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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

Germany: Mosley takes on Google in privacy fight - 0 views

  • claiming the search engine is breaking German privacy laws by providing links to websites hosting a hidden-camera video of him at a sadomasochistic sex party.
  • Mosley successfully sued a British tabloid over a 2008 story headlined "Formula One boss has sick Nazi orgy with five hookers." Mosley has acknowledged the orgy, but says the story was an "outrageous" invasion of privacy and the Nazi allegation was damaging and "completely untrue."
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

Robert Duncan Begins Prison Sentence For Working In Legal Medical Pot Shop - 0 views

  • Duncan does not have a background in the marijuana industry, and only began working for the dispensary after being laid off from a more traditional sales job as the economy soured. After the raid, he returned to mainstream employment and up until recently was a sales manager at a Bay Area merchandising company; Duncan told The Huffington Post that he wouldn't have taken the pot job if the feds hadn't signaled that they'd steer clear of medical marijuana businesses that were in compliance with state laws."It was shortly after the federal government said it would not intervene if people followed state law," Duncan said. "We wanted to abide by the rules. None of us had criminal backgrounds. We’re all regular guys. The only reason we got into this was because the federal government said they wouldn’t intervene."
John Lemke

FBI surveillance malware in bomb threat case tests constitutional limits | Ars Technica - 0 views

  • The FBI has an elite hacker team that creates customized malware to identify or monitor high-value suspects who are adept at covering their tracks online, according to a published report.
  • as the capability to remotely activate video cameras and report users' geographic locations—is pushing the boundaries of constitutional limits on searches and seizures
  • Critics compare it to a physical search that indiscriminately seizes the entire contents of a home, rather than just those items linked to a suspected crime. Former US officials said the FBI uses the technique sparingly, in part to prevent it from being widely known.
  • ...1 more annotation...
  • "We have transitioned into a world where law enforcement is hacking into people’s computers, and we have never had public debate,” Christopher Soghoian, principal technologist for the American Civil Liberties Union, told The Washington Post, speaking of the case against Mo. "Judges are having to make up these powers as they go along."
John Lemke

Lawsuit Claims Accidental Google Search Led To Years Of Government Investigation And Harrassment | Techdirt - 0 views

  • Jeffrey Kantor, who was fired by Appian Corporation, sued a host of government officials, including Attorney General Eric Holder, Director of National Intelligence James Clapper, CIA Director John Brennan, Defense Secretary Chuck Hagel and Secretary of State John Kerry in Federal Court, alleging civil rights violations, disclosure of private information and retaliation… He also sued Secretary of Energy Ernest Moniz, Acting Secretary of Homeland Security Rand Beers, Treasury Secretary Jacob Lew, EPA Administrator Regina McCarthy and U.S. Office of Personnel Management Director Katherine Archuleta.
  • "In October of 2009, Kantor used the search engine Google to try to find, 'How do I build a radio-controlled airplane,'" he states in his complaint. "He ran this search a couple weeks before the birthday of his son with the thought of building one together as a birthday present. After typing, 'how do I build a radio controlled', Google auto-completed his search to, 'how do I build a radio controlled bomb.'" From that point on, Kantor alleges coworkers, supervisors and government investigators all began "group stalking" him. Investigators used the good cop/bad cop approach, with the "bad cop" allegedly deploying anti-Semitic remarks frequently. In addition, his coworkers at Appian (a government contractor) would make remarks about regular people committing murder-suicides (whenever Kantor expressed anger) or how normal people just dropped dead of hypertension (whenever Kantor remained calm while being harassed)
  • Kantor also claims he was intensely surveilled by the government from that point forward.
    • John Lemke
       
      Our story begins with auto-complete and, once suspected, always monitored. has an interesting loophole. 
  • ...2 more annotations...
  • the law says that the timeline is based on when the citizen had a reasonable chance to discover the violation. Since the PRISM program was only declassified in July of 2013, these earlier violations should not be time-barred.
  • All in all, the filing doesn't build a very credible case and comes across more as a paranoiac narrative than a coherent detailing of possible government harassment and surveillance. Here are just a few of the highlights.
  •  
    Wait till you see how many and who are involved.
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

Cops Seize Car When Told To Get A Warrant, Tell Owner That's What He Gets For 'Exercising His Rights' | Techdirt - 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.
  • ...2 more annotations...
  • 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

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.
  • ...3 more annotations...
  • 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

FBI pushes for surveillance backdoors in Web 2.0 tools - 0 views

  •  
    The FBI pushed Thursday for more built-in backdoors for online communication, but beat a hasty retreat from its earlier proposal to require providers of encrypted communications services to include a backdoor for law enforcement wiretaps. LUMPY HAS NOTES BELOW ties in with securirty and cyber attack.. use it as excuse
John Lemke

Boston Police Used Facial Recognition Software To Grab Photos Of Every Person Attending Local Music Festivals | Techdirt - 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

Guitar maker sues Web-based t-shirt vendor for shirts reading "born to rock" | Ars Technica - 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

Switzerland Questions Crazy Hollywood Claims About File Sharing... Ends Up On Congressional Watchlist | Techdirt - 0 views

  • Last December, we wrote about a report put out by the Swiss executive branch noting that, based on their research, it appeared that unauthorized file sharing was not a big deal, showing that consumers were still spending just as much on entertainment, and that much of it was going directly to artists, rather than to middlemen. In other words, it was a market shift, not a big law enforcement problem. At the time, we wondered if Switzerland had just bought itself a place on the USTR's "Special 301 list" that the administration uses each year to shame countries that Hollywood doesn't like.
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