Group items tagged

Before the American people were protesting the Stop Online Piracy Act and the Protect Intellectual Property Act, the president managed to sign an international treaty which would permit foreign companies to demand that ISPs (Internet Service Providers) remove web content in the United States without any legal oversight. Entitled the Anti-Counterfeiting Trade Agreement (ACTA), the treaty was signed by Obama on October 1, 2011, but it is currently a subject of discussion because the White House is circulating a petition demanding that senators ratify the treaty.

the White House has done some maneuvering — characterizing the treaty as an "executive agreement" — thereby bypassing approval by members of Congress. Concerned by this action of the administration, Sen. Ron Wyden (D-Ore., above left) sent a letter to President Obama in which he declared: It may be possible for the U.S. to implement ACTA or any other trade agreement, once validly entered, without legislation if the agreement requires no change in U.S. law. But regardless of whether the agreement requires changes in U.S. law ... the executive branch lacks constitutional authority to enter a binding international agreement covering issues delegated by the Constitution to Congress' authority, absent congressional approval.

Similarly, TechDirt observes: ... [E]ven if Obama has declared ACTA an executive agreement (while those in Europe insist that it’s a binding treaty), there is a very real Constitutional question here: can it actually be an executive agreement? The law is clear that the only things that can be covered by executive agreements are things that involve items that are solely under the President’s mandate. That is, you can’t sign an executive agreement that impacts the things Congress has control over. But here’s the thing: intellectual property, in Article 1, Section 8 of the Constitution, is an issue given to Congress, not the President. Thus, there’s a pretty strong argument that the President legally cannot sign any intellectual property agreements as an executive agreement and, instead, must submit them to the Senate.

SAN FRANCISCO (CBS.MW) -- When an unidentified $30 debit showed up on her bank statement as an electronic funds transfer, Cheryl Hicks was mystified.

Each month, three electronic transfers go through her account -- and this wasn't one she recognized. "It just said ACH debit and the amount," said Hicks, a 33-year-old communications manager who lives near Everett, Washington.

Hicks soon discovered her phone company transformed the paper check she sent for payment into an e-transfer, and her bank failed to list either the check number or the recipient on her statement.

Sen. Patrick Leahy on Tuesday unveiled an overhaul to a 25-year-old digital privacy law that would require the government to obtain warrants before accesssing email and other cloud-based data. The update to the Electronic Communications Privacy Act (ECPA), would also extend to location-based data, and allow private companies to collaborate with the government in the event of a cyber attack. The ECPA was first enacted in 1986, well before the Internet, email, or smartphones. As a result, it is "significantly outdated and out-paced by rapid changes in technology and the changing mission of our law enforcement agencies after September 11," said Leahy, a Vermont Democrat. As a result, Leahy's updated 2011 version of the ECPA would apply to technologies like email, cloud services, and location data on smartphones. If the government wanted an ISP to hand over emails on a particular customer, for example, they would need to first obtain a warrant. At this point, the government abides by a rule that provides access to email after 180 days, depending on the circumstance.

At the close of an almost three-hour hearing on cell-phone tracking, Sen. Al Franken said Tuesday that he still has "serious doubts" that consumers' privacy rights are being respected when it comes to location-based services via iOS and Android. "I think that people have a right to know who is getting their information, and a right to decide how that information is shared and used," said Franken. "After having heard today's testimony, I have serious doubts that those rights are being respected in law or in practice."

"We need to think seriously about how to address this problem, [especially since] mobile devices are only going to become more and more popular," he continued. "This is an urgent issue we'll be dealing with." Franken, a Minnesota Democrat who chairs the new Senate Judiciary Subcommittee on Privacy, Technology and the Law, heard testimony from Apple and Google executives today about how their mobile platforms collect and use location-based data, and what type of control users have over that information. Google said that any location-based data it collects via its Android mobile operating system is anonymous in nature and the majority of that information is deleted after one week. "The location information sent to Google servers when users opt in to location services on Android is anonymized and stored in the aggregate and is not tied or traceable to a specific user," said Alan Davidson, director of public policy at Google. "The collected information is stored with a hashed version of an anonymous token, which is deleted after approximately one week."

The Department of Justice (DOJ) is calling for laws requiring wireless carriers to store user location data that could be helpful to criminal investigations in which a person's location is critical to solving the crime. The request came, ironically enough, in the middle of a Senate hearing at which lawmakers grilled Apple and Google executives over their collection and use of location-based data from iPad, iPhone, and Android devices

Jason Weinstein, deputy assistant attorney general for the Criminal Division of the DOJ, Tuesday testified before the Senate Judiciary Committee's Subcommittee on Privacy, Technology and the Law that it would be useful if companies that have access to smartphone location data could provide that information lawfully to criminal investigators. The DOJ is particularly interested in the data as it pertains to investigations about cyber crimes that target mobile devices, child abductions, and others in which a mobile phone user's location is crucial, he said.

"With cybercrime now the second largest criminal activity in the world, measures such as the creation of an 'Internet Interpol' and better cooperation between international law enforcement agencies are needed if criminals are to be curtailed in the future, Kaspersky Labs founder and security expert Eugene Kaspersky has argued. He said, 'We were talking about that 10 years ago and almost nothing has happened. Sooner or later we will have one. I am also talking about Internet passports and having an online ID. Some countries are introducing this idea, so maybe in 15 years we will all have it.'"

The Dutch consortium of major banks and MNOs which in 2010 signed a letter of intent to jointly introduce mobile payments at the checkout in the Netherlands have taken their initiative one step further.

The partnership, which includes financial services providers ABN AMRO, Rabobank and ING as well as KPN and Vodafone, will notify the initiative for approval to the European Commission in Brussels.

It is expected that the EC will communicate its vision in the first quarter of 2012. After that, the consortium can start the actual execution of the plans. It is expected that Dutch consumers can experience payments with their mobile early 2013.

Through gesture recognition techniques we detect different kind of fingers-touch and associate them with different sounds. In the video we used two different audio synthesis techniques: - physic modelling, which consists in generating the sound by simulating physical laws; - concatenative synthesis (audio mosaicing), in which the sound of the contact microphone is associated with its closest frame present in a sound database. To put it another way, the system is transforming the vibrations transmitted from touch through a rigid body into waveforms that a computer can, in real time, recognize and either transmute into audible sound or use as a triggering mechanism for other sounds. It's an ingenious approach, especially because Zamborlin has made the system clever enough to recognize the sound of particular gestures, so that the interface can accomplish more than just triggering actions when it "hears" a tap.

will touch interfaces of the future rely on sounds as well as capacitance? Perhaps sound would be a cheaper, more-durable option for certain kinds of interfaces, making touch interactions all the more ubiquitous.

The business climate, it turns out, is a lot like the weather. And we've entered a next-two-hours era. The pace of change in our economy and our culture is accelerating--fueled by global adoption of social, mobile, and other new technologies--and our visibility about the future is declining.

Uncertainty has taken hold in boardrooms and cubicles, as executives and workers (employed and unemployed) struggle with core questions: Which competitive advantages have staying power? What skills matter most? How can you weigh risk and opportunity when the fundamentals of your business may change overnight?

Look at the global cell-phone business. Just five years ago, three companies controlled 64% of the smartphone market: Nokia, Research in Motion, and Motorola. Today, two different companies are at the top of the industry: Samsung and Apple. This sudden complete swap in the pecking order of a global multibillion-dollar industry is unprecedented. Consider the meteoric rise of Groupon and Zynga, the disruption in advertising and publishing, the advent of mobile ultrasound and other "mHealth" breakthroughs (see "Open Your Mouth And Say 'Aah!'). Online-education efforts are eroding our assumptions about what schooling looks like. Cars are becoming rolling, talking, cloud-connected media hubs. In an age where Twitter and other social-media tools play key roles in recasting the political map in the Mideast; where impoverished residents of refugee camps would rather go without food than without their cell phones; where all types of media, from music to TV to movies, are being remade, redefined, defended, and attacked every day in novel ways--there is no question that we are in a new world.

In the past 20 years, a lot of research has been done towards visual information retrieval on pictures and video files. Not all of it has been successful. But on the last years, the quality of these visual search engines has reached levels that are beginning to be acceptable for eDiscovery, compliance, law enforcement and intelligence applications.

More and more electronically stored information (ESI) is non-text based or does not contain any searchable text components: sound recordings, video and pictures are growing exponentially in size and more and more collaborative and social network applications support (only) these information formats.

In addition, a whole generation is growing up that no longer uses written communication forms such as letters or emails: they only use social networks and other new media forms for communication and collaboration.

The story involves a music blogger named JP, who runs the appropriately named JP’s blog. JP also has a Twitter account, where he mostly seems to post links to his blog One such post was about the leak of the new album by The National. That post includes a link to Amazon where people can purchase the new album… and also a link to a download of one song (in MP3 format) from the album. Someone — and it’s not at all clear who — apparently filed a DMCA claim over the Twitter message about the leak, and Twitter responded by taking down the tweet and sending JP a note: jp917, Apr 22 03:10 pm (PDT): Hello, The following material has been removed from your account in response to a DMCA take-down notice: Tweet: http://twitter.com/jp917/statuses/12499491144 — New Post: Leaked: The National — High Violet http://jpsblog.net/2010/04/20/leaked-the-national-high-violet/ Twitter is receiving a takedown notice (in theory) from the copyright holder, and Twitter is merely responding to that takedown and notifying the user. Second, JP claims that he only linked to Amazon and not to a download, but looking at his blog post, there are two clear links to a single song from the album — one at Mediafire and the other via Box.net. He makes no claim that these are authorized, so perhaps they are potentially infringing, which makes things a bit messier. It is true that his main link is to Amazon, encouraging people to purchase, but there are those MP3 links as well (though, again, only to a single song, not the whole album).Read more at techdirt.com

Rainier , director of the Pew Internet & American Life Project, looks ahead and makes a lengthy prediction of where we’re headed via the internet. As tempting as it was to clip the whole thing, I’ve resisted which means you will want to follow the link to read the article.

Themes:Cognitive capacities will shift (memorization)New literacies will be required. Fourth “R” is retrieval… “extreme Googlers”Tech isn’t the problem; people’s inherent character traits is the issuePerformance of information markets is a big unknown especially in the age of social media and junk information … Google will improve.Innovation ecosystem will change so radically (bandwidth/processing) that it’s hard to forecastBasic trends are evident — “the internet of things” and “sensors” and “mobile” and “location-based services” and “3D” and “speech recognition” and “translation systems”Law/regulations to protect privacy even though more disclosure required“Workarounds” to provide a measure of anonymityConfidentiality and autonomy will replace yearning for anonymityRise of social media is as much a challenge to anonymity as authentication requirements. Reputation management and information responsibility will emerge. Significantly more responsive govt, biz, NFP (71%/72%) v (26/26) [responses - anonymous, not-anonymous] Tide too strong to resist – pressure for transparency is powerfulData wil be the platform for changeEfficiency and responsiveness aren’t the same thingWe’re reading and writing more than our parents – participation breeds engagementNature of writing has changed (public). Quality will get better due to feedback and flamersReading and writing will be different in 10 years; screen literacy will become importantRead more at wiredpen.com

Apple has not removed any apps from its App Store for violations related to location-based services, Apple executive Guy Tribble told a Senate subcommittee Tuesday. In most cases, Apple tries to identify potentially troublesome apps before they are admitted into the App Store or work with the developer to resolve any issues that arise, Tribble told the Senate Judiciary Subcommittee on Privacy, Technology and the Law during a hearing on cell phone location services.

Since 2007, the US federal minimum wage has been set at $7.15 an hour, yet workers on Amazon’s Mechanical Turk—many of whom live in the US—make an average of $2 (according to the estimates of Mechanical Turk researcher Alex Quinn).  As illustrated in the above image, Amazon, itself, encourages businesses (at least implicitly) to pay workers (or “turkers” as they are called) less-than-minimum wages.  Moreover, to even qualify for these low-paying tasks called HITs (Human Intelligence Tasks), turkers are often expected to complete unpaid training sessions that can last for up to an hour.  Also, because turkers receive micro-payments for each task and because the time to completion for each task is rationalized to the second, turkers receive no pay during normal periods of rest during the workday.

Mechanical Turk is a crowdsourcing platform that allow anyone to recruit laborers for short online tasks, which cannot be effectively completed by computers.  For examples, turkers might compile contact information for various businesses, sort through images and tag offensive ones, or participate in university research experiments.  Because of the piecemeal and spatially-disembedded nature of the work, it is virtually unregulated. Can we simply dismiss this subversion of labor laws—as some commentators have—on the grounds that “$2 an hour is a decent wage in India?”  Even if we are angered by this exploitation of turkers, is it even possible to regulate an international platform of this sort?

Warning notices at the top of websites, annoying pop-up windows, forms asking for your consent ... fears have been voiced that browsing the web could become more complicated and time-consuming as a result of "challenging" new EU rules on internet cookies.They are small text files put on to our computers by websites so they can remember things about us, and almost every site uses them.But at one minute past midnight on Thursday 26 May, the law surrounding the way they are used changed.

From that date, all UK businesses and organisations running websites in this country were required to obtain people's consent before they install cookies on their machines.Some experts have said that where the new rules could have a big impact is if people are looking at lots of different sites they have no relationship with. For example, you might be browsing a dozen online retailers looking for the best price on an item. The worst-case scenario is that every time you visit a new site, you face a pop-up window, a "splash page" (which comes up before the home page) or a bar at the top, informing you about how cookies are used on the site, and asking for your consent.

Workers who don't trust the boss to keep track of their wages can now do it themselves with a new smart phone application from the Department of Labor. But employers worry that the time sheet app, along with other new initiatives, could encourage even more wage and hour lawsuits. The app lets workers calculate regular work hours, break time and overtime pay to create their own wage records. Department officials say the information could prove valuable in a dispute over pay or during a government investigation when an employer has failed to keep accurate records. "This app will help empower workers to understand and stand up for their rights when employers have denied their hard-earned pay," Labor Secretary Hilda Solis said. The app is the latest example of the Obama administration's push for more aggressive enforcement of wage and hour laws. The agency has hired about 300 more investigators to probe complaints of unpaid work time, lack of overtime pay and minimum wage violations.

"Steve Green reports that one of the website operators accused of copyright infringement by Righthaven has retaliated, hitting the Las Vegas company with a class-action counterclaim, charging that defendants in all 57 Righthaven cases in Colorado 'are victims of extortion litigation by Righthaven, which has made such extortion litigation a part of its, if not its entire, business model.' The counterclaim says Righthaven has victimized defendants by failing to send takedown notices prior to suing, by threatening to take their website domain names when that's not provided for under the federal Copyright Act, by falsely claiming it owns the copyrights at issue and by failing to investigate jurisdictional and fair use issues before suing, among other things. The claim seeks an adjudication that Righthaven's copyright infringement lawsuits amount to unfair and deceptive trade practices under Colorado law, an injunction permanently enjoining Righthaven from continuing the alleged unfair and deceptive trade practices, an unspecified financial award to the class-action plaintiffs for damages as well as their costs and attorney's fees."

The internet is a tool which contributes to the "progress of humankind as a whole" and should be available to all.That is the view of Frank La Rue, the UN's Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression.

Mr La Rue was tasked with writing a report looking into global access to the internet as a medium for freedom of opinion and expression.

In the final document [PDF] presented to the Human Rights Council this week, he concluded that the removal of an individual's internet access should only take place in "few, exceptional and limited circumstances prescribed by human rights law".