIA and FBI on sensitive missions that sometimes include flying NSA agents on FBI jets to plant wiretaps. "This gets them to their destination at the right time and can help them to disappear again undetected after even as little as a half hour's work," the report notes.
  •  
    While the scope or the targets are reportedly not known, the article also does not mention anything about a search warrant. This is what happens when the government feels they are above the law.
John Lemke

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

  • 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,"
John Lemke

Ask Ethan #55: Could a Manned Mission to Mars Abort? - Starts With A Bang! - Medium - 0 views

  • No humans have ever traveled farther away from Earth than the crew of Apollo 13 did, as they circled around the far side of the Moon close to lunar apogee, achieving a maximum distance of 400,171 km above the Earth’s surface on April 15, 1970. But when the first manned spaceflight to another planet occurs, that record will be shattered, and in a mere matter of days.
  • The way we currently reach other worlds with our present technology — or any remote location in the Universe — involves three distinct stages:The initial launch, which overcomes the Earth’s gravitational binding energy and starts our spacecraft off with a reasonably large (on the order of a few km/s) velocity relative to the Earth’s motion around the Sun.On-board course corrections, where very small amounts of thrust accelerate the spacecraft to its optimal trajectory.And gravity assists, where we use the gravitational properties of other planets in orbit around the Sun to change our spacecraft’s velocity, either increasing or decreasing its speed with every encounter.It’s through the combination of these three actions that we can reach any location — if we’re patient and we plan properly — with only our current rocket technology.
    • John Lemke
       
      How we can do it now, if we plan right.
  • The initial launch is a very hard part right now. It takes a tremendous amount of resources to overcome the Earth’s gravitational pull, to accelerate a significant amount of mass to the Earth’s escape velocity, and to raise it all the way up through the Earth’s atmosphere.
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  • The most optimal one for a one-way trip to Mars, for those of you wondering, that minimizes both flight time and the amount of energy needed, involves simply timing your launch right.
    • John Lemke
       
      The cheapest and the fastest. The one way ticket option.
  • When a planet orbits the Sun, there’s a lot of energy in that system, both gravitational energy and kinetic energy. When a third body interacts gravitationally as well, it can either gain some energy by stealing it from the Sun-planet system, or it can lose energy by giving it up to the Sun-planet system. The amount of energy performed by the spacecraft’s thrusters is often only 20% (or less) of the energy either gained-or-lost from the interaction!
    • John Lemke
       
      The transfer of energy involved to change speeds.
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

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

Payback time: First patent troll ordered to pay "extraordinary case" fees | Ars Technica - 0 views

  • In the recent Octane Fitness case (PDF), the Supreme Court changed the test for fee-shifting precisely to deter behavior such as Lumen's, Cote found. Lumen didn't do "any reasonable pre-suit investigation," and filed a number of near-identical "boilerplate" complaints in a short time frame. That all suggests "Lumen’s instigation of baseless litigation is not isolated to this instance, but is instead part of a predatory strategy aimed at reaping financial advantage from the inability or unwillingness of defendants to engage in litigation against even frivolous patent lawsuits."
John Lemke

Stealing Encryption Keys Just by Touching a Laptop - 0 views

  • A team of computer security experts at Tel Aviv University (Israel) has come up with a new potentially much simpler method that lets you steal data from computers — Just Touch it — literally.
  • In order to victimize any computer, all you need to do is wear a special digitizer wristband and touch the exposed part of the system. The wristband will measure all the tiny changes in the ground electrical potential that can reveal even stronger encryption keys, such as a 4,096-bit RSA key.
  • in some cases, you don't even have to touch the system directly with your bare hands. You can intercept encryption keys from attached network and video cables as well. Researchers called it a side-channel attack.
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  • The actual attack can be performed quickly. According to the research, "despite the GHz-scale clock rate of the laptops and numerous noise sources, the full attacks require a few seconds of measurements using medium frequency signals (around 2 MHz), or one hour using low frequency signals (up to 40 kHz)."
John Lemke

Fraud and Embezzlement Drives Anti-Piracy Group into Bankruptcy | TorrentFreak - 0 views

  • The organization’s board filed for bankruptcy after it discovered a wide range of serious problems. The group’s financial statements were falsified, the books were not in order, and taxes haven’t been paid since 2007.
  • CEO Snæbjörn Steingrímsson has admitted to embezzlement
  • The last time SMAIS made international headlines was last year, when the group pulled its Facebook page offline after four days. According to Steingrímsson, SMAIS didn’t have enough resources to handle the constant flaming comments from the public.
John Lemke

Boston Police Used Facial Recognition Software To Grab Photos Of Every Person Attending... - 0 views

  • Ultimately, taking several thousand photos with dozens of surveillance cameras is no greater a violation of privacy than a single photographer taking shots of crowd members. The problem here is the cover-up and the carelessness with which the gathered data was (and is) handled.
  • law enforcement automatically assumes a maximum of secrecy in order to "protect" its investigative techniques
  • The city claims it's not interested in pursuing this sort of surveillance at the moment, finding it to be lacking in "practical value." But it definitely is interested in all the aspects listed above, just not this particular iteration. It also claims it has no policies on hand governing the use of "situational awareness software," but only because it's not currently using any. Anyone want to take bets that the eventual roll out of situational awareness software will be far in advance of any guidance or policies?
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