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Paul Merrell

Internet users raise funds to buy lawmakers' browsing histories in protest | TheHill - 0 views

  • House passes bill undoing Obama internet privacy rule House passes bill undoing Obama internet privacy rule TheHill.com Mesmerizing Slow-Motion Lightning Celebrate #NationalPuppyDay with some adorable puppies on Instagram 5 plants to add to your garden this Spring House passes bill undoing Obama internet privacy rule Inform News. Coming Up... Ed Sheeran responds to his 'baby lookalike' margin: 0px; padding: 0px; borde
  • Great news! The House just voted to pass SJR34. We will finally be able to buy the browser history of all the Congresspeople who voted to sell our data and privacy without our consent!” he wrote on the fundraising page.Another activist from Tennessee has raised more than $152,000 from more than 9,800 people.A bill on its way to President Trump’s desk would allow internet service providers (ISPs) to sell users’ data and Web browsing history. It has not taken effect, which means there is no growing history data yet to purchase.A Washington Post reporter also wrote it would be possible to buy the data “in theory, but probably not in reality.”A former enforcement bureau chief at the Federal Communications Commission told the newspaper that most internet service providers would cover up this information, under their privacy policies. If they did sell any individual's personal data in violation of those policies, a state attorney general could take the ISPs to court.
Paul Merrell

WikiLeaks - Vault 7: Projects - 0 views

  • Today, March 31st 2017, WikiLeaks releases Vault 7 "Marble" -- 676 source code files for the CIA's secret anti-forensic Marble Framework. Marble is used to hamper forensic investigators and anti-virus companies from attributing viruses, trojans and hacking attacks to the CIA. Marble does this by hiding ("obfuscating") text fragments used in CIA malware from visual inspection. This is the digital equivallent of a specalized CIA tool to place covers over the english language text on U.S. produced weapons systems before giving them to insurgents secretly backed by the CIA. Marble forms part of the CIA's anti-forensics approach and the CIA's Core Library of malware code. It is "[D]esigned to allow for flexible and easy-to-use obfuscation" as "string obfuscation algorithms (especially those that are unique) are often used to link malware to a specific developer or development shop." The Marble source code also includes a deobfuscator to reverse CIA text obfuscation. Combined with the revealed obfuscation techniques, a pattern or signature emerges which can assist forensic investigators attribute previous hacking attacks and viruses to the CIA. Marble was in use at the CIA during 2016. It reached 1.0 in 2015.
  • The source code shows that Marble has test examples not just in English but also in Chinese, Russian, Korean, Arabic and Farsi. This would permit a forensic attribution double game, for example by pretending that the spoken language of the malware creator was not American English, but Chinese, but then showing attempts to conceal the use of Chinese, drawing forensic investigators even more strongly to the wrong conclusion, --- but there are other possibilities, such as hiding fake error messages. The Marble Framework is used for obfuscation only and does not contain any vulnerabilties or exploits by itself.
  •  
    But it was the Russians who hacked the 2016 U.S. election. Really.
Paul Merrell

Race to Introduce Fascist Internet Regulations in Russia Continues - Now under the Bann... - 0 views

  • Russian lawmaker Vitaly Milonov, on Monday, proposed a bill aimed to ban children under the age of 14 from social media. Although the bill is touted under the banner of child protection, it also aims to introduce the mandatory submission of passport data. In January Russia introduced semi-fascist regulations to severely curb the rights of bloggers and independent media.
  • Vitaly Milnov, generally known for being ultra-conservative, introduced the controversial bill on Monday. Touting the bill under the banner of wanting to protect children and limit their access to social media the bill has far deeper implications. Parents could very well self-regulate their children’s access to social media. The bill, however, implies that it would become mandatory for social media users to submit their passport data. Moreover, the bill also proposes that the use of pseudonyms will be banned. The proposed legislation also aims to introducing strict rules, requiring two-party consent before the publication of screenshots of online correspondence. The bill reads, among others: “Social networks create a special virtual world where a person spends significant part of their life, contacting other people and essentially doing everything that they would do in real world. This world can’t be left unregulated by law. Especially now, when growing number of users are falling victim to different types of fraud.” Even though Milonov is generally viewed as ultra-conservative, there are about 62 percent of Russians who according to polls support the ban of social networks for children while 39 percent supported using passport data to create an online account, a poll by the state-funded pollster VTsIOM revealed Monday.
  • Social media has come under intense scrutiny in Russia in recent months. Disturbingly, there are very few Russians who have received independent information about the not so overtly advertised implications of this scrutiny, of the proposed bill, and of plans to create a “Russian internet” to filter “unwanted foreign content. Russia also cracks down on independent bloggers and journalists. On January 1, 2016 the Russian Federation implemented amendments to laws that further censor the internet and potentially independent media. These laws are being sold under the guise of empowering internet users and the right to protect personal information. The amendments follow legislation from 2014 that infringed on the rights of bloggers.
Paul Merrell

MoA - The Khan Sheikoun Show - A New President Proudly Presented By Trump Productions - 0 views

  • Shadowbrokers, who got hands on the NSA's top hacking tool, is a original Trump fan and voter and pissed that Trump is turning to the neocons and away from Steve Bannon: Recommended (if only for style) https://medium.com/@shadowbrokerss/dont-forget-your-base-867d304a94b1 In protest he is releasing the NSA's arsenal: https://github.com/x0rz/EQGRP The password for the EQGRP-Auction-Files is CrDj”(;Va.*NdlnzB9M?@K2)#>deB7mN Edward Snowden tweeted just now: https://twitter.com/Snowden/status/850766326943690752 "NSA just lost control of its Top Secret arsenal of digital weapons; hackers leaked it."
Paul Merrell

Symantec: CIA Linked To Cyberattacks In 16 Countries - 0 views

  • Internet and computer security company Symantec has issued a statement today related to the Vault 7 WikiLeaks documents leaked from the CIA, saying that the methods and protocols described in the documents are consistent with cyberattacks they’d been tracking for years. Symantec says they now believe that the CIA hacking tool Fluxwire is a malware that had been known as Corentry, which Symantec had previously attributed to an unknown cyberespionage group called Longhorn, which apparently was the CIA. They described Longhorn as having been active since at least 2011, and responsible for attacks in at least 16 countries across the world, targeting governments and NGOs, as well as financial, energy, and natural resource companies, things that would generally be of interest to a nation-state.
  • While the WikiLeaks themselves have been comparatively short on details, as WikiLeaks continues to share specific vulnerabilities with companies so they can fix them before the details are leaked to the general public, the ability of security companies like Symantec to link the CIA to known hacking operations could prove to be even more enlightening as to the scope of CIA cyber-espionage the world over.
Paul Merrell

'Shadow Brokers' give away more NSA hacking tools - 0 views

  • The elusive Shadow Brokers didn't have much luck selling the NSA's hacking tools, so they're giving more of the software away -- to everyone. In a Medium post, the mysterious team supplied the password for an encrypted file containing many of the Equation Group surveillance tools swiped back in 2016. Supposedly, the group posted the content in "protest" at President Trump turning his back on the people who voted for him. The leaked data appears to check out, according to researchers, but some of it is a couple of decades old and focused on platforms like Linux. If anything, the leak might backfire. Edward Snowden notes that while the leak is "nowhere near" representing the NSA's complete tool set, there's enough that the NSA should "instantly identify" where and how the kit leaked. This doesn't mean the Shadow Brokers themselves are about to face capture. However, this may give the agency info it needs to both connect the dots (how much of a role did NSA contractor Harold Thomas Martin III play in the online leak, for instance?) and prevent a repeat incident.Does this open a can of worms? It's hard to say -- researchers are still combing over the data. If there are any hacks that can be made useful, though, this could be problematic for server operators worried about cybercrime. If nothing else, it shows that the Shadow Brokers didn't reveal their full hand.
Paul Merrell

WikiLeaks just dropped the CIA's secret how-to for infecting Windows | Ars Technica - 0 views

  • WikiLeaks has published what it says is another batch of secret hacking manuals belonging to the US Central Intelligence Agency as part of its Vault7 series of leaks. The site is billing Vault7 as the largest publication of intelligence documents ever. Friday's installment includes 27 documents related to "Grasshopper," the codename for a set of software tools used to build customized malware for Windows-based computers. The Grasshopper framework provides building blocks that can be combined in unique ways to suit the requirements of a given surveillance or intelligence operation. The documents are likely to be of interest to potential CIA targets looking for signatures and other signs indicating their Windows systems were hacked. The leak will also prove useful to competing malware developers who want to learn new techniques and best practices. "Grasshopper is a software tool used to build custom installers for target computers running Microsoft Windows operating system," one user guide explained. "An operator uses the Grasshopper builder to construct a custom installation executable."
Paul Merrell

Google Caves to Russian Federal Antimonopoly Service, Agrees to Pay Fine - nsnbc intern... - 0 views

  • Google ultimately caved to Russia’s Federal Antimonopoly Service, agreeing to pay $7.8 million (438 million rubles) for violating antitrust laws. The corporate Colossus will also pay two other fines totaling an additional $18,000 (1 million rubles) for failing to comply with past orders issued by state regulators. Last year Google caved to similar demands by the European Union.
  • In August 2016 Russia’s Federal Antimonopoly Service responded to a complaint by Russian search engine operator Yandex and fined the U.S.-based Google 438 million rubles for abusing its dominant market position to force manufacturers to make Google applications the default services on devices using Android. Regulators set the fine at 9 percent of Google’s reported profits on the Russian market in 2014, plus inflation. Similar to the case against the European Union Google challenged the penalty in several appellate courts before finally agreeing this week to meet the government’s demands. The corporation also agreed to stop requiring manufacturers to install Google services as the default applications on Android-powered devices. The agreement is valid for six years and nine months, Russia’s Antimonopoly Service reported. Last year Google, after a protracted battle, caved to similar antitrust regulations by the European Union, but the internet giant has also come under fire elsewhere. In 2015 Australian treasurer Joe Hockey implied Google in his list of corporate tax thieves. In January 2016 British lawmakers decided to fry Google over tax evasion. Google and taxes were compared to the Bermuda Triangle. One year ago the dispute between the European Union’s competition watchdog and Google, culminated in the European Commission formally charging Google with abusing the dominant position of its Android mobile phone operating system, having launched an investigation in April 2015.
Paul Merrell

WikiLeaks Reveals Details Of CIA "Archimedes" Tool Used To Hack Local Area Networks - 0 views

  • In its seventh CIA leak since March 23rd, WikiLeaks has just revealed the user manual of a CIA hacking tool known as ‘Archimedes’ which is purportedly used to attack computers inside a Local Area Network (LAN).  The CIA tool works by redirecting a target’s The CIA tool works by redirecting a target’s web page search to a CIA server which serves up a web page that looks exactly like the original page they were expecting to be served, but which contains malware. It’s only possible to detect the attack by examining the page source.
Paul Merrell

'You Betrayed Us' Billboards Targeting Anti-Privacy Lawmakers Erected - 0 views

  • Billboards targeting legislators who voted to end online privacy measures earlier this year have gone up in key districts, as promised by activists. Digital rights group Fight for the Future vowed to put up the ads against Reps. Marsha Blackburn (R-Tenn.) and John Rutherford (R-Fla.), Sens. Jeff Flake (R-Ariz.) and Dean Heller (R-Nev.), as well as other lawmakers after they voted in favor of a resolution, introduced by Flake, that overturned federal rules preventing broadband providers from selling user data to third parties without consent. Blackburn, Rutherford, Flake, and Heller took large contributions from the telecommunications industry before supporting the resolution, Fight for the Future said. The billboards—paid for through a crowdfunded campaign—encourage viewers to contact the lawmakers’ offices and ask why they voted against their constituents’ privacy rights.
  • Flake’s resolution was introduced under the Congressional Review Act (CRA), which gives lawmakers the authority to overturn recently-introduced agency rules with a simple majority. The Federal Communications Commission (FCC) implemented the data-sharing ban in October. Once a rule is repealed under the CRA, an agency cannot reintroduce it without specific authorization by a new law.
Paul Merrell

FCC Votes To Start Slashing Net Neutrality Protections - 0 views

  • The Federal Communications Commission (FCC) under President Donald Trump on Thursday afternoon voted to begin slashing regulations protecting a free and open internet. The decision (pdf) ran along party lines, with the FCC’s two Republican members voting to dismantle net neutrality. Mignon Clyburn, the Commission’s Democratic member, was the sole dissenting vote. “While the majority engages in flowery rhetoric about light-touch regulation and so on, the endgame appears to be no-touch regulation and a wholesale destruction of the FCC’s public interest authority in the 21st century,” Clyburn wrote in her dissent, according to The Hill.
Paul Merrell

FCC Turns Itself into a Deregulatory Agency - WhoWhatWhy - 0 views

  • Since taking office, President Donald Trump has wasted no time in proposing rollbacks to Obama-era federal regulations. So, it should come as no surprise that the Federal Communications Commission (FCC) voted last month to propose changes to current regulations on Internet service providers. Spearheaded by Ajit Pai — the Trump-appointed FCC chairman and former lawyer for Verizon — the 2-1 vote is the first step in dismantling the Open Internet Order. The lone FCC Democrat, Mignon Clyburn, was overruled by Pai and fellow commissioner Michael O’Reilly. The 2015 order classified broadband internet as a utility under Title II of the Communications Act of 1934. Opponents of the current state of net neutrality argue that the rules are archaic and place unnecessary — even harmful — restrictions on internet service providers (ISPs), leading to lack of innovation and investment. While it’s true that policies conceived in the 1930s could hardly anticipate the complexities of the modern Internet, a complete rollback of Title II protections would leave ISPs free to favor their own services and whichever company pays for upgraded service. Considering relaxed FEC rules on media ownership and lack of antitrust enforcement, some could argue that a rollback of net neutrality is even more toxic to innovation and affordable pricing. That is, fast lanes could be created for companies with deeper pockets, effectively giving them an advantage over companies and individuals who can’t pay extra. This approach effectively penalizes small businesses, nonprofits and innovative start-ups. Today’s Internet is so vast and so pervasive that it’s hard to grasp the impact that an abandonment of net neutrality would have on every aspect of our culture.
  • While the FCC’s proposed change will touch most Americans, net neutrality remains a mystifying concept to non-techies. To help our readers better understand the issue, we have compiled some videos that explain net neutrality and its importance. The FCC will be accepting comments from the public on their website until August 16, 2017.
Paul Merrell

White House, Intel Chiefs Want To Make Digital Spying Law Permanent | HuffPost - 0 views

  • The White House and U.S. intelligence chiefs Wednesday backed making permanent a law that allows for the collection of digital communications of foreigners overseas, escalating a fight in Congress over privacy and security. The law, enshrined in Section 702 of the Foreign Intelligence Surveillance Act, is due to expire on December 31 unless Congress votes to reauthorize it, but is considered vital by U.S. intelligence agencies. Privacy advocates have criticized the law though for allowing the incidental collection of data belonging to millions of Americans without a search warrant. The push to make the law permanent may lead to a contentious debate over renewal of Section 702 in Congress, where lawmakers in both parties are deeply divided over whether to adopt transparency and oversight reforms
  • Reuters reported in March that the Trump administration supported renewal of Section 702 without any changes, citing an unnamed White House official, but it was not clear at the time whether it wanted the law made permanent.
Paul Merrell

#Vault7: CIA's secret cyberweapon can infiltrate world's most secure networks - RT Viral - 0 views

  • WikiLeaks’ latest release in its Vault7 series details how the CIA’s alleged ‘Brutal Kangaroo’ program is being used to penetrate the most secure networks in the world.
  • Brutal Kangaroo, a tool suite for Microsoft Windows, targets closed air gapped networks by using thumb drives, according to WikiLeaks.Air gapping is a security measure employed on one or more computers to ensure that a secure computer network is physically isolated from unsecured networks.
  • These networks are used by financial institutions, military and intelligence agencies, the nuclear power industry, as well as even some advanced news networks to protect sources, according to La Repubblica journalist Stefania Maurizi.READ MORE: ‘CIA’s Cherry Bomb’: WikiLeaks #Vault7 reveals wireless network targetsThese newly released documents show how closed networks not connected to the internet can be compromised by this malware. However, the tool only works on machines with a Windows operating system.Firstly, an internet-connected computer within the targeted organization is infected with the malware. When a user inserts a USB stick into this computer, the thumbdrive itself is infected with a separate malware.Once this is inserted into a single computer on the air gapped network the infection jumps – like a kangaroo – across the entire system, enabling sabotage and data theft.RELEASE: CIA air-gap jumping virus 'Emotional Simian' https://t.co/KkBnXhNtGCpic.twitter.com/w6MZFGushc— WikiLeaks (@wikileaks) June 22, 2017If multiple computers on the closed network are under CIA control, they “form a covert network to coordinate tasks and data exchange,” according to Wikileaks.Data can be returned to the CIA once again, although this does depend on someone connecting the USB used on the closed network computer to an online device.
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  • While it may not appear to be the most efficient CIA project, it allows the intelligence agency to infiltrate otherwise unreachable networks.This method is comparable to the Stuxnet virus, a cyberweapon purportedly built by the US and Israel. Stuxnet is thought to have caused substantial damage to Iran's nuclear program in 2010.The CIA allegedly began developing the Brutal Kangaroo program in 2012 – two years after Stuxnet incident in Iran.The most recent of these files were to intended to remain secret until at least 2035. The documents released by WikiLeaks are dated February 2016, indicating that the scheme was likely being used until that point.
Paul Merrell

Google Censors Block Access to CounterPunch and Other Progressive Sites - 0 views

  • Now Google, at the behest of its friends in Washington, is actively censoring – essentially blocking access to – any websites which seek to warn American workers of the ongoing effort to further attack their incomes, social services, and life conditions by the U.S. central government, and which seek to warn against the impending warfare between U.S.-led Nato and other forces against countries like Iran, Russia, and China, which have in no way threatened the U.S. state or its people
  • Under its new so-called anti-fake-news program, Google algorithms have in the past few months moved socialist, anti-war, and progressive websites from previously prominent positions in Google searches to positions up to 50 search result pages from the first page, essentially removing them from the search results any searcher will see.    CounterPunch, World Socialist Website, Democracy Now, American Civil liberties Union, Wikileaks are just a few of the websites which have experienced severe reductions in their returns from Google searches.  World Socialist Website, to cite just one example, has experienced a 67% drop in its returns from Google since the new policy was announced. This conversion of Google into a Censorship engine is not a trivial development.   Google searches are currently a primary means by which workers and other members of the public seek information about their lives and their world.  Every effort must be made to combat this serious infringement on the basic rights of freedom of speech and freedom of press.
Paul Merrell

Evidence of Google blacklisting of left and progressive sites continues to mount - Worl... - 0 views

  • A growing number of leading left-wing websites have confirmed that their search traffic from Google has plunged in recent months, adding to evidence that Google, under the cover of a fraudulent campaign against fake news, is implementing a program of systematic and widespread censorship. Truthout, a not-for-profit news website that focuses on political, social, and ecological developments from a left progressive standpoint, had its readership plunge by 35 percent since April. The Real News , a nonprofit video news and documentary service, has had its search traffic fall by 37 percent. Another site, Common Dreams , last week told the WSWS that its search traffic had fallen by up to 50 percent. As extreme as these sudden drops in search traffic are, they do not equal the nearly 70 percent drop in traffic from Google seen by the WSWS. “This is political censorship of the worst sort; it’s just an excuse to suppress political viewpoints,” said Robert Epstein, a former editor in chief of Psychology Today and noted expert on Google. Epstein said that at this point, the question was whether the WSWS had been flagged specifically by human evaluators employed by the search giant, or whether those evaluators had influenced the Google Search engine to demote left-wing sites. “What you don’t know is whether this was the human evaluators who are demoting you, or whether it was the new algorithm they are training,” Epstein said.
  • Richard Stallman, the world-renowned technology pioneer and a leader of the free software movement, said he had read the WSWS’s coverage on Google’s censorship of left-wing sites. He warned about the immense control exercised by Google over the Internet, saying, “For people’s main way of finding articles about a topic to be run by a giant corporation creates an obvious potential for abuse.” According to data from the search optimization tool SEMRush, search traffic to Mr. Stallman’s personal website, Stallman.org, fell by 24 percent, while traffic to gnu.org, operated by the Free Software Foundation, fell 19 percent. Eric Maas, a search engine optimization consultant working in the San Francisco Bay area, said his team has surveyed a wide range of alternative news sites affected by changes in Google’s algorithms since April.  “While the update may be targeting specific site functions, there is evidence that this update is promoting only large mainstream news organizations. What I find problematic with this is that it appears that some sites have been targeted and others have not.” The massive drop in search traffic to the WSWS and other left-wing sites followed the implementation of changes in Google’s search evaluation protocols. In a statement issued on April 25, Ben Gomes, the company’s vice president for engineering, stated that Google’s update of its search engine would block access to “offensive” sites, while working to surface more “authoritative content.” In a set of guidelines issued to Google evaluators in March, the company instructed its search evaluators to flag pages returning “conspiracy theories” or “upsetting” content unless “the query clearly indicates the user is seeking an alternative viewpoint.”
Paul Merrell

YouTube To Censor "Controversial" Content, ADL On Board As Flagger - 0 views

  • Chief among the groups seeking to clamp down on independent media has been Google, the massive technology company with deep connections to the U.S. intelligence community, as well as to U.S. government and business elites.
  • Since 2015, Google has worked to become the Internet’s “Ministry of Truth,” first through its creation of the First Draft Coalition and more recently via major changes made to its search engine that curtail public access to new sites independent of the corporate media.
  • Google has now stepped up its war on free speech and the freedom of the press through its popular subsidiary, YouTube. On Tuesday, YouTube announced online that it is set to begin censoring content deemed “controversial,” even if that content does not break any laws or violate YouTube’s user agreement. Misleadingly dubbed as an effort “to fight terror content online,” the new program will flag content for review through a mix of machine algorithms and “human review,” guided by standards set up by “expert NGOs and institutions” that are part of YouTube’s “Trusted Flagger” program. YouTube stated that such organizations “bring expert knowledge of complex issues like hate speech, radicalization, and terrorism.” One of the leading institutions directing the course of the Trusted Flagger program is the Anti-Defamation League (ADL). The ADL was initially founded to “stop the defamation of the Jewish people and to secure justice and fair treatment to all” but has gained a reputation over the years for labeling any critic of Israel’s government as an “anti-Semite.” For instance, characterizing Israeli policies towards the Palestinians as “racist” or “apartheid-like” is considered “hate speech” by the ADL, as is accusing Israel of war crimes or attempted ethnic cleansing. The ADL has even described explicitly Jewish organizations who are critical of Israel’s government as being “anti-Semitic.”
Paul Merrell

Open Access Can't Wait. Pass FASTR Now. | Electronic Frontier Foundation - 0 views

  • When you pay for federally funded research, you should be allowed to read it. That’s the idea behind the Fair Access to Science and Technology Research Act (S.1701, H.R.3427), which was recently reintroduced in both houses of Congress. FASTR was first introduced in 2013, and while it has strong support in both parties, it has never gained enough momentum to pass. We need to change that. Let’s tell Congress that passing an open access law should be a top priority.
  • Tell Congress: It’s time to move FASTR The proposal is pretty simple: Under FASTR, every federal agency that spends more than $100 million on grants for research would be required to adopt an open access policy. The bill gives each agency flexibility to implement an open access policy suited to the work it funds, so long as research is available to the public after an “embargo period” of a year or less. One of the major points of contention around FASTR is how long that embargo period should be. Last year, the Senate Homeland Security and Governmental Affairs Committee approved FASTR unanimously, but only after extending that embargo period from six months to 12, putting FASTR in line with the 2013 White House open access memo. That’s the version that was recently reintroduced in the Senate.  The House bill, by contrast, sets the embargo period at six months. EFF supports a shorter period. Part of what’s important about open access is that it democratizes knowledge: when research is available to the public, you don’t need expensive journal subscriptions or paid access to academic databases in order to read it. A citizen scientist can use and build on the same body of knowledge as someone with institutional connections. But in the fast-moving world of scientific research, 12 months is an eternity. A shorter embargo is far from a radical proposition, especially in 2017. The landscape for academic publishing is very different from what it was when FASTR was first introduced, thanks in larger part to nongovernmental funders who already enforce open access mandates. Major foundations like Ford, Gates, and Hewlett have adopted strong open access policies requiring that research be not only available to the public, but also licensed to allow republishing and reuse by anyone.
  • Just last year, the Gates Foundation made headlines when it dropped the embargo period from its policy entirely, requiring that research be published openly immediately. After a brief standoff, major publishers began to accommodate Gates’ requirements. As a result, we finally have public confirmation of what we’ve always known: open access mandates don’t put publishers out of business; they push them to modernize their business models. Imagine how a strong open access mandate for government-funded research—with a requirement that that research be licensed openly—could transform publishing. FASTR may not be that law, but it’s a huge step in the right direction, and it’s the best option on the table today. Let’s urge Congress to pass a version of FASTR with an embargo period of six months or less, and then use it as a foundation for stronger open access in the future.
Paul Merrell

Challenge to data transfer tool used by Facebook will go to Europe's top court | TechCr... - 0 views

  • The five-week court hearing in what is a complex case delving into detail on US surveillance operations took place in February. The court issued its ruling today. The 153-page ruling starts by noting “this is an unusual case”, before going into a detailed discussion of the arguments and concluding that the DPC’s concerns about the validity of SCCs should be referred to the European Court of Justice for a preliminary ruling. Schrems is also the man responsible for bringing, in 2013, a legal challenge that ultimately struck down Safe Harbor — the legal mechanism that had oiled the pipe for EU-US personal data flows for fifteen years before the ECJ ruled it to be invalid in October 2015. Schrems’ argument had centered on U.S. government mass surveillance programs, as disclosed via the Snowden leaks, being incompatible with fundamental European privacy rights. After the ECJ struck down Safe Harbor he then sought to apply the same arguments against Facebook’s use of SCCs — returning to Ireland to make the complaint as that’s where the company has its European HQ. It’s worth noting that the European Commission has since replaced Safe Harbor with a new (and it claims more robust) data transfer mechanism, called the EU-US Privacy Shield — which is now, as Safe Harbor was, used by thousands of businesses. Although that too is facing legal challenges as critics continue to argue there is a core problem of incompatibility between two distinct legal regimes where EU privacy rights collide with US mass surveillance.
  • Schrems’ Safe Harbor challenge also started in the Irish Court before being ultimately referred to the ECJ. So there’s more than a little legal deja vu here, especially given the latest development in the case. In its ruling on the SCC issue, the Irish Court noted that a US ombudsperson position created under Privacy Shield to handle EU citizens complaints about companies’ handling of their data is not enough to overcome what it described as “well founded concerns” raised by the DPC regarding the adequacy of the protections for EU citizens data.
  • Making a video statement outside court in Dublin today, Schrems said the Irish court had dismissed Facebook’s argument that the US government does not undertake any surveillance.
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  • In a written statement on the ruling Schrems added: “I welcome the judgement by the Irish High Court. It is important that a neutral Court outside of the US has summarized the facts on US surveillance in a judgement, after diving through more than 45,000 pages of documents in a five week hearing.
  • On Facebook, he also said: “In simple terms, US law requires Facebook to help the NSA with mass surveillance and EU law prohibits just that. As Facebook is subject to both jurisdictions, they got themselves in a legal dilemma that they cannot possibly solve in the long run.”
  • While Schrems’ original complaint pertained to Facebook, the Irish DPC’s position means many more companies that use the mechanism could face disruption if SCCs are ultimately invalidated as a result of the legal challenge to their validity.
Paul Merrell

It's A-OK for FBI agents to silence web giants, says appeals court * The Register - 0 views

  • Gagging orders in the FBI's National Security Letters are all above board and constitutional, a California court has ruled. These security letters are typically sent to internet giants demanding information on whoever is behind a username or email address. Crucially, these requests include clauses that prevent the organizations from warning specific subscribers that they are under surveillance by the Feds. Cloudflare and Credo Mobile aren't happy with that, and – with the help of rights warriors at the EFF – challenged the gagging orders. Despite earlier successes in their legal battle, the 9th US Circuit Court of Appeals ruled [PDF] on Monday that the gagging orders do not trample on First Amendment rights.
  • The FBI dishes out thousands of National Security Letters (NSLs) every year; they can simply be issued by a special agent in charge in a bureau field office, and don’t require judicial review. They allow the Feds to obtain the name, address, and records of any services used – but not the contents of conversations – plus billing records of a person, and forbid the hosting company from telling the subject, meaning those under investigation can’t challenge the decision. It used to be the case that companies couldn’t even mention the existence of the NSL system for fear of prosecution. However, in 2013 a US district court in San Francisco ruled that such extreme gagging violated the First Amendment. That decision came after Google, and later others, started publishing the number of NSL orders that had been received, in defiance of the law. In 2015 the Obama administration amended the law to allow companies limited rights to disclose NSL orders, and to set a three-year limit for the gagging order. It also set up a framework for companies to challenge the legitimacy of NSL subpoenas, and it was these changes that caused the appeals court verdict in favor of the government.
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