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A U.S. appeals court ruled on Friday that Google's massive effort to scan millions of books for an online library does not violate copyright law, rejecting claims from a group of authors that the project illegally deprives them of revenue.The 2nd U.S. Circuit Court of Appeals in New York rejected infringement claims from the Authors Guild and several individual writers, and found that the project provides a public service without violating intellectual property law.

Google argued that the effort would actually boost book sales by making it easier for readers to find works, while introducing them to books they might not otherwise have seen.A lawyer for the authors did not immediately respond to a request for comment.Google had said it could face billions of dollars in potential damages if the authors prevailed. Circuit Judge Denny Chin, who oversaw the case at the lower court level, dismissed the litigation in 2013, prompting the authors' appeal.Chin found Google's scanning of tens of millions of books and posting "snippets" online constituted "fair use" under U.S. copyright law.A unanimous three-judge appeals panel said the case "tests the boundaries of fair use," but found Google's practices were ultimately allowed under the law. "Google’s division of the page into tiny snippets is designed to show the searcher just enough context surrounding the searched term to help her evaluate whether the book falls within the scope of her interest (without revealing so much as to threaten the author’s copyright interests)," Circuit Judge Pierre Leval wrote for the court.

The 2nd Circuit had previously rejected a similar lawsuit from the Authors Guild in June 2014 against a consortium of universities and research libraries that built a searchable online database of millions of scanned works.The case is Authors Guild v. Google Inc, 2nd U.S. Circuit Court of Appeals, No. 13-4829.

On Monday, a hacking group calling itself the “ShadowBrokers” announced an auction for what it claimed were “cyber weapons” made by the NSA. Based on never-before-published documents provided by the whistleblower Edward Snowden, The Intercept can confirm that the arsenal contains authentic NSA software, part of a powerful constellation of tools used to covertly infect computers worldwide. The provenance of the code has been a matter of heated debate this week among cybersecurity experts, and while it remains unclear how the software leaked, one thing is now beyond speculation: The malware is covered with the NSA’s virtual fingerprints and clearly originates from the agency. The evidence that ties the ShadowBrokers dump to the NSA comes in an agency manual for implanting malware, classified top secret, provided by Snowden, and not previously available to the public. The draft manual instructs NSA operators to track their use of one malware program using a specific 16-character string, “ace02468bdf13579.” That exact same string appears throughout the ShadowBrokers leak in code associated with the same program, SECONDDATE.

Prominent activists, lawmakers, artists, academics, and other leading voices in civil society, including Sen. Bernie Sanders (I-Vt.), are joining the campaign to get a pardon for National Security Agency (NSA) whistleblower Edward Snowden. “The information disclosed by Edward Snowden has allowed Congress and the American people to understand the degree to which the NSA has abused its authority and violated our constitutional rights,” Sanders wrote for the Guardian on Wednesday. “Now we must learn from the troubling revelations Mr. Snowden brought to light. Our intelligence and law enforcement agencies must be given the tools they need to protect us, but that can be done in a way that does not sacrifice our rights.” Pentagon Papers whistleblower Daniel Ellsberg, who co-founded the public interest journalism advocacy group Freedom of the Press Foundation, where Snowden is a board member, also wrote, “Ed Snowden should be freed of the legal burden hanging over him. They should remove the indictment, pardon him if that’s the way to do it, so that he is no longer facing prison.” Snowden faces charges under the Espionage Act after he released classified NSA files to media outlets in 2013 exposing the U.S. government’s global mass surveillance operations. He fled to Hong Kong, then Russia, where he has been living under political asylum for the past three years.

The Pardon Snowden campaign, supported by the American Civil Liberties Union (ACLU), Amnesty International, and Human Rights Watch (HRW), urgespeople around the world to write to Obama throughout his last four months in the White House.

This week the Center for Media Justice, ColorOfChange.org, and New America’s Open Technology Institute filed a complaint with the Federal Communications Commission alleging the Baltimore police are violating the federal Communications Act by using cell site simulators, also known as Stingrays, that disrupt cellphone calls and interfere with the cellular network—and are doing so in a way that has a disproportionate impact on communities of color. Stingrays operate by mimicking a cell tower and directing all cellphones in a given area to route communications through the Stingray instead of the nearby tower. They are especially pernicious surveillance tools because they collect information on every single phone in a given area—not just the suspect’s phone—this means they allow the police to conduct indiscriminate, dragnet searches. They are also able to locate people inside traditionally-protected private spaces like homes, doctors’ offices, or places of worship. Stingrays can also be configured to capture the content of communications. Because Stingrays operate on the same spectrum as cellular networks but are not actually transmitting communications the way a cell tower would, they interfere with cell phone communications within as much as a 500 meter radius of the device (Baltimore’s devices may be limited to 200 meters). This means that any important phone call placed or text message sent within that radius may not get through. As the complaint notes, “[d]epending on the nature of an emergency, it may be urgently necessary for a caller to reach, for example, a parent or child, doctor, psychiatrist, school, hospital, poison control center, or suicide prevention hotline.” But these and even 911 calls could be blocked.

The Baltimore Police Department could be among the most prolific users of cell site simulator technology in the country. A Baltimore detective testified last year that the BPD used Stingrays 4,300 times between 2007 and 2015. Like other law enforcement agencies, Baltimore has used its devices for major and minor crimes—everything from trying to locate a man who had kidnapped two small children to trying to find another man who took his wife’s cellphone during an argument (and later returned it). According to logs obtained by USA Today, the Baltimore PD also used its Stingrays to locate witnesses, to investigate unarmed robberies, and for mysterious “other” purposes. And like other law enforcement agencies, the Baltimore PD has regularly withheld information about Stingrays from defense attorneys, judges, and the public. Moreover, according to the FCC complaint, the Baltimore PD’s use of Stingrays disproportionately impacts African American communities. Coming on the heels of a scathing Department of Justice report finding “BPD engages in a pattern or practice of conduct that violates the Constitution or federal law,” this may not be surprising, but it still should be shocking. The DOJ’s investigation found that BPD not only regularly makes unconstitutional stops and arrests and uses excessive force within African-American communities but also retaliates against people for constitutionally protected expression, and uses enforcement strategies that produce “severe and unjustified disparities in the rates of stops, searches and arrests of African Americans.”

Adding Stingrays to this mix means that these same communities are subject to more surveillance that chills speech and are less able to make 911 and other emergency calls than communities where the police aren’t regularly using Stingrays. A map included in the FCC complaint shows exactly how this is impacting Baltimore’s African-American communities. It plots hundreds of addresses where USA Today discovered BPD was using Stingrays over a map of Baltimore’s black population based on 2010 Census data included in the DOJ’s recent report:

A coalition of 26 organizations, including the American Civil Liberties Union (ACLU) and Google, signed a letter Monday asking lawmakers to delay a measure that would expand the government’s hacking authority. The letter asks Senate Majority Leader Mitch McConnellMitch McConnellTrump voices confidence on infrastructure plan GOP leaders to Obama: Leave Iran policy to Trump GOP debates going big on tax reform MORE (R-Ky.) and Minority Leader Harry ReidHarry ReidNevada can’t trust Trump to protect public lands Sanders, Warren face tough decision on Trump Google, ACLU call to delay government hacking rule MORE (D-Nev.), plus House Speaker Paul RyanPaul RyanTrump voices confidence on infrastructure plan GOP leaders to Obama: Leave Iran policy to Trump GOP debates going big on tax reform MORE (R-Wis.), and House Minority Leader Nancy Pelosi (D-Calif.) to further review proposed changes to Rule 41 and delay its implementation until July 1, 2017. ADVERTISEMENTThe Department of Justice’s alterations to the rule would allow law enforcement to use a single warrant to hack multiple devices beyond the jurisdiction that the warrant was issued in. The FBI used such a tactic to apprehend users of the child pornography dark website, Playpen. It took control of the dark website for two weeks and after securing two warrants, installed malware on Playpen users computers to acquire their identities. But the signatories of the letter — which include advocacy groups, companies and trade associations — are raising questions about the effects of the change. 

The inexorable slide into a world without Flash continues, with Google revealing plans to phase out support for Adobe's Flash Player in its Chrome browser for all but a handful of websites. And the company expects the changes to roll out by the fourth quarter of 2016. While it says Flash might have "historically" been a good way to present rich media online, Google is now much more partial to HTML5, thanks to faster load times and lower power use. As a result, Flash will still come bundled with Chrome, but "its presence will not be advertised by default." Where the Flash Player is the only option for viewing content on a site, users will need to actively switch it on for individual sites. Enterprise Chrome users will also have the option of switching Flash off altogether. Google will maintain support in the short-term for the top 10 domains using the player, including YouTube, Facebook, Yahoo, Twitch and Amazon. But this "whitelist" is set to be periodically reviewed, with sites removed if they no longer warrant an exception, and the exemption list will expire after a year. A spokesperson for Adobe said it was working with Google in its goal of "an industry-wide transition to Open Web standards," including the adoption of HTML5. "At the same time, given that Flash continues to be used in areas such as education, web gaming and premium video, the responsible thing for Adobe to do is to continue to support Flash with updates and fixes, as we help the industry transition," Adobe said in an emailed statement. "Looking ahead, we encourage content creators to build with new web standards."

Privacy Shield is the proposed new deal between the EU and the US that is supposed to safeguard all personal data on EU citizens held on computer systems in the US from being subject to mass surveillance by the US National Security Agency. The data can refer to any transaction — web purchases, cars or clothing — involving an EU citizen whose data is held on US servers. Privacy groups say Privacy Shield — which replaces the Safe Harbor agreement ruled unlawful in October 2015 — does not meet strict EU standard on the use of personal data. Monique Goyens, Director General of the European Consumer Organization (BEUC) told Sputnik: “We consider that the shield is cracked beyond repair and is unlikely to stand scrutiny by the European Court of Justice. A fundamental problem remains that the US side of the shield is made of clay, not iron.”

The agreement has been under negotiation for months ever since the because the European Court of Justice ruled in October 2015 that the previous EU-US data agreement — Safe Harbor — was invalid. The issue arises from the strict EU laws — enshrined in the Charter of Fundamental Rights of the European Union — to the privacy of their personal data.

The Safe Harbor agreement was a quasi-judicial understanding that the US undertook to agree that it would ensure that EU citizens’ data on US servers would be held and protected under the same restrictions as it would be under EU law and directives. The data covers a huge array of information — from Internet and communications usage, to sales transactions, import and exports.

The EU has accepted a new version of the so-called Private Shield law that would allow US companies to transfer Europeans’ private data to servers across the ocean. The EU struck down the previously-reached agreement over US surveillance concerns.

The majority of EU members voted in support of the Privacy Shield pact with the US that had been designed to replace its predecessor, the Safe Harbor system, which the highest EU court ruled “invalid” in October 2015 following Edward Snowden’s revelations about mass US surveillance.

The newly-adopted agreement will come into force starting Tuesday.The deal, which is said to be aimed at protecting European citizens’ private data, defines the rules of how the sharing of information should be handled. It gives legal ground for tech companies such as Google, Facebook and MasterCard to move Europeans’ personal data to US servers bypassing an EU ban on moving personal information out from the 28-nation bloc. The agreement covers everything from private data about employees to detailed records of what people do online.“For the first time, the US has given the EU written assurance that the access of public authorities for law enforcement and national security will be subject to clear limitations, safeguards and oversight mechanisms and has ruled out indiscriminate mass surveillance of European citizens' data,” the statement said.

The FBI may be allowed to withhold information about how it broke into an iPhone belonging to a gunman in the December San Bernardino shootings, despite a U.S. government policy of disclosing technology security flaws discovered by federal agencies. Under the U.S. vulnerabilities equities process, the government is supposed to err in favor of disclosing security issues so companies can devise fixes to protect data. The policy has exceptions for law enforcement, and there are no hard rules about when and how it must be applied.Apple Inc has said it would like the government to share how it cracked the iPhone security protections. But the Federal Bureau of Investigation, which has been frustrated by its inability to access data on encrypted phones belonging to criminal suspects, might prefer to keep secret the technique it used to gain access to gunman Syed Farook's phone. The referee is likely to be a White House group formed during the Obama administration to review computer security flaws discovered by federal agencies and decide whether they should be disclosed.

Stewart Baker, former general counsel of the NSA and now a lawyer with Steptoe & Johnson, said the review process could be complicated if the cracking method is considered proprietary by the third party that assisted the FBI.Several security researchers have pointed to the Israel-based mobile forensics firm Cellebrite as the likely third party that helped the FBI. That company has repeatedly declined comment.

The movement to encrypt the web has reached a milestone. As of earlier this month, approximately half of Internet traffic is now protected by HTTPS. In other words, we are halfway to a web safer from the eavesdropping, content hijacking, cookie stealing, and censorship that HTTPS can protect against. Mozilla recently reported that the average volume of encrypted web traffic on Firefox now surpasses the average unencrypted volume

Google Chrome’s figures on HTTPS usage are consistent with that finding, showing that over 50% of of all pages loaded are protected by HTTPS across different operating systems.

This milestone is a combination of HTTPS implementation victories: from tech giants and large content providers, from small websites, and from users themselves.

AT&T announced a new scheme today that allows app-makers and websites to pay for the bandwidth you consume using their services — a move digital rights activists say breaches the spirit of net neutrality. The second largest mobile provider is taking advantage of the data caps it imposes on subscribers by letting companies sponsor the bandwidth their wares use. The consumer who enjoys those sponsored services will not have that broadband count against their monthly data allotment. Sponsorship is not mandatory — if a company doesn’t pay AT&T, the bandwidth will count against the user’s cap as always. Online rights groups said the move is anti-competitive and takes advantage of a loophole in Federal Communications Commission rules prohibiting ISPs from favoring one service over the other. For the most part, however, those FCC guidelines adopted in 2010 apply to cable, fiber and DSL internet providers, not wireless ones.

An ambitious project known as Outernet is aiming to launch hundreds of miniature satellites into low Earth orbit by June 2015Each satellite will broadcast the Internet to phones and computers giving billions of people across the globe free online accessCitizens of countries like China and North Korea that have censored online activity could be given free and unrestricted cyberspace'There's really nothing that is technically impossible to this'

You might think you have to pay through the nose at the moment to access the Internet.But one ambitious organisation called the Media Development Investment Fund (MDIF) is planning to turn the age of online computing on its head by giving free web access to every person on Earth.Known as Outernet, MDIF plans to launch hundreds of satellites into orbit by 2015.And they say the project could provide unrestricted Internet access to countries where their web access is censored, including China and North Korea.

Using something known as datacasting technology, which involves sending data over wide radio waves, the New York-based company says they'll be able to broadcast the Internet around the world.The group is hoping to raise tens of millions of dollars in donations to get the project on the road.

On Feb. 25, the House of Representatives passed by a vote of 295-114 under suspension of the rules a bill aimed at creating a statutory right for owners of cellphones to be able to “unlock” their phones so that they can use the same phone with a different service provider.The Unlocking Consumer Choice Act (H.R. 1123), which was introduced in March by Rep. Robert W. Goodlatte (R-Va.), chairman of the House Judiciary Committee, was widely supported by members on both sides of the aisle.However, some representatives expressed objections to the current form of the legislation and even suggested that statutory protection of unlocking was no longer necessary, given that the Federal Communications Commission had in December persuaded the wireless industry to allow unlocking on a voluntary basis (241 PTD, 12/16/13).

On the morning of the day that the vote was to take place, several representatives who had previously supported the bill, issued a letter to their colleagues urging that H.R. 1123 be defeated on the floor of the House. The letter--signed by Reps. Zoe Lofgren (D-Calif.), Anna G. Eshoo (D-Calif.), Thomas H. Massie (R-Ky.), and Jared S. Polis (D-Colo.)--objected to a provision added to the bill after its approval by the full committee in July (148 PTD, 8/1/13).The new provision would exempt from protection “bulk unlocking” of phones. This provision might have something to with concerns expressed by some members of the Judiciary Committee in last year's hearings on the bill that permitting individual consumers to unlock their phones should not extend to businesses who charge consumers to unlock their phones for them.The letter referred to statements by the Electronic Frontier Foundation and Public Knowledge, consumer groups that had both supported the bill in the past, in which they withdrew their support because of the appearance of the new provision.

The EU has been known to make a lot of odd decisions when it comes to tech, such as forcing Microsoft's hand at including a "browser wheel" with its Windows OS, but this latest decision is one I think most people will agree with. One thing that's frustrating about different smartphones is the occasional requirement to use a different charger. More frustrating is actually losing one of these chargers, and being unable to charge your phone even though you might have 8 of another charger readily available.

While this decision would cut down on this happening, the focus is to cut down on waste. On Thursday, the EU's internal market and consumer protection committee voted on forcing smartphone vendors to adopt a standard charger, which common sense would imply means micro USB, given it's already featured on the majority of smartphones out there. The major exception is Apple, which deploys a Lightning connector with its latest iPhones. Apple already offers Lightning to micro USB cables, but again, those are only useful if you happen to own one, making a sudden loss of a charger all-the-more frustrating. While Lightning might offer some slight benefits, Apple implementing a micro USB connector instead would make situations like those a lot easier to deal with (I am sure a lot of us have multiple micro USB cables lying around). Even though this law was a success in the initial voting, the government group must still bring the proposal to the Council which will then lead to another vote being made in the Parliament. If it does end up passing, I have a gut feeling that Apple will modify only its European models to adhere to the law, while its worldwide models will remain with the Lightning connector. Or, Apple might be able to circumvent the law if it offers to include the micro USB cable in the box, essentially shipping the phone with that connector.

The fair use doctrine permits the unauthorized digitization of copyrighted works in order to create a full-text searchable database, the U.S. Court of Appeals for the Second Circuit ruled June 10.Affirming summary judgment in favor of a consortium of university libraries, the court also ruled that the fair use doctrine permits the unauthorized conversion of those works into accessible formats for use by persons with disabilities, such as the blind.

The dispute is connected to the long-running conflict between Google Inc. and various authors of books that Google included in a mass digitization program. In 2004, Google began soliciting the participation of publishers in its Google Print for Publishers service, part of what was then called the Google Print project, aimed at making information available for free over the Internet.Subsequently, Google announced a new project, Google Print for Libraries. In 2005, Google Print was renamed Google Book Search and it is now known simply as Google Books. Under this program, Google made arrangements with several of the world's largest libraries to digitize the entire contents of their collections to create an online full-text searchable database.The announcement of this program triggered a copyright infringement action by the Authors Guild that continues to this day.

Turning to the fair use question, the court first concluded that the full-text search function of the Hathitrust Digital Library was a “quintessentially transformative use,” and thus constituted fair use. The court said:the result of a word search is different in purpose, character, expression, meaning, and message from the page (and the book) from which it is drawn. Indeed, we can discern little or no resemblance between the original text and the results of the HDL full-text search.There is no evidence that the Authors write with the purpose of enabling text searches of their books. Consequently, the full-text search function does not “supersede[ ] the objects [or purposes] of the original creation.”Turning to the fourth fair use factor—whether the use functions as a substitute for the original work—the court rejected the argument that such use represents lost sales to the extent that it prevents the future development of a market for licensing copies of works to be used in full-text searches.However, the court emphasized that the search function “does not serve as a substitute for the books that are being searched.”

A bill introduced Sept. 18 would make clear that consumers actually owned the electronic devices, and any accompanying software on that device, that they purchased, according to sponsor Rep. Blake Farenthold's (R-Texas). The You Own Devices Act (H.R. 5586) would amend the Copyright Act “to provide that the first sale doctrine applies to any computer program that enables a machine or other product to operate.” The bill, which is unlikely to receive attention during Congress's lame-duck legislative session, was well-received by consumer's rights groups.

Section 109(a) of the Copyright Act, 17 U.S.C. §109(a), serves as the foundation for the first sale doctrine. H.R. 5586 would amend Section 109(a) by adding a provision covering “transfer of computer programs.” That provision would state:if a computer program enables any part of a machine or other product to operate, the owner of the machine or other product is entitled to transfer an authorized copy of the computer pro gram, or the right to obtain such copy, when the owner sells, leases, or otherwise transfers the machine or other product to another person. The right to transfer provided under this subsection may not be waived by any agreement.

‘Things' Versus SoftwareFarenthold had expressed concern during a Sept. 17 hearing on Section 1201 of the Digital Millennium Copyright Act over what he perceived was a muddling between patents and copyrights when it comes to consumer products. “Traditionally patent law has protected things and copyright law has protected artistic-type works,” he said. “But now more and more things have software in them and you are licensing that software when you purchase a thing.” Farenthold asked the witnesses if there was a way to draw a distinction in copyright “between software that is an integral part of a thing as opposed to an add-on app that you would put on your telephone.”

On Thursday, the Federal Communications Commission voted 3-2 to open for public debate new rules meant to guarantee an open Internet. Before the plan becomes final, though, the chairman of the commission, Tom Wheeler, will need to convince his colleagues and an array of powerful lobbying groups that the plan follows the principle of net neutrality, the idea that all content running through the Internet’s pipes is treated equally.While the rules are meant to prevent Internet providers from knowingly slowing data, they would allow content providers to pay for a guaranteed fast lane of service. Some opponents of the plan, those considered net neutrality purists, argue that allowing some content to be sent along a fast lane would essentially discriminate against other content.

“We are dedicated to protecting and preserving an open Internet,” Mr. Wheeler said immediately before the commission vote. “What we’re dealing with today is a proposal, not a final rule. We are asking for specific comment on different approaches to accomplish the same goal, an open Internet.”

Mr. Wheeler argued on Thursday that the proposal did not allow a fast lane. But the proposed rules do not address the connection between an Internet service provider, which sells a connection to consumers, and the operators of backbone transport networks that connect various parts of the Internet’s central plumbing.That essentially means that as long as an Internet service provider like Comcast or Verizon does not slow the service that a consumer buys, the provider can give faster service to a company that pays to get its content to consumers unimpeded

Virtually no foreign government is off-limits for the National Security Agency, which has been authorized to intercept information “concerning” all but four countries, according to top-secret documents. The United States has long had broad no-spying arrangements with those four countries — Britain, Canada, Australia and New Zealand — in a group known collectively with the United States as the Five Eyes. But a classified 2010 legal certification and other documents indicate the NSA has been given a far more elastic authority than previously known, one that allows it to intercept through U.S. companies not just the communications of its overseas targets but any communications about its targets as well.

The certification — approved by the Foreign Intelligence Surveillance Court and included among a set of documents leaked by former NSA contractor Edward Snowden — lists 193 countries that would be of valid interest for U.S. intelligence. The certification also permitted the agency to gather intelligence about entities including the World Bank, the International Monetary Fund, the European Union and the International Atomic Energy Agency. The NSA is not necessarily targeting all the countries or organizations identified in the certification, the affidavits and an accompanying exhibit; it has only been given authority to do so. Still, the privacy implications are far-reaching, civil liberties advocates say, because of the wide spectrum of people who might be engaged in communication about foreign governments and entities and whose communications might be of interest to the United States.

That language could allow for surveillance of academics, journalists and human rights researchers. A Swiss academic who has information on the German government’s position in the run-up to an international trade negotiation, for instance, could be targeted if the government has determined there is a foreign-intelligence need for that information. If a U.S. college professor e-mails the Swiss professor’s e-mail address or phone number to a colleague, the American’s e-mail could be collected as well, under the program’s court-approved rules