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Gary Edwards

Is Microsoft On The Verge Of A Sudden Collapse Predicted By Catastrophe Theory? - Forbes - 1 views

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    Forbes magazine has a doom and gloom Microsoft article that "ends on a note of doom".  They lampoon Windows 8 using the reviews of other bloggers like Charlie Demerjian, "Microsoft has failed". http://goo.gl/H4mZc The end of Microsoft though comes from the inability of Microsoft to change course.  In short, Microsoft has fallen into a death spiral consistent with Catastrophe theory (http://goo.gl/6CWwY). No comment or mention of Microsoft Cloud efforts:  Azure, Live.com, or SkyDrive. excerpt: In the end, the death spiral for Microsoft is in full effect, and management is expending a lot of effort to speed it up. Anyone who dares point out that the entire system is collapsing, or worse yet suggests an alternative, gets Sinofsky'd. Or was it Guggenheimer'd? In any case, Microsoft is unwilling to change, and that is very clear. Even if they wanted to, they are culturally far beyond the point of being able to. What was a slow bleed of marketshare is now gushing, and management is clueless, intransigent, and myopic. Game over, the thrashing will continue for a bit, but it won't change the outcome. Microsoft has failed. I hope this isn't true. Microsoft has been a stabilizing force in the market and many users are very attached to its products. For the first time, however, businesses can look to Google and to Apple and see plausible, battle-tested alternatives to the products they have used from Microsoft-for much less money. And in a bizarre way, Microsofts spasm of innovation has made the company now a destabilizing factor for IT departments and Google Docs is looking an awful lot like the old guard. The big question is how fast Microsoft might collapse if businesses began to defect en masse. Like other phenomena of global instability, extreme change seems to come quicker now. For Microsoft, the window is closing fast."
Gary Edwards

The Terrible Management Technique That Cost Microsoft Its Creativity - Forbes - 2 views

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    Summary of a very interesting Vanity Fair article (linked) describing why the failure of Microsoft is certain.  A second Forbes article titled,  "That's All Folks:  The Writing is on the Wall at Microsoft", compliments the Vanity Fair piece.  Good stuff.  Hasta la bye-bye Microsoft. Nice knowin ya. excerpt: Vanity Fair has an article in its August issue that tells the story of how Microsoft "since 2000 . . . has fallen flat in every area it entered: e-books, music, search, social networking, etc., etc." According to a summary available online, the article finds a devastatingly destructive management technique at the heart of Microsoft's problems.
Gary Edwards

Cloud Computing Set to 'Skyrocket,' Driven by Economy: Survey - Forbes - 0 views

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    Cloud computing is becoming more than a tactical measure adopted by managers and professionals seeking quick solutions to business and technical problems. It is increasingly being seen as a strategic initiative. Not only are most executives now planning to adopt some form of cloud computing for their organizations, they also expect these technology services to help position their organizations to succeed in today's rough-and-tumble economy. These are some of the findings of a new survey of 900 executives released by KPMG International and Forbes Insight. The majority, 81%, say their organizations have already moved at least some business activities to the cloud and expect 2012 investment "to skyrocket, with some companies planning to spend more than a fifth of their IT budget on cloud next year," the study finds. Economic factors were cited by 76% as an important driver for cloud adoption, bringing strategic benefits such as transforming their business models to gain a competitive advantage. Other considerations for moving to cloud computing include improving processes to offer more agility across the enterprise (80%), and offering technical benefits that they otherwise could not gain from their own data centers (76%). Eighty-seven percent of executives feel that the changes delivered by cloud will be "significant." This view is consistent among companies of all sizes and whether the respondents work within IT functions or business units.  KPMG summarized the transformative effects cloud is delivering:
Paul Merrell

Feds Claim They Can Enter a House and Demand Fingerprints to Unlock Everyone's Phones - 0 views

  • Under the Fourth Amendment, Americans are protected from unreasonable searches and seizures, but according to one group of federal prosecutors, just being in the wrong house at the wrong time is cause enough to make every single person inside provide their fingerprints and unlock their phones.Back in 2014, a Virginia Circuit Court ruled that while suspects cannot be forced to provide phone passcodes, biometric data like fingerprints doesn’t have the same constitutional protection. Since then, multiple law enforcement agencies have tried to force individual suspects to unlock their phones with their fingers, but none have claimed the sweeping authority found in a Justice Department memorandum recently uncovered by Forbes.
  • In the court document filed earlier this year, federal prosecutors in California argued that a warrant for a mass finger-unlocking was constitutionally sound even though “the government does not know ahead of time the identity of every digital device or every fingerprint (or indeed, every other piece of evidence) that it will find in the search” because “it has demonstrated probable cause that evidence may exist at the search location.” Criminal defense lawyer Marina Medvin, however, disagreed. Advertisement Advertisement “They want the ability to get a warrant on the assumption that they will learn more after they have a warrant,” Medvin told Forbes. “This would be an unbelievably audacious abuse of power if it were permitted.”Unfortunately, other documents related to the case were not publicly available, so its unclear if the search was actually executed. Even so, Medvin believes the memorandum sets a deeply troubling precedent, using older case law regarding the collection of fingerprint evidence to request complete access to the “amazing amount of information” found on a cellphone.
Gary Edwards

Death of The Document - CIO Central - CIO Network - Forbes - 0 views

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    Well, not quite.  More IBM happy talk about interoperability and easy document interchange.  While i agree with the static versus interactive - collaborative document perspective, it's far more complicated. Today we have a world of "native"  docs and "visual" docs.   Native docs are bound to their authoring productivity environment, and are stubbornly NOT interchangeable.  Even for ODF and OOXML formats. Visual documents are spun from natives, and they are highly interchangeable, but interactively limited.  They lack the direct interaction of native authoring environments.  The Visual document phenomenon starts with PDF and the virtual print driver.  Any authoring application(s) in a productivity environment can print a PDF using the magic of the virtual print driver.   In 2008, when ISO stamped PDF with "accessibility tags", a new, highly interactive version of PDF was offically recognized.  We know this as "Tagged PDF".  And it has led the sweeping revolution of wide implementation of the paperless transaction process. The Visual Document phenomenon doesn't stop there.  The highly mobile WebKit revolution ushered in by the 2008 iPhone phenomenon led to wide acceptance of highly interactive and collaborative, but richly visual versions of SVG and HTML5-CSS3-JSON-JavaScript documents. Today we have SVG-HTML+ type visually immersive documents spun out of Server side publication presses such as FlipBoard, Cognito cComics, QWiki, Needle, Sports Illustrated, Push Pop Press, and TreeSaver to name but a few.   Clearly the visually immersive category of documents is exploding, but not for business - productivity documents.  Adobe has proposed a "CSS Regions" standard for richly immersive layout that might change that.  But mostly i think the problem for business documents, reports and forms is that they are "compound documents" bound to desktop productivity environments and workgroups. The great transition from desktop/workgroup productivity environme
Paul Merrell

Here's How You Can Find Out If The NSA Shared Your Data With British Spies - Forbes - 0 views

  • In the UK earlier this month, human rights groups Liberty and Privacy International were cheered by a tribunal decision that declared GCHQ’s access to NSA spies’ data illegal. Though it was a hollow victory, as the tribunal also declared all current activities, including all those blanket surveillance projects much derided by free speech activists, entirely legal. The practices previously broke the law because the public was unaware of what safeguards were in place for the UK’s access to data from NSA programs like Prism; as soon as Snowden blew everything wide open the snoops had to explain themselves, and that was enough for the tribunal to confirm the legality of GCHQ’s operations. But the case has had one significant effect: anyone can now figure out if their data was illegally shared by the agencies. Privacy International has set up a simple webpage that anyone in the world can sign up to. You can visit the page here.
  • Once the UK Investigatory Powers Tribunal has determined whom was affected, it has to inform them. Though participants should find out whether their data were unlawfully obtained by GCHQ from the millions of private communications hoovered up by the NSA up until December 2014, it won’t be anytime soon. Privacy International warned in its FAQs: “Count on it being many months, and likely years before this action is completed.” And somewhat ironically Privacy International has to collect participant’s information, including their name and email address, to supply the service. They may ask for more information from willing participants once the group has determined if more is required from the IPT. Anyone who wants to submit directly to the tribunal can do so here.
Paul Merrell

Is This The End Of Facebook And WhatsApp​ Encrypted Messaging? - 0 views

  • A week ago, we saw a procession of nervous headlines after the Times and then Bloomberg reported that Facebook, its messaging platform WhatsApp and others would now be forced to disclose encrypted messages to law enforcement agencies under a new treaty between the U.S. and the U.K. As I commented at the time, these reports were misleading, mixing up agreements to share data that already exists with changes in the law to break encryption. But now the U.S. and U.K., as well as Australia, are set to write to Facebook to request that the company pauses its plans for cross-platform messaging encryption until backdoors can be added, citing public safety and serious crime as its reasons.EFF described the letter as an “all-out attack on encryption... a staggering attempt to undermine the security and privacy of communications tools used by billions of people,” and urged Facebook not to comply. The organization warned that the move would endanger activists and journalists, and could be used by “authoritarian regimes... to spy on dissidents in the name of combatting terrorism or civil unrest.”
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    A more in-depth look at the issue. Unstated: this is only the latest round of the Deep State fight against digital privacy that has periodically recurred since the World Wide Web first appeared on the scene. The good news: all previous attempts have failed since Pretty Good Privacy broke the U.S. encryption export barrier beginning in 1991. See https://en.wikipedia.org/wiki/Pretty_Good_Privacy#History
Gary Edwards

That's All Folks: Why the Writing Is on the Wall at Microsoft - Forbes - 1 views

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    Control vs. Creativity.  As the ulitmate control freak, Ballmer was guanteed to crush the life out of Microsoft's most creative individuals and teams.  Gates was focused on Windows and MSOffice, and Ballmer on control.  That one-two punch made certain that Microsoft would not be a player in the next great wave of computing; The Cloud.   excerpt: This is yet another example of what I like to call the Wile E. Coyote syndrome. Like the unfortunate character in the old Warner Bros. cartoons, Microsoft now seems to be a company that has long since run off the cliff but, with legs spinning for all they are worth, doesn't know yet that it is ready to drop. Yet drop it most certainly will. Microsoft Win8 Tablet Is NOT a Game Changer Adam Hartung Contributor Snapshot: Steve Ballmer Follow (93) #44 Billionaires IDC Analyst: Microsoft's Surface Sizzle Needs Win8 Steak Daniel Nye Griffiths Contributor To understand how this happens, take a look at the work of Arnold J. Toynbee, a historian who studied the rise and fall of civilizations. He argued that a civilization flourishes when it motivates insiders and attracts outsiders with its creative dynamism and culture. The civilization breaks down when its leadership loses this creative capacity and gives way to, or transforms itself into, a dominant minority. When this happens, the driver of the civilization becomes control, not attraction. And it's precisely this switch from attraction to control that is the source of the breakdown. Interestingly, Toynbee says that the consequences may not be immediately apparent. A civilization can keep up momentum because the controls it puts in place generate some short-term efficiency. But eventually it will run its course and collapse, because no amount of control can replace the loss of collective creativity. Observe this in the corporate world by looking at the example of General Motors. G.M.'s 2009 bankruptcy came at the end of a long decline dating back to the early 197
Gary Edwards

How To Win The Cloud Wars - Forbes - 0 views

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    Byron Deeter is right, but perhaps he's holding back on his reasoning.  Silicon Valley is all about platform, and platform plays only come about once every ten to twenty years.  They come like great waves of change, not replacing the previous waves as much as taking away and running with the future.   Cloud Computing is the fourth great wave.  It will replace the PC and Network Computing waves as the future.  It is the target of all developers and entrepreneurs.   The four great waves are mainframe, workstation, pc and networked pc, and the Internet.  Cloud Computing takes the Internet to such a high level of functionality that it will now replace the pc-netwroking wave.  It's going to be enormous.  Especially as enterprises move their business productivity and data / content apps from the desktop/workgroup to the Cloud.  Enormous. The key was the perfect storm of 2008, where mobility (iPhone) converged with the standardization of tagged PDF, which converged with the Cloud Computing application and data model, which all happened at the time of the great financial collapse.   The financial collapase of 2008 caused a tectonic shift in productivity.  Survival meant doing more with less.  Particularly less labor since cost of labor was and continues to be a great uncertainty.  But that's also the definition of productivity and automation.  To survive, companies were compelled to reduce labor and invest in software/hardware systems based productivity.  The great leap to a new platform had it's fuel; survival. Social applications and services are just the simplest manifestation of productivity through managed connectivity in the Cloud.  Wait until this new breed of productivity reaches business apps!  The platform wars have begun, and it's for all the marbles. One last thought.  The Internet was always going to win as the next computing platform wave.  It's the first time communications have been combined and integrated into content, and vast dat
Gary Edwards

Dropbox: The Inside Story Of Tech's Hottest Startup - Forbes - 0 views

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    Excellent interview from 2010. Still worth reading. excerpt: "In December 2009 Jobs beckoned Houston (pronounced like the New York City street, not the Texas city) and his partner, Arash Ferdowsi, for a meeting at his Cupertino office. "I mean, Steve friggin' Jobs," remembers Houston, now 28. "How do you even prepare for that?" When Houston whipped out his laptop for a demo, Jobs, in his signature jeans and black turtleneck, coolly waved him away: "I know what you do." What Houston does is Dropbox, the digital storage service that has surged to 50 million users, with another joining every second. Jobs presciently saw this sapling as a strategic asset for Apple. Houston cut Jobs' pitch short: He was determined to build a big company, he said, and wasn't selling, no matter the status of the bidder (Houston considered Jobs his hero) or the prospects of a nine-digit price (he and Ferdowsi drove to the meeting in a Zipcar Prius). Jobs smiled warmly as he told them he was going after their market. "He said we were a feature, not a product," says Houston. Courteously, Jobs spent the next half hour waxing on over tea about his return to Apple, and why not to trust investors, as the duo-or more accurately, Houston, who plays Penn to Ferdowsi's mute Teller-peppered him with questions. When Jobs later followed up with a suggestion to meet at Dropbox's San Francisco office, Houston proposed that they instead meet in Silicon Valley. "Why let the enemy get a taste?" he now shrugs cockily. Instead, Jobs went dark on the subject, resurfacing only this June, at his final keynote speech, where he unveiled iCloud, and specifically knocked Dropbox as a half-attempt to solve the Internet's messiest dilemma: How do you get all your files, from all your devices, into one place? Houston's reaction was less cocky: "Oh, s-t." The next day he shot a missive to his staff: "We have one of the fastest-growing companies in the world," it b
Gary Edwards

Amazon's "Elastic Beanstalk": Cloud Computing For The Masses - Eric Savitz - Tech Musin... - 0 views

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    Developers simply upload their application, and Elastic Beanstalk automatically handles the deployment details of capacity provisioning, load balancing, auto-scaling, and application health monitoring," the company said this morning in announcing the service. "At the same time, with Elastic Beanstalk, developers retain full control over the [Amazon Web Services] resources powering their application and can access the underlying resources at any time." Customers pay nothing for Elastic Beastalk, paying instead for the resources used to run their applications. Elastic Beanstalk provides a quick way for developers to make use of a range of Amazon services - Amazon EC2 (for computing power), Amazon S3 (for data storage), Amazon Simple Notification Service, Elastic Load Balancing, and Auto-Scaling.  "Elastic Beanstalk handles the provisioning and deployment of the infrastructure needed to run the application," the company said.
Gary Edwards

The Real Meaning Of Google Wave - Forbes.com - 0 views

  • Wave is a new way to build distributed applications, and it will open the door to an explosion of innovation.
  • So, if Wave is not just the demo application, what is it? Google Wave is a platform for creating distributed applications. Each Wave server can be involved in a number of conversations involving Wavelets, what most people would think of as a document. Wavelets are actually a much more powerful and general because they are based on XML, which means you can have lots of depth of content, like headings and subheadings of a book, but on steroids. Adding a document repository to XMPP is just revolutionary.
  • The XMPP protocol manages the communication between the Wave servers so that all the Wavelets can synchronize as they are changed. Then Google finished the job by making Wavelets tag-able, searchable and versioned, so you can play back changes. But Google Wave goes beyond just managing the content--it also manages the programs that act on the content. At any level, a program can be assigned to a Wavelet to render it, that is, show it to a user and help manage the conversation. Google Wave also manages the distribution and management of these programs. The idea of a platform that combines management of the data and the code is really powerful.
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    Good article.  One of the first to go beyond the demo, recognizing that Wave is application platform - a wrapper for the convergence of communications and content. Excerpt: Wave is a new way to build distributed applications, and it will open the door to an explosion of innovation. What the Wave demo showed is support for a continuum from the shortest messages to longer and longer forms of content. All of it can be shared with precise control, tagged, searched. The version history is kept. No more mailing around a document. This takes the beauty of e-mail and wikis and extends it in a more flexible way to a much larger audience. Google Wave is a platform for creating distributed applications. Each Wave server can be involved in a number of conversations involving Wavelets, what most people would think of as a document. Wavelets are actually a much more powerful and general because they are based on XML, which means you can have lots of depth of content, like headings and subheadings of a book, but on steroids. Adding a document repository to XMPP is just revolutionary. The XMPP protocol manages the communication between the Wave servers so that all the Wavelets can synchronize as they are changed. Then Google finished the job by making Wavelets tag-able, searchable and versioned, so you can play back changes. But Google Wave goes beyond just managing the content--it also manages the programs that act on the content. At any level, a program can be assigned to a Wavelet to render it, that is, show it to a user and help manage the conversation. Google Wave also manages the distribution and management of these programs. The idea of a platform that combines management of the data and the code is really powerful.
Paul Merrell

Yahoo to begin offering PGP encryption support in Yahoo Mail service | Ars Technica - 0 views

  • Yahoo Chief Information Security Officer Alex Stamos announced today at Black Hat 2014 that starting in the fall of this year, the purple-hued company will begin giving users the option of seamlessly wrapping their e-mails in PGP encryption. According to Kashmir Hill at Forbes, the encryption capability will be offered through a modified version of the same End-to-End browser plug-in that Google uses for PGP in Gmail. The announcement was tweeted by Yan Zhu, who has reportedly been hired by Yahoo to adapt End-to-End for use with Yahoo Mail. Zhu formerly worked as an engineer at the Electronic Frontier Foundation, an organization that has consistently been outspoken in its call for the widespread use of encryption throughout the Web and the Internet in general.
Paul Merrell

The Latest Rules on How Long NSA Can Keep Americans' Encrypted Data Look Too Familiar |... - 0 views

  • Does the National Security Agency (NSA) have the authority to collect and keep all encrypted Internet traffic for as long as is necessary to decrypt that traffic? That was a question first raised in June 2013, after the minimization procedures governing telephone and Internet records collected under Section 702 of the Foreign Intelligence Surveillance Act were disclosed by Edward Snowden. The issue quickly receded into the background, however, as the world struggled to keep up with the deluge of surveillance disclosures. The Intelligence Authorization Act of 2015, which passed Congress this last December, should bring the question back to the fore. It established retention guidelines for communications collected under Executive Order 12333 and included an exception that allows NSA to keep ‘incidentally’ collected encrypted communications for an indefinite period of time. This creates a massive loophole in the guidelines. NSA’s retention of encrypted communications deserves further consideration today, now that these retention guidelines have been written into law. It has become increasingly clear over the last year that surveillance reform will be driven by technological change—specifically by the growing use of encryption technologies. Therefore, any legislation touching on encryption should receive close scrutiny.
  • Section 309 of the intel authorization bill describes “procedures for the retention of incidentally acquired communications.” It establishes retention guidelines for surveillance programs that are “reasonably anticipated to result in the acquisition of [telephone or electronic communications] to or from a United States person.” Communications to or from a United States person are ‘incidentally’ collected because the U.S. person is not the actual target of the collection. Section 309 states that these incidentally collected communications must be deleted after five years unless they meet a number of exceptions. One of these exceptions is that “the communication is enciphered or reasonably believed to have a secret meaning.” This exception appears to be directly lifted from NSA’s minimization procedures for data collected under Section 702 of FISA, which were declassified in 2013. 
  • While Section 309 specifically applies to collection taking place under E.O. 12333, not FISA, several of the exceptions described in Section 309 closely match exceptions in the FISA minimization procedures. That includes the exception for “enciphered” communications. Those minimization procedures almost certainly served as a model for these retention guidelines and will likely shape how this new language is interpreted by the Executive Branch. Section 309 also asks the heads of each relevant member of the intelligence community to develop procedures to ensure compliance with new retention requirements. I expect those procedures to look a lot like the FISA minimization guidelines.
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  • This language is broad, circular, and technically incoherent, so it takes some effort to parse appropriately. When the minimization procedures were disclosed in 2013, this language was interpreted by outside commentators to mean that NSA may keep all encrypted data that has been incidentally collected under Section 702 for at least as long as is necessary to decrypt that data. Is this the correct interpretation? I think so. It is important to realize that the language above isn’t just broad. It seems purposefully broad. The part regarding relevance seems to mirror the rationale NSA has used to justify its bulk phone records collection program. Under that program, all phone records were relevant because some of those records could be valuable to terrorism investigations and (allegedly) it isn’t possible to collect only those valuable records. This is the “to find a needle a haystack, you first have to have the haystack” argument. The same argument could be applied to encrypted data and might be at play here.
  • This exception doesn’t just apply to encrypted data that might be relevant to a current foreign intelligence investigation. It also applies to cases in which the encrypted data is likely to become relevant to a future intelligence requirement. This is some remarkably generous language. It seems one could justify keeping any type of encrypted data under this exception. Upon close reading, it is difficult to avoid the conclusion that these procedures were written carefully to allow NSA to collect and keep a broad category of encrypted data under the rationale that this data might contain the communications of NSA targets and that it might be decrypted in the future. If NSA isn’t doing this today, then whoever wrote these minimization procedures wanted to at least ensure that NSA has the authority to do this tomorrow.
  • There are a few additional observations that are worth making regarding these nominally new retention guidelines and Section 702 collection. First, the concept of incidental collection as it has typically been used makes very little sense when applied to encrypted data. The way that NSA’s Section 702 upstream “about” collection is understood to work is that technology installed on the network does some sort of pattern match on Internet traffic; say that an NSA target uses example@gmail.com to communicate. NSA would then search content of emails for references to example@gmail.com. This could notionally result in a lot of incidental collection of U.S. persons’ communications whenever the email that references example@gmail.com is somehow mixed together with emails that have nothing to do with the target. This type of incidental collection isn’t possible when the data is encrypted because it won’t be possible to search and find example@gmail.com in the body of an email. Instead, example@gmail.com will have been turned into some alternative, indecipherable string of bits on the network. Incidental collection shouldn’t occur because the pattern match can’t occur in the first place. This demonstrates that, when communications are encrypted, it will be much harder for NSA to search Internet traffic for a unique ID associated with a specific target.
  • This lends further credence to the conclusion above: rather than doing targeted collection against specific individuals, NSA is collecting, or plans to collect, a broad class of data that is encrypted. For example, NSA might collect all PGP encrypted emails or all Tor traffic. In those cases, NSA could search Internet traffic for patterns associated with specific types of communications, rather than specific individuals’ communications. This would technically meet the definition of incidental collection because such activity would result in the collection of communications of U.S. persons who aren’t the actual targets of surveillance. Collection of all Tor traffic would entail a lot of this “incidental” collection because the communications of NSA targets would be mixed with the communications of a large number of non-target U.S. persons. However, this “incidental” collection is inconsistent with how the term is typically used, which is to refer to over-collection resulting from targeted surveillance programs. If NSA were collecting all Tor traffic, that activity wouldn’t actually be targeted, and so any resulting over-collection wouldn’t actually be incidental. Moreover, greater use of encryption by the general public would result in an ever-growing amount of this type of incidental collection.
  • This type of collection would also be inconsistent with representations of Section 702 upstream collection that have been made to the public and to Congress. Intelligence officials have repeatedly suggested that search terms used as part of this program have a high degree of specificity. They have also argued that the program is an example of targeted rather than bulk collection. ODNI General Counsel Robert Litt, in a March 2014 meeting before the Privacy and Civil Liberties Oversight Board, stated that “there is either a misconception or a mischaracterization commonly repeated that Section 702 is a form of bulk collection. It is not bulk collection. It is targeted collection based on selectors such as telephone numbers or email addresses where there’s reason to believe that the selector is relevant to a foreign intelligence purpose.” The collection of Internet traffic based on patterns associated with types of communications would be bulk collection; more akin to NSA’s collection of phone records en mass than it is to targeted collection focused on specific individuals. Moreover, this type of collection would certainly fall within the definition of bulk collection provided just last week by the National Academy of Sciences: “collection in which a significant portion of the retained data pertains to identifiers that are not targets at the time of collection.”
  • The Section 702 minimization procedures, which will serve as a template for any new retention guidelines established for E.O. 12333 collection, create a large loophole for encrypted communications. With everything from email to Internet browsing to real-time communications moving to encrypted formats, an ever-growing amount of Internet traffic will fall within this loophole.
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    Tucked into a budget authorization act in December without press notice. Section 309 (the Act is linked from the article) appears to be very broad authority for the NSA to intercept any form of telephone or other electronic information in bulk. There are far more exceptions from the five-year retention limitation than the encrypted information exception. When reading this, keep in mind that the U.S. intelligence community plays semantic games to obfuscate what it does. One of its word plays is that communications are not "collected" until an analyst looks at or listens to partiuclar data, even though the data will be searched to find information countless times before it becomes "collected." That searching was the major basis for a decision by the U.S. District Court in Washington, D.C. that bulk collection of telephone communications was unconstitutional: Under the Fourth Amendment, a "search" or "seizure" requiring a judicial warrant occurs no later than when the information is intercepted. That case is on appeal, has been briefed and argued, and a decision could come any time now. Similar cases are pending in two other courts of appeals. Also, an important definition from the new Intelligence Authorization Act: "(a) DEFINITIONS.-In this section: (1) COVERED COMMUNICATION.-The term ''covered communication'' means any nonpublic telephone or electronic communication acquired without the consent of a person who is a party to the communication, including communications in electronic storage."       
Paul Merrell

Revealed: How DOJ Gagged Google over Surveillance of WikiLeaks Volunteer - The Intercept - 0 views

  • The Obama administration fought a legal battle against Google to secretly obtain the email records of a security researcher and journalist associated with WikiLeaks. Newly unsealed court documents obtained by The Intercept reveal the Justice Department won an order forcing Google to turn over more than one year’s worth of data from the Gmail account of Jacob Appelbaum (pictured above), a developer for the Tor online anonymity project who has worked with WikiLeaks as a volunteer. The order also gagged Google, preventing it from notifying Appelbaum that his records had been provided to the government. The surveillance of Appelbaum’s Gmail account was tied to the Justice Department’s long-running criminal investigation of WikiLeaks, which began in 2010 following the transparency group’s publication of a large cache of U.S. government diplomatic cables. According to the unsealed documents, the Justice Department first sought details from Google about a Gmail account operated by Appelbaum in January 2011, triggering a three-month dispute between the government and the tech giant. Government investigators demanded metadata records from the account showing email addresses of those with whom Appelbaum had corresponded between the period of November 2009 and early 2011; they also wanted to obtain information showing the unique IP addresses of the computers he had used to log in to the account.
  • The Justice Department argued in the case that Appelbaum had “no reasonable expectation of privacy” over his email records under the Fourth Amendment, which protects against unreasonable searches and seizures. Rather than seeking a search warrant that would require it to show probable cause that he had committed a crime, the government instead sought and received an order to obtain the data under a lesser standard, requiring only “reasonable grounds” to believe that the records were “relevant and material” to an ongoing criminal investigation. Google repeatedly attempted to challenge the demand, and wanted to immediately notify Appelbaum that his records were being sought so he could have an opportunity to launch his own legal defense. Attorneys for the tech giant argued in a series of court filings that the government’s case raised “serious First Amendment concerns.” They noted that Appelbaum’s records “may implicate journalistic and academic freedom” because they could “reveal confidential sources or information about WikiLeaks’ purported journalistic or academic activities.” However, the Justice Department asserted that “journalists have no special privilege to resist compelled disclosure of their records, absent evidence that the government is acting in bad faith,” and refused to concede Appelbaum was in fact a journalist. It claimed it had acted in “good faith throughout this criminal investigation, and there is no evidence that either the investigation or the order is intended to harass the … subscriber or anyone else.” Google’s attempts to fight the surveillance gag order angered the government, with the Justice Department stating that the company’s “resistance to providing the records” had “frustrated the government’s ability to efficiently conduct a lawful criminal investigation.”
  • The Justice Department wanted to keep the surveillance secret largely because of an earlier public backlash over its WikiLeaks investigation. In January 2011, Appelbaum and other WikiLeaks volunteers’ – including Icelandic parlimentarian Birgitta Jonsdottir – were notified by Twitter that the Justice Department had obtained data about their accounts. This disclosure generated widepread news coverage and controversy; the government says in the unsealed court records that it “failed to anticipate the degree of  damage that would be caused” by the Twitter disclosure and did not want to “exacerbate this problem” when it went after Appelbaum’s Gmail data. The court documents show the Justice Department said the disclosure of its Twitter data grab “seriously jeopardized the [WikiLeaks] investigation” because it resulted in efforts to “conceal evidence” and put public pressure on other companies to resist similar surveillance orders. It also claimed that officials named in the subpeona ordering Twitter to turn over information were “harassed” after a copy was published by Intercept co-founder Glenn Greenwald at Salon in 2011. (The only specific evidence of the alleged harassment cited by the government is an email that was sent to an employee of the U.S. Attorney’s office that purportedly said: “You guys are fucking nazis trying to controll [sic] the whole fucking world. Well guess what. WE DO NOT FORGIVE. WE DO NOT FORGET. EXPECT US.”)
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  • Google accused the government of hyperbole and argued that the backlash over the Twitter order did not justify secrecy related to the Gmail surveillance. “Rather than demonstrating how unsealing the order will harm its well-publicized investigation, the government lists a parade of horribles that have allegedly occurred since it unsealed the Twitter order, yet fails to establish how any of these developments could be further exacerbated by unsealing this order,” wrote Google’s attorneys. “The proverbial toothpaste is out of the tube, and continuing to seal a materially identical order will not change it.” But Google’s attempt to overturn the gag order was denied by magistrate judge Ivan D. Davis in February 2011. The company launched an appeal against that decision, but this too was rebuffed, in March 2011, by District Court judge Thomas Selby Ellis, III.
  • The government agreed to unseal some of the court records on Apr. 1 this year, and they were apparently turned over to Appelbaum on May 14 through a notification sent to his Gmail account. The files were released on condition that they would contain some redactions, which are bizarre and inconsistent, in some cases censoring the name of “WikiLeaks” from cited public news reports. Not all of the documents in the case – such as the original surveillance orders contested by Google – were released as part of the latest disclosure. Some contain “specific and sensitive details of the investigation” and “remain properly sealed while the grand jury investigation continues,” according to the court records from April this year. Appelbaum, an American citizen who is based in Berlin, called the case “a travesty that continues at a slow pace” and said he felt it was important to highlight “the absolute madness in these documents.”
  • He told The Intercept: “After five years, receiving such legal documents is neither a shock nor a needed confirmation. … Will we ever see the full documents about our respective cases? Will we even learn the names of those signing so-called legal orders against us in secret sealed documents? Certainly not in a timely manner and certainly not in a transparent, just manner.” The 32-year-old, who has recently collaborated with Intercept co-founder Laura Poitras to report revelations about National Security Agency surveillance for German news magazine Der Spiegel, said he plans to remain in Germany “in exile, rather than returning to the U.S. to experience more harassment of a less than legal kind.”
  • “My presence in Berlin ensures that the cost of physically harassing me or politically harassing me is much higher than when I last lived on U.S. soil,” Appelbaum said. “This allows me to work as a journalist freely from daily U.S. government interference. It also ensures that any further attempts to continue this will be forced into the open through [a Mutal Legal Assistance Treaty] and other international processes. The German goverment is less likely to allow the FBI to behave in Germany as they do on U.S. soil.” The Justice Department’s WikiLeaks investigaton is headed by prosecutors in the Eastern District of Virginia. Since 2010, the secretive probe has seen activists affiliated with WikiLeaks compelled to appear before a grand jury and the FBI attempting to infiltrate the group with an informant. Earlier this year, it was revealed that the government had obtained the contents of three core WikiLeaks staffers’ Gmail accounts as part of the investigation.
Paul Merrell

Alexa and Siri Can Hear This Hidden Command. You Can't. - The New York Times - 0 views

  • Over the last two years, researchers in China and the United States have begun demonstrating that they can send hidden commands that are undetectable to the human ear to Apple’s Siri, Amazon’s Alexa and Google’s Assistant. Inside university labs, the researchers have been able to secretly activate the artificial intelligence systems on smartphones and smart speakers, making them dial phone numbers or open websites. In the wrong hands, the technology could be used to unlock doors, wire money or buy stuff online — simply with music playing over the radio.
  • Researchers can now send secret audio instructions undetectable to the human ear to Apple’s Siri, Amazon’s Alexa and Google’s Assistant.
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