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

On 7 November 2008, the directors of the law libraries at the University of Chicago, Columbia University, Cornell University, Duke University, Georgetown University, Harvard University, New York University, Northwestern University, the University of Pennsylvania, Stanford University, the University of Texas, and Yale University met in Durham, North Carolina at the Duke Law School. That meeting resulted in the "Durham Statement on Open Access to Legal Scholarship," which calls for all law schools to stop publishing their journals in print format and to rely instead on electronic publication coupled with a commitment to keep the electronic versions available in stable, open, digital formats.

Particularly now, with growing financial pressures on law school budgets, ending print publication of law journals deserves serious consideration. Very few law journals receive enough in subscription income and royalties to cover their costs of operation. The Statement anticipates both that the costs for printing and mailing can be eliminated, and that law libraries can reduce their costs for subscribing to, processing, and preserving print journals. There are additional benefits in improving access to journals that are not now published in open access formats and in reducing paper consumption.

Call to Action: We therefore urge every U.S. law school to commit to ending print publication of its journals and to making definitive versions of journals and other scholarship produced at the school immediately available upon publication in stable, open, digital formats, rather than in print. We also urge every law school to commit to keeping a repository of the scholarship published at the school in a stable, open, digital format. Some law schools may choose to use a shared regional online repository or to offer their own repositories as places for other law schools to archive the scholarship published at their school. Repositories should rely upon open standards for the archiving of works, as well as on redundant formats, such as PDF copies. We also urge law schools and law libraries to agree to and use a standard set of metadata to catalog each article to ensure easy online public indexing of legal scholarship. As a measure of redundancy, we also urge faculty members to reserve their copyrights to ensure that they too can make their own scholarship available in stable, open, digital formats. All law journals should rely upon the AALS model publishing agreement as a default and should respect author requests to retain copyrights in their scholarship.

Reversing a controversial deregulation decision made by the Bush administration, the FCC will seek to force broadband internet providers to adhere to some of the rules that have long applied to the nation’s landline phone providers. The decision will be announced officially tomorrow by FCC Chairman Julius Genachowski, according to a senior FCC official’s statement Wednesday, and will likely set off a firestorm of protests from the nation’s well-connected telecommunications industry. The FCC says the move is a response to a recent court ruling that called into question whether the FCC had authority to regulate how the nation’s broadband providers run their networks, including whether providers can block content. The ruling came in a case where Comcast appealed an FCC order that forbade the carrier from blocking peer-to-peer file sharing.

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.

The Justice Department is examining Apple’s tactics in the market for digital music, and its staff members have talked to major music labels and Internet music companies, according to several people briefed on the conversations.

But people briefed on the inquiries also said investigators had asked in particular about recent allegations that Apple used its dominant market position to persuade music labels to refuse to give the online retailer Amazon.com exclusive access to music about to be released.

The inquiry is one of several by the federal government involving Apple. The Federal Trade Commission is moving ahead with a separate investigation of Apple’s rules for developers who create applications for the iPhone operating system, according to a person familiar with that discussion. That inquiry, initiated by complaint from Adobe Systems, the maker of the Flash format for Internet video, is said to be in its early stages as well.

1. U.S. and European antitrust cases put lawyers and non-technologists in charge of important final product decisions.

The company long resisted releasing pertinent interoperability information in the United States. On the European Continent, this resistance led to huge fines. Meanwhile, Microsoft steered away from exclusive contracts and from pushing into adjacent markets.

At CES 2014 in Las Vegas today, Mozilla announced its plans for Firefox OS this year. Having launched Firefox OS for smartphones in 2013, the company has now partnered with Panasonic to bring its operating system to TVs, and also detailed the progress that has been made around the tablet and desktop versions.

Mereby elaborated that current options are controlled by either Google or Apple, two major corporations that “hold all the strings.” As such, Android and iOS are not viable options for Panasonic, as the ecosystem is tightly controlled. With Firefox OS, however, Mereby argues that “anyone can compete”, as you can operate your own marketplace. Not only can Panasonic open up its own marketplace for apps and content, but those who want to build apps and sell content can bypass marketplaces and make their offerings directly to Firefox OS users.

While the partnership is not exclusive, Panasonic will be the first to release next-generation smart TVs powered by Firefox OS. Mozilla and Panasonic will work together to promote Firefox OS and its open ecosystem on the big screen. The plan is to leverage existing HTML5 and Web technologies used on PCs, smartphones, and tablets, to provide TVs with more personalized and optimized access to content and services through the Internet. Mozilla’s Web APIs for hardware control and operation will allow TVs to monitor and operate devices, such as emerging smart home appliances, inside and outside of the home. Basic functions such as menus and programming guides, which are currently written as embedded programs, will be written in HTML5, letting developers easily create applications for smartphones or tablets to remotely access and operate TVs. Mozilla also envisions personalized user interfaces with users’ favorites and new functions for multiple users sharing the same screen.

The United Nations’ top official for counter-terrorism and human rights (known as the “Special Rapporteur”) issued a formal report to the U.N. General Assembly today that condemns mass electronic surveillance as a clear violation of core privacy rights guaranteed by multiple treaties and conventions. “The hard truth is that the use of mass surveillance technology effectively does away with the right to privacy of communications on the Internet altogether,” the report concluded. Central to the Rapporteur’s findings is the distinction between “targeted surveillance” — which “depend[s] upon the existence of prior suspicion of the targeted individual or organization” — and “mass surveillance,” whereby “states with high levels of Internet penetration can [] gain access to the telephone and e-mail content of an effectively unlimited number of users and maintain an overview of Internet activity associated with particular websites.” In a system of “mass surveillance,” the report explained, “all of this is possible without any prior suspicion related to a specific individual or organization. The communications of literally every Internet user are potentially open for inspection by intelligence and law enforcement agencies in the States concerned.”

Mass surveillance thus “amounts to a systematic interference with the right to respect for the privacy of communications,” it declared. As a result, “it is incompatible with existing concepts of privacy for States to collect all communications or metadata all the time indiscriminately.” In concluding that mass surveillance impinges core privacy rights, the report was primarily focused on the International Covenant on Civil and Political Rights, a treaty enacted by the General Assembly in 1966, to which all of the members of the “Five Eyes” alliance are signatories. The U.S. ratified the treaty in 1992, albeit with various reservations that allowed for the continuation of the death penalty and which rendered its domestic law supreme. With the exception of the U.S.’s Persian Gulf allies (Saudi Arabia, UAE and Qatar), virtually every major country has signed the treaty. Article 17 of the Covenant guarantees the right of privacy, the defining protection of which, the report explained, is “that individuals have the right to share information and ideas with one another without interference by the State, secure in the knowledge that their communication will reach and be read by the intended recipients alone.”

The report’s key conclusion is that this core right is impinged by mass surveillance programs: “Bulk access technology is indiscriminately corrosive of online privacy and impinges on the very essence of the right guaranteed by article 17. In the absence of a formal derogation from States’ obligations under the Covenant, these programs pose a direct and ongoing challenge to an established norm of international law.” The report recognized that protecting citizens from terrorism attacks is a vital duty of every state, and that the right of privacy is not absolute, as it can be compromised when doing so is “necessary” to serve “compelling” purposes. It noted: “There may be a compelling counter-terrorism justification for the radical re-evaluation of Internet privacy rights that these practices necessitate. ” But the report was adamant that no such justifications have ever been demonstrated by any member state using mass surveillance: “The States engaging in mass surveillance have so far failed to provide a detailed and evidence-based public justification for its necessity, and almost no States have enacted explicit domestic legislation to authorize its use.”

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:   

SOPA, ACTA, the criminalization of sharing, and a myriad of other measures taken to perpetuate antiquated business models propping up enduring monopolies - all have become increasingly taxing on the tech community and informed citizens alike. When the storm clouds gather and torrential rain begins to fall, the people have managed to stave off the flood waters through collective effort and well organized activism - stopping, or at least delaying SOPA and ACTA. However, is it really sustainable to mobilize each and every time multi-billion dollar corporations combine their resources and attempt to pass another series of draconian rules and regulations? Instead of manning the sandbags during each storm, wouldn't it suit us all better to transform the surrounding landscape in such a way as to harmlessly divert the floods, or better yet, harness them to our advantage? In many ways the transformation has already begun.

While open source software and hardware, as well as innovative business models built around collaboration and crowd-sourcing have done much to build a paradigm independent of current centralized proprietary business models, large centralized corporations and the governments that do their bidding, still guard all the doors and carry all the keys. The Internet, the phone networks, radio waves, and satellite systems still remain firmly in the hands of big business. As long as they do, they retain the ability to not only reassert themselves in areas where gains have been made, but can impose preemptive measures to prevent any future progress. With the advent of hackerspaces, increasingly we see projects that hold the potential of replacing, at least on a local level, much of the centralized infrastructure we take for granted until disasters or greed-driven rules and regulations upset the balance. It is with the further developing of our local infrastructure that we can leave behind the sandbags of perpetual activism and enjoy a permanently altered landscape that favors our peace and prosperity. Decentralizing Telecom

As impressive as a hydroelectric dam may be and as overwhelming as it may seem as a project to undertake, it will always start with but a single shovelful of dirt. The work required becomes in its own way part of the payoff - with experienced gained and with a magnificent accomplishment to aspire toward. In the same way, a communication network that runs parallel to existing networks, with global coverage, but locally controlled, may seem an impossible, overwhelming objective - and for one individual, or even a small group of individuals, it is. However, the paradigm has shifted. In the age of digital collaboration made possible by existing networks, the building of such a network can be done in parallel. In an act of digital-judo, we can use the system's infrastructure as a means of supplanting and replacing it with something superior in both function and in form. 

With major protests in the news again, we decided it's time to update our cell phone guide for protestors. A lot has changed since we last published this report in 2011, for better and for worse. On the one hand, we've learned more about the massive volume of law enforcement requests for cell phone—ranging from location information to actual content—and widespread use of dedicated cell phone surveillance technologies. On the other hand, strong Supreme Court opinions have eliminated any ambiguity about the unconstitutionality of warrantless searches of phones incident to arrest, and a growing national consensus says location data, too, is private. Protesters want to be able to communicate, to document the protests, and to share photos and video with the world. So they'll be carrying phones, and they'll face a complex set of considerations about the privacy of the data those phones hold. We hope this guide can help answer some questions about how to best protect that data, and what rights protesters have in the face of police demands.

Google will begin using website encryption, or HTTPS, as a ranking signal – a move which should prompt website developers who have dragged their heels on increased security measures, or who debated whether their website was “important” enough to require encryption, to make a change. Initially, HTTPS will only be a lightweight signal, affecting fewer than 1% of global queries, says Google. That means that the new signal won’t carry as much weight as other factors, including the quality of the content, the search giant noted, as Google means to give webmasters time to make the switch to HTTPS. Over time, however, encryption’s effect on search ranking make strengthen, as the company places more importance on website security. Google also promises to publish a series of best practices around TLS (HTTPS, is also known as HTTP over TLS, or Transport Layer Security) so website developers can better understand what they need to do in order to implement the technology and what mistakes they should avoid. These tips will include things like what certificate type is needed, how to use relative URLs for resources on the same secure domain, best practices around allowing for site indexing, and more.

In addition, website developers can test their current HTTPS-enabled website using the Qualys Lab tool, says Google, and can direct further questions to Google’s Webmaster Help Forums where the company is already in active discussions with the broader community. The announcement has drawn a lot of feedback from website developers and those in the SEO industry – for instance, Google’s own blog post on the matter, shared in the early morning hours on Thursday, is already nearing 1,000 comments. For the most part, the community seems to support the change, or at least acknowledge that they felt that something like this was in the works and are not surprised. Google itself has been making moves to better securing its own traffic in recent months, which have included encrypting traffic between its own servers. Gmail now always uses an encrypted HTTPS connection which keeps mail from being snooped on as it moves from a consumer’s machine to Google’s data centers.

While HTTPS and site encryption have been a best practice in the security community for years, the revelation that the NSA has been tapping the cables, so to speak, to mine user information directly has prompted many technology companies to consider increasing their own security measures, too. Yahoo, for example, also announced in November its plans to encrypt its data center traffic. Now Google is helping to push the rest of the web to do the same.

Verizon says it will soon offer customers a way to opt out from having their smartphone and tablet browsing tracked via a hidden un-killable tracking identifier. The decision came after a ProPublica article revealed that an online advertiser, Turn, was exploiting the Verizon identifier to respawn tracking cookies that users had deleted. Two days after the article appeared, Turn said it would suspend the practice of creating so-called "zombie cookies" that couldn't be deleted. But Verizon couldn't assure users that other companies might not also exploit the number - which was transmitted automatically to any website or app a user visited from a Verizon-enabled device - to build dossiers about people's behavior on their mobile devices. Verizon subsequently updated its website to note Turn's decision and declared that it would "work with other partners to ensure that their use of [the undeletable tracking number] is consistent with the purposes we intended." Previously, its website had stated: "It is unlikely that sites and ad entities will attempt to build customer profiles.

However, policing the hundreds of companies in the online tracking business was likely to be a difficult task for Verizon. And so, on Monday, Verizon followed in the footsteps of AT&T, which had already declared in November that it would stop inserting the hidden undeletable number in its users' Web traffic. In a statement emailed to reporters on Friday, Verizon said, "We have begun working to expand the opt-out to include the identifier referred to as the UIDH, and expect that to be available soon." Previously, users who opted out from Verizon's program were told that information about their demographics and Web browsing behavior would no longer be shared with advertisers, but that the tracking number would still be attached to their traffic. For more coverage, read ProPublica's previous reporting on Verizon's indestructible tracking and how one company used the tool to create zombie cookies.

"When NSA whistleblower Edward Snowden came forth last year with U.S. government spying secrets, it didn't take long to realize that some of the information revealed could bring on serious repercussions — not just for the U.S. government, but also for U.S.-based companies. The latest to feel the hit? None other than Apple, and in a region the company has been working hard to increase market share: China. China, via state media, has today declared that Apple's iPhone is a threat to national security — all because of its thorough tracking capabilities. It has the ability to keep track of user locations, and to the country, this could potentially reveal "state secrets" somehow. It's being noted that the iPhone will continue to track the user to some extent even if the overall feature is disabled. China's iPhone ousting comes hot on the heels of Russia's industry and trade deeming AMD and Intel processors to be untrustworthy. The nation will instead be building its own ARM-based "Baikal" processor.

David Mao, the Librarian of Congress, has issued new rules pertaining to exemptions to the Digital Millennium Copyright Act (DMCA) after a 3 year battle that was expedited in the wake of the Volkswagen scandal.

Opposition to this new decision is coming from the Environmental Protection Agency (EPA) and the auto industry because the DMCA prohibits “circumventing encryption or access controls to copy or modify copyrighted works.” For example, GM “claimed the exemption ‘could introduce safety and security issues as well as facilitate violation of various laws designed specifically to regulate the modern car, including emissions, fuel economy, and vehicle safety regulations’.” The exemption in question is in Section 1201 which forbids the unlocking of software access controls which has given the auto industry the unique ability to “threaten legal action against anyone who needs to get around those restrictions, no matter how legitimate the reason.” Journalist Nick Statt points out that this provision “made it illegal in the past to unlock your smartphone from its carrier or even to share your HBO Go password with a friend. It’s designed to let corporations protect copyrighted material, but it allows them to crackdown on circumventions even when they’re not infringing on those copyrights or trying to access or steal proprietary information.”

Kit Walsh, staff attorney for the Electronic Frontier Foundation (EFF), explained that the “‘access control’ rule is supposed to protect against unlawful copying. But as we’ve seen in the recent Volkswagen scandal—where VW was caught manipulating smog tests—it can be used instead to hide wrongdoing hidden in computer code.” Walsh continued: “We are pleased that analysts will now be able to examine the software in the cars we drive without facing legal threats from car manufacturers, and that the Librarian has acted to promote competition in the vehicle aftermarket and protect the long tradition of vehicle owners tinkering with their cars and tractors. The year-long delay in implementing the exemptions, though, is disappointing and unjustified. The VW smog tests and a long run of security vulnerabilities have shown researchers and drivers need the exemptions now.” As part of the new changes, gamers can “modify an old video game so it doesn’t perform a check with an authentication server that has since been shut down” and after the publisher cuts of support for the video game.