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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

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

  • 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.
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  • 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
       
      What is Metadate... then discuss
  • The report merely recommended that the government look into the issue.
    • John Lemke
       
      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
       
      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
       
      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
       
      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
       
      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
       
      This is the most troubling part perhaps,  isn't the collection without consent where the breech of privacy begins?
    • John Lemke
       
      "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
       
      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

NSA Is Tracking Mobile Phone Location On So Many People It Can't Handle The Data Storag... - 0 views

  • The NSA cannot know in advance which tiny fraction of 1 percent of the records it may need, so it collects and keeps as many as it can — 27 terabytes, by one account, or more than double the text content of the Library of Congress’s print collection.
  • NSA defends the program by saying that it uses the location data to find "unknown associates of known intelligence targets." Basically, it's tracking where everyone goes, just in case people end up spending time with people the NSA deems as being terrorists.
  • Elsewhere in the article, they quote NSA officials repeatedly saying that the program is "tuned to be looking outside the United States," but not saying it only collects info outside the US. Also, they make clear, once a person leaves the US, the NSA no longer believes the 4th Amendment applies to them, so their location is fair game in this giant database.. Asked for specific numbers, an NSA person said:
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  • It’s awkward for us to try to provide any specific numbers..."
    • John Lemke
       
      Sad day when accountability becomes awkward.
    • John Lemke
       
      Sad day when accountability becomes awkward.
John Lemke

Roxxxy the US$7,000 companion/sex robot (NSFW) - 0 views

  •  
    When it comes to technology, the sex industry is no laggard, and as robots become more human-like in their appearance and abilities, US-based company TrueCompany is poised to launch Roxxxy - the world's first sex robot - that has many more capabilities than your average sex doll. Apart from having better defined physical features than previous dolls, Roxxxy has been programmed with her own personality and her manufacturers say she can listen, talk, carry on a conversation, feel your touch and respond to it, as well as move her private areas inside when she is being "utilized" to deliver an unforgettable erotic experience. There are even plans for a male version - Rocky the Robot.
John Lemke

Ice cream seller accused of dealing drugs - Yahoo! News - 0 views

  •  
    Louis Scala sold ice cream to children from his "Lickity Split" truck and would allegedly make stops at prearranged spots where customers knew they could buy pills, according to the New York Office of the Special Narcotics Prosecutor. Scala, 40, is accused of selling more than 40,000 prescription oxycodone pills from his ice cream truck in the borough of Staten Island and heading up a 30-person drug ring that included more than two dozen runners to fill fake prescriptions, prosecutors said.
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?
John Lemke

Foxconn worker riot closes factory | Ars Technica - 0 views

  • 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.
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

Massachusetts Man Charged Criminally For Videotaping Cop... Despite Earlier Lawsuit Rej... - 0 views

  • 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.
John Lemke

Court: Fining Jammie Thomas $9,250 Per Song Infringed Motivates Creative Activity | Tec... - 0 views

  • This is hardly a surprise, but similar to the Joel Tenenbaum case, Jammie Thomas-Rasset (the other person sued for copyright infringement for using a file sharing system), has lost again. The appeals court (8th Circuit) has ruled that $9,250 per song infringed is perfectly reasonable and that the judge in the case, Michael Davis, erred in calling for a new trial after the initial jury verdict (the first of three). There were a number of procedural issues here, and it's worth pointing out that Thomas-Rasset herself more or less asked the court to bring back this first verdict and focus on the Constitutionality of the damages amount. So, the whole mess with the three separate district court trials sort of gets swept under the rug. However, the court simply isn't buying Thomas-Rasset's claim that the statutory damages are unconstitutionally punitive and a violation of due process. Basically, it says that the fact that statutory damages are completely out of whack with actual damages doesn't matter, because the point of statutory damages is that they're disconnected from actual damages on purpose (because, in theory, they're put in place because actual damages are difficult to assess).
John Lemke

Rent-to-own PCs surreptitiously captured users' most intimate moments | Ars Technica - 0 views

  • The software, known as PC Rental Agent, was developed by Pennsylvania-based DesignerWare. It was licensed by more than 1,617 rent-to-own stores in the US, Canada, and Australia to report the physical location of rented PCs. A feature known as Detective Mode also allowed licensees to surreptitiously monitor the activities of computer users. Managers of rent-to-own stores could use the feature to turn on webcams so anyone in front of the machine would secretly be recorded. Managers could also use the software to log keystrokes and take screen captures.
  • In some cases, webcam activations captured images of children, individuals not fully clothed, and people engaged in sexual activities, the complaint alleged. Rental agreements never disclosed the information that was collected, FTC lawyers said.
  • PC Rental Agent also had the capability to display fake registration pages for Microsoft Windows, Internet Explorer, Microsoft Office, and Yahoo Messenger. When customers entered their names, addresses, and other personal information in the forms, the data was sent to DesignerWare servers and then e-mailed to the rent-to-own licensees.
John Lemke

Snowden documents show British digital spies use viruses and 'honey traps' * The Register - 0 views

  • "deny, disrupt, degrade and deceive" by any means possible.
  • A PowerPoint presentation from 2010 states that JTRIG activities account for five per cent of GCHQ's operations budget and uses a variety of techniques. These include "call bombing" to drown out a target's ability to receive messages, attacking targets in hotels, Psyops (psychological operations) against individuals, and going all the way up to disrupting a country's critical infrastructure.
  • According to reports in Der Spiegel last year, British intelligence has tapped the reservations systems of over 350 top hotels around the world for the past three years to set up Royal Concierge. It was used to spy on trade delegations, foreign diplomats, and other targets with a taste for the high life.
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  • Targets can also be discredited with a "honey trap", whereby a fake social media profile is created, maybe backed up by a personal blog to provide credibility. This could be used to entice someone into making embarrassing confessions, which the presentation notes described as "a great option" and "very successful when it works."
  •  
    All that evil spy stuff in the hands of the government.   Big Brother is real.  Too Fin' real.
John Lemke

Exclusive: Secret contract tied NSA and security industry pioneer | Reuters - 0 views

  • Documents leaked by former NSA contractor Edward Snowden show that the NSA created and promulgated a flawed formula for generating random numbers to create a "back door" in encryption products, the New York Times reported in September. Reuters later reported that RSA became the most important distributor of that formula by rolling it into a software tool called Bsafe that is used to enhance security in personal computers and many other products.Undisclosed until now was that RSA received $10 million in a deal that set the NSA formula as the preferred, or default, method for number generation in the BSafe software, according to two sources familiar with the contract. Although that sum might seem paltry, it represented more than a third of the revenue that the relevant division at RSA had taken in during the entire previous year, securities filings show.
  • RSA, meanwhile, was changing. Bidzos stepped down as CEO in 1999 to concentrate on VeriSign, a security certificate company that had been spun out of RSA. The elite lab Bidzos had founded in Silicon Valley moved east to Massachusetts, and many top engineers left the company, several former employees said.And the BSafe toolkit was becoming a much smaller part of the company. By 2005, BSafe and other tools for developers brought in just $27.5 million of RSA's revenue, less than 9% of the $310 million total."When I joined there were 10 people in the labs, and we were fighting the NSA," said Victor Chan, who rose to lead engineering and the Australian operation before he left in 2005. "It became a very different company later on."By the first half of 2006, RSA was among the many technology companies seeing the U.S. government as a partner against overseas hackers.New RSA Chief Executive Art Coviello and his team still wanted to be seen as part of the technological vanguard, former employees say, and the NSA had just the right pitch. Coviello declined an interview request.An algorithm called Dual Elliptic Curve, developed inside the agency, was on the road to approval by the National Institutes of Standards and Technology as one of four acceptable methods for generating random numbers. NIST's blessing is required for many products sold to the government and often sets a broader de facto standard.RSA adopted the algorithm even before NIST approved it. The NSA then cited the early use of Dual Elliptic Curve inside the government to argue successfully for NIST approval, according to an official familiar with the proceedings.RSA's contract made Dual Elliptic Curve the default option for producing random numbers in the RSA toolkit. No alarms were raised, former employees said, because the deal was handled by business leaders rather than pure technologists.
  • Within a year, major questions were raised about Dual Elliptic Curve. Cryptography authority Bruce Schneier wrote that the weaknesses in the formula "can only be described as a back door."
John Lemke

How LexisNexis and others may have unwittingly aided identity thieves | Ars Technica - 0 views

  • Wednesday's report exposes serious risks in what banks, mortgage companies, and other financial services call "knowledge-based authentication." Representatives from these services frequently rely on a list of about 100 questions such as "What was your previous address?" or "Which company services your mortgage?" when trying to determine if the person on the phone or filling out an application is the individual he claims to be. Ready access to the data stored by the data aggregators can make the difference between a fraudulent application being approved or rejected. Krebs goes on to recount a story told by Gartner fraud analyst Avivah Litan about a fellow analyst who witnessed an identity thief in action.
John Lemke

Some NSA Officials Favor Giving Snowden Limited Amnesty For All The Wrong Reasons | Tec... - 0 views

  • JOHN MILLER: He's already said, "If I got amnesty, I would come back." Given the potential damage to national security, what would your thought on making a deal be? RICK LEDGETT: So, my personal view is, yes, it's worth having a conversation about. I would need assurances that the remainder of the data could be secured, and my bar for those assurances would be very high. It would be more than just an assertion on his part.
  • those documents have been spread out to a number of third parties already.
  • The reason for granting amnesty is as a recognition that Snowden was, in fact, a whistleblower
John Lemke

NSA reportedly 'piggybacking' on Google advertising cookies to home in on surveillance ... - 0 views

  • US surveillance agency may be using Google's advertising cookies to track and "pinpoint" targets for government hacking and location-tracking. According to Snowden's leaked presentation slides, both the NSA and the British equivalent, the GCHQ, are using a Google-specific ad cookie (know as "PREF") as a way of homing in on specific surveillance targets. While Google's cookie doesn't contain personal information like a name or email address, it does contain numeric codes that uniquely identify a user's browser.
  • The report notes that the NSA doesn't use this technique to find suspicious activity amidst the massive flood of internet communication that takes place every day — instead, it uses it to home in on targets already under suspicion.
John Lemke

Officials Say U.S. May Never Know Extent of Snowden's Leaks - NYTimes.com - 0 views

  • “They’ve spent hundreds and hundreds of man-hours trying to reconstruct everything he has gotten, and they still don’t know all of what he took,” a senior administration official said. “I know that seems crazy, but everything with this is crazy.”
  • In recent days, a senior N.S.A. official has told reporters that he believed Mr. Snowden still had access to documents not yet disclosed. The official, Rick Ledgett, who is heading the security agency’s task force examining Mr. Snowden’s leak, said he would consider recommending amnesty for Mr. Snowden in exchange for those documents.
  • “So, my personal view is, yes, it’s worth having a conversation about,” Mr. Ledgett told CBS News. “I would need assurances that the remainder of the data could be secured, and my bar for those assurances would be very high. It would be more than just an assertion on his part.”
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.
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