In a seminal decision updating and consolidating its previous jurisprudence on surveillance, the Grand Chamber of the European Court of Human Rights took a sideways swing at mass surveillance programs last week, reiterating the centrality of “reasonable suspicion” to the authorization process and the need to ensure interception warrants are targeted to an individual or premises. The decision in Zakharov v. Russia — coming on the heels of the European Court of Justice’s strongly-worded condemnation in Schrems of interception systems that provide States with “generalised access” to the content of communications — is another blow to governments across Europe and the United States that continue to argue for the legitimacy and lawfulness of bulk collection programs. It also provoked the ire of the Russian government, prompting an immediate legislative move to give the Russian constitution precedence over Strasbourg judgments.
The Grand Chamber’s judgment in Zakharov is especially notable because its subject matter — the Russian SORM system of interception, which includes the installation of equipment on telecommunications networks that subsequently enables the State direct access to the communications transiting through those networks — is similar in many ways to the interception systems currently enjoying public and judicial scrutiny in the United States, France, and the United Kingdom. Zakharov also provides a timely opportunity to compare the differences between UK and Russian law: Namely, Russian law requires prior independent authorization of interception measures, whereas neither the proposed UK law nor the existing legislative framework do.
Mark Anderson: 'It is game over for Microsoft in consumer' | All about Microsoft | ZDN... - 1 views
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List of 2010 predictions from Mark Anderson. Interestingly he points out that Microsoft's loss in the mobility market is the leading factor in their loss as a consumer facing provider. No mention of the Web being split between a Google dominated and consumer facing Open Web, and a Microsoft owned enterprise facing proprietary Web. excerpt: Microsoft started out its life as a consumer/developer-focused company. The company subsequently switched strategies and became a largely enterprise-focused vendor. These days, consumer is king for Microsoft - at least as far as corporate strategy and where its ad dollars go. But what if Chief Software Architect Ray Ozzie and other leaders at Microsoft are wrong and integrating the consumer and business worlds doesn't really matter? One very influential market watcher, Mark Anderson, author of the Strategic News Service newsletter, is betting that instead of a melding, there will be an increasing chasm between the consumer and business market.
The Fast Closing Web - Interview With Wired's Chris Anderson - SVW - 0 views
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Is the Open Web Dead? In this very interesting interview with Wired's Chris Anderson, there is that possibility that Web Apps of the future will be like today's mobility apps; based on carefully controlled and closed platforms that use the Web's reach as transport. excerpt: I love the web, I hope the web isn't dead, but there is a demonstrable shift in user behavior towards mobile. And mobile brings with it two things: First of all there is a shift towards apps. Mobiles tend to be optimized for apps because of smaller screens ... The other aspect of the web, which was implicit in your question, is the notion of "openness" which is built into the web. And increasingly we see closed platforms that happen to use the web as their transport and display -- sites like Facebook -- which are not open. In the definition we chose, Facebook does not count as the "open web". Your iPad does not count as the "open web," Xbox Live does not count as the "open web". They use the internet as transport and sometimes they use HTML as the display technology and sometimes they render in a browser. By and large, they are not open ecosystems and therefore don't fall into Tim Berners-Lee's original definition of "the web". So I would say there is very much a shift away from the wide-open web to closed platforms. Some of those closed platforms are on mobile, some of them are closed platforms within browsers, but we're definitely seeing a shift -- and frankly it worries me as a consumer but it's a huge opportunity as a producer. So I am conflicted in that respect. I love closed platforms as a way to build a business, but as a consumer I prefer open platforms. That's not hypocrisy, it's wave particle duality if you will, but that's where we are.
Shine on Silverlight and Windows with XAML * The Register : Tim Anderson - 0 views
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Excellent explanation and review from the Tim Anderson. I wonder how i missed this? Here is the summary statement: "..... You can also extend XAML with custom objects. The main requirement is that classes used in XAML must have a parameterless constructor. The procedure is straightforward. Define a class; make sure your application has a reference to the assembly containing the class; then add a namespace declaration for the assembly. You can then define elements in XAML that map to your class, and at runtime these will become object instances. XAML has a curious story when it comes to formatted text, especially in Silverlight. In one sense it is rather limited. XAML has no understanding of common formats such as HTML, CSS or RTF, let alone the fancy new OOXML. Silverlight developers have to interact with the browser DOM in order to display HTML." "... No escaping it: Silverlight .XAP bundle preserves the original XAML. That said, XAML with WPF actually is a document format. The full WPF has an element called FlowDocument and rich formatting capabilities. Silverlight lacks FlowDocument, but does have a TextBlock with basic formatting options via the inline object. It also supports the Glyph element. This is interesting because it is the core element in XPS, Microsoft's invented-here alternative to Adobe's PDF." ".... XPS uses a subset of XAML to describe fixed layouts. In consequence, and with some compromises, you can use Silverlight to display XPS." "..... The bottom line is that XAML is a way of programming .NET declaratively. Its more intricate features improve the mapping between XAML and .NET. The result is we have design tools like Microsoft's Expression Blend and a clean separation between UI objects and program code, which is a considerable achievement." ".... As ever there's a downside, and with Microsoft it's the classic: this is thoroughly proprietary, and the schema issues make it difficult to validate with standard XML tools." No
European Human Rights Court Deals a Heavy Blow to the Lawfulness of Bulk Surveillance |... - 0 views
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The decision is lengthy and comprises a useful restatement and harmonization of the Court’s approach to standing (which it calls “victim status”) in surveillance cases, which is markedly different from that taken by the US Supreme Court. (Indeed, Judge Dedov’s separate but concurring opinion notes the contrast with Clapper v. Amnesty International.) It also addresses at length issues of supervision and oversight, as well as the role played by notification in ensuring the effectiveness of remedies. (Marko Milanovic discusses many of these issues here.) For the purpose of the ongoing debate around the legitimacy of bulk surveillance regimes under international human rights law, however, three particular conclusions of the Court are critical.
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The Court took issue with legislation permitting the interception of communications for broad national, military, or economic security purposes (as well as for “ecological security” in the Russian case), absent any indication of the particular circumstances under which an individual’s communications may be intercepted. It said that such broadly worded statutes confer an “almost unlimited degree of discretion in determining which events or acts constitute such a threat and whether that threat is serious enough to justify secret surveillance” (para. 248). Such discretion cannot be unbounded. It can be limited through the requirement for prior judicial authorization of interception measures (para. 249). Non-judicial authorities may also be competent to authorize interception, provided they are sufficiently independent from the executive (para. 258). What is important, the Court said, is that the entity authorizing interception must be “capable of verifying the existence of a reasonable suspicion against the person concerned, in particular, whether there are factual indications for suspecting that person of planning, committing or having committed criminal acts or other acts that may give rise to secret surveillance measures, such as, for example, acts endangering national security” (para. 260). This finding clearly constitutes a significant threshold which a number of existing and pending European surveillance laws would not meet. For example, the existence of individualized reasonable suspicion runs contrary to the premise of signals intelligence programs where communications are intercepted in bulk; by definition, those programs collect information without any consideration of individualized suspicion. Yet the Court was clearly articulating the principle with national security-driven surveillance in mind, and with the knowledge that interception of communications in Russia is conducted by Russian intelligence on behalf of law enforcement agencies.
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"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