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Gary Edwards

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

www.forbes.com/...redicted-by-catastrophe-theory

Microsoft Microsoft-Death-Spiral

shared by Gary Edwards on 27 Nov 12 - No Cached
  • Gary Edwards on 27 Nov 12
     
    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

Ticked off: How stock market decimalization killed IPOs and ruined our economy ~ I, Cri... - 0 views

www.cringely.com/...ed-ipos-and-ruined-our-economy

Productivity Wealth-Creation Jobs IPO's

shared by Gary Edwards on 13 Sep 12 - No Cached
  • Gary Edwards on 13 Sep 12
     
    Really interesting blog from Robert X.  Wealth through productivity vs wealth through accumulation and the important but seriously declining role of IPO's. excerpt: "Big business grows by economies of scale, economies of scale are gained by increasing efficiency, and increased efficiency in big business always - always - means creating more economic output with fewer people. More economic output is good, but fewer people is bad if you need 100,000 new jobs per month just to provide for normal U.S. population growth. This is the ultimate irony of policies that declare companies too big to fail when in fact they are more properly too big to survive. Our policy obsession with helping big business no matter which party is in power has been a major factor in our own economic demise because it doesn't create jobs. Our leaders and would-be leaders are really good at talking about the value of small and medium size businesses in America but really terrible about actually doing much to help. Now here comes the important part: if small businesses, young businesses, new businesses create jobs, then Initial Public Offerings create wealth. Wealth creation is just as important as job creation in our economy but too many experts get it wrong when they think wealth creation and wealth preservation are the same things, because they aren't." ................. The fundamental error of trickle-down (Supply Side) economics is that it is dependent on rich people spending money which they structurally can't do fast enough to matter, and philosophically won't do because their role in the food chain is about growth through accumulation, not through new production. ..............................................
  • Paul Merrell on 17 Sep 12
     
    I'm less than convinced that IPOs create wealth, in terms of the aggregate wealth of the nation. Most of the "wealth" created by IPOs goes to the previous owner's of the business, plus whatever speculators can maneuver to acquire through capital gains. But waving the "IPO wand" does not magically boost productivity, business outputs, or business profitability. So if "wealth" is created, it is faux wealth. I think Cringely ventures too far from what the real argument is about: levels of government taxation and creating jobs. Supply Side economics is in reality an argument against taxing the wealthy. But Cringely doesn't even touch on the taxation issue. I also do not agree with his "Steve Jobs created 50,000 new jobs" schtick because he does not take into account how many jobs were destroyed in the process. But modern information technology has unquestionably destroyed more jobs than it has created; the technology never would have succeeded had it not boosted individual productivity to a point that massive numbers of employees could be laid off. For example, remember the days when you could call a business and have a human being answer the phone and direct your call to the right person? That lady doesn't have that job anymore because of voice menu/mail technology. IT is all about doing more with fewer people. In the context of jobs and taxation levels, the fundamental error of Supply Side Economics is not the distinction between wealth accumulation and wealth creation. The real fundamental error is globalism, government policies that create enormous incentives to invest capital outside the U.S. Supply Side Economics simply blinks past that enormously inconvenient reality. To illustrate, let's try remodeling trickle-down economics in a way that has a prayer of producing more and better-paying jobs in the U.S. (Over-simplification warning.) -- The U.S. withdraws from all trade agreements standing in the way and repeals all laws inconsistent with the goal of
Gary Edwards

Who Really Wins From Android's Success? | Casey Research - 0 views

www.caseyresearch.com/...lly-wins-from-androids-success

MEMS smartphones

shared by Gary Edwards on 11 Sep 13 - No Cached
  • Gartner recently reported that smartphone sales grew 46.5% in the second quarter of 2013 and exceeded feature-phone sales for the first time. In other words, we're still at the beginning of the dumbphone conversion cycle, and a global revolution in mobile is really just getting started. This revolution is fueling monstrous growth in a less-known market that goes by "MEMS" (micro-electro-mechanical systems).
  • Interest in the technology grew throughout the 1960s, and a number of companies commercialized silicon pressure sensors. Advancements in micromachining and silicon processing in the early 1970s then led to what could arguably be called the first true MEMS sensors, which had particular geometries that yielded superior performance. It was not until three decades later, however, that MEMS were small enough, cheap enough, and reliable enough to begin penetrating the consumer market. Today, the overall MEMS market is fragmented and has an extremely diverse application set comprised of such things as oscillators, microfluidics, compasses, gyroscopes, accelerometers, microphones, and pressure sensors. For our purposes here, we're mostly concerned with MEMS accelerometers and—even more so—MEMS gyroscopes.
  • MEMS accelerometers have been making cars safer for years by triggering airbags in the event of a crash. But manufacturers of the sensors wanted more: a world filled with gadgets that sense and respond to motion. That's exactly the direction we're going in today. In terms of overall value, the global MEMS market is projected to double from over $10 billion in 2012 to more than $20 billion in 2017. To get a leg up on the competition, consumer-electronics device manufacturers have been eager to adopt new device functionalities and create compelling interactive experiences, such as the touchscreen and, more recently, motion-based functions.
  • ...1 more annotation...
  • Nintendo's Wii game console made MEMS accelerometer technology somewhat of a household name. The iPhone took the next step, with portrait/landscape orientation and basic motion gaming, which sent production volumes of MEMS accelerometers skyrocketing and competitors scurrying to catch up, copy, and come up with new motion-based functions. MEMS accelerometers are now standard features in smartphones. And the same thing is happening with MEMS gyroscopes. These represent a fresh way for users to interact with their mobile devices, providing a new set of motion-driven commands that bypass certain touchscreen or hard-key commands while promising more reliability than voice commands. MEMS gyroscopes are expected to be the next big thing in smartphones and tablets. Figures from Yole Développement peg MEMS accelerometer penetration of mobile phones at 37%, while MEMS gyroscope penetration of the handset market is a mere 4%. These figures are projected to climb to 64% and 17% respectively by 2015, as the technology is more widely applied to new mobile devices.
Paul Merrell

Wikipedia takes feds to court over spying | TheHill - 0 views

thehill.com/...nsa-for-spying-on-web-backbone

suveillance-state NSA DoJ Wikimedia litigation

shared by Paul Merrell on 28 Sep 15 - No Cached
  • The foundation behind Wikipedia is suing the U.S. government over spying that it says violates core provisions of the Constitution.The Wikimedia Foundation joined forces on Tuesday with a slew of human rights groups, The Nation magazine and other organizations in a lawsuit accusing the National Security Agency (NSA) and Justice Department of violating the constitutional protections for freedom of speech and privacy.
  • If successful, the lawsuit could land a crippling blow to the web of secretive spying powers wielded by the NSA and exposed by Edward Snowden nearly two years ago. Despite initial outrage after Snowden’s leaks, Congress has yet to make any serious reforms to the NSA, and many of the programs continue largely unchanged.The lawsuit targets the NSA’s “upstream” surveillance program, which taps into the fiber cables that make up the backbone of the global Internet and allows the agency to collect vast amounts of information about people on the Web.“As a result, whenever someone overseas views or edits a Wikipedia page, it’s likely that the N.S.A. is tracking that activity — including the content of what was read or typed, as well as other information that can be linked to the person’s physical location and possible identity,” Tretikov and Wikipedia founder Jimmy Wales wrote in a joint New York Times op-ed announcing the lawsuit. Because the operations are largely overseen solely by the secretive Foreign Intelligence Surveillance Court — which operates out of the public eye and has been accused of acting as a rubber stamp for intelligence agencies — the foundation accused the NSA of violating the guarantees of a fair legal system.In addition to the Wikimedia Foundation and The Nation, the other groups joining the lawsuit are the National Association of Criminal Defense Lawyers, Human Rights Watch, Amnesty International, the Pen American Center, the Global Fund for Women, the Rutherford Institute and the Washington Office on Latin America. The groups are being represented by the American Civil Liberties Union.
  • In 2013, a lawsuit against similar surveillance powers brought by Amnesty International was tossed out by the Supreme Court on the grounds that the organization was not affected by the spying and had no standing to sue. That decision came before Snowden’s leaks later that summer, however, which included a slide featuring Wikipedia’s logo alongside those of Facebook, Yahoo, Google and other top websites. That should be more than enough grounds for a successful suit, the foundation said. In addition to the new suit, there are also a handful of other outstanding legal challenges to the NSA’s bulk collection of Americans’ phone records, a different program that has inspired some of the most heated antipathy. Those suits are all pending in appeals courts around the country.
Paul Merrell

From Radio to Porn, British Spies Track Web Users' Online Identities - 0 views

theintercept.com/...ck-web-users-online-identities

surveillance state GCHQ Black-Hole

shared by Paul Merrell on 27 Sep 15 - No Cached
  • HERE WAS A SIMPLE AIM at the heart of the top-secret program: Record the website browsing habits of “every visible user on the Internet.” Before long, billions of digital records about ordinary people’s online activities were being stored every day. Among them were details cataloging visits to porn, social media and news websites, search engines, chat forums, and blogs. The mass surveillance operation — code-named KARMA POLICE — was launched by British spies about seven years ago without any public debate or scrutiny. It was just one part of a giant global Internet spying apparatus built by the United Kingdom’s electronic eavesdropping agency, Government Communications Headquarters, or GCHQ. The revelations about the scope of the British agency’s surveillance are contained in documents obtained by The Intercept from National Security Agency whistleblower Edward Snowden. Previous reports based on the leaked files have exposed how GCHQ taps into Internet cables to monitor communications on a vast scale, but many details about what happens to the data after it has been vacuumed up have remained unclear.
  • Amid a renewed push from the U.K. government for more surveillance powers, more than two dozen documents being disclosed today by The Intercept reveal for the first time several major strands of GCHQ’s existing electronic eavesdropping capabilities.
  • The surveillance is underpinned by an opaque legal regime that has authorized GCHQ to sift through huge archives of metadata about the private phone calls, emails and Internet browsing logs of Brits, Americans, and any other citizens — all without a court order or judicial warrant
  • ...17 more annotations...
  • A huge volume of the Internet data GCHQ collects flows directly into a massive repository named Black Hole, which is at the core of the agency’s online spying operations, storing raw logs of intercepted material before it has been subject to analysis. Black Hole contains data collected by GCHQ as part of bulk “unselected” surveillance, meaning it is not focused on particular “selected” targets and instead includes troves of data indiscriminately swept up about ordinary people’s online activities. Between August 2007 and March 2009, GCHQ documents say that Black Hole was used to store more than 1.1 trillion “events” — a term the agency uses to refer to metadata records — with about 10 billion new entries added every day. As of March 2009, the largest slice of data Black Hole held — 41 percent — was about people’s Internet browsing histories. The rest included a combination of email and instant messenger records, details about search engine queries, information about social media activity, logs related to hacking operations, and data on people’s use of tools to browse the Internet anonymously.
  • Throughout this period, as smartphone sales started to boom, the frequency of people’s Internet use was steadily increasing. In tandem, British spies were working frantically to bolster their spying capabilities, with plans afoot to expand the size of Black Hole and other repositories to handle an avalanche of new data. By 2010, according to the documents, GCHQ was logging 30 billion metadata records per day. By 2012, collection had increased to 50 billion per day, and work was underway to double capacity to 100 billion. The agency was developing “unprecedented” techniques to perform what it called “population-scale” data mining, monitoring all communications across entire countries in an effort to detect patterns or behaviors deemed suspicious. It was creating what it said would be, by 2013, “the world’s biggest” surveillance engine “to run cyber operations and to access better, more valued data for customers to make a real world difference.”
  • A document from the GCHQ target analysis center (GTAC) shows the Black Hole repository’s structure.
  • The data is searched by GCHQ analysts in a hunt for behavior online that could be connected to terrorism or other criminal activity. But it has also served a broader and more controversial purpose — helping the agency hack into European companies’ computer networks. In the lead up to its secret mission targeting Netherlands-based Gemalto, the largest SIM card manufacturer in the world, GCHQ used MUTANT BROTH in an effort to identify the company’s employees so it could hack into their computers. The system helped the agency analyze intercepted Facebook cookies it believed were associated with Gemalto staff located at offices in France and Poland. GCHQ later successfully infiltrated Gemalto’s internal networks, stealing encryption keys produced by the company that protect the privacy of cell phone communications.
  • Similarly, MUTANT BROTH proved integral to GCHQ’s hack of Belgian telecommunications provider Belgacom. The agency entered IP addresses associated with Belgacom into MUTANT BROTH to uncover information about the company’s employees. Cookies associated with the IPs revealed the Google, Yahoo, and LinkedIn accounts of three Belgacom engineers, whose computers were then targeted by the agency and infected with malware. The hacking operation resulted in GCHQ gaining deep access into the most sensitive parts of Belgacom’s internal systems, granting British spies the ability to intercept communications passing through the company’s networks.
  • In March, a U.K. parliamentary committee published the findings of an 18-month review of GCHQ’s operations and called for an overhaul of the laws that regulate the spying. The committee raised concerns about the agency gathering what it described as “bulk personal datasets” being held about “a wide range of people.” However, it censored the section of the report describing what these “datasets” contained, despite acknowledging that they “may be highly intrusive.” The Snowden documents shine light on some of the core GCHQ bulk data-gathering programs that the committee was likely referring to — pulling back the veil of secrecy that has shielded some of the agency’s most controversial surveillance operations from public scrutiny. KARMA POLICE and MUTANT BROTH are among the key bulk collection systems. But they do not operate in isolation — and the scope of GCHQ’s spying extends far beyond them.
  • The agency operates a bewildering array of other eavesdropping systems, each serving its own specific purpose and designated a unique code name, such as: SOCIAL ANTHROPOID, which is used to analyze metadata on emails, instant messenger chats, social media connections and conversations, plus “telephony” metadata about phone calls, cell phone locations, text and multimedia messages; MEMORY HOLE, which logs queries entered into search engines and associates each search with an IP address; MARBLED GECKO, which sifts through details about searches people have entered into Google Maps and Google Earth; and INFINITE MONKEYS, which analyzes data about the usage of online bulletin boards and forums. GCHQ has other programs that it uses to analyze the content of intercepted communications, such as the full written body of emails and the audio of phone calls. One of the most important content collection capabilities is TEMPORA, which mines vast amounts of emails, instant messages, voice calls and other communications and makes them accessible through a Google-style search tool named XKEYSCORE.
  • As of September 2012, TEMPORA was collecting “more than 40 billion pieces of content a day” and it was being used to spy on people across Europe, the Middle East, and North Africa, according to a top-secret memo outlining the scope of the program. The existence of TEMPORA was first revealed by The Guardian in June 2013. To analyze all of the communications it intercepts and to build a profile of the individuals it is monitoring, GCHQ uses a variety of different tools that can pull together all of the relevant information and make it accessible through a single interface. SAMUEL PEPYS is one such tool, built by the British spies to analyze both the content and metadata of emails, browsing sessions, and instant messages as they are being intercepted in real time. One screenshot of SAMUEL PEPYS in action shows the agency using it to monitor an individual in Sweden who visited a page about GCHQ on the U.S.-based anti-secrecy website Cryptome.
  • Partly due to the U.K.’s geographic location — situated between the United States and the western edge of continental Europe — a large amount of the world’s Internet traffic passes through its territory across international data cables. In 2010, GCHQ noted that what amounted to “25 percent of all Internet traffic” was transiting the U.K. through some 1,600 different cables. The agency said that it could “survey the majority of the 1,600” and “select the most valuable to switch into our processing systems.”
  • According to Joss Wright, a research fellow at the University of Oxford’s Internet Institute, tapping into the cables allows GCHQ to monitor a large portion of foreign communications. But the cables also transport masses of wholly domestic British emails and online chats, because when anyone in the U.K. sends an email or visits a website, their computer will routinely send and receive data from servers that are located overseas. “I could send a message from my computer here [in England] to my wife’s computer in the next room and on its way it could go through the U.S., France, and other countries,” Wright says. “That’s just the way the Internet is designed.” In other words, Wright adds, that means “a lot” of British data and communications transit across international cables daily, and are liable to be swept into GCHQ’s databases.
  • A map from a classified GCHQ presentation about intercepting communications from undersea cables. GCHQ is authorized to conduct dragnet surveillance of the international data cables through so-called external warrants that are signed off by a government minister. The external warrants permit the agency to monitor communications in foreign countries as well as British citizens’ international calls and emails — for example, a call from Islamabad to London. They prohibit GCHQ from reading or listening to the content of “internal” U.K. to U.K. emails and phone calls, which are supposed to be filtered out from GCHQ’s systems if they are inadvertently intercepted unless additional authorization is granted to scrutinize them. However, the same rules do not apply to metadata. A little-known loophole in the law allows GCHQ to use external warrants to collect and analyze bulk metadata about the emails, phone calls, and Internet browsing activities of British people, citizens of closely allied countries, and others, regardless of whether the data is derived from domestic U.K. to U.K. communications and browsing sessions or otherwise. In March, the existence of this loophole was quietly acknowledged by the U.K. parliamentary committee’s surveillance review, which stated in a section of its report that “special protection and additional safeguards” did not apply to metadata swept up using external warrants and that domestic British metadata could therefore be lawfully “returned as a result of searches” conducted by GCHQ.
  • Perhaps unsurprisingly, GCHQ appears to have readily exploited this obscure legal technicality. Secret policy guidance papers issued to the agency’s analysts instruct them that they can sift through huge troves of indiscriminately collected metadata records to spy on anyone regardless of their nationality. The guidance makes clear that there is no exemption or extra privacy protection for British people or citizens from countries that are members of the Five Eyes, a surveillance alliance that the U.K. is part of alongside the U.S., Canada, Australia, and New Zealand. “If you are searching a purely Events only database such as MUTANT BROTH, the issue of location does not occur,” states one internal GCHQ policy document, which is marked with a “last modified” date of July 2012. The document adds that analysts are free to search the databases for British metadata “without further authorization” by inputing a U.K. “selector,” meaning a unique identifier such as a person’s email or IP address, username, or phone number. Authorization is “not needed for individuals in the U.K.,” another GCHQ document explains, because metadata has been judged “less intrusive than communications content.” All the spies are required to do to mine the metadata troves is write a short “justification” or “reason” for each search they conduct and then click a button on their computer screen.
  • Intelligence GCHQ collects on British persons of interest is shared with domestic security agency MI5, which usually takes the lead on spying operations within the U.K. MI5 conducts its own extensive domestic surveillance as part of a program called DIGINT (digital intelligence).
  • GCHQ’s documents suggest that it typically retains metadata for periods of between 30 days to six months. It stores the content of communications for a shorter period of time, varying between three to 30 days. The retention periods can be extended if deemed necessary for “cyber defense.” One secret policy paper dated from January 2010 lists the wide range of information the agency classes as metadata — including location data that could be used to track your movements, your email, instant messenger, and social networking “buddy lists,” logs showing who you have communicated with by phone or email, the passwords you use to access “communications services” (such as an email account), and information about websites you have viewed.
  • Records showing the full website addresses you have visited — for instance, www.gchq.gov.uk/what_we_do — are treated as content. But the first part of an address you have visited — for instance, www.gchq.gov.uk — is treated as metadata. In isolation, a single metadata record of a phone call, email, or website visit may not reveal much about a person’s private life, according to Ethan Zuckerman, director of Massachusetts Institute of Technology’s Center for Civic Media. But if accumulated and analyzed over a period of weeks or months, these details would be “extremely personal,” he told The Intercept, because they could reveal a person’s movements, habits, religious beliefs, political views, relationships, and even sexual preferences. For Zuckerman, who has studied the social and political ramifications of surveillance, the most concerning aspect of large-scale government data collection is that it can be “corrosive towards democracy” — leading to a chilling effect on freedom of expression and communication. “Once we know there’s a reasonable chance that we are being watched in one fashion or another it’s hard for that not to have a ‘panopticon effect,’” he said, “where we think and behave differently based on the assumption that people may be watching and paying attention to what we are doing.”
  • When compared to surveillance rules in place in the U.S., GCHQ notes in one document that the U.K. has “a light oversight regime.” The more lax British spying regulations are reflected in secret internal rules that highlight greater restrictions on how NSA databases can be accessed. The NSA’s troves can be searched for data on British citizens, one document states, but they cannot be mined for information about Americans or other citizens from countries in the Five Eyes alliance. No such constraints are placed on GCHQ’s own databases, which can be sifted for records on the phone calls, emails, and Internet usage of Brits, Americans, and citizens from any other country. The scope of GCHQ’s surveillance powers explain in part why Snowden told The Guardian in June 2013 that U.K. surveillance is “worse than the U.S.” In an interview with Der Spiegel in July 2013, Snowden added that British Internet cables were “radioactive” and joked: “Even the Queen’s selfies to the pool boy get logged.”
  • In recent years, the biggest barrier to GCHQ’s mass collection of data does not appear to have come in the form of legal or policy restrictions. Rather, it is the increased use of encryption technology that protects the privacy of communications that has posed the biggest potential hindrance to the agency’s activities. “The spread of encryption … threatens our ability to do effective target discovery/development,” says a top-secret report co-authored by an official from the British agency and an NSA employee in 2011. “Pertinent metadata events will be locked within the encrypted channels and difficult, if not impossible, to prise out,” the report says, adding that the agencies were working on a plan that would “(hopefully) allow our Internet Exploitation strategy to prevail.”
Gary Edwards

Scribd Partners With Apture To Include Rich Media Contextual Browsing Within Content - 0 views

techcrunch.com/...extual-browsing-within-content

Scribd Apture HTML5 URL-Linking

shared by Gary Edwards on 19 Oct 10 - No Cached
  • Gary Edwards on 19 Oct 10
     
    Wow.  Does this mean i no longer have to create URL links in my documents?  With this Aperture-Scribd agreement, everything is linked automagically.  Everything!  So, here's the news blip, "the document-sharing site Scribd will now allow users to use Apture Highlights on the tens of millions of public documents posted on the content platform. 'Apture Highlights' plugs the "search leak" that is taking place with content on the web. The feature allows you to highlight any word or phrase on a page and instantly bring up search results in a window. The startup brings results from 60-plus sources including YouTube, Twitter, Wikipedia, Google and more for extra context around content. Now, when users are reading documents, books, or other works on Scribd, they will be able to highlight any word, and Apture will open a small browser within the page to search for the additional information on Google, Bing or Yahoo. Scribd representative Michelle Laird said that this integration is made possible party because of the company's move to convert the platform to HTML5.  I guess this means that hyperlinking that made the World Wide Web such an exciting and ultimately dominant Internet application, has moved to a new level of auto linking.  Is there an anchor tag in HTML5 i can use to point the mega search engines first at the primary research, then to wikipedia, and then to the global search list?
Paul Merrell

National Information Exchange Model (NIEM) - 0 views

www.niem.gov

U.S. SOA NIEM Global Justice XML interop interoperability frameworks

shared by Paul Merrell on 28 Apr 10 - Cached
  • NIEM enables information sharing, focusing on information exchanged among organizations as part of their current or intended business practices. The NIEM exchange development methodology results in a common semantic understanding among participating organizations and data formatted in a semantically consistent manner. NIEM will standardize content (actual data exchange standards), provide tools, and managed processes. NIEM builds on the demonstrated success of the Global Justice XML Data Model. Stakeholders from relevant communities work together to define critical exchanges, leveraging the successful work of the GJXDM.
Gary Edwards

How Big is Amazon's Cloud Computing Business? Find Out: Cloud « - 0 views

gigaom.com/...amazon-web-services-revenues

cloud-computing amazon-EC2 sursen

shared by Gary Edwards on 29 Dec 10 - No Cached
  • Gary Edwards on 29 Dec 10
     
    UBS analysts believe that the total market for AWS-type services will be between $5-to-$6 billion in 2010 and will eventually grow to $15-to-$20 billion in 2014. How they arrive at these numbers: * IDC says the total global cloud market in 2010 will be $22 billion and $55 billion in 2014. * IDC says the total servers and storage account for $5 billion-to-$6 billion in 2010 and $15-to-$20 billion in 2015.
Global Web Solution

Website Designing Service: We have over 8 years of experience in website designing and ... - 0 views

www.globalwebsolution.org/...website-designing-services.php

Website-Designing-Service Website-Designing Web-Design-Company Website-Designing-Services Web-Development-Company Web-Design Designing-Services Web-Designing-India Web-design-in-delhi web-development-and-design-company

shared by Global Web Solution on 09 Jan 11 - No Cached
  • Global Web Solution on 09 Jan 11
     
    Global Web Solution offers best website designing services because we have an expert team of website designers, web developers, and Internet marketing specialists all ready to follow your web site from conception to completion.
Gary Edwards

Modernizr: A JavaScript Library for Open Web HTML5-CSS3 technologies - 1 views

www.modernizr.com

modernizr Javascript-library

shared by Gary Edwards on 20 Jan 11 - Cached
  • Gary Edwards on 20 Jan 11
     
    Modernizr is a small and simple JavaScript library that helps you take advantage of emerging web technologies (CSS3, HTML 5) while still maintaining a fine level of control over older browsers that may not yet support these new technologies. Modernizr uses feature detection to test the current browser against upcoming features like rgba(), border-radius, CSS Transitions and many more. These are currently being implemented across browsers and with Modernizr you can start using them right now, with an easy way to control the fallbacks for browsers that don't yet support them. Additionally, Modernizr creates a self-titled global JavaScript object which contains properties for each feature; if a browser supports it, the property will evaluate true and if not, it will be false. Lastly, Modernizr also adds support for styling and printing HTML5 elements. This allows you to use more semantic, forward-looking elements such as , and without having to worry about them not working in Internet Explorer. Another great catch by Marbux!  He's on fire today.
  • Paul Merrell on 20 Jan 11
     
    [Blush.] Should be mentioned that Modernizr comes with an MIT-BSD dual license. So compatible with both GPL and proprietary apps.
Gary Edwards

Ricoh Spends US$ 300m to Shift Focus to Managed Document Services - 0 views

www.cmswire.com/...d-document-services-009905.php

cloud-computing sursen Document-Management-System Ricoh

shared by Gary Edwards on 26 Jan 11 - No Cached
  • Ricoh said the US$ 300 million would be invested in its managed document services infrastructure with a revenue target of US$ 3.3 billion by 2013.
  • Ricoh believes the shift is so profound that it is investing this amount of money in re-aligning its business.
  • Ricoh has identified shifts in the document management market that are focused on better enterprise returns based on more efficient document management.
  • Gary Edwards on 26 Jan 11
     
    Last September, Xerox launched a very expensive campaign to rebrand itself as a document management heavyweight. This week, Xerox's MFP rival, Ricoh (news, site), has just announced that it will be investing US$ 300 million over three years to "aggressively" accelerate its shift into the managed document services or outsourced document management space. Using its core hardware and software technologies, the shift will see Ricoh focusing not just on the provision of hardware and software, but offering entire document management services from capture to printing. At a press briefing held in New York, London and Tokyo earlier this week that underlined the global nature of the business shift, Ricoh said the US$ 300 million would be invested in its managed document services infrastructure with a revenue target of US$ 3.3 billion by 2013. Document Management Market Shift So, what is all this about? It seems simple enough - Ricoh has identified shifts in the document management market that are focused on better enterprise returns based on more efficient document management. No surprise there. However, what is surprising, is that Ricoh believes the shift is so profound that it is investing this amount of money in re-aligning its business.
Gary Edwards

Cloud computing, virtualisation top Gartner CIO survey - 0 views

www.totaltele.com/view.aspx

cloud-computing sursen gartner-survey

shared by Gary Edwards on 21 Jan 11 - No Cached
  • It is these constrained budgets that will drive enterprise adoption of cloud services and virtualisation, McDonald said."These technologies were selected by CIOs the most often and are the top-two technologies for 2011, and are well-suited for this budget reality," he commented. "They offer similar service levels at lower budget costs."
  • rise to 43% over the next four years
  • Gary Edwards on 21 Jan 11
     
    Cloud computing and virtualisation are the top two technology priorities for CIOs in 2011, according to the results of a survey published on Friday by Gartner that revealed global IT budgets are likely to remain largely flat this year. Networking, voice and data communications - traditionally the domain of telcos - ranks sixth in the research firm's study. "New lighter-weight technologies - such as cloud computing, software as a service (SaaS), and social networks - and IT models enable the CIO to redefine IT, giving it a greater focus on growth and strategic impact," said a statement from Mark McDonald, group vice president and head of research for Gartner Executive Programs (EXP). Indeed, Gartner's survey also found that CIOs expect Internet service-based technologies will allow them to divert more resources - up to 50% of their budgets - away from day-to-day operations and towards transforming their business strategies, which could prove significant in the wake of the recession.
Gary Edwards

Tomorrow's World | Oliver Marks comments on Google Wave - 0 views

blogs.zdnet.com/collaboration

gWave google-wave bing wave oliver-marks

shared by Gary Edwards on 01 Jun 09 - Cached
  • Gary Edwards on 01 Jun 09
     
    Oliver has a short post concerning Google Wave and the new world the Wave will have wrought. Once section in particular caught my eye:
    Two behemoths going after each others markets
    ..."Google apps, while a very popular tool for students, has never caught on in the enterprise due to security concerns, with a few exceptions - Microsoft Office is the default in cubicle land. Google search meanwhile is currently the global market leader, and is a popular enterprise solution in the form of internal appliances behind the firewall, while Microsoft's search and associated electronically stored information taxonomy and tagging has been famously weak."
    "While these two giants slug it out for the others coveted market the playing field may well change significantly as the third big internet revolution unfolds. We've gone from Web 1.0, the read only static html website world to Web 2.0, the read-write, 'user generated content' web. The explosion in interconnectedness is at the expense of information fragmentation: the third web generation (Web 3.0?) is all about the meaning and context of data and information.
    "Behaviorally suggested content; the personalized experience of a web that seems to know you and anticipates what you want is just around the corner...."
Paul Merrell

Christine A. Varney to Participate in Eighth Annual International Competition Network C... - 0 views

4g-wirelessevolution.tmcnet.com/...4200887.htm

antitrust policy Obama Administration

shared by Paul Merrell on 29 May 09 - Cached
  • Christine A. Varney, Assistant Attorney General in charge of the Department's Antitrust Division, will participate in the eighth annual International Competition Network (ICN) conference in Zurich, Switzerland, from June 3-5, 2009. At the conference, senior government antitrust officials, private-sector antitrust experts from around the world, and representatives from intergovernmental organizations will meet to discuss competition issues.
  • The ICN conference will focus on the recent accomplishments of its five substantive working groups which address: unilateral conduct, mergers, cartels, advocacy and competition policy implementation. Conference panels will include discussions on proposed Recommended Practices for Substantive Merger Analysis and the analysis of tying and discounting arrangements, and will promote the general exchange of views regarding competition law and policy among the participants. Members also will finalize work programs for the coming year.
  • In October 2001, the Department of Justice and the Federal Trade Commission (FTC) joined with antitrust agencies from 13 other jurisdictions around the world (Australia, Canada, the European Union, France, Germany, Israel, Italy, Japan, Korea, Mexico, South Africa, the United Kingdom and Zambia) to create the ICN. The ICN now includes 107 member agencies from 96 jurisdictions. The goal of the ICN is to provide a forum for antitrust agencies to address antitrust enforcement and policy issues of common interest and formulate proposals for procedural and substantive convergence through a results-oriented agenda and structure.
  • Paul Merrell on 29 May 09
     
    Look for more Obama Administration antitrust policy announcements to flow from the June 3-5 conference announced here. This is the annual conference where antitrust policy changes can be announced to all competition regulators globally. The Obama Administration will not waste that opportunity.
Gary Edwards

Google building Skype-alike software into Chrome | Deep Tech - CNET News - 1 views

news.cnet.com/...ype-alike-software-into-chrome

WebRTC Google-Chrome

shared by Gary Edwards on 21 Jun 11 - No Cached
  • Gary Edwards on 21 Jun 11
     
    So, this is why Google let Microsoft buy Skype!  Open Source WebRTC. excerpt: Shortly after releasing software for audio and video chat as an open-source project called WebRTC as open-source software, Google is beginning to build it into its Chrome browser. The real-time chat software originated from Google's 2010 acquisition of Global IP Solutions (GIPS), a company specializing in Internet telephony and videoconferencing. The obvious beneficiary for the project is Gmail, whose audio and video communications ability today requires use of a proprietary plug-in. Gmail chat is getting more important as Google's VoIP (voice over Internet Protocol) efforts mature and integrate with the Google Voice service.
Paul Merrell

Vodafone reveals existence of secret wires that allow state surveillance | Business | T... - 0 views

www.theguardian.com/...es-allowing-state-surveillance

surveillance state non-U.S.-spy-agencies Vodafone

shared by Paul Merrell on 07 Jun 14 - No Cached
  • Vodafone, one of the world's largest mobile phone groups, has revealed the existence of secret wires that allow government agencies to listen to all conversations on its networks, saying they are widely used in some of the 29 countries in which it operates in Europe and beyond.The company has broken its silence on government surveillance in order to push back against the increasingly widespread use of phone and broadband networks to spy on citizens, and will publish its first Law Enforcement Disclosure Report on Friday. At 40,000 words, it is the most comprehensive survey yet of how governments monitor the conversations and whereabouts of their people.The company said wires had been connected directly to its network and those of other telecoms groups, allowing agencies to listen to or record live conversations and, in certain cases, track the whereabouts of a customer. Privacy campaigners said the revelations were a "nightmare scenario" that confirmed their worst fears on the extent of snooping.
  • Vodafone's group privacy officer, Stephen Deadman, said: "These pipes exist, the direct access model exists."We are making a call to end direct access as a means of government agencies obtaining people's communication data. Without an official warrant, there is no external visibility. If we receive a demand we can push back against the agency. The fact that a government has to issue a piece of paper is an important constraint on how powers are used."Vodafone is calling for all direct-access pipes to be disconnected, and for the laws that make them legal to be amended. It says governments should "discourage agencies and authorities from seeking direct access to an operator's communications infrastructure without a lawful mandate".
  • In America, Verizon and AT&T have published data, but only on their domestic operations. Deutsche Telekom in Germany and Telstra in Australia have also broken ground at home. Vodafone is the first to produce a global survey.
  • ...2 more annotations...
  • Peter Micek, policy counsel at the campaign group Access, said: "In a sector that has historically been quiet about how it facilitates government access to user data, Vodafone has for the first time shone a bright light on the challenges of a global telecom giant, giving users a greater understanding of the demands governments make of telcos. Vodafone's report also highlights how few governments issue any transparency reports, with little to no information about the number of wiretaps, cell site tower dumps, and other invasive surveillance practices."
  • Snowden, the National Security Agency whistleblower, joined Google, Reddit, Mozilla and other tech firms and privacy groups on Thursday to call for a strengthening of privacy rights online in a "Reset the net" campaign.Twelve months after revelations about the scale of the US government's surveillance programs were first published in the Guardian and the Washington Post, Snowden said: "One year ago, we learned that the internet is under surveillance, and our activities are being monitored to create permanent records of our private lives – no matter how innocent or ordinary those lives might be. Today, we can begin the work of effectively shutting down the collection of our online communications, even if the US Congress fails to do the same."
  • Paul Merrell on 07 Jun 14
     
    The Vodafone disclosures will undoubtedly have a very large ripple effect. Note carefully that this is the first major telephone service in the world to break ranks with the others and come out swinging at secret government voyeur agencies. Will others follow. If you follow the links to the Vodafone report, you'll find a very handy big PDF providing an overview of the relevant laws in each of the customer nations. There's a cute Guardian table that shows the aggregate number of warrants for interception of content via Vodafone for each of those nations, broken down by content type. That table has white-on-black cells noting where disclosure of those types of surveillance statistics are prohibited by law. So it is far from a complete picture, but it's a heck of a good start.  But several of those customer nations are members of the E.U., where digital privacy rights are enshrined as human rights under an EU-wide treaty. So expect some heat to roll downhill on those nations from the European treaty organizations, particularly the European Court of Human Rights, staffed with civil libertarian judges, from which there is no appeal.     
Paul Merrell

Japan, U.S. trade chiefs seek to clinch bilateral TPP deal - 毎日新聞 - 0 views

mainichi.jp/...20140924p2g00m0bu022000c.html

globalization Trans-Pacific Partnership home-stretch

shared by Paul Merrell on 03 Nov 14 - No Cached
  • Talks on the TPP, which would create a massive free trade zone encompassing some 40 percent of global output, have long been stalled due partly to bickering between Japan and the United States -- the biggest economies in the TPP framework -- over removal of barriers for agricultural and automotive trade. The biggest sticking point has been Tokyo's proposed exceptions to tariff cuts on its five sensitive farm product categories -- rice, wheat, beef and pork, dairy products and sugar -- and safeguard measures it wants to introduce should imports of the products surge under the TPP, which aims for zero tariffs in principle. It is uncertain how much closer the two sides can move given that their recent working-level talks saw little progress, negotiation sources said.
  • A summit meeting of the Asia-Pacific Economic Cooperation forum scheduled for November in Beijing that Obama and leaders from other TPP countries are slated to join is seen as an occasion for concluding the TPP talks, which have entered their fifth year. But the odds on an agreement depend on whether Japan and the United States can bridge their gaps before that.
  • Hiroshi Oe, Japan's deputy chief TPP negotiator, has admitted that talks with his counterpart Wendy Cutler, Froman's top deputy, earlier this month in Tokyo made very little progress. One negotiation source said the hurdle for solving the outstanding bilateral problems is "extremely high," suggesting it is still premature to bring the talks to the ministerial level. Amari himself had been reluctant to hold a one-on-one meeting with Froman with the working-level negotiations failing to see enough progress. But he apparently decided to ramp up efforts in response to strong calls from Washington for arranging a meeting with Froman, who has said the two sides are "now at a critical juncture in this negotiation."
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  • The TPP comprises Australia, Brunei, Canada, Chile, Japan, Malaysia, Mexico, New Zealand, Peru, Singapore, the United States and Vietnam.
  • Paul Merrell on 03 Nov 14
     
    Get ready to fight TPP fast-tracking in member states. see also 'Wikileaks' free trade documents reveal 'drastic' Australian concessions.' Source: The Guardian. http://goo.gl/hicb5h Remember that in the U.S., only Senate ratification is required. The measure will not go before the House before implementation. 
Paul Merrell

American Surveillance Now Threatens American Business - The Atlantic - 0 views

www.theatlantic.com/...382821

surveillance state NSA U.S. polls sense-of-privacy data privacy

shared by Paul Merrell on 23 Nov 14 - No Cached
  • What does it look like when a society loses its sense of privacy? <div><a href="http://pubads.g.doubleclick.net/gampad/jump?iu=%2F4624%2FTheAtlanticOnline%2Fchannel_technology&t=src%3Dblog%26by%3Drobinson-meyer%26title%3Damerican-surveillance-now-threatens-american-business%26pos%3Din-article&sz=300x250&c=285899172&tile=1" title=""><img style="border:none;" src="http://pubads.g.doubleclick.net/gampad/ad?iu=%2F4624%2FTheAtlanticOnline%2Fchannel_technology&t=src%3Dblog%26by%3Drobinson-meyer%26title%3Damerican-surveillance-now-threatens-american-business%26pos%3Din-article&sz=300x250&c=285899172&tile=1" alt="" /></a></div>In the almost 18 months since the Snowden files first received coverage, writers and critics have had to guess at the answer. Does a certain trend, consumer complaint, or popular product epitomize some larger shift? Is trust in tech companies eroding—or is a subset just especially vocal about it? Polling would make those answers clear, but polling so far has been… confused. A new study, conducted by the Pew Internet Project last January and released last week, helps make the average American’s view of his or her privacy a little clearer. And their confidence in their own privacy is ... low. The study's findings—and the statistics it reports—stagger. Vast majorities of Americans are uncomfortable with how the government uses their data, how private companies use and distribute their data, and what the government does to regulate those companies. No summary can equal a recounting of the findings. Americans are displeased with government surveillance en masse:   
  • A new study finds that a vast majority of Americans trust neither the government nor tech companies with their personal data.
  • What does it look like when a society loses its sense of privacy? <div><a href="http://pubads.g.doubleclick.net/gampad/jump?iu=%2F4624%2FTheAtlanticOnline%2Fchannel_technology&t=src%3Dblog%26by%3Drobinson-meyer%26title%3Damerican-surveillance-now-threatens-american-business%26pos%3Din-article&sz=300x250&c=285899172&tile=1" title=""><img style="border:none;" src="http://pubads.g.doubleclick.net/gampad/ad?iu=%2F4624%2FTheAtlanticOnline%2Fchannel_technology&t=src%3Dblog%26by%3Drobinson-meyer%26title%3Damerican-surveillance-now-threatens-american-business%26pos%3Din-article&sz=300x250&c=285899172&tile=1" alt="" /></a></div>In the almost 18 months since the Snowden files first received coverage, writers and critics have had to guess at the answer. Does a certain trend, consumer complaint, or popular product epitomize some larger shift? Is trust in tech companies eroding—or is a subset just especially vocal about it? Polling would make those answers clear, but polling so far has been… confused. A new study, conducted by the Pew Internet Project last January and released last week, helps make the average American’s view of his or her privacy a little clearer. And their confidence in their own privacy is ... low. The study's findings—and the statistics it reports—stagger. Vast majorities of Americans are uncomfortable with how the government uses their data, how private companies use and distribute their data, and what the government does to regulate those companies. No summary can equal a recounting of the findings. Americans are displeased with government surveillance en masse:   
  • ...3 more annotations...
  • According to the study, 70 percent of Americans are “at least somewhat concerned” with the government secretly obtaining information they post to social networking sites. Eighty percent of respondents agreed that “Americans should be concerned” with government surveillance of telephones and the web. They are also uncomfortable with how private corporations use their data: Ninety-one percent of Americans believe that “consumers have lost control over how personal information is collected and used by companies,” according to the study. Eighty percent of Americans who use social networks “say they are concerned about third parties like advertisers or businesses accessing the data they share on these sites.” And even though they’re squeamish about the government’s use of data, they want it to regulate tech companies and data brokers more strictly: 64 percent wanted the government to do more to regulate private data collection. Since June 2013, American politicians and corporate leaders have fretted over how much the leaks would cost U.S. businesses abroad.
  • “It’s clear the global community of Internet users doesn’t like to be caught up in the American surveillance dragnet,” Senator Ron Wyden said last month. At the same event, Google chairman Eric Schmidt agreed with him. “What occurred was a loss of trust between America and other countries,” he said, according to the Los Angeles Times. “It's making it very difficult for American firms to do business.” But never mind the world. Americans don’t trust American social networks. More than half of the poll’s respondents said that social networks were “not at all secure. Only 40 percent of Americans believe email or texting is at least “somewhat” secure. Indeed, Americans trusted most of all communication technologies where some protections has been enshrined into the law (though the report didn’t ask about snail mail). That is: Talking on the telephone, whether on a landline or cell phone, is the only kind of communication that a majority of adults believe to be “very secure” or “somewhat secure.”
  • (That may seem a bit incongruous, because making a telephone call is one area where you can be almost sure you are being surveilled: The government has requisitioned mass call records from phone companies since 2001. But Americans appear, when discussing security, to differentiate between the contents of the call and data about it.) Last month, Ramsey Homsany, the general counsel of Dropbox, said that one big thing could take down the California tech scene. “We have built this incredible economic engine in this region of the country,” said Homsany in the Los Angeles Times, “and [mistrust] is the one thing that starts to rot it from the inside out.” According to this poll, the mistrust has already begun corroding—and is already, in fact, well advanced. We’ve always assumed that the great hurt to American business will come globally—that citizens of other nations will stop using tech companies’s services. But the new Pew data shows that Americans suspect American businesses just as much. And while, unlike citizens of other nations, they may not have other places to turn, they may stop putting sensitive or delicate information online.
Paul Merrell

How Edward Snowden Changed Everything | The Nation - 0 views

www.thenation.com/...ard-snowden-changed-everything

surveillance state Snowden Wizner state-of-play civil-liberties must-read

shared by Paul Merrell on 16 Nov 15 - No Cached
  • Ben Wizner, who is perhaps best known as Edward Snowden’s lawyer, directs the American Civil Liberties Union’s Speech, Privacy & Technology Project. Wizner, who joined the ACLU in August 2001, one month before the 9/11 attacks, has been a force in the legal battles against torture, watch lists, and extraordinary rendition since the beginning of the global “war on terror.” Ad Policy On October 15, we met with Wizner in an upstate New York pub to discuss the state of privacy advocacy today. In sometimes sardonic tones, he talked about the transition from litigating on issues of torture to privacy advocacy, differences between corporate and state-sponsored surveillance, recent developments in state legislatures and the federal government, and some of the obstacles impeding civil liberties litigation. The interview has been edited and abridged for publication.
  • en Wizner, who is perhaps best known as Edward Snowden’s lawyer, directs the American Civil Liberties Union’s Speech, Privacy & Technology Project. Wizner, who joined the ACLU in August 2001, one month before the 9/11 attacks, has been a force in the legal battles against torture, watch lists, and extraordinary rendition since the beginning of the global “war on terror.” Ad Policy On October 15, we met with Wizner in an upstate New York pub to discuss the state of privacy advocacy today. In sometimes sardonic tones, he talked about the transition from litigating on issues of torture to privacy advocacy, differences between corporate and state-sponsored surveillance, recent developments in state legislatures and the federal government, and some of the obstacles impeding civil liberties litigation. The interview has been edited and abridged for publication.
  • Many of the technologies, both military technologies and surveillance technologies, that are developed for purposes of policing the empire find their way back home and get repurposed. You saw this in Ferguson, where we had military equipment in the streets to police nonviolent civil unrest, and we’re seeing this with surveillance technologies, where things that are deployed for use in war zones are now commonly in the arsenals of local police departments. For example, a cellphone surveillance tool that we call the StingRay—which mimics a cellphone tower and communicates with all the phones around—was really developed as a military technology to help identify targets. Now, because it’s so inexpensive, and because there is a surplus of these things that are being developed, it ends up getting pushed down into local communities without local democratic consent or control.
  • ...4 more annotations...
  • SG & TP: How do you see the current state of the right to privacy? BW: I joked when I took this job that I was relieved that I was going to be working on the Fourth Amendment, because finally I’d have a chance to win. That was intended as gallows humor; the Fourth Amendment had been a dishrag for the last several decades, largely because of the war on drugs. The joke in civil liberties circles was, “What amendment?” But I was able to make this joke because I was coming to Fourth Amendment litigation from something even worse, which was trying to sue the CIA for torture, or targeted killings, or various things where the invariable outcome was some kind of non-justiciability ruling. We weren’t even reaching the merits at all. It turns out that my gallows humor joke was prescient.
  • The truth is that over the last few years, we’ve seen some of the most important Fourth Amendment decisions from the Supreme Court in perhaps half a century. Certainly, I think the Jones decision in 2012 [U.S. v. Jones], which held that GPS tracking was a Fourth Amendment search, was the most important Fourth Amendment decision since Katz in 1967 [Katz v. United States], in terms of starting a revolution in Fourth Amendment jurisprudence signifying that changes in technology were not just differences in degree, but they were differences in kind, and require the Court to grapple with it in a different way. Just two years later, you saw the Court holding that police can’t search your phone incident to an arrest without getting a warrant [Riley v. California]. Since 2012, at the level of Supreme Court jurisprudence, we’re seeing a recognition that technology has required a rethinking of the Fourth Amendment at the state and local level. We’re seeing a wave of privacy legislation that’s really passing beneath the radar for people who are not paying close attention. It’s not just happening in liberal states like California; it’s happening in red states like Montana, Utah, and Wyoming. And purple states like Colorado and Maine. You see as many libertarians and conservatives pushing these new rules as you see liberals. It really has cut across at least party lines, if not ideologies. My overall point here is that with respect to constraints on government surveillance—I should be more specific—law-enforcement government surveillance—momentum has been on our side in a way that has surprised even me.
  • Do you think that increased privacy protections will happen on the state level before they happen on the federal level? BW: I think so. For example, look at what occurred with the death penalty and the Supreme Court’s recent Eighth Amendment jurisprudence. The question under the Eighth Amendment is, “Is the practice cruel and unusual?” The Court has looked at what it calls “evolving standards of decency” [Trop v. Dulles, 1958]. It matters to the Court, when it’s deciding whether a juvenile can be executed or if a juvenile can get life without parole, what’s going on in the states. It was important to the litigants in those cases to be able to show that even if most states allowed the bad practice, the momentum was in the other direction. The states that were legislating on this most recently were liberalizing their rules, were making it harder to execute people under 18 or to lock them up without the possibility of parole. I think you’re going to see the same thing with Fourth Amendment and privacy jurisprudence, even though the Court doesn’t have a specific doctrine like “evolving standards of decency.” The Court uses this much-maligned test, “Do individuals have a reasonable expectation of privacy?” We’ll advance the argument, I think successfully, that part of what the Court should look at in considering whether an expectation of privacy is reasonable is showing what’s going on in the states. If we can show that a dozen or eighteen state legislatures have enacted a constitutional protection that doesn’t exist in federal constitutional law, I think that that will influence the Supreme Court.
  • The question is will it also influence Congress. I think there the answer is also “yes.” If you’re a member of the House or the Senate from Montana, and you see that your state legislature and your Republican governor have enacted privacy legislation, you’re not going to be worried about voting in that direction. I think this is one of those places where, unlike civil rights, where you saw most of the action at the federal level and then getting forced down to the states, we’re going to see more action at the state level getting funneled up to the federal government.
  • Paul Merrell on 16 Nov 15
     
    A must-read. Ben Wizner discusses the current climate in the courts in government surveillance cases and how Edward Snowden's disclosures have affected that, and much more. Wizner is not only Edward Snowden's lawyer, he is also the coordinator of all ACLU litigation on electronic surveillance matters.
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