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Paul Merrell

EFF Pries More Information on Zero Days from the Government's Grasp | Electronic Fronti... - 0 views

  • Until just last week, the U.S. government kept up the charade that its use of a stockpile of security vulnerabilities for hacking was a closely held secret.1 In fact, in response to EFF’s FOIA suit to get access to the official U.S. policy on zero days, the government redacted every single reference to “offensive” use of vulnerabilities. To add insult to injury, the government’s claim was that even admitting to offensive use would cause damage to national security. Now, in the face of EFF’s brief marshaling overwhelming evidence to the contrary, the charade is over. In response to EFF’s motion for summary judgment, the government has disclosed a new version of the Vulnerabilities Equities Process, minus many of the worst redactions. First and foremost, it now admits that the “discovery of vulnerabilities in commercial information technology may present competing ‘equities’ for the [government’s] offensive and defensive mission.” That might seem painfully obvious—a flaw or backdoor in a Juniper router is dangerous for anyone running a network, whether that network is in the U.S. or Iran. But the government’s failure to adequately weigh these “competing equities” was so severe that in 2013 a group of experts appointed by President Obama recommended that the policy favor disclosure “in almost all instances for widely used code.” [.pdf].
  • The newly disclosed version of the Vulnerabilities Equities Process (VEP) also officially confirms what everyone already knew: the use of zero days isn’t confined to the spies. Rather, the policy states that the “law enforcement community may want to use information pertaining to a vulnerability for similar offensive or defensive purposes but for the ultimate end of law enforcement.” Similarly it explains that “counterintelligence equities can be defensive, offensive, and/or law enforcement-related” and may “also have prosecutorial responsibilities.” Given that the government is currently prosecuting users for committing crimes over Tor hidden services, and that it identified these individuals using vulnerabilities called a “Network Investigative Technique”, this too doesn’t exactly come as a shocker. Just a few weeks ago, the government swore that even acknowledging the mere fact that it uses vulnerabilities offensively “could be expected to cause serious damage to the national security.” That’s a standard move in FOIA cases involving classified information, even though the government unnecessarily classifies documents at an astounding rate. In this case, the government relented only after nearly a year and a half of litigation by EFF. The government would be well advised to stop relying on such weak secrecy claims—it only risks undermining its own credibility.
  • The new version of the VEP also reveals significantly more information about the general process the government follows when a vulnerability is identified. In a nutshell, an agency that discovers a zero day is responsible for invoking the VEP, which then provides for centralized coordination and weighing of equities among all affected agencies. Along with a declaration from an official at the Office of the Director of National Intelligence, this new information provides more background on the reasons why the government decided to develop an overarching zero day policy in the first place: it “recognized that not all organizations see the entire picture of vulnerabilities, and each organization may have its own equities and concerns regarding the prioritization of patches and fixes, as well as its own distinct mission obligations.” We now know the VEP was finalized in February 2010, but the government apparently failed to implement it in any substantial way, prompting the presidential review group’s recommendation to prioritize disclosure over offensive hacking. We’re glad to have forced a little more transparency on this important issue, but the government is still foolishly holding on to a few last redactions, including refusing to name which agencies participate in the VEP. That’s just not supportable, and we’ll be in court next month to argue that the names of these agencies must be disclosed. 
Paul Merrell

The Supreme Court's Groundbreaking Privacy Victory for the Digital Age | American Civil... - 0 views

  • The Supreme Court on Friday handed down what is arguably the most consequential privacy decision of the digital age, ruling that police need a warrant before they can seize people’s sensitive location information stored by cellphone companies. The case specifically concerns the privacy of cellphone location data, but the ruling has broad implications for government access to all manner of information collected about people and stored by the purveyors of popular technologies. In its decision, the court rejects the government’s expansive argument that people lose their privacy rights merely by using those technologies. Carpenter v. U.S., which was argued by the ACLU, involves Timothy Carpenter, who was convicted in 2013 of a string of burglaries in Detroit. To tie Carpenter to the burglaries, FBI agents obtained — without seeking a warrant — months’ worth of his location information from Carpenter’s cellphone company. They got almost 13,000 data points tracking Carpenter’s whereabouts during that period, revealing where he slept, when he attended church, and much more. Indeed, as Chief Justice John Roberts wrote in Friday’s decision, “when the Government tracks the location of a cell phone it achieves near perfect surveillance, as if it had attached an ankle monitor to the phone’s user.”.
  • The ACLU argued the agents had violated Carpenter’s Fourth Amendment rights when they obtained such detailed records without a warrant based on probable cause. In a decision written by Chief Justice John Roberts, the Supreme Court agreed, recognizing that the Fourth Amendment must apply to records of such unprecedented breadth and sensitivity: Mapping a cell phone’s location over the course of 127 days provides an all-encompassing record of the holder’s whereabouts. As with GPS information, the timestamped data provides an intimate window into a person’s life, revealing not only his particular movements, but through them his ‘familial, political, professional, religious, and sexual associations.’
  • The government’s argument that it needed no warrant for these records extends far beyond cellphone location information, to any data generated by modern technologies and held by private companies rather than in our own homes or pockets. To make their case, government lawyers relied on an outdated, 1970s-era legal doctrine that says that once someone shares information with a “third party” — in Carpenter’s case, a cellphone company — that data is no longer protected by the Fourth Amendment. The Supreme Court made abundantly clear that this doctrine has its limits and cannot serve as a carte blanche for the government seizure of any data of its choosing without judicial oversight.
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  • While the decision extends in the immediate term only to historical cellphone location data, the Supreme Court’s reasoning opens the door to the protection of the many other kinds of data generated by popular technologies. Today’s decision provides a groundbreaking update to privacy rights that the digital age has rendered vulnerable to abuse by the government’s appetite for surveillance. It recognizes that “cell phones and the services they provide are ‘such a pervasive and insistent part of daily life’ that carrying one is indispensable to participation in modern society.” And it helps ensure that we don’t have to give up those rights if we want to participate in modern life. 
Paul Merrell

FBI's secret method of unlocking iPhone may never reach Apple | Reuters - 0 views

  • The FBI may be allowed to withhold information about how it broke into an iPhone belonging to a gunman in the December San Bernardino shootings, despite a U.S. government policy of disclosing technology security flaws discovered by federal agencies. Under the U.S. vulnerabilities equities process, the government is supposed to err in favor of disclosing security issues so companies can devise fixes to protect data. The policy has exceptions for law enforcement, and there are no hard rules about when and how it must be applied.Apple Inc has said it would like the government to share how it cracked the iPhone security protections. But the Federal Bureau of Investigation, which has been frustrated by its inability to access data on encrypted phones belonging to criminal suspects, might prefer to keep secret the technique it used to gain access to gunman Syed Farook's phone. The referee is likely to be a White House group formed during the Obama administration to review computer security flaws discovered by federal agencies and decide whether they should be disclosed.
  • Stewart Baker, former general counsel of the NSA and now a lawyer with Steptoe & Johnson, said the review process could be complicated if the cracking method is considered proprietary by the third party that assisted the FBI.Several security researchers have pointed to the Israel-based mobile forensics firm Cellebrite as the likely third party that helped the FBI. That company has repeatedly declined comment.
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    The article is wide of the mark, based on analysis of Executive Branch policy rather than the governing law such as the Freedom of Information Act. And I still find it somewhat ludicrous that a third party with knowledge of the defect could succeed in convincing a court that knowledge of a defect in a company's product is trade-secret proprietary information. "Your honor, my client has discovered a way to break into Mr. Tim Cook's house without a key to his house. That is a valuable trade secret that this Court must keep Mr. Cook from learning." Pow! The Computer Fraud and Abuse Act makes it a crime to access a computer that can connect to the Internet by exploiting a software bug. 
Gary Edwards

Cloud file-sharing for enterprise users - 1 views

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    Quick review of different sync-share-store services, starting with DropBox and ending with three Open Source services. Very interesting. Things have progressed since I last worked on the SurDocs project for Sursen. No mention in this review of file formats, conversion or viewing issues. I do know that CrocoDoc is used by near every sync-share-store service to convert documents to either pdf or html formats for viewing. No servie however has been able to hit the "native document" sweet spot. Not even SurDocs - which was the whole purpose behind the project!!! "Native Documents" means that the document is in it's native / original application format. That format is needed for the round tripping and reloading of the document. Although most sync-share-store services work with MSOffice OXML formatted documents, only Microsoft provides a true "native" format viewer (Office 365). Office 365 enables direct edit, view and collaboration on native documents. Which is an enormous advantage given that conversion of any sort is guaranteed to "break" a native document and disrupt any related business processes or round tripping need. It was here that SurDoc was to provide a break-through technology. Sadly, we're still waiting :( excerpt: The availability of cheap, easy-to-use and accessible cloud file-sharing services means users have more freedom and choice than ever before. Dropbox pioneered simplicity and ease of use, and so quickly picked up users inside the enterprise. Similar services have followed Dropbox's lead and now there are dozens, including well-known ones such as Google Drive, SkyDrive and Ubuntu One. cloud.jpg Valdis Filks , research director at analyst firm Gartner explained the appeal of cloud file-sharing services. Filks said: "Enterprise employees use Dropbox and Google because they are consumer products that are simple to use, can be purchased without officially requesting new infrastructure or budget expenditure, and can be installed qu
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    Odd that the reporter mentions the importance of security near the top of the article but gives that topic such short shrift in his evaluation of the services. For example, "secured by 256-bit AES encryption" is meaningless without discussing other factors such as: [i] who creates the encryption keys and on which side of the server/client divide; and [ii] the service's ability to decrypt the customer's content. Encrypt/decryt must be done on the client side using unique keys that are unknown to the service, else security is broken and if the service does business in the U.S. or any of its territories or possessions, it is subject to gagged orders to turn over the decrypted customer information. My wisdom so far is to avoid file sync services to the extent you can, boycott U.S. services until the spy agencies are encaged, and reward services that provide good security from nations with more respect for digital privacy, to give U.S.-based services an incentive to lobby *effectively* on behalf of their customer's privacy in Congress. The proof that they are not doing so is the complete absence of bills in Congress that would deal effectively with the abuse by U.S. spy agencies. From that standpoint, the Switzerland-based http://wuala.com/ file sync service is looking pretty good so far. I'm using it.
Paul Merrell

Exclusive: How FBI Informant Sabu Helped Anonymous Hack Brazil | Motherboard - 0 views

  • In early 2012, members of the hacking collective Anonymous carried out a series of cyber attacks on government and corporate websites in Brazil. They did so under the direction of a hacker who, unbeknownst to them, was wearing another hat: helping the Federal Bureau of Investigation carry out one of its biggest cybercrime investigations to date. A year after leaked files exposed the National Security Agency's efforts to spy on citizens and companies in Brazil, previously unpublished chat logs obtained by Motherboard reveal that while under the FBI's supervision, Hector Xavier Monsegur, widely known by his online persona, "Sabu," facilitated attacks that affected Brazilian websites. The operation raises questions about how the FBI uses global internet vulnerabilities during cybercrime investigations, how it works with informants, and how it shares information with other police and intelligence agencies. 
  • After his arrest in mid-2011, Monsegur continued to organize cyber attacks while working for the FBI. According to documents and interviews, Monsegur passed targets and exploits to hackers to disrupt government and corporate servers in Brazil and several other countries. Details about his work as a federal informant have been kept mostly secret, aired only in closed-door hearings and in redacted documents that include chat logs between Monsegur and other hackers. The chat logs remain under seal due to a protective order upheld in court, but in April, they and other court documents were obtained by journalists at Motherboard and the Daily Dot. 
Paul Merrell

Court gave NSA broad leeway in surveillance, documents show - The Washington Post - 0 views

  • Virtually no foreign government is off-limits for the National Security Agency, which has been authorized to intercept information “concerning” all but four countries, according to top-secret documents. The United States has long had broad no-spying arrangements with those four countries — Britain, Canada, Australia and New Zealand — in a group known collectively with the United States as the Five Eyes. But a classified 2010 legal certification and other documents indicate the NSA has been given a far more elastic authority than previously known, one that allows it to intercept through U.S. companies not just the communications of its overseas targets but any communications about its targets as well.
  • The certification — approved by the Foreign Intelligence Surveillance Court and included among a set of documents leaked by former NSA contractor Edward Snowden — lists 193 countries that would be of valid interest for U.S. intelligence. The certification also permitted the agency to gather intelligence about entities including the World Bank, the International Monetary Fund, the European Union and the International Atomic Energy Agency. The NSA is not necessarily targeting all the countries or organizations identified in the certification, the affidavits and an accompanying exhibit; it has only been given authority to do so. Still, the privacy implications are far-reaching, civil liberties advocates say, because of the wide spectrum of people who might be engaged in communication about foreign governments and entities and whose communications might be of interest to the United States.
  • That language could allow for surveillance of academics, journalists and human rights researchers. A Swiss academic who has information on the German government’s position in the run-up to an international trade negotiation, for instance, could be targeted if the government has determined there is a foreign-intelligence need for that information. If a U.S. college professor e-mails the Swiss professor’s e-mail address or phone number to a colleague, the American’s e-mail could be collected as well, under the program’s court-approved rules
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  • On Friday, the Office of the Director of National Intelligence released a transparency report stating that in 2013 the government targeted nearly 90,000 foreign individuals or organizations for foreign surveillance under the program. Some tech-industry lawyers say the number is relatively low, considering that several billion people use U.S. e-mail services.
  • Still, some lawmakers are concerned that the potential for intrusions on Americans’ privacy has grown under the 2008 law because the government is intercepting not just communications of its targets but communications about its targets as well. The expansiveness of the foreign-powers certification increases that concern.
  • In a 2011 FISA court opinion, a judge using an NSA-provided sample estimated that the agency could be collecting as many as 46,000 wholly domestic e-mails a year that mentioned a particular target’s e-mail address or phone number, in what is referred to as “about” collection. “When Congress passed Section 702 back in 2008, most members of Congress had no idea that the government was collecting Americans’ communications simply because they contained a particular individual’s contact information,” Sen. Ron Wyden (D-Ore.), who has co-sponsored ­legislation to narrow “about” collection authority, said in an e-mail to The Washington Post. “If ‘about the target’ collection were limited to genuine national security threats, there would be very little privacy impact. In fact, this collection is much broader than that, and it is scooping up huge amounts of Americans’ wholly domestic communications.”
  • The only reason the court has oversight of the NSA program is that Congress in 2008 gave the government a new authority to gather intelligence from U.S. companies that own the Internet cables running through the United States, former officials noted. Edgar, the former privacy officer at the Office of the Director of National Intelligence, said ultimately he believes the authority should be narrowed. “There are valid privacy concerns with leaving these collection decisions entirely in the executive branch,” he said. “There shouldn’t be broad collection, using this authority, of foreign government information without any meaningful judicial role that defines the limits of what can be collected.”
Paul Merrell

Thousands of HTML5 tests planned by Web consortium - 0 views

  • W3C is warning against drawing any conclusions based on the early tests, saying thousands of more HTML5 tests are planned. The goal of the tests is not to declare one browser a winner, but rather to help vendors and Web application developers ensure interoperability across all browsers, W3C says.
  • "We do expect to have tens of thousands of tests," says Philippe Le Hegaret, who oversees HTML activities for the W3C. 
  • the purpose of the HTML5 test suite is to help vendors and developers ensure that HTML5 applications work across all browsers. For example, a developer might check the test results before enabling a certain feature in an application, just to make sure it will work across IE9, Firefox, Chrome, Safari and Opera. Developers can build HTML5 applications today, but they have to keep in mind that they are early adopters and act accordingly, Le Hegaret says. "If you think HTML5 is perfectly stable today and you can use it without worrying about interoperability issues, I think you're going to fool yourself," he says. Although the first round of HTML5 tests focused on desktop browsers, Le Hegaret says HTML5 compatibility is advancing more rapidly on mobile devices such as iPhones and Androids.
    • Paul Merrell
       
      Note the continuing, indeed, escalating abuse of the term "interoperability" by W3C. "Interoperability" has both a legal and (happily, coinciding) technical meaning that involves round-tripping of information. ISO/IEC JTC 1 Directives defines the term in precisely the same terms as the European Union's Court of First Instance did in the landmark Commmission v. Microsoft antitrust case; "interoperability is understood to be the ability of two or more IT systems to *exchange* information at one or more standardised interfaces and to make *mutual use* of the information that has been exchanged." Web browsers do not do "interoperability;" there is no "exchange" and "mutual use" of the information exchanged. Web browsers do "compatibility," a one-way transfer of information that is broadcast from web servers; i.e., web browsers cannot send web pages to web servers.
Paul Merrell

ExposeFacts - For Whistleblowers, Journalism and Democracy - 0 views

  • Launched by the Institute for Public Accuracy in June 2014, ExposeFacts.org represents a new approach for encouraging whistleblowers to disclose information that citizens need to make truly informed decisions in a democracy. From the outset, our message is clear: “Whistleblowers Welcome at ExposeFacts.org.” ExposeFacts aims to shed light on concealed activities that are relevant to human rights, corporate malfeasance, the environment, civil liberties and war. At a time when key provisions of the First, Fourth and Fifth Amendments are under assault, we are standing up for a free press, privacy, transparency and due process as we seek to reveal official information—whether governmental or corporate—that the public has a right to know. While no software can provide an ironclad guarantee of confidentiality, ExposeFacts—assisted by the Freedom of the Press Foundation and its “SecureDrop” whistleblower submission system—is utilizing the latest technology on behalf of anonymity for anyone submitting materials via the ExposeFacts.org website. As journalists we are committed to the goal of protecting the identity of every source who wishes to remain anonymous.
  • The seasoned editorial board of ExposeFacts will be assessing all the submitted material and, when deemed appropriate, will arrange for journalistic release of information. In exercising its judgment, the editorial board is able to call on the expertise of the ExposeFacts advisory board, which includes more than 40 journalists, whistleblowers, former U.S. government officials and others with wide-ranging expertise. We are proud that Pentagon Papers whistleblower Daniel Ellsberg was the first person to become a member of the ExposeFacts advisory board. The icon below links to a SecureDrop implementation for ExposeFacts overseen by the Freedom of the Press Foundation and is only accessible using the Tor browser. As the Freedom of the Press Foundation notes, no one can guarantee 100 percent security, but this provides a “significantly more secure environment for sources to get information than exists through normal digital channels, but there are always risks.” ExposeFacts follows all guidelines as recommended by Freedom of the Press Foundation, and whistleblowers should too; the SecureDrop onion URL should only be accessed with the Tor browser — and, for added security, be running the Tails operating system. Whistleblowers should not log-in to SecureDrop from a home or office Internet connection, but rather from public wifi, preferably one you do not frequent. Whistleblowers should keep to a minimum interacting with whistleblowing-related websites unless they are using such secure software.
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    A new resource site for whistle-blowers. somewhat in the tradition of Wikileaks, but designed for encrypted communications between whistleblowers and journalists.  This one has an impressive board of advisors that includes several names I know and tend to trust, among them former whistle-blowers Daniel Ellsberg, Ray McGovern, Thomas Drake, William Binney, and Ann Wright. Leaked records can only be dropped from a web browser running the Tor anonymizer software and uses the SecureDrop system originally developed by Aaron Schwartz. They strongly recommend using the Tails secure operating system that can be installed to a thumb drive and leaves no tracks on the host machine. https://tails.boum.org/index.en.html Curious, I downloaded Tails and installed it to a virtual machine. It's a heavily customized version of Debian. It has a very nice Gnome desktop and blocks any attempt to connect to an external network by means other than installed software that demands encrypted communications. For example, web sites can only be viewed via the Tor anonymizing proxy network. It does take longer for web pages to load because they are moving over a chain of proxies, but even so it's faster than pages loaded in the dial-up modem days, even for web pages that are loaded with graphics, javascript, and other cruft. E.g., about 2 seconds for New York Times pages. All cookies are treated by default as session cookies so disappear when you close the page or the browser. I love my Linux Mint desktop, but I am thinking hard about switching that box to Tails. I've been looking for methods to send a lot more encrypted stuff down the pipe for NSA to store. Tails looks to make that not only easy, but unavoidable. From what I've gathered so far, if you want to install more software on Tails, it takes about an hour to create a customized version and then update your Tails installation from a new ISO file. Tails has a wonderful odor of having been designed for secure computing. Current
Paul Merrell

UN Report Finds Mass Surveillance Violates International Treaties and Privacy Rights - ... - 0 views

  • The United Nations’ top official for counter-terrorism and human rights (known as the “Special Rapporteur”) issued a formal report to the U.N. General Assembly today that condemns mass electronic surveillance as a clear violation of core privacy rights guaranteed by multiple treaties and conventions. “The hard truth is that the use of mass surveillance technology effectively does away with the right to privacy of communications on the Internet altogether,” the report concluded. Central to the Rapporteur’s findings is the distinction between “targeted surveillance” — which “depend[s] upon the existence of prior suspicion of the targeted individual or organization” — and “mass surveillance,” whereby “states with high levels of Internet penetration can [] gain access to the telephone and e-mail content of an effectively unlimited number of users and maintain an overview of Internet activity associated with particular websites.” In a system of “mass surveillance,” the report explained, “all of this is possible without any prior suspicion related to a specific individual or organization. The communications of literally every Internet user are potentially open for inspection by intelligence and law enforcement agencies in the States concerned.”
  • Mass surveillance thus “amounts to a systematic interference with the right to respect for the privacy of communications,” it declared. As a result, “it is incompatible with existing concepts of privacy for States to collect all communications or metadata all the time indiscriminately.” In concluding that mass surveillance impinges core privacy rights, the report was primarily focused on the International Covenant on Civil and Political Rights, a treaty enacted by the General Assembly in 1966, to which all of the members of the “Five Eyes” alliance are signatories. The U.S. ratified the treaty in 1992, albeit with various reservations that allowed for the continuation of the death penalty and which rendered its domestic law supreme. With the exception of the U.S.’s Persian Gulf allies (Saudi Arabia, UAE and Qatar), virtually every major country has signed the treaty. Article 17 of the Covenant guarantees the right of privacy, the defining protection of which, the report explained, is “that individuals have the right to share information and ideas with one another without interference by the State, secure in the knowledge that their communication will reach and be read by the intended recipients alone.”
  • The report’s key conclusion is that this core right is impinged by mass surveillance programs: “Bulk access technology is indiscriminately corrosive of online privacy and impinges on the very essence of the right guaranteed by article 17. In the absence of a formal derogation from States’ obligations under the Covenant, these programs pose a direct and ongoing challenge to an established norm of international law.” The report recognized that protecting citizens from terrorism attacks is a vital duty of every state, and that the right of privacy is not absolute, as it can be compromised when doing so is “necessary” to serve “compelling” purposes. It noted: “There may be a compelling counter-terrorism justification for the radical re-evaluation of Internet privacy rights that these practices necessitate. ” But the report was adamant that no such justifications have ever been demonstrated by any member state using mass surveillance: “The States engaging in mass surveillance have so far failed to provide a detailed and evidence-based public justification for its necessity, and almost no States have enacted explicit domestic legislation to authorize its use.”
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  • Instead, explained the Rapporteur, states have relied on vague claims whose validity cannot be assessed because of the secrecy behind which these programs are hidden: “The arguments in favor of a complete abrogation of the right to privacy on the Internet have not been made publicly by the States concerned or subjected to informed scrutiny and debate.” About the ongoing secrecy surrounding the programs, the report explained that “states deploying this technology retain a monopoly of information about its impact,” which is “a form of conceptual censorship … that precludes informed debate.” A June report from the High Commissioner for Human Rights similarly noted “the disturbing lack of governmental transparency associated with surveillance policies, laws and practices, which hinders any effort to assess their coherence with international human rights law and to ensure accountability.” The rejection of the “terrorism” justification for mass surveillance as devoid of evidence echoes virtually every other formal investigation into these programs. A federal judge last December found that the U.S. Government was unable to “cite a single case in which analysis of the NSA’s bulk metadata collection actually stopped an imminent terrorist attack.” Later that month, President Obama’s own Review Group on Intelligence and Communications Technologies concluded that mass surveillance “was not essential to preventing attacks” and information used to detect plots “could readily have been obtained in a timely manner using conventional [court] orders.”
  • Three Democratic Senators on the Senate Intelligence Committee wrote in The New York Times that “the usefulness of the bulk collection program has been greatly exaggerated” and “we have yet to see any proof that it provides real, unique value in protecting national security.” A study by the centrist New America Foundation found that mass metadata collection “has had no discernible impact on preventing acts of terrorism” and, where plots were disrupted, “traditional law enforcement and investigative methods provided the tip or evidence to initiate the case.” It labeled the NSA’s claims to the contrary as “overblown and even misleading.” While worthless in counter-terrorism policies, the UN report warned that allowing mass surveillance to persist with no transparency creates “an ever present danger of ‘purpose creep,’ by which measures justified on counter-terrorism grounds are made available for use by public authorities for much less weighty public interest purposes.” Citing the UK as one example, the report warned that, already, “a wide range of public bodies have access to communications data, for a wide variety of purposes, often without judicial authorization or meaningful independent oversight.”
  • The report was most scathing in its rejection of a key argument often made by American defenders of the NSA: that mass surveillance is justified because Americans are given special protections (the requirement of a FISA court order for targeted surveillance) which non-Americans (95% of the world) do not enjoy. Not only does this scheme fail to render mass surveillance legal, but it itself constitutes a separate violation of international treaties (emphasis added): The Special Rapporteur concurs with the High Commissioner for Human Rights that where States penetrate infrastructure located outside their territorial jurisdiction, they remain bound by their obligations under the Covenant. Moreover, article 26 of the Covenant prohibits discrimination on grounds of, inter alia, nationality and citizenship. The Special Rapporteur thus considers that States are legally obliged to afford the same privacy protection for nationals and non-nationals and for those within and outside their jurisdiction. Asymmetrical privacy protection regimes are a clear violation of the requirements of the Covenant.
  • That principle — that the right of internet privacy belongs to all individuals, not just Americans — was invoked by NSA whistleblower Edward Snowden when he explained in a June, 2013 interview at The Guardian why he disclosed documents showing global surveillance rather than just the surveillance of Americans: “More fundamentally, the ‘US Persons’ protection in general is a distraction from the power and danger of this system. Suspicionless surveillance does not become okay simply because it’s only victimizing 95% of the world instead of 100%.” The U.N. Rapporteur was clear that these systematic privacy violations are the result of a union between governments and tech corporations: “States increasingly rely on the private sector to facilitate digital surveillance. This is not confined to the enactment of mandatory data retention legislation. Corporates [sic] have also been directly complicit in operationalizing bulk access technology through the design of communications infrastructure that facilitates mass surveillance. ”
  • The latest finding adds to the growing number of international formal rulings that the mass surveillance programs of the U.S. and its partners are illegal. In January, the European parliament’s civil liberties committee condemned such programs in “the strongest possible terms.” In April, the European Court of Justice ruled that European legislation on data retention contravened EU privacy rights. A top secret memo from the GCHQ, published last year by The Guardian, explicitly stated that one key reason for concealing these programs was fear of a “damaging public debate” and specifically “legal challenges against the current regime.” The report ended with a call for far greater transparency along with new protections for privacy in the digital age. Continuation of the status quo, it warned, imposes “a risk that systematic interference with the security of digital communications will continue to proliferate without any serious consideration being given to the implications of the wholesale abandonment of the right to online privacy.” The urgency of these reforms is underscored, explained the Rapporteur, by a conclusion of the United States Privacy and Civil Liberties Oversight Board that “permitting the government to routinely collect the calling records of the entire nation fundamentally shifts the balance of power between the state and its citizens.”
Paul Merrell

F.B.I. Director to Call 'Dark' Devices a Hindrance to Crime Solving in a Policy Speech ... - 0 views

  • In his first major policy speech as director of the F.B.I., James B. Comey on Thursday plans to wade deeper into the debate between law enforcement agencies and technology companies about new programs intended to protect personal information on communication devices.Mr. Comey will say that encryption technologies used on these devices, like the new iPhone, have become so sophisticated that crimes will go unsolved because law enforcement officers will not be able to get information from them, according to a senior F.B.I. official who provided a preview of the speech.The speech was prompted, in part, by the new encryption technology on the iPhone 6, which was released last month. The phone encrypts emails, photos and contacts, thwarting intelligence and law enforcement agencies, like the National Security Agency and F.B.I., from gaining access to it, even if they have court approval.
  • The F.B.I. has long had concerns about devices “going dark” — when technology becomes so sophisticated that the authorities cannot gain access. But now, Mr. Comey said he believes that the new encryption technology has evolved to the point that it will adversely affect crime solving.He will say in the speech that these new programs will most severely affect state and local law enforcement agencies, because they are the ones who most often investigate crimes like kidnappings and robberies in which getting information from electronic devices in a timely manner is essential to solving the crime.
  • They also do not have the resources that are available to the F.B.I. and other federal intelligence and law enforcement authorities in order to get around the programs.Mr. Comey will cite examples of crimes that the authorities were able to solve because they gained access to a phone.“He is going to call for a discussion on this issue and ask whether this is the path we want to go down,” said the senior F.B.I. official. “He is not going to accuse the companies of designing the technologies to prevent the F.B.I. from accessing them. But, he will say that this is a negative byproduct and we need to work together to fix it.”
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  • Mr. Comey is scheduled to give the speech — titled “Going Dark: Are Technology, Privacy and Public Safety on a Collision Course?” — at the Brookings Institution in Washington.
  • In the interview that aired on “60 Minutes” on Sunday, Mr. Comey said that “the notion that we would market devices that would allow someone to place themselves beyond the law troubles me a lot.”He said that it was the equivalent of selling cars with trunks that could never be opened, even with a court order.“The notion that people have devices, again, that with court orders, based on a showing of probable cause in a case involving kidnapping or child exploitation or terrorism, we could never open that phone?” he said. “My sense is that we've gone too far when we've gone there.”
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    I'm informed that Comey will also call for legislation outlawing communication by whispering because of technical difficulties in law enforcement monitoring of such communications. 
Paul Merrell

For sale: Systems that can secretly track where cellphone users go around the globe - T... - 0 views

  • Makers of surveillance systems are offering governments across the world the ability to track the movements of almost anybody who carries a cellphone, whether they are blocks away or on another continent. The technology works by exploiting an essential fact of all cellular networks: They must keep detailed, up-to-the-minute records on the locations of their customers to deliver calls and other services to them. Surveillance systems are secretly collecting these records to map people’s travels over days, weeks or longer, according to company marketing documents and experts in surveillance technology.
  • The world’s most powerful intelligence services, such as the National Security Agency and Britain’s GCHQ, long have used cellphone data to track targets around the globe. But experts say these new systems allow less technically advanced governments to track people in any nation — including the United States — with relative ease and precision.
  • It is unclear which governments have acquired these tracking systems, but one industry official, speaking on the condition of anonymity to share sensitive trade information, said that dozens of countries have bought or leased such technology in recent years. This rapid spread underscores how the burgeoning, multibillion-dollar surveillance industry makes advanced spying technology available worldwide. “Any tin-pot dictator with enough money to buy the system could spy on people anywhere in the world,” said Eric King, deputy director of Privacy International, a London-based activist group that warns about the abuse of surveillance technology. “This is a huge problem.”
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  • Security experts say hackers, sophisticated criminal gangs and nations under sanctions also could use this tracking technology, which operates in a legal gray area. It is illegal in many countries to track people without their consent or a court order, but there is no clear international legal standard for secretly tracking people in other countries, nor is there a global entity with the authority to police potential abuses.
  • tracking systems that access carrier location databases are unusual in their ability to allow virtually any government to track people across borders, with any type of cellular phone, across a wide range of carriers — without the carriers even knowing. These systems also can be used in tandem with other technologies that, when the general location of a person is already known, can intercept calls and Internet traffic, activate microphones, and access contact lists, photos and other documents. Companies that make and sell surveillance technology seek to limit public information about their systems’ capabilities and client lists, typically marketing their technology directly to law enforcement and intelligence services through international conferences that are closed to journalists and other members of the public.
  • Yet marketing documents obtained by The Washington Post show that companies are offering powerful systems that are designed to evade detection while plotting movements of surveillance targets on computerized maps. The documents claim system success rates of more than 70 percent. A 24-page marketing brochure for SkyLock, a cellular tracking system sold by Verint, a maker of analytics systems based in Melville, N.Y., carries the subtitle “Locate. Track. Manipulate.” The document, dated January 2013 and labeled “Commercially Confidential,” says the system offers government agencies “a cost-effective, new approach to obtaining global location information concerning known targets.”
  • (Privacy International has collected several marketing brochures on cellular surveillance systems, including one that refers briefly to SkyLock, and posted them on its Web site. The 24-page SkyLock brochure and other material was independently provided to The Post by people concerned that such systems are being abused.)
  • Verint, which also has substantial operations in Israel, declined to comment for this story. It says in the marketing brochure that it does not use SkyLock against U.S. or Israeli phones, which could violate national laws. But several similar systems, marketed in recent years by companies based in Switzerland, Ukraine and elsewhere, likely are free of such limitations.
  • The tracking technology takes advantage of the lax security of SS7, a global network that cellular carriers use to communicate with one another when directing calls, texts and Internet data. The system was built decades ago, when only a few large carriers controlled the bulk of global phone traffic. Now thousands of companies use SS7 to provide services to billions of phones and other mobile devices, security experts say. All of these companies have access to the network and can send queries to other companies on the SS7 system, making the entire network more vulnerable to exploitation. Any one of these companies could share its access with others, including makers of surveillance systems.
  • Companies that market SS7 tracking systems recommend using them in tandem with “IMSI catchers,” increasingly common surveillance devices that use cellular signals collected directly from the air to intercept calls and Internet traffic, send fake texts, install spyware on a phone, and determine precise locations. IMSI catchers — also known by one popular trade name, StingRay — can home in on somebody a mile or two away but are useless if a target’s general location is not known. SS7 tracking systems solve that problem by locating the general area of a target so that IMSI catchers can be deployed effectively. (The term “IMSI” refers to a unique identifying code on a cellular phone.)
  • Verint can install SkyLock on the networks of cellular carriers if they are cooperative — something that telecommunications experts say is common in countries where carriers have close relationships with their national governments. Verint also has its own “worldwide SS7 hubs” that “are spread in various locations around the world,” says the brochure. It does not list prices for the services, though it says that Verint charges more for the ability to track targets in many far-flung countries, as opposed to only a few nearby ones. Among the most appealing features of the system, the brochure says, is its ability to sidestep the cellular operators that sometimes protect their users’ personal information by refusing government requests or insisting on formal court orders before releasing information.
  • Another company, Defentek, markets a similar system called Infiltrator Global Real-Time Tracking System on its Web site, claiming to “locate and track any phone number in the world.” The site adds: “It is a strategic solution that infiltrates and is undetected and unknown by the network, carrier, or the target.”
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    The Verint company has very close ties to the Iraeli government. Its former parent company Comverse, was heavily subsidized by Israel and the bulk of its manufacturing and code development was done in Israel. See https://en.wikipedia.org/wiki/Comverse_Technology "In December 2001, a Fox News report raised the concern that wiretapping equipment provided by Comverse Infosys to the U.S. government for electronic eavesdropping may have been vulnerable, as these systems allegedly had a back door through which the wiretaps could be intercepted by unauthorized parties.[55] Fox News reporter Carl Cameron said there was no reason to believe the Israeli government was implicated, but that "a classified top-secret investigation is underway".[55] A March 2002 story by Le Monde recapped the Fox report and concluded: "Comverse is suspected of having introduced into its systems of the 'catch gates' in order to 'intercept, record and store' these wire-taps. This hardware would render the 'listener' himself 'listened to'."[56] Fox News did not pursue the allegations, and in the years since, there have been no legal or commercial actions of any type taken against Comverse by the FBI or any other branch of the US Government related to data access and security issues. While no real evidence has been presented against Comverse or Verint, the allegations have become a favorite topic of conspiracy theorists.[57] By 2005, the company had $959 million in sales and employed over 5,000 people, of whom about half were located in Israel.[16]" Verint is also the company that got the Dept. of Homeland Security contract to provide and install an electronic and video surveillance system across the entire U.S. border with Mexico.  One need not be much of a conspiracy theorist to have concerns about Verint's likely interactions and data sharing with the NSA and its Israeli equivalent, Unit 8200. 
Paul Merrell

U.S. Says It Spied on 89,000 Targets Last Year, But the Number Is Deceptive | Threat Le... - 0 views

  • About 89,000 foreigners or organizations were targeted for spying under a U.S. surveillance order last year, according to a new transparency report. The report was released for the first time Friday by the Office of the Director of Intelligence, upon order of the president, in the wake of surveillance leaks by NSA whistleblower Edward Snowden. But the report, which covers only surveillance orders issued in 2013, doesn’t tell the whole story about how many individuals the spying targeted or how many Americans were caught in the surveillance that targeted foreigners. Civil liberties groups say the real number is likely “orders of magnitude” larger than this. “Even if it was an honest definition of ‘target’—that is, an individual instead of a group—that also is not encompassing those who are ancillary to a target and are caught up in the dragnet,” says Kurt Opsahl, deputy general counsel of the Electronic Frontier Foundation.
  • The report, remarkably, shows that the government obtained just one order last year under Section 702 of FISA—which allows for bulk collection of data on foreigners—and that this one order covered 89,138 targets. But, as the report notes, “target” can refer to “an individual person, a group, an organization composed of multiple individuals or a foreign power that possesses or is likely to communicate foreign intelligence information.” Furthermore, Section 702 orders are actually certificates issued by the FISA Court that can cover surveillance of an entire facility. And since, as the government points out in its report, the government cannot know how many people use a facility, the figure only “reflects an estimate of the number of known users of particular facilities (sometimes referred to as selectors) subject to intelligence collection under those Certifications,” the report notes.
  • “If you’re actually trying to get a sense of the number of human beings affected or the number of Americans affected, the number of people affected is vastly, vastly larger,” says Julian Sanchez, senior fellow at the Cato Institute. “And how many of those are Americans is impossible to say. But [although] you may not think you are routinely communicating with foreign persons, [this] is not any kind of assurance that your communications are not part of the traffic subject to interception.” Sanchez points out that each individual targeted is likely communicating with dozens or hundred of others, whose communications will be picked up in the surveillance. “And probably a lot of these targets are not individuals but entire web sites or companies. While [a company like the Chinese firm] Huawei might be a target, thousands of emails used by thousands of employees will be swept up.” How many of those employees might be American or communicating with Americans is unknown.
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  • Also revealed in today’s report is the number of times the government has queried the controversial phone records database it created by collecting the phone records of every subscriber from U.S. providers. According to the report, the government used 423 “selectors” to search its massive phone records database, which includes records going back to at least 2006 when the program began. A search involves querying a specific phone number or device ID that appears in the database. The government has long maintained that its collection of phone records isn’t a violation of its authority, since it only views the records of specific individuals targeted in an investigation. But such searches, even if targeted at phone numbers used by foreigners, would include calls made to and from Americans as well as calls exchanged with people two or three hops out from the targeted number.
  • In its report, the government indicated that the 423 selectors involved just 248 “known or presumed” Americans whose information was collected by the agency in the database. But Opsahl says that both of these numbers are deceptive given what we know about the database and how it’s been used. “We know it’s affecting millions of people,” he points out. But “then we have estimated numbers of affected people [that are just] in the three digits. That requires some effort [on the government's part] to find a way to do the definition of the number [in such a way] to make it as small as possible.”
  • One additional figure today’s report covers is the number of National Security Letters the government issued last year to businesses to obtain data on accountholders and users—19,212. NSLs are written demands from the FBI that compel internet service providers, credit companies, financial institutions and others to hand over confidential records about their customers, such as subscriber information, phone numbers and e-mail addresses, websites visited, and more. These letters are a powerful tool because they do not require court approval, and they come with a built-in gag order, preventing recipients from disclosing to anyone that they have received an NSL. An FBI agent looking into a possible anti-terrorism case can self-issue an NSL to a credit bureau, ISP, or phone company with only the sign-off of the Special Agent in Charge of their office. The FBI has merely to assert that the information is “relevant” to an investigation into international terrorism or clandestine intelligence activities.
  • The FBI has issued hundreds of thousands of NSLs over the years and has been reprimanded for abusing them. Last year a federal judge ruled that the use of NSLs is unconstitutional, due to the gag order that accompanies them, and ordered the government to stop using them. Her ruling, however, was stayed pending the government’s appeal.
  • According to the government’s report today, the 19,000 NSLs issued last year involved more than 38,000 requests for information.
Paul Merrell

Canadian Spies Collect Domestic Emails in Secret Security Sweep - The Intercept - 0 views

  • Canada’s electronic surveillance agency is covertly monitoring vast amounts of Canadians’ emails as part of a sweeping domestic cybersecurity operation, according to top-secret documents. The surveillance initiative, revealed Wednesday by CBC News in collaboration with The Intercept, is sifting through millions of emails sent to Canadian government agencies and departments, archiving details about them on a database for months or even years. The data mining operation is carried out by the Communications Security Establishment, or CSE, Canada’s equivalent of the National Security Agency. Its existence is disclosed in documents obtained by The Intercept from NSA whistleblower Edward Snowden. The emails are vacuumed up by the Canadian agency as part of its mandate to defend against hacking attacks and malware targeting government computers. It relies on a system codenamed PONY EXPRESS to analyze the messages in a bid to detect potential cyber threats.
  • Last year, CSE acknowledged it collected some private communications as part of cybersecurity efforts. But it refused to divulge the number of communications being stored or to explain for how long any intercepted messages would be retained. Now, the Snowden documents shine a light for the first time on the huge scope of the operation — exposing the controversial details the government withheld from the public. Under Canada’s criminal code, CSE is not allowed to eavesdrop on Canadians’ communications. But the agency can be granted special ministerial exemptions if its efforts are linked to protecting government infrastructure — a loophole that the Snowden documents show is being used to monitor the emails. The latest revelations will trigger concerns about how Canadians’ private correspondence with government employees are being archived by the spy agency and potentially shared with police or allied surveillance agencies overseas, such as the NSA. Members of the public routinely communicate with government employees when, for instance, filing tax returns, writing a letter to a member of parliament, applying for employment insurance benefits or submitting a passport application.
  • Chris Parsons, an internet security expert with the Toronto-based internet think tank Citizen Lab, told CBC News that “you should be able to communicate with your government without the fear that what you say … could come back to haunt you in unexpected ways.” Parsons said that there are legitimate cybersecurity purposes for the agency to keep tabs on communications with the government, but he added: “When we collect huge volumes, it’s not just used to track bad guys. It goes into data stores for years or months at a time and then it can be used at any point in the future.” In a top-secret CSE document on the security operation, dated from 2010, the agency says it “processes 400,000 emails per day” and admits that it is suffering from “information overload” because it is scooping up “too much data.” The document outlines how CSE built a system to handle a massive 400 terabytes of data from Internet networks each month — including Canadians’ emails — as part of the cyber operation. (A single terabyte of data can hold about a billion pages of text, or about 250,000 average-sized mp3 files.)
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  • The agency notes in the document that it is storing large amounts of “passively tapped network traffic” for “days to months,” encompassing the contents of emails, attachments and other online activity. It adds that it stores some kinds of metadata — data showing who has contacted whom and when, but not the content of the message — for “months to years.” The document says that CSE has “excellent access to full take data” as part of its cyber operations and is receiving policy support on “use of intercepted private communications.” The term “full take” is surveillance-agency jargon that refers to the bulk collection of both content and metadata from Internet traffic. Another top-secret document on the surveillance dated from 2010 suggests the agency may be obtaining at least some of the data by covertly mining it directly from Canadian Internet cables. CSE notes in the document that it is “processing emails off the wire.”
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    " CANADIAN SPIES COLLECT DOMESTIC EMAILS IN SECRET SECURITY SWEEP BY RYAN GALLAGHER AND GLENN GREENWALD @rj_gallagher@ggreenwald YESTERDAY AT 2:02 AM SHARE TWITTER FACEBOOK GOOGLE EMAIL PRINT POPULAR EXCLUSIVE: TSA ISSUES SECRET WARNING ON 'CATASTROPHIC' THREAT TO AVIATION CHICAGO'S "BLACK SITE" DETAINEES SPEAK OUT WHY DOES THE FBI HAVE TO MANUFACTURE ITS OWN PLOTS IF TERRORISM AND ISIS ARE SUCH GRAVE THREATS? NET NEUTRALITY IS HERE - THANKS TO AN UNPRECEDENTED GUERRILLA ACTIVISM CAMPAIGN HOW SPIES STOLE THE KEYS TO THE ENCRYPTION CASTLE Canada's electronic surveillance agency is covertly monitoring vast amounts of Canadians' emails as part of a sweeping domestic cybersecurity operation, according to top-secret documents. The surveillance initiative, revealed Wednesday by CBC News in collaboration with The Intercept, is sifting through millions of emails sent to Canadian government agencies and departments, archiving details about them on a database for months or even years. The data mining operation is carried out by the Communications Security Establishment, or CSE, Canada's equivalent of the National Security Agency. Its existence is disclosed in documents obtained by The Intercept from NSA whistleblower Edward Snowden. The emails are vacuumed up by the Canadian agency as part of its mandate to defend against hacking attacks and malware targeting government computers. It relies on a system codenamed PONY EXPRESS to analyze the messages in a bid to detect potential cyber threats. Last year, CSE acknowledged it collected some private communications as part of cybersecurity efforts. But it refused to divulge the number of communications being stored or to explain for how long any intercepted messages would be retained. Now, the Snowden documents shine a light for the first time on the huge scope of the operation - exposing the controversial details the government withheld from the public. Under Canada's criminal code, CSE is no
Paul Merrell

Archiveteam - 0 views

  • HISTORY IS OUR FUTURE And we've been trashing our history Archive Team is a loose collective of rogue archivists, programmers, writers and loudmouths dedicated to saving our digital heritage. Since 2009 this variant force of nature has caught wind of shutdowns, shutoffs, mergers, and plain old deletions - and done our best to save the history before it's lost forever. Along the way, we've gotten attention, resistance, press and discussion, but most importantly, we've gotten the message out: IT DOESN'T HAVE TO BE THIS WAY. This website is intended to be an offloading point and information depot for a number of archiving projects, all related to saving websites or data that is in danger of being lost. Besides serving as a hub for team-based pulling down and mirroring of data, this site will provide advice on managing your own data and rescuing it from the brink of destruction. Currently Active Projects (Get Involved Here!) Archive Team recruiting Want to code for Archive Team? Here's a starting point.
  • Archive Team is a loose collective of rogue archivists, programmers, writers and loudmouths dedicated to saving our digital heritage. Since 2009 this variant force of nature has caught wind of shutdowns, shutoffs, mergers, and plain old deletions - and done our best to save the history before it's lost forever. Along the way, we've gotten attention, resistance, press and discussion, but most importantly, we've gotten the message out: IT DOESN'T HAVE TO BE THIS WAY. This website is intended to be an offloading point and information depot for a number of archiving projects, all related to saving websites or data that is in danger of being lost. Besides serving as a hub for team-based pulling down and mirroring of data, this site will provide advice on managing your own data and rescuing it from the brink of destruction.
  • Who We Are and how you can join our cause! Deathwatch is where we keep track of sites that are sickly, dying or dead. Fire Drill is where we keep track of sites that seem fine but a lot depends on them. Projects is a comprehensive list of AT endeavors. Philosophy describes the ideas underpinning our work. Some Starting Points The Introduction is an overview of basic archiving methods. Why Back Up? Because they don't care about you. Back Up your Facebook Data Learn how to liberate your personal data from Facebook. Software will assist you in regaining control of your data by providing tools for information backup, archiving and distribution. Formats will familiarise you with the various data formats, and how to ensure your files will be readable in the future. Storage Media is about where to get it, what to get, and how to use it. Recommended Reading links to others sites for further information. Frequently Asked Questions is where we answer common questions.
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    The Archive Team Warrior is a virtual archiving appliance. You can run it to help with the ArchiveTeam archiving efforts. It will download sites and upload them to our archive - and it's really easy to do! The warrior is a virtual machine, so there is no risk to your computer. The warrior will only use your bandwidth and some of your disk space. It will get tasks from and report progress to the Tracker. Basic usage The warrior runs on Windows, OS X and Linux using a virtual machine. You'll need one of: VirtualBox (recommended) VMware workstation/player (free-gratis for personal use) See below for alternative virtual machines Partners with and contributes lots of archives to the Wayback Machine. Here's how you can help by contributing some bandwidth if you run an always-on box with an internet connection.
Paul Merrell

In Hearing on Internet Surveillance, Nobody Knows How Many Americans Impacted in Data C... - 0 views

  • The Senate Judiciary Committee held an open hearing today on the FISA Amendments Act, the law that ostensibly authorizes the digital surveillance of hundreds of millions of people both in the United States and around the world. Section 702 of the law, scheduled to expire next year, is designed to allow U.S. intelligence services to collect signals intelligence on foreign targets related to our national security interests. However—thanks to the leaks of many whistleblowers including Edward Snowden, the work of investigative journalists, and statements by public officials—we now know that the FISA Amendments Act has been used to sweep up data on hundreds of millions of people who have no connection to a terrorist investigation, including countless Americans. What do we mean by “countless”? As became increasingly clear in the hearing today, the exact number of Americans impacted by this surveillance is unknown. Senator Franken asked the panel of witnesses, “Is it possible for the government to provide an exact count of how many United States persons have been swept up in Section 702 surveillance? And if not the exact count, then what about an estimate?”
  • Elizabeth Goitein, the Brennan Center director whose articulate and thought-provoking testimony was the highlight of the hearing, noted that at this time an exact number would be difficult to provide. However, she asserted that an estimate should be possible for most if not all of the government’s surveillance programs. None of the other panel participants—which included David Medine and Rachel Brand of the Privacy and Civil Liberties Oversight Board as well as Matthew Olsen of IronNet Cybersecurity and attorney Kenneth Wainstein—offered an estimate. Today’s hearing reaffirmed that it is not only the American people who are left in the dark about how many people or accounts are impacted by the NSA’s dragnet surveillance of the Internet. Even vital oversight committees in Congress like the Senate Judiciary Committee are left to speculate about just how far-reaching this surveillance is. It's part of the reason why we urged the House Judiciary Committee to demand that the Intelligence Community provide the public with a number. 
  • The lack of information makes rigorous oversight of the programs all but impossible. As Senator Franken put it in the hearing today, “When the public lacks even a rough sense of the scope of the government’s surveillance program, they have no way of knowing if the government is striking the right balance, whether we are safeguarding our national security without trampling on our citizens’ fundamental privacy rights. But the public can’t know if we succeed in striking that balance if they don’t even have the most basic information about our major surveillance programs."  Senator Patrick Leahy also questioned the panel about the “minimization procedures” associated with this type of surveillance, the privacy safeguard that is intended to ensure that irrelevant data and data on American citizens is swiftly deleted. Senator Leahy asked the panel: “Do you believe the current minimization procedures ensure that data about innocent Americans is deleted? Is that enough?”  David Medine, who recently announced his pending retirement from the Privacy and Civil Liberties Oversight Board, answered unequivocally:
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  • Senator Leahy, they don’t. The minimization procedures call for the deletion of innocent Americans’ information upon discovery to determine whether it has any foreign intelligence value. But what the board’s report found is that in fact information is never deleted. It sits in the databases for 5 years, or sometimes longer. And so the minimization doesn’t really address the privacy concerns of incidentally collected communications—again, where there’s been no warrant at all in the process… In the United States, we simply can’t read people’s emails and listen to their phone calls without court approval, and the same should be true when the government shifts its attention to Americans under this program. One of the most startling exchanges from the hearing today came toward the end of the session, when Senator Dianne Feinstein—who also sits on the Intelligence Committee—seemed taken aback by Ms. Goitein’s mention of “backdoor searches.” 
  • Feinstein: Wow, wow. What do you call it? What’s a backdoor search? Goitein: Backdoor search is when the FBI or any other agency targets a U.S. person for a search of data that was collected under Section 702, which is supposed to be targeted against foreigners overseas. Feinstein: Regardless of the minimization that was properly carried out. Goitein: Well the data is searched in its unminimized form. So the FBI gets raw data, the NSA, the CIA get raw data. And they search that raw data using U.S. person identifiers. That’s what I’m referring to as backdoor searches. It’s deeply concerning that any member of Congress, much less a member of the Senate Judiciary Committee and the Senate Intelligence Committee, might not be aware of the problem surrounding backdoor searches. In April 2014, the Director of National Intelligence acknowledged the searches of this data, which Senators Ron Wyden and Mark Udall termed “the ‘back-door search’ loophole in section 702.” The public was so incensed that the House of Representatives passed an amendment to that year's defense appropriations bill effectively banning the warrantless backdoor searches. Nonetheless, in the hearing today it seemed like Senator Feinstein might not recognize or appreciate the serious implications of allowing U.S. law enforcement agencies to query the raw data collected through these Internet surveillance programs. Hopefully today’s testimony helped convince the Senator that there is more to this topic than what she’s hearing in jargon-filled classified security briefings.
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    The 4th Amendment: "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and *particularly describing the place to be searched, and the* persons or *things to be seized."* So much for the particularized description of the place to be searched and the thngs to be seized.  Fah! Who needs a Constitution, anyway .... 
Paul Merrell

WhatsApp Encryption Said to Stymie Wiretap Order - The New York Times - 0 views

  • While the Justice Department wages a public fight with Apple over access to a locked iPhone, government officials are privately debating how to resolve a prolonged standoff with another technology company, WhatsApp, over access to its popular instant messaging application, officials and others involved in the case said. No decision has been made, but a court fight with WhatsApp, the world’s largest mobile messaging service, would open a new front in the Obama administration’s dispute with Silicon Valley over encryption, security and privacy.WhatsApp, which is owned by Facebook, allows customers to send messages and make phone calls over the Internet. In the last year, the company has been adding encryption to those conversations, making it impossible for the Justice Department to read or eavesdrop, even with a judge’s wiretap order.
  • As recently as this past week, officials said, the Justice Department was discussing how to proceed in a continuing criminal investigation in which a federal judge had approved a wiretap, but investigators were stymied by WhatsApp’s encryption.The Justice Department and WhatsApp declined to comment. The government officials and others who discussed the dispute did so on condition of anonymity because the wiretap order and all the information associated with it were under seal. The nature of the case was not clear, except that officials said it was not a terrorism investigation. The location of the investigation was also unclear.
  • To understand the battle lines, consider this imperfect analogy from the predigital world: If the Apple dispute is akin to whether the F.B.I. can unlock your front door and search your house, the issue with WhatsApp is whether it can listen to your phone calls. In the era of encryption, neither question has a clear answer.Some investigators view the WhatsApp issue as even more significant than the one over locked phones because it goes to the heart of the future of wiretapping. They say the Justice Department should ask a judge to force WhatsApp to help the government get information that has been encrypted. Others are reluctant to escalate the dispute, particularly with senators saying they will soon introduce legislation to help the government get data in a format it can read.
Gary Edwards

The Man Who Makes the Future: Wired Icon Marc Andreessen | Epicenter | Wired.com - 1 views

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    Must read interview. Marc Andreessen explains his five big ideas, taking us from the beginning of the Web, into the Cloud and beyond. Great stuff! ... (1) 1992 - Everyone Will Have the Web ... (2) 1995 - The Browser will the Operating System ... (3) 1999 - Web business will live in the Cloud ... (4) 2004 - Everything will be Social ... (5) 2009 - Software will Eat the World excerpt: Technology is like water; it wants to find its level. So if you hook up your computer to a billion other computers, it just makes sense that a tremendous share of the resources you want to use-not only text or media but processing power too-will be located remotely. People tend to think of the web as a way to get information or perhaps as a place to carry out ecommerce. But really, the web is about accessing applications. Think of each website as an application, and every single click, every single interaction with that site, is an opportunity to be on the very latest version of that application. Once you start thinking in terms of networks, it just doesn't make much sense to prefer local apps, with downloadable, installable code that needs to be constantly updated.

    "We could have built a social element into Mosaic. But back then the Internet was all about anonymity."
    Anderson: Assuming you have enough bandwidth.

    Andreessen: That's the very big if in this equation. If you have infinite network bandwidth, if you have an infinitely fast network, then this is what the technology wants. But we're not yet in a world of infinite speed, so that's why we have mobile apps and PC and Mac software on laptops and phones. That's why there are still Xbox games on discs. That's why everything isn't in the cloud. But eventually the technology wants it all to be up there.

    Anderson: Back in 1995, Netscape began pursuing this vision by enabling the browser to do more.

    Andreessen: We knew that you would need some pro
Gary Edwards

Office to finally fully support ODF, Open XML, and PDF formats | ZDNet - 0 views

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    The king of clicks returns!  No doubt there was a time when the mere mention of ODF and the now legendary XML "document" format wars with Microsoft could drive click counts into the statisphere.  Sorry to say though, those times are long gone. It's still a good story though.  Even if the fate of mankind and the future of the Internet no longer hinges on the outcome.  There is that question that continues defy answer; "Did Microsoft win or lose?"  So the mere announcement of supported formats in MSOffice XX is guaranteed to rev the clicks somewhat. Veteran ODF clickmeister SVN does make an interesting observation though: "The ironic thing is that, while this was as hotly debated am issue in the mid-2000s as are mobile patents and cloud implementation is today, this news was barely noticed. That's a mistake. Updegrove points out, "document interoperability and vendor neutrality matter more now than ever before as paper archives disappear and literally all of human knowledge is entrusted to electronic storage." He concluded, "Only if documents can be easily exchanged and reliably accessed on an ongoing basis will competition in the present be preserved, and the availability of knowledge down through the ages be assured. Without robust, universally adopted document formats, both of those goals will be impossible to attain." Updegrove's right of course. Don't believe me? Go into your office's archives and try to bring up documents your wrote in the 90s in WordPerfect or papers your staff created in the 80s with WordStar. If you don't want to lose your institutional memory, open document standards support is more important than ever. "....................................... Sorry but Updegrove is wrong.  Woefully wrong. The Web is the future.  Sure interoperability matters, but only as far as the Web and the future of Cloud Computing is concerned.  Sadly neither ODF or Open XML are Web ready.  The language of the Web is famously HTML, now HTML5+
Paul Merrell

US websites should inform EU citizens about NSA surveillance, says report - 0 views

  • All existing data sharing agreements between Europe and the US should be revoked, and US web site providers should prominently inform European citizens that their data may be subject to government surveillance, according to the recommendations of a briefing report for the European Parliament. The report was produced in response to revelations about the US National Security Agency (NSA) snooping on internet traffic, and aims to highlight the subsequent effect on European Union (EU) citizens' rights.
  • The report warns that EU data protection authorities have failed to understand the “structural shift of data sovereignty implied by cloud computing”, and the associated risks to the rights of EU citizens. It suggests “a full industrial policy for development of an autonomous European cloud computing capacity” should be set up to reduce exposure of EU data to NSA surveillance that is undertaken by the use of US legislation that forces US-based cloud providers to provide access to data they hold.
  • To put pressure on the US government, the report recommends that US websites should ask EU citizens for their consent before gathering data that could be used by the NSA. “Prominent notices should be displayed by every US web site offering services in the EU to inform consent to collect data from EU citizens. The users should be made aware that the data may be subject to surveillance by the US government for any purpose which furthers US foreign policy,” it said. “A consent requirement will raise EU citizen awareness and favour growth of services solely within EU jurisdiction. This will thus have economic impact on US business and increase pressure on the US government to reach a settlement.”
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  • Other recommendations include the EU offering protection and rewards for whistleblowers, including “strong guarantees of immunity and asylum”. Such a move would be seen as a direct response to the plight of Edward Snowden, the former NSA analyst who leaked documents that revealed the extent of the NSA’s global internet surveillance programmes. The report also says that, “Encryption is futile to defend against NSA accessing data processed by US clouds,” and that there is “no technical solution to the problem”. It calls for the EU to press for changes to US law.
  • “It seems that the only solution which can be trusted to resolve the Prism affair must involve changes to the law of the US, and this should be the strategic objective of the EU,” it said. The report was produced for the European Parliament committee on civil liberties, justice and home affairs, and comes before the latest hearing of an inquiry into electronic mass surveillance of EU citizens, due to take place in Brussels on 24 September.
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    Yee-haw! E.U. sanctuary and rewards for NSA whistle-blowers. Mandatory warnings for customers of U.S. cloud services that their data may be turned over to the NSA. Pouring more gasoline on the NSA diplomatic fire. 
Paul Merrell

FCC Putting Comcast/Time Warner Cable Investigation On Hold - 0 views

  • On Friday, the U.S. Federal Communications Commission said that it has extended its time to file responses and oppositions for the Comcast/Time Warner merger from October 8 to October 29. This is due to a motion filed by DISH Network, which said that Comcast didn't fully respond to the Commission's Request to Responses and Oppositions. The FCC is taking 180 days to determine if the Comcast and Time Warner merger will be in the best interest of the public. As of Friday, the investigation was at day 85, and it will resume once October 29 arrives. Originally, the investigation was expected to be complete on January 6, 2015. According to Reuters, a number of competitors and consumer advocates have rejected the merger, stating that the combined entity will have too much power over American consumers' viewing habits. Comcast disagrees of course, indicating that Time Warner is not a competitor and that their combined forces would bring better subscription services to a larger consumer audience.
  • Back in August, the FCC sent questions to both Comcast and Time Warner Cable asking for additional information about their broadband and video services, such as their Web traffic management practices. However, the FCC said on Friday that both companies failed to provide enough answers to please the merger reviewers. Comcast disagrees but said it will work with the reviewers to provide the missing information. "We will work with the staff to determine the additional information the FCC is seeking (including the document production that the FCC had asked us to delay filing) and will submit supplemental answers and documents quickly thereafter so that the FCC can complete its review early in 2015," Comcast spokeswoman Sena Fitzmaurice told Reuters.
  • Currently, the FCC is trying to retrieve Comcast's programming and retransmission consent agreements, but media companies have objected to the collection, saying that these documents are highly confidential. However, the documents have made their way to the Justice Department, which is conducting its own review for antitrust issues. The delay in the FCC's deadline also stems from a large 850-page document supplied by Comcast. The FCC indicated that this volume of information is critical to the investigation.
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