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Paul Merrell

OpenSolaris Governance Board resigns - The H Open Source: News and Features - 1 views

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    It's official now. OpenSolaris is abandonware, leaving OpenBSD as the major open Unix platform still supported.    
Gary Edwards

The State of the Internet Operating System - O'Reilly Radar - 0 views

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    ... The Internet Operating System is an Information Operating System ... Search is key to managing and working "information" ... Media Access ... Communications ... Identity and the Social Graph ... Payment ... Advertising ... Location ... Activity Streams - "Attention" ... Time  ... Image and Speech Recognition ... Government Data ... The Browser Where is the "operating system" in all this? Clearly, it is still evolving. Applications use a hodgepodge of services from multiple different providers to get the information they need. But how different is this from PC application development in the early 1980s, when every application provider wrote their own device drivers to support the hodgepodge of disks, ports, keyboards, and screens that comprised the still emerging personal computer ecosystem? Along came Microsoft with an offer that was difficult to refuse: We'll manage the drivers; all application developers have to do is write software that uses the Win32 APIs, and all of the complexity will be abstracted away. This is the crux of my argument about the internet operating system. We are once again approaching the point at which the Faustian bargain will be made: simply use our facilities, and the complexity will go away. And much as happened during the 1980s, there is more than one company making that promise. We're entering a modern version of "the Great Game", the rivalry to control the narrow passes to the promised future of computing.
Paul Merrell

White House tells agencies to use same framework to exchange information - Nextgov - 0 views

  • The White House is requiring federal agencies to consider using a standard configuration developed by the Justice and Homeland Security departments to share information across the public and private sectors. More than a month ago, the Office of Management and Budget issued guidance to agencies on the website of the National Information Exchange Model, a joint DOJ-DHS program. The OMB document, which is not posted on its website, includes instructions for assessing the framework's merits by May 1. "All agencies shall evaluate the adoption and use of the National Information Exchange Model as the basis . . . of reusable cross-boundary information exchanges," said an enclosed memo from Kshemendra Paul, the federal chief architect. "The Office of Management and Budget is working jointly with the NIEM Program Management Office to provide guidance and the tools necessary to help you meet this requirement."
  • NIEM launched in 2005 with the goal of linking jurisdictions throughout the country to better respond to crises, including terrorist attacks, natural disasters, large-scale crime and other emergencies handled by Justice and Homeland Security. The standards are intended to expedite the secure exchange of accurate information.
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    See also the NIEM coverage map at http://www.niem.gov/organizationsMap.php Progress on government information sharing in the U.S. 
Gary Edwards

Google's HTML5 Crush | PCMag.com - 1 views

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    Google I/O, on the other hand, is about more than just the Chrome Browser-which was barely mentioned in the keynote. Mobile Analyst Sascha Segan had a theory about Google's seeming HTML5 obsession. It's an open "standard." Talking about standards makes government regulatory bodies happy. Google, which grows bigger and more powerful by the minute, is under almost constant scrutiny-look at the trouble it's having completing its AdMob acquisition. If you talk open standards, the feds may assume that you're a company looking to do no harm and to work in harmony with everyone else. It's not a bad theory, but I don't buy it. When looked at alongside other announcements Google made yesterday, you see a company trying to rebuild the Web in its own image. Google wants you to use HTML5, but, like Microsoft, it likely wants you to build things its way. Don't be surprised if little pet tags start to creep in from all interested parties. And then there's video. Google introduced a brand new video code that'll work, naturally, with HTML5 and, conceivably, Flash. It's called VP8.
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    Adobe has already announced that they'll be adding VP8 support to Flash.
Gary Edwards

Notepad++ | 5.8.6 - 1 views

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    Notepad++ is a free (as in "free speech" and also as in "free beer") source code editor and Notepad replacement that supports several languages. Running in the MS Windows environment, its use is governed by GPL License. Excellent recommendation from Marbux!  Very powerful but easy to use OSS Based on the powerful editing component Scintilla, Notepad++ is written in C++ and uses pure Win32 API and STL which ensures a higher execution speed and smaller program size. By optimizing as many routines as possible without losing user friendliness, Notepad++ is trying to reduce the world carbon dioxide emissions. When using less CPU power, the PC can throttle down and reduce power consumption, resulting in a greener environment.
Gary Edwards

IBM to Open Big Data Center in China - WSJ.com - 0 views

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    BEIJING-International Business Machines Corp. agreed to cooperate with Chinese network services provider Range Technology Development Co. on the construction of a cloud computing data center in China, which IBM said will be Asia's largest in terms of floor space. Construction of the center is likely to generate about $200 million worth of contracts for IBM over the next five years, a person familiar with the situation said. IBM said Tuesday it expects the data center in Langfang, Hebei province, to be completed in 2016 and to have a floor space of more than 620,000 square meters. IBM and Range Technology signed an agreement on the data center last week in Chicago during Chinese President Hu Jintao's state visit to the U.S., IBM said. The data center will offer services such as data backup, disaster recovery and leasing of servers, said Li Tao, senior manager of IBM China's public sector division. Enterprises such as software developers and government departments are likely to use services provided by the data center, IBM said. No one at Range Technology was immediately able to comment Tuesday, but a statement dated Jan. 11 on the company's website said it formed a strategic partnership with IBM, and the companies would cooperate in areas including data center construction.
Gary Edwards

OpenGoo: Office Productivity in the Cloud « Ahlera | Words from Ahlera - 0 views

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    Another great review for Conrado. Summary: OpenGoo is an open source web/Cloud office where all resources and aspects of contact and project management are linked. This includes eMail, calendar, task, schedules, time lines, notes, documents, workgroups and data. Great stuff. OpenGoo and hosted sister Feng Office are the first Web Office systems to challenge the entire Microsoft Office productivity environment. Very polished, great performance. Excellent use of URI's to replace Win32-OLE functionality. Lacks direct collaboration of Zoho and gDOCS. Could easily make up for that and more with the incorporation of Wave computing (Google). I'm wondering when Conrado will take on the vertical market categories; like Real Estate - Finance? I also think OpenGoo and Feng Office have reached the point where governments would be interested. Instead of replacing existing MSOffice desktops, migrate the project/contact management stuff to OpenGoo, and shut down the upgrade treadmill. Get into the Cloud. I suspect also that Conrado is looking carefully at Wave Computing, and the chellenge of incorporating Wave into OpenGoo.
Gary Edwards

Are the feds the first to a common cloud definition? | The Wisdom of Clouds - CNET News - 0 views

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    Cisco's James Urquhart discusses the NIST definition of Cloud Computing. The National Institute of Technology and Standards is a non regulatory branch of the Commerce Department and is responsible for much of the USA's official participation in World Standards organizations. This is an important discussion, but i'm a bit disappointed by the loose use of the term "network". I guess they mean the Internet? No mention of RESTfull computing or Open Web Standards either. Some interesting clips: ...(The NIST's) definition of cloud computing will be the de facto standard definition that the entire US government will be given...In creating this definition, NIST consulted extensively with the private sector including a wide range of vendors, consultants and industry pundants including your truly. Below is the draft NIST working definition of Cloud Computing. I should note, this definition is a work in progress and therefore is open to public ratification & comment. The initial feedback was very positive from the federal CIO's who were presented it yesterday in DC. Baring any last minute lobbying I doubt we'll see many more major revisions. ....... Cloud computing is a pay-per-use model for enabling available, convenient, on-demand network access to a shared pool of configurable computing resources (e.g., networks, servers, storage, applications, services) that can be rapidly provisioned and released with minimal management effort or service provider interaction. This cloud model promotes availability and is comprised of five key characteristics, three delivery models, and four deployment models.
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    Gary, NIST really is not "responsible for much of the USA's official participation in World Standards organizations." Lots of legal analysis omitted, but the bottom line is that NIST would have had to be delegated that responsibility by the President, but never was. However, that did not stop NIST from signing over virtually all responsibility for U.S. participation in international standard development to the private ANSI, without so much as a public notice and comment rulemaking process. See section 3 at http://ts.nist.gov/Standards/Conformity/ansimou.cfm. Absolutely illegal, including at least two bright-line violations of the U.S. Constitution. But the Feds have unmistakably abdicated their legal responsibilities in regard to international standards to the private sector.
Paul Merrell

OASIS Protects Open Source Developers From Software Patents [on Simon Phipps, SunMink] - 0 views

  • OASIS seems to have taken it to heart, because it has today announced what looks to me like the perfect basis for technology standards in an open source world.Their new rules2 include a new "mode" which standards projects can opt into using. In this new mode, all contributors promise that they will not assert any patents they may own related to the standard the project is defining. Contributors make this covenant:Each Obligated Party in a Non-Assertion Mode TC irrevocably covenants that, subject to Section 10.3.2 and Section 11 of the OASIS IPR Policy, it will not assert any of its Essential Claims covered by its Contribution Obligations or Participation Obligations against any OASIS Party or third party for making, having made, using, marketing, importing, offering to sell, selling, and otherwise distributing Covered Products that implement an OASIS Final Deliverable developed by that TC.
  • The covenant described in Section 10.3.1 may be suspended or revoked by the Obligated Party with respect to any OASIS Party or third party if that OASIS Party or third party asserts an Essential Claim in a suit first brought against, or attempts in writing to assert an Essential Claim against, a Beneficiary with respect to a Covered Product that implements the same OASIS Final Deliverable.
  • There's a redline PDF document showing the changes - the new stuff is mainly in section 10, although other areas had to be changed to match as well, I gather.
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  • OASIS Protects Open Source Developers From Software Patents
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    This new technical committee IPR mode may not make much sense to the legally-inclined without reading the new section 2.7 definition of "Covered Product." There we learn that the patent covenant extends only so far as the implementation is conformant with the standard. I count that as a good thing, curing a defect in the Sun Covenant Not to Sue in regard to ODF, which at least arguably extended far enough to confer immunity on those who embrace and extend a standard. But the reciprocity provision allowing contributors to counter-sue for infringement if sued clashes with many definitions of an "open standard" adopted by governmental entities for procurement purposes. So a question remains as to who must bend, government or OASIS members.
Gary Edwards

The Future of Collaborative Networks : Aaron Fulkerson of MindTouch - 0 views

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    MindTouch was by far and away the hottest property at the 2009 Web 2.0 Conference. And for good reason. They have figured out how to tap into the productivity value of enterprise collaborative networks. Most their underlying stuff is based on REST based data objects and services, but they also allow for proprietary data bindings. The key to MindTouch seemd to be the easy to fall into and use collaborative interface: imagine a workgroup project centered around a Web page filled with data objects, graphics and content, with each object also having a collabortaive conversation attached to it. Sounds complicated, but that's where the magic of MindTouch kicks in. It's simple. One the things that most impressed me was an interactive graph placed on one of the wiki project pages. The graph was being fed data from a local excel spreadsheet, and could be interacted with in real time. It was simple to change from a pie chart to a bar graph and so on. It was also possible to interact with the data itself and create what-if scenario's. Great stuff. With considerable persistence though, i was able to discover from Aaron that this interactivity and graphical richness was due to a Silverlight plug-in! From the article: "..... Rather than focusing on socialization, one to one interactions and individual enrichment, businesses must be concerned with creating an information fabric within their organizations. This information fabric is a federation of content from the multiplicity of data and application silos utilized on a daily basis; such as, ERP, CRM, file servers, email, databases, web-services infrastructures, etc. When you make this information fabric easy to edit between groups of individuals in a dynamic, secure, governed and real-time manner, it creates a Collaborative Network." "This is very different from social networks or social software, which is focused entirely on enabling conversations. Collaborative Networks are focused on groups accessing and organiz
Paul Merrell

Antitrust Chief Hits Resistance in Crackdown - NYTimes.com - 0 views

  • WASHINGTON — President Obama’s top antitrust official and some senior Democratic lawmakers are preparing to rein in a host of major industries, including airline and railroad giants, moving so aggressively that they are finding some resistance from officials within the administration.
    • Paul Merrell
       
      Predictable. Government regulatory agencies tend to become dominated by the regulated industries in no small part due to the "revolving door" that sees particular officials shuttling back and forth between working for industry and government. As former Senator Scoop Jackson said, the perennial problem with regulatory agencies is who will police the police? Now the Obama Administration's antitrust reformers hit the obstacle of regulatory agency bias toward the regulated industries. The monopolists fight back.
Gary Edwards

How Microsoft Ratted Itself Out Of Office | Michael Hickins | BNET - 0 views

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    Another good article form Michael Hickins, this time linking the success of Google Wave to the success of Microsoft OOXML. Rob Weir jumps in to defend , well, i'm not sure. I did however respond. Excerpt: Developers hoping to hitch a ride on Google's Wave have discovered that Microsoft may have unwittingly helped them resolve the single greatest problem they needed to overcome in order to challenge the dominance of Office. When Microsoft set out to create Office 2007 using a brand new code base - Office Open XML (OOXML) - it needed to accomplish two goals: make it compatible with all previous versions of Office, and have it accepted as a standard file format for productivity tools so that governments could continue using it while complying with rules forcing them to use standards-based software. ..... Depending on your perspective, either Microsoft has sowed the seeds of its own undoing, or international standards bodies succeeded in forcing Microsoft to open itself up. Either way, Microsoft has given away the key to compatibility with Office documents, allowing all comers to overcome the one barrier that has heretofore prevented customers from dumping Microsoft's Office suite.
Paul Merrell

Vodafone Law Enforcement Report - 0 views

  • As explained earlier in this report, Vodafone’s global business consists largely of a group of separate subsidiary companies, each of which operates under the terms of a licence or other authorisation issued by the government of the country in which the subsidiary is located, and each of which is subject to the domestic laws of that country. In this section of the report, we provide a country-by-country insight into the nature of the local legal regime governing law enforcement assistance, together with an indication of the volume of each country’s agency and authority demands wherever that information is available and publication is not prohibited. In addition, a summary of some of the most relevant legal powers in each of our countries of operation can be found in our legal Annexe (pdf, 1.76 MB).
Paul Merrell

LEAKED: Secret Negotiations to Let Big Brother Go Global | Wolf Street - 0 views

  • Much has been written, at least in the alternative media, about the Trans Pacific Partnership (TPP) and the Transatlantic Trade and Investment Partnership (TTIP), two multilateral trade treaties being negotiated between the representatives of dozens of national governments and armies of corporate lawyers and lobbyists (on which you can read more here, here and here). However, much less is known about the decidedly more secretive Trade in Services Act (TiSA), which involves more countries than either of the other two. At least until now, that is. Thanks to a leaked document jointly published by the Associated Whistleblowing Press and Filtrala, the potential ramifications of the treaty being hashed out behind hermetically sealed doors in Geneva are finally seeping out into the public arena.
  • The leaked documents confirm our worst fears that TiSA is being used to further the interests of some of the largest corporations on earth (…) Negotiation of unrestricted data movement, internet neutrality and how electronic signatures can be used strike at the heart of individuals’ rights. Governments must come clean about what they are negotiating in these secret trade deals. Fat chance of that, especially in light of the fact that the text is designed to be almost impossible to repeal, and is to be “considered confidential” for five years after being signed. What that effectively means is that the U.S. approach to data protection (read: virtually non-existent) could very soon become the norm across 50 countries spanning the breadth and depth of the industrial world.
  • If signed, the treaty would affect all services ranging from electronic transactions and data flow, to veterinary and architecture services. It would almost certainly open the floodgates to the final wave of privatization of public services, including the provision of healthcare, education and water. Meanwhile, already privatized companies would be prevented from a re-transfer to the public sector by a so-called barring “ratchet clause” – even if the privatization failed. More worrisome still, the proposal stipulates that no participating state can stop the use, storage and exchange of personal data relating to their territorial base. Here’s more from Rosa Pavanelli, general secretary of Public Services International (PSI):
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  • The main players in the top-secret negotiations are the United States and all 28 members of the European Union. However, the broad scope of the treaty also includes Australia, Canada, Chile, Colombia, Costa Rica, Hong Kong, Iceland, Israel, Japan, Liechtenstein, Mexico, New Zealand, Norway, Pakistan, Panama, Paraguay, Peru, South Korea, Switzerland, Taiwan and Turkey. Combined they represent almost 70 percent of all trade in services worldwide. An explicit goal of the TiSA negotiations is to overcome the exceptions in GATS that protect certain non-tariff trade barriers, such as data protection. For example, the draft Financial Services Annex of TiSA, published by Wikileaks in June 2014, would allow financial institutions, such as banks, the free transfer of data, including personal data, from one country to another. As Ralf Bendrath, a senior policy advisor to the MEP Jan Philipp Albrecht, writes in State Watch, this would constitute a radical carve-out from current European data protection rules:
Paul Merrell

Notes from the Fight Against Surveillance and Censorship: 2014 in Review | Electronic F... - 0 views

  • 2014 in Review Series Net Neutrality Takes a Wild Ride 8 Stellar Surveillance Scoops Web Encryption Gets Stronger and More Widespread Big Patent Reform Wins in Court, Defeat (For Now) in Congress International Copyright Law More Time in the Spotlight for NSLs The State of Free Expression Online What We Learned About NSA Spying in 2014—And What We're Fighting to Expose in 2015 "Fair Use Is Working!" Email Encryption Grew Tremendously, but Still Needs Work Spies Vs. Spied, Worldwide The Fight in Congress to End the NSA's Mass Spying Open Access Movement Broadens, Moves Forward Stingrays Go Mainstream Three Vulnerabilities That Rocked the Online Security World Mobile Privacy and Security Takes Two Steps Forward, One Step Back It Was a Pivotal Year in TPP Activism but the Biggest Fight Is Still to Come The Government Spent a Lot of Time in Court Defending NSA Spying Last Year Let's Encrypt (the Entire Web)
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    The Electronic Freedom Foundation just dropped an incredible bunch of articles on the world in the form of their "2014 Year In Review" series. These are major contributions that place an awful lot of information in context. I thought I had been keeping a close eye on the same subject matter, but I'm only part way through the articles and am learning time after time that I had missed really important news having to do with digital freedom. I can't recommend these articles enough. So far, they are all must-read.  
Paul Merrell

Thunderclap: Free Information from Space - 0 views

  • Right now, only 40% of humanity can connect to the Internet. Even less than that have access to truly free, uncensored Internet. What this represents is an enormous gap in access to information. While the Internet is an amazing communication tool, it is also the largest library ever constructed. It grants access to anything from books, videos, courseware, news, and weather, to open source farm equipment or instructions on how to treat infection or prevent HIV from spreading. #ImagineIf everyone could have that information for free?On August 11, 2014, Outernet will make that library available from space for free for the first time. Help us tell the world.#ImagineIf everyone had any information they wanted - what would that world look like? What new inventions would be created or diseases cured? What would people read about if their governments no longer deprived them of their right to free information? Soon, we won't have to imagine.
  • Right now, only 40% of humanity can connect to the Internet. Even less than that have access to truly free, uncensored Internet. What this represents is an enormous gap in access to information. While the Internet is an amazing communication tool, it is also the largest library ever constructed. It grants access to anything from books, videos, courseware, news, and weather, to open source farm equipment or instructions on how to treat infection or prevent HIV from spreading. #ImagineIf everyone could have that information for free?On August 11, 2014, Outernet will make that library available from space for free for the first time. Help us tell the world.#ImagineIf everyone had any information they wanted - what would that world look like? What new inventions would be created or diseases cured? What would people read about if their governments no longer deprived them of their right to free information? 
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    INFORMATION FOR THE WORLD FROM OUTER SPACE Unrestricted, globally accessible, broadcast data. Quality content from all over the Internet. Available to all of humanity. For free. Through satellite data broadcasting, Outernet is able to bypass censorship, ensure privacy, and offer a universally-accessible information service at no cost to global citizens. It's the modern version of shortwave radio, or BitTorrent from space.
Paul Merrell

Visit the Wrong Website, and the FBI Could End Up in Your Computer | Threat Level | WIRED - 0 views

  • Security experts call it a “drive-by download”: a hacker infiltrates a high-traffic website and then subverts it to deliver malware to every single visitor. It’s one of the most powerful tools in the black hat arsenal, capable of delivering thousands of fresh victims into a hackers’ clutches within minutes. Now the technique is being adopted by a different kind of a hacker—the kind with a badge. For the last two years, the FBI has been quietly experimenting with drive-by hacks as a solution to one of law enforcement’s knottiest Internet problems: how to identify and prosecute users of criminal websites hiding behind the powerful Tor anonymity system. The approach has borne fruit—over a dozen alleged users of Tor-based child porn sites are now headed for trial as a result. But it’s also engendering controversy, with charges that the Justice Department has glossed over the bulk-hacking technique when describing it to judges, while concealing its use from defendants. Critics also worry about mission creep, the weakening of a technology relied on by human rights workers and activists, and the potential for innocent parties to wind up infected with government malware because they visited the wrong website. “This is such a big leap, there should have been congressional hearings about this,” says ACLU technologist Chris Soghoian, an expert on law enforcement’s use of hacking tools. “If Congress decides this is a technique that’s perfectly appropriate, maybe that’s OK. But let’s have an informed debate about it.”
  • The FBI’s use of malware is not new. The bureau calls the method an NIT, for “network investigative technique,” and the FBI has been using it since at least 2002 in cases ranging from computer hacking to bomb threats, child porn to extortion. Depending on the deployment, an NIT can be a bulky full-featured backdoor program that gives the government access to your files, location, web history and webcam for a month at a time, or a slim, fleeting wisp of code that sends the FBI your computer’s name and address, and then evaporates. What’s changed is the way the FBI uses its malware capability, deploying it as a driftnet instead of a fishing line. And the shift is a direct response to Tor, the powerful anonymity system endorsed by Edward Snowden and the State Department alike.
Paul Merrell

British Prime Minister Suggests Banning Some Online Messaging Apps - NYTimes.com - 0 views

  • Popular messaging services like Snapchat and WhatsApp are in the cross hairs in Britain. That was the message delivered on Monday by Prime Minister David Cameron, who said he would pursue banning encrypted messaging services if Britain’s intelligence services were not given access to the communications. The statement comes as many European politicians are demanding that Internet companies like Google and Facebook provide greater information about people’s online activities after several recent terrorist threats, including the attacks in Paris.
  • Mr. Cameron, who has started to campaign ahead of a national election in Britain in May, said his government, if elected, would ban encrypted online communication tools that could potentially be used by terrorists if the country’s intelligence agencies were not given increased access. The reforms are part of new legislation that would force telecom operators and Internet services providers to store more data on people’s online activities, including social network messages. “Are we going to allow a means of communications which it simply isn’t possible to read?” Mr. Cameron said at an event on Monday, in reference to services like WhatsApp, Snapchat and other encrypted online applications. “My answer to that question is: ‘No, we must not.’ ” Mr. Cameron said his first duty was to protect the country against terrorist attacks.
  • “The attacks in Paris demonstrated the scale of the threat that we face and the need to have robust powers through our intelligence and security agencies in order to keep our people safe,” he added. Any restriction on these online services, however, would not take effect until 2016, at the earliest, and it remained unclear how the British government could stop people from using these apps, which are used by hundreds of millions of people worldwide.
Paul Merrell

No, Department of Justice, 80 Percent of Tor Traffic Is Not Child Porn | WIRED - 0 views

  • The debate over online anonymity, and all the whistleblowers, trolls, anarchists, journalists and political dissidents it enables, is messy enough. It doesn’t need the US government making up bogus statistics about how much that anonymity facilitates child pornography.
  • he debate over online anonymity, and all the whistleblowers, trolls, anarchists, journalists and political dissidents it enables, is messy enough. It doesn’t need the US government making up bogus statistics about how much that anonymity facilitates child pornography. At the State of the Net conference in Washington on Tuesday, US assistant attorney general Leslie Caldwell discussed what she described as the dangers of encryption and cryptographic anonymity tools like Tor, and how those tools can hamper law enforcement. Her statements are the latest in a growing drumbeat of federal criticism of tech companies and software projects that provide privacy and anonymity at the expense of surveillance. And as an example of the grave risks presented by that privacy, she cited a study she said claimed an overwhelming majority of Tor’s anonymous traffic relates to pedophilia. “Tor obviously was created with good intentions, but it’s a huge problem for law enforcement,” Caldwell said in comments reported by Motherboard and confirmed to me by others who attended the conference. “We understand 80 percent of traffic on the Tor network involves child pornography.” That statistic is horrifying. It’s also baloney.
  • In a series of tweets that followed Caldwell’s statement, a Department of Justice flack said Caldwell was citing a University of Portsmouth study WIRED covered in December. He included a link to our story. But I made clear at the time that the study claimed 80 percent of traffic to Tor hidden services related to child pornography, not 80 percent of all Tor traffic. That is a huge, and important, distinction. The vast majority of Tor’s users run the free anonymity software while visiting conventional websites, using it to route their traffic through encrypted hops around the globe to avoid censorship and surveillance. But Tor also allows websites to run Tor, something known as a Tor hidden service. This collection of hidden sites, which comprise what’s often referred to as the “dark web,” use Tor to obscure the physical location of the servers that run them. Visits to those dark web sites account for only 1.5 percent of all Tor traffic, according to the software’s creators at the non-profit Tor Project. The University of Portsmouth study dealt exclusively with visits to hidden services. In contrast to Caldwell’s 80 percent claim, the Tor Project’s director Roger Dingledine pointed out last month that the study’s pedophilia findings refer to something closer to a single percent of Tor’s overall traffic.
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  • So to whoever at the Department of Justice is preparing these talking points for public consumption: Thanks for citing my story. Next time, please try reading it.
Paul Merrell

The Newest Reforms on SIGINT Collection Still Leave Loopholes | Just Security - 0 views

  • Director of National Intelligence James Clapper this morning released a report detailing new rules aimed at reforming the way signals intelligence is collected and stored by certain members of the United States Intelligence Community (IC). The long-awaited changes follow up on an order announced by President Obama one year ago that laid out the White House’s principles governing the collection of signals intelligence. That order, commonly known as PPD-28, purports to place limits on the use of data collected in bulk and to increase privacy protections related to the data collected, regardless of nationality. Accordingly, most of the changes presented as “new” by Clapper’s office  (ODNI) stem directly from the guidance provided in PPD-28, and so aren’t truly new. And of the biggest changes outlined in the report, there are still large exceptions that appear to allow the government to escape the restrictions with relative ease. Here’s a quick rundown.
  • Retention policy for non-U.S. persons. The new rules say that the IC must now delete information about “non-U.S. persons” that’s been gathered via signals intelligence after five-years. However, there is a loophole that will let spies hold onto that information indefinitely whenever the Director of National Intelligence determines (after considering the views of the ODNI’s Civil Liberties Protection Officer) that retaining information is in the interest of national security. The new rules don’t say whether the exceptions will be directed at entire groups of people or individual surveillance targets.  Section 215 metadata. Updates to the rules concerning the use of data collected under Section 215 of the Patriot Act includes the requirement that the Foreign Intelligence Surveillance Court (rather than authorized NSA officials) must determine spies have “reasonable, articulable suspicion” prior to query Section 215 data, outside of emergency circumstances. What qualifies as an emergency for these purposes? We don’t know. Additionally, the IC is now limited to two “hops” in querying the database. This means that spies can only play two degrees of Kevin Bacon, instead of the previously allowed three degrees, with the contacts of anyone targeted under Section 215. The report doesn’t explain what would prevent the NSA (or other agency using the 215 databases) from getting around this limit by redesignating a phone number found in the first or second hop as a new “target,” thereby allowing the agency to continue the contact chain.
  • National security letters (NSLs). The report also states that the FBI’s gag orders related to NSLs expire three years after the opening of a full-blown investigation or three years after an investigation’s close, whichever is earlier. However, these expiration dates can be easily overridden by by an FBI Special Agent in Charge or a Deputy Assistant FBI Director who finds that the statutory standards for secrecy about the NSL continue to be satisfied (which at least one court has said isn’t a very high bar). This exception also doesn’t address concerns that NSL gag orders lack adequate due process protections, lack basic judicial oversight, and may violate the First Amendment.
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  • The report also details the ODNI’s and IC’s plans for the future, including: (1) Working with Congress to reauthorize bulk collection under Section 215. (2) Updating agency guidelines under Executive Order 12333 “to protect the privacy and civil liberties of U.S. persons.” (3) Producing another annual report in January 2016 on the IC’s progress in implementing signals intelligence reforms. These plans raise more questions than they answer. Given the considerable doubts about Section 215’s effectiveness, why is the ODNI pushing for its reauthorization? And what will the ODNI consider appropriate privacy protections under Executive Order 12333?
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