Group items tagged

Does publishing a hyperlink to freely available content amount to an illegal communication to the public and therefore a breach of creator's copyrights under European law? After examining a case referred to it by Sweden's Court of Appeal, the Court of Justice of the European Union has ruled today that no, it does not.

One such case, referred to the CJEU by Sweden’s Court of Appeal, is of particular interest to Internet users as it concerns the very mechanism that holds the web together. The dispute centers on a company called Retriever Sverige AB, an Internet-based subscription service that indexes links to articles that can be found elsewhere online for free. The problem came when Retriever published links to articles published on a newspaper’s website that were written by Swedish journalists. The company felt that it did not have to compensate the journalists for simply linking to their articles, nor did it believe that embedding them within its site amounted to copyright infringement. The journalists, on the other hand, felt that by linking to their articles Retriever had “communicated” their works to the public without permission. In the belief they should be paid, the journalists took their case to the Stockholm District Court. They lost their case in 2010 and decided to take the case to appeal. From there the Svea Court of Appeal sought advice from the EU Court. Today the Court of Justice published its lengthy decision and it’s largely good news for the Internet.

Over in the UK, where the government has been gradually censoring more and more of the internet over the past few years, Google has apparently agreed to give the UK government broad powers to "flag" videos they argue are bad, even if they're not illegal. Ostensibly, the goal is to block videos that "proliferate jihadi material." The YouTube permissions that Google has given the Home Office in recent weeks include the power to flag swaths of content “at scale” instead of only picking out individual videos. They are in part a response to a blitz from UK security authorities to persuade internet service providers, search engines and social media sites to censor more of their own content for extremist material even if it does not always break existing laws. And the UK government even admits that the videos it will be taken down are not illegal: The UK’s security and immigration minister, James Brokenshire, said that the British government has to do more to deal with some material “that may not be illegal, but certainly is unsavoury and may not be the sort of material that people would want to see or receive”. Of course, that kind of statement shows the program is wide open to abuse. The sort of material people would not want to see or receive? Well, then they just don't watch it. Besides, who gets to decide what people would not want to see? Because there's lots of important content that a government might not want its citizens to see, but which are kind of important to a functioning democracy and open society.

While I'm sure the pressure from the government here was quite strong, it's upsetting to see Google cave in to these kinds of requests. Giving the UK government a giant "censor this video" button seems like exactly the wrong approach.

The secretive British spy agency GCHQ has developed covert tools to seed the internet with false information, including the ability to manipulate the results of online polls, artificially inflate pageview counts on web sites, “amplif[y]” sanctioned messages on YouTube, and censor video content judged to be “extremist.” The capabilities, detailed in documents provided by NSA whistleblower Edward Snowden, even include an old standby for pre-adolescent prank callers everywhere: A way to connect two unsuspecting phone users together in a call.

he “tools” have been assigned boastful code names. They include invasive methods for online surveillance, as well as some of the very techniques that the U.S. and U.K. have harshly prosecuted young online activists for employing, including “distributed denial of service” attacks and “call bombing.” But they also describe previously unknown tactics for manipulating and distorting online political discourse and disseminating state propaganda, as well as the apparent ability to actively monitor Skype users in real-time—raising further questions about the extent of Microsoft’s cooperation with spy agencies or potential vulnerabilities in its Skype’s encryption. Here’s a list of how JTRIG describes its capabilities: • “Change outcome of online polls” (UNDERPASS) • “Mass delivery of email messaging to support an Information Operations campaign” (BADGER) and “mass delivery of SMS messages to support an Information Operations campaign” (WARPARTH) • “Disruption of video-based websites hosting extremist content through concerted target discovery and content removal.” (SILVERLORD)

• “Active skype capability. Provision of real time call records (SkypeOut and SkypetoSkype) and bidirectional instant messaging. Also contact lists.” (MINIATURE HERO) • “Find private photographs of targets on Facebook” (SPRING BISHOP) • “A tool that will permanently disable a target’s account on their computer” (ANGRY PIRATE) • “Ability to artificially increase traffic to a website” (GATEWAY) and “ability to inflate page views on websites” (SLIPSTREAM) • “Amplification of a given message, normally video, on popular multimedia websites (Youtube)” (GESTATOR) • “Targeted Denial Of Service against Web Servers” (PREDATORS FACE) and “Distributed denial of service using P2P. Built by ICTR, deployed by JTRIG” (ROLLING THUNDER)

Fourteen months after unveiling a $45.2 billion merger that would create a new Internet and cable giant, Comcast Corp. is planning to walk away from its proposed takeover of Time Warner Cable Inc., people with knowledge of the matter said. The decision marks a swift unraveling of a deal that awaited federal approval for more than a year. Opposition from the U.S. Justice Department and Federal Communications Commission took shape over the past week, leaving officials of the two companies to conclude the deal wouldn’t pass muster.

Comcast’s board will meet to finalize the decision on Thursday, and an announcement may come as soon as Friday, said one of the people, who asked not to be identified because the information is private. Time Warner Cable executives plan to tell shareholders on an earnings conference call next Thursday how the company can survive independently, the person said.

On Wednesday, FCC staff joined lawyers at the Justice Department opposing the transaction. That day, FCC officials told representatives of the two companies they are leaning toward concluding the merger doesn’t help consumers, a person with knowledge of the matter said. The FCC’s plan to call a hearing effectively killed the deal’s chances of success. An FCC hearing can take months to complete and drag out the approval process beyond the companies’ time frame for completion. Bloomberg News reported last week that Justice Department staff was leaning against the deal. Senators including Al Franken, a Democrat from Minnesota, also voiced opposition. “Comcast’s withdrawal of its proposed merger with Time Warner Cable would be spectacularly good news for consumers,” Michael Copps, a Democratic former FCC commissioner working with Common Cause to oppose the deal, said in a statement.

today we’re excited to contribute back to the open source community by launching First Look Code, the home for our own open source projects related to privacy, security, data, and journalism. To begin with, First Look Code is the new home for document sanitization software PDF Redact Tools, and we’ve launched a brand new anti-gag order project called AutoCanary.

AutoCanary A warrant canary is a regularly published statement that a company hasn’t received any legal orders that it’s not allowed to talk about, such as a national security letter. Canaries can help prevent web publishers from misleading visitors and prevent tech companies from misleading users when they share data with the government and are prevented from talking about it. One such situation arose — without a canary in place — in 2013, when the U.S. government sent Lavabit, a provider of encrypted email services apparently used by Snowden, a legal request to access Snowden’s email, thwarting some of the very privacy protections Lavabit had promised users. This request included a gag order, so the company was legally prohibited from talking about it. Rather than becoming “complicit in crimes against the American people,” in his words, Lavabit founder Ladar Levison, chose to shut down the service.

Warrant canaries are designed to help companies in this kind of situation. You can see a list of companies that publish warrant canary statements at Canary Watch. As of today, First Look Media is among the companies that publish canaries. We’re happy to announce the first version of AutoCanary, a desktop program for Windows, Mac OS X, and Linux that makes the process of generating machine-readable, digitally-signed warrant canary statements simpler. Read more about AutoCanary on its new website.

Activists worried about online privacy are sending Congress a message with some old-school technology: They're sending faxes -- more than 6.2 million, they claim -- to express opposition to the Cybersecurity Information Sharing Act (CISA).Why faxes? "Congress is stuck in 1984 and doesn't understand modern technology," according to the campaign Fax Big Brother. The week-long campaign was organized by the nonpartisan Electronic Frontier Foundation, the group Access and Fight for the Future, the activist group behind the major Internet protests that helped derail a pair of anti-piracy bills in 2012. It also has the backing of a dozen groups like the ACLU, the American Library Association, National Association of Criminal Defense Lawyers and others.

CISA aims to facilitate information sharing regarding cyberthreats between the government and the private sector. The bill gained more attention following the massive hack in which the records of nearly 22 million people were stolen from government computers."The ability to easily and quickly share cyber attack information, along with ways to counter attacks, is a key method to stop them from happening in the first place," Sen. Dianne Feinstein, D-California, who helped introduce CISA, said in a statement after the hack. Senate leadership had planned to vote on CISA this week before leaving for its August recess. However, the bill may be sidelined for the time being as the Republican-led Senate puts precedent on a legislative effort to defund Planned Parenthood.Even as the bill was put on the backburner, the grassroots campaign to stop it gained steam. Fight for the Future started sending faxes to all 100 Senate offices on Monday, but the campaign really took off after it garnered attention on the website Reddit and on social media. The faxed messages are generated by Internet users who visit faxbigbrother.com or stopcyberspying.com -- or who simply send a message via Twitter with the hashtag #faxbigbrother. To send all those faxes, Fight for the Future set up a dedicated server and a dozen phone lines and modems they say are capable of sending tens of thousands of faxes a day.

Fight for the Future told CBS News that it has so many faxes queued up at this point, that it may take months for Senate offices to receive them all, though the group is working on scaling up its capability to send them faster. They're also limited by the speed at which Senate offices can receive them.

May 6 (Bloomberg) -- Federal Communications Commission Chairman Julius Genachowski claimed power to regulate companies that provide Internet access, opening a fight with cable and telephone companies and sparking opposition from Republicans. Comcast Corp., Time Warner Cable Inc. and Cablevision Systems Corp., cable operators that sell Web connections, fell more than 6 percent in New York trading.

Genachowski’s plan requires commission approval, and two fellow Democrats have signaled they will support the chairman, giving him a majority. The FCC will vote following a comment period, spokeswoman Jen Howard said in an interview.

The FCC had censured Comcast, the largest U.S. cable provider, for blocking customers using the BitTorrent file- sharing software that can send and receive videos. Comcast said it acted to alleviate network congestion. The appeals court sided with Comcast.

At decade's end, the trusty landline telephone could be nothing more than a memory. Telecom giants AT&T T +0.31% AT&T Inc. U.S.: NYSE $35.07 +0.11 +0.31% March 28, 2014 4:00 pm Volume (Delayed 15m) : 24.66M AFTER HOURS $35.03 -0.04 -0.11% March 28, 2014 7:31 pm Volume (Delayed 15m): 85,446 P/E Ratio 10.28 Market Cap $182.60 Billion Dividend Yield 5.25% Rev. per Employee $529,844 03/29/14 Prepare to Hang Up the Phone, ... 03/21/14 AT&T Criticizes Netflix's 'Arr... 03/21/14 Samsung's Galaxy S5 Smartphone... More quote details and news » T in Your Value Your Change Short position and Verizon Communications VZ -0.57% Verizon Communications Inc. U.S.: NYSE $47.42 -0.27 -0.57% March 28, 2014 4:01 pm Volume (Delayed 15m) : 24.13M AFTER HOURS $47.47 +0.05 +0.11% March 28, 2014 7:59 pm Volume (Delayed 15m): 1.57M

The two providers want to lay the crumbling POTS to rest and replace it with Internet Protocol-based systems that use the same wired and wireless broadband networks that bring Web access, cable programming and, yes, even your telephone service, into your homes. You may think you have a traditional landline because your home phone plugs into a jack, but if you have bundled your phone with Internet and cable services, you're making calls over an IP network, not twisted copper wires. California, Florida, Texas, Georgia, North Carolina, Wisconsin and Ohio are among states that agree telecom resources would be better redirected into modern telephone technologies and innovations, and will kill copper-based technologies in the next three years or so. Kentucky and Colorado are weighing similar laws, which force people to go wireless whether they want to or not. In Mantoloking, N.J., Verizon wants to replace the landline system, which Hurricane Sandy wiped out, with its wireless Voice Link. That would make it the first entire town to go landline-less, a move that isn't sitting well with all residents.

New Jersey's legislature, worried about losing data applications such as credit-card processing and alarm systems that wireless systems can't handle, wants a one-year moratorium to block that switch. It will vote on the measure this month. (Verizon tried a similar change in Fire Island, N.Y., when its copper lines were destroyed, but public opposition persuaded Verizon to install fiber-optic cable.) It's no surprise that landlines are unfashionable, considering many of us already have or are preparing to ditch them. More than 38% of adults and 45.5% of children live in households without a landline telephone, says the Centers for Disease Control and Prevention. That means two in every five U.S. homes, or 39%, are wireless, up from 26.6% three years ago. Moreover, a scant 8.5% of households relied only on a landline, while 2% were phoneless in 2013. Metropolitan residents have few worries about the end of landlines. High-speed wire and wireless services are abundant and work well, despite occasional dropped calls. Those living in rural areas, where cell towers are few and 4G capability limited, face different issues.

"Addressing the recent controversy over Netflix paying ISPs directly for better data transfer speeds, Google's Director of Network Engineering explains how their Fiber server handles peering. He says, 'Bringing fiber all the way to your home is only one piece of the puzzle. We also partner with content providers (like YouTube, Netflix, and Akamai) to make the rest of your video's journey shorter and faster. (This doesn't involve any deals to prioritize their video 'packets' over others or otherwise discriminate among Internet traffic — we don't do that.) Like other Internet providers, Google Fiber provides the 'last-mile' Internet connection to your home. ... So that your video doesn't get caught up in this possible congestion, we invite content providers to hook up their networks directly to ours. This is called 'peering,' and it gives you a more direct connection to the content that you want. ... We don't make money from peering or colocation; since people usually only stream one video at a time, video traffic doesn't bog down or change the way we manage our network in any meaningful way — so why not help enable it?'"

What does it look like when a society loses its sense of privacy? <div><a href="http://pubads.g.doubleclick.net/gampad/jump?iu=%2F4624%2FTheAtlanticOnline%2Fchannel_technology&t=src%3Dblog%26by%3Drobinson-meyer%26title%3Damerican-surveillance-now-threatens-american-business%26pos%3Din-article&sz=300x250&c=285899172&tile=1" title=""><img style="border:none;" src="http://pubads.g.doubleclick.net/gampad/ad?iu=%2F4624%2FTheAtlanticOnline%2Fchannel_technology&t=src%3Dblog%26by%3Drobinson-meyer%26title%3Damerican-surveillance-now-threatens-american-business%26pos%3Din-article&sz=300x250&c=285899172&tile=1" alt="" /></a></div>In the almost 18 months since the Snowden files first received coverage, writers and critics have had to guess at the answer. Does a certain trend, consumer complaint, or popular product epitomize some larger shift? Is trust in tech companies eroding—or is a subset just especially vocal about it? Polling would make those answers clear, but polling so far has been… confused. A new study, conducted by the Pew Internet Project last January and released last week, helps make the average American’s view of his or her privacy a little clearer. And their confidence in their own privacy is ... low. The study's findings—and the statistics it reports—stagger. Vast majorities of Americans are uncomfortable with how the government uses their data, how private companies use and distribute their data, and what the government does to regulate those companies. No summary can equal a recounting of the findings. Americans are displeased with government surveillance en masse:   

A new study finds that a vast majority of Americans trust neither the government nor tech companies with their personal data.

What does it look like when a society loses its sense of privacy? <div><a href="http://pubads.g.doubleclick.net/gampad/jump?iu=%2F4624%2FTheAtlanticOnline%2Fchannel_technology&t=src%3Dblog%26by%3Drobinson-meyer%26title%3Damerican-surveillance-now-threatens-american-business%26pos%3Din-article&sz=300x250&c=285899172&tile=1" title=""><img style="border:none;" src="http://pubads.g.doubleclick.net/gampad/ad?iu=%2F4624%2FTheAtlanticOnline%2Fchannel_technology&t=src%3Dblog%26by%3Drobinson-meyer%26title%3Damerican-surveillance-now-threatens-american-business%26pos%3Din-article&sz=300x250&c=285899172&tile=1" alt="" /></a></div>In the almost 18 months since the Snowden files first received coverage, writers and critics have had to guess at the answer. Does a certain trend, consumer complaint, or popular product epitomize some larger shift? Is trust in tech companies eroding—or is a subset just especially vocal about it? Polling would make those answers clear, but polling so far has been… confused. A new study, conducted by the Pew Internet Project last January and released last week, helps make the average American’s view of his or her privacy a little clearer. And their confidence in their own privacy is ... low. The study's findings—and the statistics it reports—stagger. Vast majorities of Americans are uncomfortable with how the government uses their data, how private companies use and distribute their data, and what the government does to regulate those companies. No summary can equal a recounting of the findings. Americans are displeased with government surveillance en masse:   

US and British intelligence agencies undertake every effort imaginable to crack all types of encrypted Internet communication. The cloud, it seems, is full of holes. The good news: New Snowden documents show that some forms of encryption still cause problems for the NSA.

Makers of surveillance systems are offering governments across the world the ability to track the movements of almost anybody who carries a cellphone, whether they are blocks away or on another continent. The technology works by exploiting an essential fact of all cellular networks: They must keep detailed, up-to-the-minute records on the locations of their customers to deliver calls and other services to them. Surveillance systems are secretly collecting these records to map people’s travels over days, weeks or longer, according to company marketing documents and experts in surveillance technology.

The world’s most powerful intelligence services, such as the National Security Agency and Britain’s GCHQ, long have used cellphone data to track targets around the globe. But experts say these new systems allow less technically advanced governments to track people in any nation — including the United States — with relative ease and precision.

It is unclear which governments have acquired these tracking systems, but one industry official, speaking on the condition of anonymity to share sensitive trade information, said that dozens of countries have bought or leased such technology in recent years. This rapid spread underscores how the burgeoning, multibillion-dollar surveillance industry makes advanced spying technology available worldwide. “Any tin-pot dictator with enough money to buy the system could spy on people anywhere in the world,” said Eric King, deputy director of Privacy International, a London-based activist group that warns about the abuse of surveillance technology. “This is a huge problem.”

In August 2013, as evidence emerged of the active participation by New Zealand in the “Five Eyes” mass surveillance program exposed by Edward Snowden, the country’s conservative Prime Minister, John Key, vehemently denied that his government engages in such spying. He went beyond mere denials, expressly vowing to resign if it were ever proven that his government engages in mass surveillance of New Zealanders. He issued that denial, and the accompanying resignation vow, in order to reassure the country over fears provoked by a new bill he advocated to increase the surveillance powers of that country’s spying agency, Government Communications Security Bureau (GCSB) — a bill that passed by one vote thanks to the Prime Minister’s guarantees that the new law would not permit mass surveillance.

Since then, a mountain of evidence has been presented that indisputably proves that New Zealand does exactly that which Prime Minister Key vehemently denied — exactly that which he said he would resign if it were proven was done. Last September, we reported on a secret program of mass surveillance at least partially implemented by the Key government that was designed to exploit the very law that Key was publicly insisting did not permit mass surveillance. At the time, Snowden, citing that report as well as his own personal knowledge of GCSB’s participation in the mass surveillance tool XKEYSCORE, wrote in an article for The Intercept: Let me be clear: any statement that mass surveillance is not performed in New Zealand, or that the internet communications are not comprehensively intercepted and monitored, or that this is not intentionally and actively abetted by the GCSB, is categorically false. . . . The prime minister’s claim to the public, that “there is no and there never has been any mass surveillance” is false. The GCSB, whose operations he is responsible for, is directly involved in the untargeted, bulk interception and algorithmic analysis of private communications sent via internet, satellite, radio, and phone networks.

A series of new reports last week by New Zealand journalist Nicky Hager, working with my Intercept colleague Ryan Gallagher, has added substantial proof demonstrating GCSB’s widespread use of mass surveillance. An article last week in The New Zealand Herald demonstrated that “New Zealand’s electronic surveillance agency, the GCSB, has dramatically expanded its spying operations during the years of John Key’s National Government and is automatically funnelling vast amounts of intelligence to the US National Security Agency.” Specifically, its “intelligence base at Waihopai has moved to ‘full-take collection,’ indiscriminately intercepting Asia-Pacific communications and providing them en masse to the NSA through the controversial NSA intelligence system XKeyscore, which is used to monitor emails and internet browsing habits.” Moreover, the documents “reveal that most of the targets are not security threats to New Zealand, as has been suggested by the Government,” but “instead, the GCSB directs its spying against a surprising array of New Zealand’s friends, trading partners and close Pacific neighbours.” A second report late last week published jointly by Hager and The Intercept detailed the role played by GCSB’s Waihopai base in aiding NSA’s mass surveillance activities in the Pacific (as Hager was working with The Intercept on these stories, his house was raided by New Zealand police for 10 hours, ostensibly to find Hager’s source for a story he published that was politically damaging to Key).

If we’ve learned one thing from the Snowden revelations, it’s that what can be spied on will be spied on. Since the advent of what used to be known as the World Wide Web, it has been a relatively simple matter for network attackers—whether it’s the NSA, Chinese intelligence, your employer, your university, abusive partners, or teenage hackers on the same public WiFi as you—to spy on almost everything you do online. HTTPS, the technology that encrypts traffic between browsers and websites, fixes this problem—anyone listening in on that stream of data between you and, say, your Gmail window or bank’s web site would get nothing but useless random characters—but is woefully under-used. The ambitious new non-profit Let’s Encrypt aims to make the process of deploying HTTPS not only fast, simple, and free, but completely automatic. If it succeeds, the project will render vast regions of the internet invisible to prying eyes.

The benefits of using HTTPS are obvious when you think about protecting secret information you send over the internet, like passwords and credit card numbers. It also helps protect information like what you search for in Google, what articles you read, what prescription medicine you take, and messages you send to colleagues, friends, and family from being monitored by hackers or authorities. But there are less obvious benefits as well. Websites that don’t use HTTPS are vulnerable to “session hijacking,” where attackers can take over your account even if they don’t know your password. When you download software without encryption, sophisticated attackers can secretly replace the download with malware that hacks your computer as soon as you try installing it.

Encryption also prevents attackers from tampering with or impersonating legitimate websites. For example, the Chinese government censors specific pages on Wikipedia, the FBI impersonated The Seattle Times to get a suspect to click on a malicious link, and Verizon and AT&T injected tracking tokens into mobile traffic without user consent. HTTPS goes a long way in preventing these sorts of attacks. And of course there’s the NSA, which relies on the limited adoption of HTTPS to continue to spy on the entire internet with impunity. If companies want to do one thing to meaningfully protect their customers from surveillance, it should be enabling encryption on their websites by default.

“The intent is world domination,” Berners-Lee says with a wry smile. The British-born scientist is known for his dry sense of humor. But in this case, he is not joking.This week, Berners-Lee will launch Inrupt, a startup that he has been building, in stealth mode, for the past nine months. Backed by Glasswing Ventures, its mission is to turbocharge a broader movement afoot, among developers around the world, to decentralize the web and take back power from the forces that have profited from centralizing it. In other words, it’s game on for Facebook, Google, Amazon. For years now, Berners-Lee and other internet activists have been dreaming of a digital utopia where individuals control their own data and the internet remains free and open. But for Berners-Lee, the time for dreaming is over.

In a post published this weekend, Berners-Lee explains that he is taking a sabbatical from MIT to work full time on Inrupt. The company will be the first major commercial venture built off of Solid, a decentralized web platform he and others at MIT have spent years building.

f all goes as planned, Inrupt will be to Solid what Netscape once was for many first-time users of the web: an easy way in. And like with Netscape, Berners-Lee hopes Inrupt will be just the first of many companies to emerge from Solid.