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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

FBI Arrested CEO of 'StealthGenie' for Selling Mobile Spyware Apps - 0 views

  • The Federal Bureau of Investigation (FBI) has arrested the CEO of a UK-based company for allegedly advertising and selling a spyware app to individuals who suspect their romantic partners of cheating on them.
  • The dodgy cell phone spyware application, dubbed as StealthGenie, monitors victims’ phone calls, text messages, videos, emails and other communications "without detection" when it is installed on a target's phone, according to the Department of Justice.
  • Once installed on the phone, it allows conversations to be monitored as they take place, enables the purchaser to call the phone and activate it at any time to monitor all surrounding conversations within a 15-foot radius, and collects the user’s incoming and outgoing email and SMS messages, incoming voicemail, address book, calendar, photographs, and videos. All of these functions are enabled without the knowledge of the user of the phone.
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  • Akbar was charged with conspiracy, sale of a surreptitious interception device, advertisement of a known interception device and advertising a device as a surreptitious interception device in US District Court for the Eastern District of Virginia.
John Lemke

New mobile can check pulse, send ambulance - 0 views

  •  
    The new EPI Life mobile phone comes complete with mini electrocardiogram. "We think it's a revolution. It has clinical significance," EPI medical chief Dr. Chow U-Jin said at the mobile industry's annual conference in Barcelona. "Anywhere in the world you can use it as a phone but you are also able to transfer an ECG and get a reply," Chow said. "If you get a normal reply it will just be an SMS," he added. "If it's severe, you get a call: 'Sir, an ambulance is on the way'." EPI Life has three hospitals in Singapore, all of which carry the phone users' history. EPI Life costs $700 (516 euros), the price of a top range smartphone, and 2,000 of them have been on the market since 2010.
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

Acoustic cryptanalysis - 0 views

  • Here, we describe a new acoustic cryptanalysis key extraction attack, applicable to GnuPG's current implementation of RSA. The attack can extract full 4096-bit RSA decryption keys from laptop computers (of various models), within an hour, using the sound generated by the computer during the decryption of some chosen ciphertexts. We experimentally demonstrate that such attacks can be carried out, using either a plain mobile phone placed next to the computer, or a more sensitive microphone placed 4 meters away.
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    When I first read the article, I though it would take some sensitive mics but, quoting the article "Here, we describe a new acoustic cryptanalysis key extraction attack, applicable to GnuPG's current implementation of RSA. The attack can extract full 4096-bit RSA decryption keys from laptop computers (of various models), within an hour, using the sound generated by the computer during the decryption of some chosen ciphertexts. We experimentally demonstrate that such attacks can be carried out, using either a plain mobile phone placed next to the computer, or a more sensitive microphone placed 4 meters away."
John Lemke

In News That Will Surprise No One, NSA Has Cracked Mobile Phone Encryption To Listen In... - 0 views

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    Just in case you have spent the past few presidencies in a closet.
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

NSA's bulk phone data collection ruled unconstitutional, 'almost Orwellian,' by federal... - 0 views

  • “The government does not cite a single case in which analysis of the NSA’s bulk metadata collection actually stopped an imminent terrorist attack,” the judge wrote.
  • “Given the limited record before me at this point in the litigation – most notably, the utter lack of evidence that a terrorist attack has ever been prevented because searching the NSA database was faster than other investigative tactics – I have serious doubts about the efficacy of the metadata collection program as a means of conducting time-sensitive investigations in cases involving imminent threats of terrorism.”
  • “I acted on my belief that the NSA's mass surveillance programs would not withstand a constitutional challenge, and that the American public deserved a chance to see these issues determined by open courts,” Snowden wrote. “Today, a secret program authorized by a secret court was, when exposed to the light of day, found to violate Americans’ rights. It is the first of many.”
John Lemke

FireChat: The internet-free messaging app that's sweeping the world - News - Gadgets an... - 0 views

  • t's a messaging app for iOS.
  • based on peer-to-peer “mesh networking” and connects to nearby phones using Bluetooth and WiFi, with connectivity increasing as more people use it in an area.
  • In Hong Kong mostly, where pro-democracy protesters are using it to communicate amid fears of network shutdowns. It's also been used by Iraqis and Taiwanese students during their anti-Beijing Sunflower Movement. Aside from not being reliant on the internet (which some governments restrict), it is more clandestine and less traceable.
John Lemke

Spy court renews NSA metadata program | TheHill - 0 views

  • With a surveillance reform bill stuck in the Senate, the federal court overseeing spy agencies on Friday reauthorized the National Security Agency’s controversial bulk collection of Americans' phone records.
  • Given that legislation has not yet been enacted, and given the importance of maintaining the capabilities of the Section 215 telephony metadata program, the government has sought a 90-day reauthorization of the existing program,” the Justice Department and Office of the Director of National Intelligence said in a joint statement, referring to the section of the Patriot Act that authorizes the program.
  • The NSA’s phone records program needs to be reauthorized by the FISC every 90 days. The current authority expires on Dec. 5.
John Lemke

FCC to buy out TV broadcasters to free up mobile spectrum | Ars Technica - 0 views

    • John Lemke
       
      I had my first issue at step one, "asks broadcasters to tell the FCC how much it wold take for the agency to buy them out".  They claim that this is a way to keep cost down by hopefully grabbing the least popular via low bids.   I see two issues immediately.  Number one by asking them what they want they are going to immediately INCREASE the bids.  Two, if you are asking me what I want for my business to change how it broadcasts why would I not include any expense to make the switch. By asking them what they think a fair bid would be, they are, more or less, giving them a blank check.
  • the commission will put the newly-freed blocks of spectrum up for auction. If, as expected, the spectrum is more valuable when used for mobile services than broadcast television, then the FCC should reap significantly more from these traditional auctions than it had to pay for the spectrum in the original reverse auctions, producing a tidy profit for taxpayers.
    • John Lemke
       
      The objective at an auction is to purchase the object at the lowest possible cost.  How much mobile providers are willing to pay will determine how high bids will climb.  Based on how our current mobile providers already provide poor service when compared to the rest of the world, how much is that bandwidth actually worth to these companies that, more or less, have a lobbied stranglehold on the consumer?
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  • Bergmayer also praised an FCC proposal to update its "spectrum screen," a set of rules that prevent any single provider from gaining too large a share of the spectrum available in a particular market. The current scheme, he said, "treats all spectrum alike, even though some spectrum bands are better-suited to mobile broadband than others." As a result, he argued, it has become ineffective at preventing Verizon and AT&T from gaining enough spectrum to threaten competition. He urged the FCC to revise the rules to ensure the new auctions don't further entrench the dominance of the largest incumbents.
    • John Lemke
       
      It is the stuff like this that worries me, on one hand they want a high bid, and on the other it is going to be regulated.
  • Over the last decade, it has become increasingly obvious that America's spectrum resources are mis-allocated. The proliferation of cell phones, and more recently smartphones and tablets, has given mobile providers a voracious appetite for new spectrum. But a big chunk of the available spectrum is currently occupied by broadcast television stations. With more and more households subscribed to cable, satellite, and Internet video services, traditional broadcast television is looking like an increasingly outmoded use of the scarce and valuable airwaves.
  • incumbent broadcasters have controlled their channels for so long that they've come to be regarded as de facto property rights. And needless to say, the politically powerful broadcasters have fiercely resisted any efforts to force them to relinquish their spectrum.
  • incentive auctions
  • The plan has three phases. In the first phase, the FCC will conduct a reverse auction in which it asks broadcasters to tell the FCC how much it would take for the agency to buy them out. Presumably, the least popular (and, therefore, least profitable) channels will submit the lowest bids. By accepting these low bids, the FCC can free up the maximum possible spectrum at the minimum cost
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

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

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

Cops Seize Car When Told To Get A Warrant, Tell Owner That's What He Gets For 'Exercisi... - 0 views

  • 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.
  • As the officers and Zullo waited for the tow truck, they continued to try to get his permission for a search. Zullo held firm, so the cops ditched him miles from home in 20-degree weather. Mr. Zullo asked Hatch if he could retrieve his money and cell phone from his car, because he did not know how he would get home without either item. Hatch refused, saying that getting home was “not my problem,” and warned Mr. Zullo that if he attempted to retrieve those items from the car he would be arrested. When Mr. Zullo walked towards his car, Hatch placed his hands on Mr. Zullo to restrain him from reaching the car. After the tow truck arrived and took Mr. Zullo’s car, Hatch and the second state trooper left the scene, leaving Mr. Zullo stranded on the side of Route 7.
    • John Lemke
       
      They stranded him.
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  • After being seized, Zullo's car was searched by Officer Hatch using an actual drug dog and an actual warrant [pdf link]. Nothing illegal was uncovered.
    • John Lemke
       
      They found nothing other than a possible civil charge.
  • Both the drug angle and the registration sticker angle dead end into a search and seizure based on non-criminal actions. The state does have an out (one that will likely be deployed in its defense against Zully's lawsuit) that still allows law enforcement to search for marijuana, even if what's discovered isn't a criminal amount.
John Lemke

Report: NSA among worst offenders of mass surveillance, Snowden says - CNN.com - 0 views

  • "The world has learned a lot in a short amount of time about irresponsibly operated security agencies and, at times, criminal surveillance programs. Sometimes the agencies try to avoid controls," Snowden wrote, according to the news magazine. "While the NSA and GCHQ (the British national security agency) appear to be the worst offenders -- at least according to the documents that are currently public -- we cannot forget that mass surveillance is a global problem and needs a global solution."
  • A recent report by Der Spiegel, citing documents provided by Snowden, alleged the NSA monitored German Chancellor Angela Merkel's cell phone. Some reports also suggest the United States carried out surveillance on French and Spanish citizens.
  • "If he wants to come back and open up to the responsibility of the fact that he took and stole information, he violated his oath, he disclosed classified information -- that by the way has allowed three different terrorist organizations, affiliates of al Qaeda to change the way they communicate -- I'd be happy to have that discussion with him," Rogers said on "Face the Nation."
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

Swedes may soon exchange postage stamps for SMS codes - 0 views

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    that ritual is about to be replaced with a more high-tech one: people may soon be able to pay for their postage via text message, thereby eliminating the need for a stamp. The system works like this: Swedes will be able to send a text message to the postal service saying that they want postage for a letter. The postal service will then presumably charge an account on file, then respond with another text that contains a code. The letter-sender will then write the code on the envelope to show that postage had been paid.
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