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This June 5th, I pledge to take strong steps to protect my freedom from government mass surveillance. I expect the services I use to do the same.

Fight for the Future and Center for Rights will contact you about future campaigns. Privacy Policy

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 Inte.net 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 Inte.net 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:   

Canada’s electronic surveillance agency is covertly monitoring vast amounts of Canadians’ emails as part of a sweeping domestic cybersecurity operation, according to top-secret documents. The surveillance initiative, revealed Wednesday by CBC News in collaboration with The Intercept, is sifting through millions of emails sent to Canadian government agencies and departments, archiving details about them on a database for months or even years. The data mining operation is carried out by the Communications Security Establishment, or CSE, Canada’s equivalent of the National Security Agency. Its existence is disclosed in documents obtained by The Intercept from NSA whistleblower Edward Snowden. The emails are vacuumed up by the Canadian agency as part of its mandate to defend against hacking attacks and malware targeting government computers. It relies on a system codenamed PONY EXPRESS to analyze the messages in a bid to detect potential cyber threats.

Last year, CSE acknowledged it collected some private communications as part of cybersecurity efforts. But it refused to divulge the number of communications being stored or to explain for how long any intercepted messages would be retained. Now, the Snowden documents shine a light for the first time on the huge scope of the operation — exposing the controversial details the government withheld from the public. Under Canada’s criminal code, CSE is not allowed to eavesdrop on Canadians’ communications. But the agency can be granted special ministerial exemptions if its efforts are linked to protecting government infrastructure — a loophole that the Snowden documents show is being used to monitor the emails. The latest revelations will trigger concerns about how Canadians’ private correspondence with government employees are being archived by the spy agency and potentially shared with police or allied surveillance agencies overseas, such as the NSA. Members of the public routinely communicate with government employees when, for instance, filing tax returns, writing a letter to a member of parliament, applying for employment insurance benefits or submitting a passport application.

Chris Parsons, an internet security expert with the Toronto-based internet think tank Citizen Lab, told CBC News that “you should be able to communicate with your government without the fear that what you say … could come back to haunt you in unexpected ways.” Parsons said that there are legitimate cybersecurity purposes for the agency to keep tabs on communications with the government, but he added: “When we collect huge volumes, it’s not just used to track bad guys. It goes into data stores for years or months at a time and then it can be used at any point in the future.” In a top-secret CSE document on the security operation, dated from 2010, the agency says it “processes 400,000 emails per day” and admits that it is suffering from “information overload” because it is scooping up “too much data.” The document outlines how CSE built a system to handle a massive 400 terabytes of data from Internet networks each month — including Canadians’ emails — as part of the cyber operation. (A single terabyte of data can hold about a billion pages of text, or about 250,000 average-sized mp3 files.)

A bill that would bring a local version of net neutrality to Oregon is headed for the Governor's desk.House Bill 4155 would prevent public bodies such as state and local governments and school districts, from contracting with broadband providers that engage in "paid prioritization."An example of paid prioritization would be a provider supplying faster internet speeds to an entity like Amazon's streaming service, provided Amazon pays an extra fee.The bill passed easily in both the House and Senate, despite opposition from several Republicans.

The Oregon Cable Telecommunications Association opposed the bill, as did Comcast and Century Link, two local broadband providers.

The Congressional Research Service produced a newly updated report on the subject, suggesting that congressional intervention might be appropriate. “The FCC’s move to reexamine its existing open Internet rules has reopened the debate over whether Congress should consider a more comprehensive measure to amend existing law to provide greater regulatory stability and guidance to the FCC,” the CRS report said, adding that whether Congress would do so “remains to be seen.”  See The Net Neutrality Debate: Access to Broadband Networks, updated November 22, 2017.

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

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

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

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

On October 06, 2008, OASIS issued a public call for participation in a new technical committee chartered to define specifications for use of Web services and Web 2.0 interfaces to enable information sharing across content management repositories from different vendors. The OASIS Content Management Interoperability Services (CMIS) TC will build upon existing specifications to "define a domain model and bindings that are designed to be layered on top of existing Content Management systems and their existing programmatic interfaces. The TC will not prescribe how specific features should be implemented within those Enterprise Content Management (ECM) systems. Rather it will seek to define a generic/universal set of capabilities provided by an ECM system and a set of services for working with those capabilities." As of February 17, 2010, the CMIS technical work had received broad support through TC participation, industry analyst opinion, and declarations of interest from major companies. Some of these include Adobe, Adullact, AIIM, Alfresco, Amdocs, Anakeen, ASG Software Solutions, Booz Allen Hamilton, Capgemini, Citytech, Content Technologies, Day Software, dotCMS, Ektron, EMC, EntropySoft, ESoCE-NET, Exalead, FatWire, Fidelity, Flatirons, fme AG, Genus Technologies, Greenbytes GmbH, Harris, IBM, ISIS Papyrus, KnowledgeTree, Lexmark, Liferay, Magnolia, Mekon, Microsoft, Middle East Technical University, Nuxeo, Open Text, Oracle, Pearson, Quark, RSD, SAP, Saperion, Structured Software Systems (3SL), Sun Microsystems, Tanner AG, TIBCO Software, Vamosa, Vignette, and WeWebU Software. Early commentary from industry analysts and software engineers is positive about the value proposition in standardizing an enterprise content-centric management specification. The OASIS announcement of November 17, 2008 includes endorsements. Principal use cases motivating the CMIS technical work include collaborative content applications, portals leveraging content management repositories, mashups, and searching a content repository.

Research for the Public Utility Law Project (PULP) has been released which details 'how Verizon deliberately moves back and forth between regulatory regimes, classifying its infrastructure either like a heavily regulated telephone network or a deregulated information service depending on its needs. The chicanery has allowed Verizon to raise telephone rates, all the while missing commitments for high-speed internet deployment' (PDF). In short, Verizon pushed for the government to give it common carrier privileges under Title II in order to build out its fiber network with tax-payer money. Result: increased service rates on telephone users to subsidize Verizon's 'infrastructure investment.' When it comes to regulations on Verizon's fiber network, however, Verizon has been pushing the government to classify its services as that of information only — i.e., beyond Title II. Verizon has made about $4.4 billion in additional revenue in New York City alone, 'money that's funneled directly from a Title II service to an array of services that currently lie beyond Title II's reach.' And it's all legal. An attorney at advocacy group Public Knowledge said it best: 'To expect that you can come in and use public infrastructure and funds to build a network and then be free of any regulation is absurd....When Verizon itself is describing these activities as a Title II common carrier, how can the FCC look at broadband internet and continue acting as though it's not a telecommunication network?'"

"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?'"

All the remaining Snowden documents will be released next month, according t‪o‬ whistle-blowing site ‪Cryptome, which said in a tweet that the release of the info by unnamed third parties would be necessary to head off an unnamed "war".‬‪Cryptome‬ said it would "aid and abet" the release of "57K to 1.7M" new documents that had been "withheld for national security-public debate [sic]". <a href="http://pubads.g.doubleclick.net/gampad/jump?iu=/6978/reg_security/front&sz=300x250%7C300x600&tile=3&c=33U7RchawQrMoAAHIac14AAAKH&t=ct%3Dns%26unitnum%3D3%26unitname%3Dwww_top_mpu%26pos%3Dtop%26test%3D0" target="_blank"> <img src="http://pubads.g.doubleclick.net/gampad/ad?iu=/6978/reg_security/front&sz=300x250%7C300x600&tile=3&c=33U7RchawQrMoAAHIac14AAAKH&t=ct%3Dns%26unitnum%3D3%26unitname%3Dwww_top_mpu%26pos%3Dtop%26test%3D0" alt=""></a> The site clarified that will not be publishing the documents itself.Transparency activists would welcome such a release but such a move would be heavily criticised by inteligence agencies and military officials, who argue that Snowden's dump of secret documents has set US and allied (especially British) intelligence efforts back by years.

As things stand, the flow of Snowden disclosures is controlled by those who have access to the Sn‪o‬wden archive, which might possibly include Snowden confidants such as Glenn Greenwald and Laura Poitras. In some cases, even when these people release information to mainstream media organisations, it is then suppressed by these organisations after negotiation with the authorities. (In one such case, some key facts were later revealed by the Register.)"July is when war begins unless headed off by Snowden full release of crippling intel. After war begins not a chance of release," Cryptome tweeted on its official feed."Warmongerers are on a rampage. So, yes, citizens holding Snowden docs will do the right thing," it said.

"For more on Snowden docs release in July watch for Ellsberg, special guest and others at HOPE, July 18-20: http://www.hope.net/schedule.html," it added.HOPE (Hackers On Pl.net Earth) is a well-regarded and long-running hacking conference organised by 2600 magazine. Previous speakers at the event have included Kevin Mitnick, Steve Wozniak and Jello Biafra.In other developments, ‪Cryptome‬ has started a Kickstarter fund to release its entire archive in the form of a USB stick archive. It wants t‪o‬ raise $100,000 to help it achieve its goal. More than $14,000 has already been raised.The funding drive follows a dispute between ‪Cryptome‬ and its host.network Solutions, which is owned by web.com. Access to the site was bl‪o‬cked f‪o‬ll‪o‬wing a malware infection last week. ‪Cryptome‬ f‪o‬under J‪o‬hn Y‪o‬ung criticised the host, claiming it had ‪o‬ver-reacted and had been sl‪o‬w t‪o‬ rest‪o‬re access t‪o‬ the site, which ‪Cryptome‬ criticised as a form of cens‪o‬rship.In resp‪o‬nse, ‪Cryptome‬ plans to more widely distribute its content across multiple sites as well as releasing the planned USB stick archive. ®

Yesterday morning, I wrote about the closed-door International Telecommunications Union meeting where they were working on standardizing "deep packet inspection" -- a technology crucial to mass Internet surveillance. Other standards bodies have refused to touch DPI because of the risk to Internet users that arises from making it easier to spy on them. But not the ITU. The ITU standardization effort has been conducted in secret, without public scrutiny. Now, Asher Wolf writes,

I publicly asked (via Twitter) if anyone could give me access to documents relating to the ITU's DPI recommendations, now endorsed by the U.N. The ITU's senior communications officer, Toby Johnson, emailed me a copy of their unpublished policy recommendations. OOOPS! 5 hours later, they emailed, asking me not to publish it, in part or in whole, and that it was for my eyes only. Please publish it (credit me for sending it to you.) Also note: 1. The recommendations *NEVER* discuss the impact of DPI.

2. A FEW EXAMPLES OF POTENTIAL DPI USE CITED BY THE ITU: "I.9.2 DPI engine use case: Simple fixed string matching for BitTorrent" "II.3.4 Example “Forwarding copy right protected audio content”" "II.3.6 Example “Detection of a specific transferred file from a particular user”" "II.4.2 Example “Security check – Block SIP messages (across entire SIP traffic) with specific content types”" "II.4.5 Example “Identify particular host by evaluating all RTCP SDES packets”" "II.4.6 Example “Measure Spanish Jabber traffic”" "II.4.7 Example “Blocking of dedicated games”" "II.4.11 Example “Identify uploading BitTorrent users”" "II.4.13 Example “Blocking Peer-to-Peer VoIP telephony with proprietary end-to-end application control protocols”" "II.5.1 Example “Detecting a specific Peer-to-Peer VoIP telephony with proprietary end-to-end application control protocols”"

When AT&T and Time Warner announced their $85.4 billion deal in October, lawmakers greeted the acquisition frostily. Now their tone is changing.At a hearing on Capitol Hill on Wednesday that was being closely watched for how mega-mergers will be viewed in the coming Trump administration, members of a Senate Judiciary subcommittee that oversees regulatory agencies that decide on mergers said the deal merited tough scrutiny. The chief executives of AT&T and Time Warner were grilled at the hearing about a range of issues related to the deal.But in a change from previous comments, lawmakers also questioned whether traditional ways of evaluating mergers are growing outdated as Silicon Valley companies like Facebook and Google become massive media platforms that threaten the television industry. Their tone was more circumspect than those that immediately followed the deal’s announcement, when lawmakers had been more critical.

Last week, we noted that there was an effort underway to introduce an amendment for this week's Defense Appropriations bill in the House that would effectively limit some of the most nefarious aspects of the NSA's ability to spy on Americans via two different types of backdoors: (1) so-called "backdoor searches" on Americans' information collected under Section 702 of the FISA Amendments Act and (2) mandating tech companies build in backdoors to their technology for the NSA to go snooping. The Defense Appropriations bill is expected to hit the House floor sometime soon, under open rules, meaning that the amendment in question won't be blocked by the House Rules Committee, as happens on a variety of other bills.

The amendment has powerful bipartisan backing, sponsored by Reps. James Sensenbrenner, Thomas Massie and Zoe Lofgren, along with co-sponsors Reps. Conyers, Poe, Gabbard, Jordan, O’Rourke, Amash, and Holt. Having Sensenbrenner bring out this amendment is a big deal. This amendment would restore at least one aspect of the USA Freedom Act that was stripped out at the last minute under pressure from the White House. Sensenbrenner sponsoring this bill highlights that he's clearly not satisfied with how his own bill got twisted and watered down from the original, and he's still working to put back in some of the protections that were removed. Conyers is a powerful force on the other side of the aisle, whose support for the USA Freedom Act was seen by some as a signal that the bill was "okay" to vote on. Having both of them support this Amendment suggests that neither were really that satisfied with the bill and felt pressured into supporting it.

While this Amendment doesn't fix everything, it is an important chance for members of Congress to show that they really do support protecting Americans' privacy. But they need to know that. Please contact your Representative today to let them know you want them to support this amendment. The EFF and others have set up a website, ShutTheBackDoor.net, to help you contact your official. Please do so today.