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Paul Merrell

'Manhunting Timeline' Further Suggests US Pressured Countries to Prosecute WikiLeaks Ed... - 0 views

  • An entry in something the government calls a “Manhunting Timeline” suggests that the United States pressured officials of countries around the world to prosecute WikiLeaks editor-in-chief, Julian Assange, in 2010. The file—marked unclassified, revealed by National Security Agency whistleblower Edward Snowden and published by The Intercept—is dated August 2010. Under the headline, “United States, Australia, Great Britain, Germany, Iceland” – it states: The United States on 10 August urged other nations with forces in Afghanistan, including Australia, United Kingdom and Germany, to consider filing criminal charges against Julian Assange, founder of the rogue WikiLeaks Internet website and responsible for the unauthorized publication of over 70,000 classified documents covering the war in Afghanistan. The documents may have been provided to WikiLeaks by Army Private First Class Bradley Manning. The appeal exemplifies the start of an international effort to focus the legal element of national power upon non-state actor Assange and the human network that supports WikiLeaks. Another document—a top-secret page from an internal wiki—indicates there has been discussion in the NSA with the Threat Operations Center Oversight and Compliance (NOC) and Office of General Counsel (OGC) on the legality of designating WikiLeaks a “malicious foreign actor” and whether this would make it permissible to conduct surveillance on Americans accessing the website. “Can we treat a foreign server who stores or potentially disseminates leaked or stolen data on its server as a ‘malicious foreign actor’ for the purpose of targeting with no defeats?” Examples: WikiLeaks, thepiratebay.org). The NOC/OGC answered, “Let me get back to you.” (The page does not indicate if anyone ever got back to the NSA. And “defeats” essentially means protections.)
  • GCHQ, the NSA’s counterpart in the UK, had a program called “ANTICRISIS GIRL,” which could engage in “targeted website monitoring.” This means data of hundreds of users accessing a website, like WikiLeaks, could be collected. The IP addresses of readers and supporters could be monitored. The agency could even target the publisher if it had a public dropbox or submission system. NSA and GCHQ could also target the foreign “branches” of the hacktivist group, Anonymous. An answer to another question from the wiki entry involves the question, “Is it okay to query against a foreign server known to be malicious even if there is a possibility that US persons could be using it as well? Example: thepiratebay.org.” The NOC/OGC responded, “Okay to go after foreign servers which US people use also (with no defeats). But try to minimize to ‘post’ only for example to filter out non-pertinent information.” WikiLeaks is not an example in this question, however, if it was designated as a “malicious foreign actor,” then the NSA would do queries of American users.
  • Michael Ratner, a lawyer from the Center for Constitutional Rights (CCR) who represents WikiLeaks, said on “Democracy Now!”, this shows he has every reason to fear what would happen if he set foot outside of the embassy. The files show some of the extent to which the US and UK have tried to destroy WikiLeaks. CCR added in a statement, “These NSA documents should make people understand why Julian Assange was granted diplomatic asylum, why he must be given safe passage to Ecuador, and why he must keep himself out of the hands of the United States and apparently other countries as well. These revelations only corroborate the expectation that Julian Assange is on a US target list for prosecution under the archaic “Espionage Act,” for what is nothing more than publishing evidence of government misconduct.” “These documents demonstrate that the political persecution of WikiLeaks is very much alive,”Baltasar Garzón, the Spanish former judge who now represents the group, told The Intercept. “The paradox is that Julian Assange and the WikiLeaks organization are being treated as a threat instead of what they are: a journalist and a media organization that are exercising their fundamental right to receive and impart information in its original form, free from omission and censorship, free from partisan interests, free from economic or political pressure.”
Paul Merrell

European Court of Justice rules against mass data retention in EU | News | DW.COM | 21.... - 0 views

  • The ECJ has ruled that governments cannot force telecom firms to keep all customer data. The ruling, which says the laws violate basic privacy rights, comes as governments call for greater powers for spy agencies.
  • The Court of Justice of the European Union (ECJ) ruled on Wednesday that laws allowing for the blanket collection and retention of location and traffic data are in breach of EU law. In their decision, the justices wrote that storing such data, which includes text message senders and recipients and call histories, allows for "very precise conclusions to be drawn concerning the private lives of the persons whose data has been retained." "Such national legislation exceeds the limits of what is strictly necessary and cannot be considered to be justified within a democratic society," the Luxembourg-based court said. EU member states seeking to fight a "serious crime" are allowed to retain data in a targeted manner but must be subject to prior review by a court or independent body, the EU's top court said. Exceptions can be made in urgent cases. The decision came amidst growing calls from EU governments for security agencies to be given greater powers with the goal of preventing or investigating attacks. Privacy advocates, on the other hand, said mass data retention is ineffective in combating such crimes.
  • The court's decision was a response to challenges against data retention laws in Britain and Sweden on the ground that they were no longer valid after the court previously struck down an EU-wide data retention law in 2014. In Sweden, the law requires telecommunications companies to retain all their customers' traffic and location data, without exception, the ECJ said. British law allows authorities to ask firms to keep all communication data for a maximum 12-month period. In the UK, politicians filed a legal challenge against a surveillance law which passed in 2014, part of which was suspended by a British court. British lawmakers then passed the Investigatory Powers Act - the so-called "snooper's charter." A German data retention law, which came into effect at the end of 2015, requires telecommunications companies to store telephone and internet use for 10 weeks, after which point the data must be deleted. The German law also stipulates a shorter storage time of four weeks for location data which results from mobile phone calls. It remains to be seen what effect the ECJ ruling will have on Germany's blanket data retention measures.
Paul Merrell

WhatsApp Encryption Said to Stymie Wiretap Order - The New York Times - 0 views

  • While the Justice Department wages a public fight with Apple over access to a locked iPhone, government officials are privately debating how to resolve a prolonged standoff with another technology company, WhatsApp, over access to its popular instant messaging application, officials and others involved in the case said. No decision has been made, but a court fight with WhatsApp, the world’s largest mobile messaging service, would open a new front in the Obama administration’s dispute with Silicon Valley over encryption, security and privacy.WhatsApp, which is owned by Facebook, allows customers to send messages and make phone calls over the Internet. In the last year, the company has been adding encryption to those conversations, making it impossible for the Justice Department to read or eavesdrop, even with a judge’s wiretap order.
  • As recently as this past week, officials said, the Justice Department was discussing how to proceed in a continuing criminal investigation in which a federal judge had approved a wiretap, but investigators were stymied by WhatsApp’s encryption.The Justice Department and WhatsApp declined to comment. The government officials and others who discussed the dispute did so on condition of anonymity because the wiretap order and all the information associated with it were under seal. The nature of the case was not clear, except that officials said it was not a terrorism investigation. The location of the investigation was also unclear.
  • To understand the battle lines, consider this imperfect analogy from the predigital world: If the Apple dispute is akin to whether the F.B.I. can unlock your front door and search your house, the issue with WhatsApp is whether it can listen to your phone calls. In the era of encryption, neither question has a clear answer.Some investigators view the WhatsApp issue as even more significant than the one over locked phones because it goes to the heart of the future of wiretapping. They say the Justice Department should ask a judge to force WhatsApp to help the government get information that has been encrypted. Others are reluctant to escalate the dispute, particularly with senators saying they will soon introduce legislation to help the government get data in a format it can read.
Paul Merrell

Tiny USB Stick Brings Android to PCs, TVs | Gadget Lab | Wired.com - 1 views

  • Google has made no secret about its plans for Android. Smartphones and tablets are just the beginning — the company wants Android everywhere. And thanks to FXI Technologies’ Cotton Candy USB device, we may not have to wait long to see Android on more than just our mobile devices. FXI essentially built an ultra-lean computer inside a small USB stick. Stick it into any device that supports USB storage, and Cotton Candy will register as a USB drive. From there, you can run the Android OS in a secure environment inside your desktop, courtesy of a Windows/OSX/Linux-compatible virtualization client embedded in the device. Stick Cotton Candy into a computer, and Android will appear in a virtualized window on your desktop. But get this: The USB key also features an HDMI connector. This way, you can connect the stick to your TV and use Android on the big screen (though you’ll need some kind of secondary input device, like a Bluetooth mouse/keyboard combo, to get anything done.)
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    Vaporware, but interesting. More info on the developers' website at .  Basic idea is a computer on a stick that can be plugged into either other computers or into an HDMI flatscreen TV. In the latter scenario, Bluetooth connectivity for keyboard/mouse combo, provided by e.g., a smartphone. The USB connection is v. 2.0, but I'll guess that USB 3.0 would soon be an option in newer models.  According to the specs it can run either Android or Ubunutu. If you check the developer's website, they definitely have their eyes on the growth in the numbers of HDMI-equipped TVs. Note that if delivered as described, this breaks boundaries of mobile devices, tending toward a convergence of TV monitors and mobile devices in an unexpected way. 
Paul Merrell

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

  • 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

CISPA is back! - 0 views

  • OPERATION: Fax Big Brother Congress is rushing toward a vote on CISA, the worst spying bill yet. CISA would grant sweeping legal immunity to giant companies like Facebook and Google, allowing them to do almost anything they want with your data. In exchange, they'll share even more of your personal information with the government, all in the name of "cybersecurity." CISA won't stop hackers — Congress is stuck in 1984 and doesn't understand modern technology. So this week we're sending them thousands of faxes — technology that is hopefully old enough for them to understand. Stop CISA. Send a fax now!
  • (Any tweet w/ #faxbigbrother will get faxed too!) Your email is only shown in your fax to Congress. We won't add you to any mailing lists.
  • CISA: the dirty deal between government and corporate giants. It's the dirty deal that lets much of government from the NSA to local police get your private data from your favorite websites and lets them use it without due process. The government is proposing a massive bribe—they will give corporations immunity for breaking virtually any law if they do so while providing the NSA, DHS, DEA, and local police surveillance access to everyone's data in exchange for getting away with crimes, like fraud, money laundering, or illegal wiretapping. Specifically it incentivizes companies to automatically and simultaneously transfer your data to the DHS, NSA, FBI, and local police with all of your personally-indentifying information by giving companies legal immunity (notwithstanding any law), and on top of that, you can't use the Freedom of Information Act to find out what has been shared.
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  • The NSA and members of Congress want to pass a "cybersecurity" bill so badly, they’re using the recent hack of the Office of Personnel Management as justification for bringing CISA back up and rushing it through. In reality, the OPM hack just shows that the government has not been a good steward of sensitive data and they need to institute real security measures to fix their problems. The truth is that CISA could not have prevented the OPM hack, and no Senator could explain how it could have. Congress and the NSA are using irrational hysteria to turn the Internet into a place where the government has overly broad, unchecked powers. Why Faxes? Since 2012, online and civil liberties groups and 30,000+ sites have driven more than 2.6 million emails and hundreds of thousands of calls, tweets and more to Congress opposing overly broad cybersecurity legislation. Congress has tried to pass CISA in one form or another 4 times, and they were beat back every time by people like you. It's clear Congress is completely out of touch with modern technology, so this week, as Congress rushes toward a vote on CISA, we are going to send them thousands of faxes, a technology from the 1980s that is hopefully antiquated enough for them to understand. Sending a fax is super easy — you can use this page to send a fax. Any tweet with the hashtag #faxbigbrother will get turned into a fax to Congress too, so what are you waiting for? Click here to send a fax now!
Paul Merrell

XKeyscore Exposé Reaffirms the Need to Rid the Web of Tracking Cookies | Elec... - 0 views

  • The Intercept published an expose on the NSA's XKeyscore program. Along with information on the breadth and scale of the NSA's metadata collection, The Intercept revealed how the NSA relies on unencrypted cookie data to identify users. As The Intercept says: "The NSA’s ability to piggyback off of private companies’ tracking of their own users is a vital instrument that allows the agency to trace the data it collects to individual users. It makes no difference if visitors switch to public Wi-Fi networks or connect to VPNs to change their IP addresses: the tracking cookie will follow them around as long as they are using the same web browser and fail to clear their cookies." The NSA slides released by The Intercept give detailed guides to understanding the data transmitted by these cookies, as well as how to find unique machine identifiers that analysts can use to differentiate between multiple machines using the same IP address. We've written before about how spy agencies piggyback on social media account data to find Internet users' names or other identifying info, and these slides drive home the point that HTTP cookies leave users vulnerable to government surveillance, since any intermediary (or spy agency) can read the sensitive data they contain.
  • Worse yet, most of the time these identifying cookies come from third-party sources on webpages, and users have no meaningful way to opt out of receiving them (short of blocking all third party cookies) since advertisers (the main server of these types of cookies) refuse to honor the Do Not Track header.  Browser makers could help address this sort of non-consensual tracking by both advertisers and the NSA with some simple technical changes—changes that have been shown to reduce the number of third party cookies received by 67%. So far, though, they've been unwilling to build privacy protecting features in by default. Until they do, the best way for users to protect themselves is by installing a privacy protecting app like Privacy Badger, which is designed to block these types of uniquely identifying tracking cookies, or HTTPS Everywhere to block the transmission of HTTP cookies.
Paul Merrell

WikiLeaks' Julian Assange warns: Google is not what it seems - 0 views

  • Back in 2011, Julian Assange met up with Eric Schmidt for an interview that he considers the best he’s ever given. That doesn’t change, however, the opinion he now has about Schmidt and the company he represents, Google.In fact, the WikiLeaks leader doesn’t believe in the famous “Don’t Be Evil” mantra that Google has been preaching for years.Assange thinks both Schmidt and Google are at the exact opposite spectrum.“Nobody wants to acknowledge that Google has grown big and bad. But it has. Schmidt’s tenure as CEO saw Google integrate with the shadiest of US power structures as it expanded into a geographically invasive megacorporation. But Google has always been comfortable with this proximity,” Assange writes in an opinion piece for Newsweek.
  • “Long before company founders Larry Page and Sergey Brin hired Schmidt in 2001, their initial research upon which Google was based had been partly funded by the Defense Advanced Research Projects Agency (DARPA). And even as Schmidt’s Google developed an image as the overly friendly giant of global tech, it was building a close relationship with the intelligence community,” Assange continues.Throughout the lengthy article, Assange goes on to explain how the 2011 meeting came to be and talks about the people the Google executive chairman brought along - Lisa Shields, then vice president of the Council on Foreign Relationship, Jared Cohen, who would later become the director of Google Ideas, and Scott Malcomson, the book’s editor, who would later become the speechwriter and principal advisor to Susan Rice.“At this point, the delegation was one part Google, three parts US foreign-policy establishment, but I was still none the wiser.” Assange goes on to explain the work Cohen was doing for the government prior to his appointment at Google and just how Schmidt himself plays a bigger role than previously thought.In fact, he says that his original image of Schmidt, as a politically unambitious Silicon Valley engineer, “a relic of the good old days of computer science graduate culture on the West Coast,” was wrong.
  • However, Assange concedes that that is not the sort of person who attends Bilderberg conferences, who regularly visits the White House, and who delivers speeches at the Davos Economic Forum.He claims that Schmidt’s emergence as Google’s “foreign minister” did not come out of nowhere, but it was “presaged by years of assimilation within US establishment networks of reputation and influence.” Assange makes further accusations that, well before Prism had even been dreamed of, the NSA was already systematically violating the Foreign Intelligence Surveillance Act under its director at the time, Michael Hayden. He states, however, that during the same period, namely around 2003, Google was accepting NSA money to provide the agency with search tools for its rapidly-growing database of information.Assange continues by saying that in 2008, Google helped launch the NGA spy satellite, the GeoEye-1, into space and that the search giant shares the photographs from the satellite with the US military and intelligence communities. Later on, 2010, after the Chinese government was accused of hacking Google, the company entered into a “formal information-sharing” relationship with the NSA, which would allow the NSA’s experts to evaluate the vulnerabilities in Google’s hardware and software.
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  • “Around the same time, Google was becoming involved in a program known as the “Enduring Security Framework” (ESF), which entailed the sharing of information between Silicon Valley tech companies and Pentagon-affiliated agencies at network speed.’’Emails obtained in 2014 under Freedom of Information requests show Schmidt and his fellow Googler Sergey Brin corresponding on first-name terms with NSA chief General Keith Alexander about ESF,” Assange writes.Assange seems to have a lot of backing to his statements, providing links left and right, which people can go check on their own.
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    The "opinion piece for Newsweek" is an excerpt from Assange's new book, When Google met Wikileaks.  The chapter is well worth the read. http://www.newsweek.com/assange-google-not-what-it-seems-279447
Gary Edwards

HTML5 Will Transform Mobile Business Intelligence and CRM - 0 views

  • "HTML5 is a big push forward, especially considering how it handles different media as well as cross-device portability," said Tiemo Winterkamp, senior vice president of global marketing at business intelligence (BI) vendor arcplan
  • one big benefit of HTML5 is that browsers will be able to integrate additional content like multimedia, mail and RIA with enhanced rendering capabilities. And plans have been made to allow future HTML5 browsers to securely access sensor and touch information, which makes HTML5 a viable alternative to native application development for such functions.
    • Gary Edwards
       
      The browser becomes the compound document container, but HTML5 is clearly the document format.  Any application or Office Suite capable of creating HTML5 documents, or connecting, linking and embedding information and application services in another apps HTML5 document would be cloud productivity platform ready.  Similar to a local Windows workgroup, the database and transaction processing servers can be in the cloud, connecting to browser based apps and interfaces where the essence of the new compound document is created or interactively expressed.  Kind of cool having GPS built into the information stream instead of having to type in a zip code, and refreshing a legacy compound document or compound chart.
  • With HTML5, nearly every piece of internet content we can envision today will be able to be coded in HTML, Javascript and Cascading Style Sheets (CSS), and therefore automatically portable to all environments and browsers supporting HTML5.
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  • "This approach is very attractive for BI vendors who aim to provide business critical information anywhere, anytime and on any device," said Winterkamp. "The result is an attractive, multi-functional user interface with as little design and deployment effort as possible. And more importantly, you only need to develop these apps once for all devices."
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    Good article on the increasing use of HTML5 for business apps.  The focus is on mobile devices, even though HTML5 clearly targets anything capable of running a WebKit class browser.  The article also demonstrates, albeit unwittingly, the use of HTML5 as a cloud platform "Compound Document" model.  Something far more important than the comparatively limited focus of BI and CRM mobility apps.   A Cloud Producitvity Platform will replace the legacy Desktop Productivity Platform anchored on Microsoft's Windows-MSOffice workgroup networking.  Just as Compound Documents were the fuel of desktop productivity apps and services, a new breed of compound documents will fuel cloud productivity based workgroups.  The article even demonstrates the basics of embedding charts, interactive feeds, media  and database streams in HTML5 document interfaces.  Still missing real time messaging between apps, but clearly the HTML5 cloud compound document model has arrived. excerpt: HTML5 will lead to richer mobile BI and CRM apps that can be used across browsers and devices. HTML has evolved considerably since it was first mapped out by Tim Berners-Lee more than 20 years ago. Now we're up to HTML 5.0, which could have a significant effect on the business intelligence and CRM landscape.
Paul Merrell

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

  • 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.
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  • 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."
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    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

U.S. Says It Spied on 89,000 Targets Last Year, But the Number Is Deceptive | Threat Le... - 0 views

  • About 89,000 foreigners or organizations were targeted for spying under a U.S. surveillance order last year, according to a new transparency report. The report was released for the first time Friday by the Office of the Director of Intelligence, upon order of the president, in the wake of surveillance leaks by NSA whistleblower Edward Snowden. But the report, which covers only surveillance orders issued in 2013, doesn’t tell the whole story about how many individuals the spying targeted or how many Americans were caught in the surveillance that targeted foreigners. Civil liberties groups say the real number is likely “orders of magnitude” larger than this. “Even if it was an honest definition of ‘target’—that is, an individual instead of a group—that also is not encompassing those who are ancillary to a target and are caught up in the dragnet,” says Kurt Opsahl, deputy general counsel of the Electronic Frontier Foundation.
  • The report, remarkably, shows that the government obtained just one order last year under Section 702 of FISA—which allows for bulk collection of data on foreigners—and that this one order covered 89,138 targets. But, as the report notes, “target” can refer to “an individual person, a group, an organization composed of multiple individuals or a foreign power that possesses or is likely to communicate foreign intelligence information.” Furthermore, Section 702 orders are actually certificates issued by the FISA Court that can cover surveillance of an entire facility. And since, as the government points out in its report, the government cannot know how many people use a facility, the figure only “reflects an estimate of the number of known users of particular facilities (sometimes referred to as selectors) subject to intelligence collection under those Certifications,” the report notes.
  • “If you’re actually trying to get a sense of the number of human beings affected or the number of Americans affected, the number of people affected is vastly, vastly larger,” says Julian Sanchez, senior fellow at the Cato Institute. “And how many of those are Americans is impossible to say. But [although] you may not think you are routinely communicating with foreign persons, [this] is not any kind of assurance that your communications are not part of the traffic subject to interception.” Sanchez points out that each individual targeted is likely communicating with dozens or hundred of others, whose communications will be picked up in the surveillance. “And probably a lot of these targets are not individuals but entire web sites or companies. While [a company like the Chinese firm] Huawei might be a target, thousands of emails used by thousands of employees will be swept up.” How many of those employees might be American or communicating with Americans is unknown.
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  • Also revealed in today’s report is the number of times the government has queried the controversial phone records database it created by collecting the phone records of every subscriber from U.S. providers. According to the report, the government used 423 “selectors” to search its massive phone records database, which includes records going back to at least 2006 when the program began. A search involves querying a specific phone number or device ID that appears in the database. The government has long maintained that its collection of phone records isn’t a violation of its authority, since it only views the records of specific individuals targeted in an investigation. But such searches, even if targeted at phone numbers used by foreigners, would include calls made to and from Americans as well as calls exchanged with people two or three hops out from the targeted number.
  • In its report, the government indicated that the 423 selectors involved just 248 “known or presumed” Americans whose information was collected by the agency in the database. But Opsahl says that both of these numbers are deceptive given what we know about the database and how it’s been used. “We know it’s affecting millions of people,” he points out. But “then we have estimated numbers of affected people [that are just] in the three digits. That requires some effort [on the government's part] to find a way to do the definition of the number [in such a way] to make it as small as possible.”
  • One additional figure today’s report covers is the number of National Security Letters the government issued last year to businesses to obtain data on accountholders and users—19,212. NSLs are written demands from the FBI that compel internet service providers, credit companies, financial institutions and others to hand over confidential records about their customers, such as subscriber information, phone numbers and e-mail addresses, websites visited, and more. These letters are a powerful tool because they do not require court approval, and they come with a built-in gag order, preventing recipients from disclosing to anyone that they have received an NSL. An FBI agent looking into a possible anti-terrorism case can self-issue an NSL to a credit bureau, ISP, or phone company with only the sign-off of the Special Agent in Charge of their office. The FBI has merely to assert that the information is “relevant” to an investigation into international terrorism or clandestine intelligence activities.
  • The FBI has issued hundreds of thousands of NSLs over the years and has been reprimanded for abusing them. Last year a federal judge ruled that the use of NSLs is unconstitutional, due to the gag order that accompanies them, and ordered the government to stop using them. Her ruling, however, was stayed pending the government’s appeal.
  • According to the government’s report today, the 19,000 NSLs issued last year involved more than 38,000 requests for information.
Paul Merrell

Beware the Dangers of Congress' Latest Cybersecurity Bill | American Civil Liberties Union - 0 views

  • A new cybersecurity bill poses serious threats to our privacy, gives the government extraordinary powers to silence potential whistleblowers, and exempts these dangerous new powers from transparency laws. The Cybersecurity Information Sharing Act of 2014 ("CISA") was scheduled to be marked up by the Senate Intelligence Committee yesterday but has been delayed until after next week's congressional recess. The response to the proposed legislation from the privacy, civil liberties, tech, and open government communities was quick and unequivocal – this bill must not go through. The bill would create a massive loophole in our existing privacy laws by allowing the government to ask companies for "voluntary" cooperation in sharing information, including the content of our communications, for cybersecurity purposes. But the definition they are using for the so-called "cybersecurity information" is so broad it could sweep up huge amounts of innocent Americans' personal data. The Fourth Amendment protects Americans' personal data and communications from undue government access and monitoring without suspicion of criminal activity. The point of a warrant is to guard that protection. CISA would circumvent the warrant requirement by allowing the government to approach companies directly to collect personal information, including telephonic or internet communications, based on the new broadly drawn definition of "cybersecurity information."
  • While we hope many companies would jealously guard their customers' information, there is a provision in the bill that would excuse sharers from any liability if they act in "good faith" that the sharing was lawful. Collected information could then be used in criminal proceedings, creating a dangerous end-run around laws like the Electronic Communications Privacy Act, which contain warrant requirements. In addition to the threats to every American's privacy, the bill clearly targets potential government whistleblowers. Instead of limiting the use of data collection to protect against actual cybersecurity threats, the bill allows the government to use the data in the investigation and prosecution of people for economic espionage and trade secret violations, and under various provisions of the Espionage Act. It's clear that the law is an attempt to give the government more power to crack down on whistleblowers, or "insider threats," in popular bureaucratic parlance. The Obama Administration has brought more "leaks" prosecutions against government whistleblowers and members of the press than all previous administrations combined. If misused by this or future administrations, CISA could eliminate due process protections for such investigations, which already favor the prosecution.
  • While actively stripping Americans' privacy protections, the bill also cloaks "cybersecurity"-sharing in secrecy by exempting it from critical government transparency protections. It unnecessarily and dangerously provides exemptions from state and local sunshine laws as well as the federal Freedom of Information Act. These are both powerful tools that allow citizens to check government activities and guard against abuse. Edward Snowden's revelations from the past year, of invasive spying programs like PRSIM and Stellar Wind, have left Americans shocked and demanding more transparency by government agencies. CISA, however, flies in the face of what the public clearly wants. (Two coalition letters, here and here, sent to key members of the Senate yesterday detail the concerns of a broad coalition of organizations, including the ACLU.)
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    Text of the bill is on Sen. Diane Feinstein's site, http://goo.gl/2cdsSA It is truly a bummer.
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

Invasion of the Data Snatchers | American Civil Liberties Union - 0 views

  • Invasion of the Data Snatchers Data snatchers?? They are NOT science fiction. And they’re closer than you think. New technologies are making it easier for private companies and the government to learn about everything we do - in our homes, in our cars, in stores, and within our communities. As they collect vast amounts of data about us, things are getting truly spooky! Our video might make you laugh, but a future without any privacy is just scary. Isn't it time we regained control over our personal information?
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    This 3-minute video does an excellent job of explaining the surveillance dangers from both government and private actors of the emerging Internet of Things if corrective and preventive legislation is not adopted.
Paul Merrell

Microsoft to host data in Germany to evade US spying | Naked Security - 0 views

  • Microsoft's new plan to keep the US government's hands off its customers' data: Germany will be a safe harbor in the digital privacy storm. Microsoft on Wednesday announced that beginning in the second half of 2016, it will give foreign customers the option of keeping data in new European facilities that, at least in theory, should shield customers from US government surveillance. It will cost more, according to the Financial Times, though pricing details weren't forthcoming. Microsoft Cloud - including Azure, Office 365 and Dynamics CRM Online - will be hosted from new datacenters in the German regions of Magdeburg and Frankfurt am Main. Access to data will be controlled by what the company called a German data trustee: T-Systems, a subsidiary of the independent German company Deutsche Telekom. Without the permission of Deutsche Telekom or customers, Microsoft won't be able to get its hands on the data. If it does get permission, the trustee will still control and oversee Microsoft's access.
  • Microsoft CEO Satya Nadella dropped the word "trust" into the company's statement: Microsoft’s mission is to empower every person and every individual on the planet to achieve more. Our new datacenter regions in Germany, operated in partnership with Deutsche Telekom, will not only spur local innovation and growth, but offer customers choice and trust in how their data is handled and where it is stored.
  • On Tuesday, at the Future Decoded conference in London, Nadella also announced that Microsoft would, for the first time, be opening two UK datacenters next year. The company's also expanding its existing operations in Ireland and the Netherlands. Officially, none of this has anything to do with the long-drawn-out squabbling over the transatlantic Safe Harbor agreement, which the EU's highest court struck down last month, calling the agreement "invalid" because it didn't protect data from US surveillance. No, Nadella said, the new datacenters and expansions are all about giving local businesses and organizations "transformative technology they need to seize new global growth." But as Diginomica reports, Microsoft EVP of Cloud and Enterprise Scott Guthrie followed up his boss’s comments by saying that yes, the driver behind the new datacenters is to let customers keep data close: We can guarantee customers that their data will always stay in the UK. Being able to very concretely tell that story is something that I think will accelerate cloud adoption further in the UK.
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  • Microsoft and T-Systems' lawyers may well think that storing customer data in a German trustee data center will protect it from the reach of US law, but for all we know, that could be wishful thinking. Forrester cloud computing analyst Paul Miller: To be sure, we must wait for the first legal challenge. And the appeal. And the counter-appeal. As with all new legal approaches, we don’t know it is watertight until it is challenged in court. Microsoft and T-Systems’ lawyers are very good and say it's watertight. But we can be sure opposition lawyers will look for all the holes. By keeping data offshore - particularly in Germany, which has strong data privacy laws - Microsoft could avoid the situation it's now facing with the US demanding access to customer emails stored on a Microsoft server in Dublin. The US has argued that Microsoft, as a US company, comes under US jurisdiction, regardless of where it keeps its data.
  • Running away to Germany isn't a groundbreaking move; other US cloud services providers have already pledged expansion of their EU presences, including Amazon's plan to open a UK datacenter in late 2016 that will offer what CTO Werner Vogels calls "strong data sovereignty to local users." Other big data operators that have followed suit: Salesforce, which has already opened datacenters in the UK and Germany and plans to open one in France next year, as well as new EU operations pledged for the new year by NetSuite and Box. Can Germany keep the US out of its datacenters? Can Ireland? Time, and court cases, will tell.
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    The European Community's Court of Justice decision in the Safe Harbor case --- and Edward Snowden --- are now officially downgrading the U.S. as a cloud data center location. NSA is good business for Europeans looking to displace American cloud service providers, as evidenced by Microsoft's decision. The legal test is whether Microsoft has "possession, custody, or control" of the data. From the info given in the article, it seems that Microsoft has done its best to dodge that bullet by moving data centers to Germany and placing their data under the control of a European company. Do ownership of the hardware and profits from their rent mean that Microsoft still has "possession, custody, or control" of the data? The fine print of the agreement with Deutsche Telekom and the customer EULAs will get a thorough going over by the Dept. of Justice for evidence of Microsoft "control" of the data. That will be the crucial legal issue. The data centers in Germany may pass the test. But the notion that data centers in the UK can offer privacy is laughable; the UK's legal authority for GCHQ makes it even easier to get the data than the NSA can in the U.S.  It doesn't even require a court order. 
Paul Merrell

Moscow tells Twitter to store Russian users' data in the country - 0 views

  • Moscow has warned Twitter that it must store Russian users' personal data in Russia, under a new law, the national communications watchdog told AFP on Wednesday. Legislation that came into force on September 1 requires both Russian and foreign social media sites, messenger services and search engines to store the data held on Russian users on servers located inside the country. The controversial law was adopted amid Internet users' growing concerns about the storage of their data, but also as Russia has moved to tighten security on social media and online news sites that are crucial outlets for the political opposition. Non-compliance could lead Russia's communications watchdog Roskomnadzor to block the sites and services. Roskomnadzor spokesman Vadim Ampelonsky confirmed to AFP that Russia had changed its initial position on US-based Twitter, which it had previously said did not fall under the law. Twitter must comply because it now asks users to supply their personal data, Ampelonsky said, confirming earlier comments by the head of Roskomnadzor Alexander Zharov to Russian media.
malwaresecurity

Importance of Malware free websites and servers - 1 views

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    The Emotet trojan was capable of injecting itself into #software modules and the network stacks in the machines. The #trojan could then distribute additional banking trojans, and use the system as a base for conducting distributed denial-of-service (DDoS) #attacks on other systems that are part of the network and also steal personal and financial information. #networking #banking #cyber
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