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Paul Merrell

Spies and internet giants are in the same business: surveillance. But we can stop them ... - 0 views

www.theguardian.com/...-harbour-ruling-edward-snowden

surveillance state NSA EU data privacy litigation

shared by Paul Merrell on 12 Oct 15 - No Cached
  • On Tuesday, the European court of justice, Europe’s supreme court, lobbed a grenade into the cosy, quasi-monopolistic world of the giant American internet companies. It did so by declaring invalid a decision made by the European commission in 2000 that US companies complying with its “safe harbour privacy principles” would be allowed to transfer personal data from the EU to the US. This judgment may not strike you as a big deal. You may also think that it has nothing to do with you. Wrong on both counts, but to see why, some background might be useful. The key thing to understand is that European and American views about the protection of personal data are radically different. We Europeans are very hot on it, whereas our American friends are – how shall I put it? – more relaxed.
  • Given that personal data constitutes the fuel on which internet companies such as Google and Facebook run, this meant that their exponential growth in the US market was greatly facilitated by that country’s tolerant data-protection laws. Once these companies embarked on global expansion, however, things got stickier. It was clear that the exploitation of personal data that is the core business of these outfits would be more difficult in Europe, especially given that their cloud-computing architectures involved constantly shuttling their users’ data between server farms in different parts of the world. Since Europe is a big market and millions of its citizens wished to use Facebook et al, the European commission obligingly came up with the “safe harbour” idea, which allowed companies complying with its seven principles to process the personal data of European citizens. The circle having been thus neatly squared, Facebook and friends continued merrily on their progress towards world domination. But then in the summer of 2013, Edward Snowden broke cover and revealed what really goes on in the mysterious world of cloud computing. At which point, an Austrian Facebook user, one Maximilian Schrems, realising that some or all of the data he had entrusted to Facebook was being transferred from its Irish subsidiary to servers in the United States, lodged a complaint with the Irish data protection commissioner. Schrems argued that, in the light of the Snowden revelations, the law and practice of the United States did not offer sufficient protection against surveillance of the data transferred to that country by the government.
  • The Irish data commissioner rejected the complaint on the grounds that the European commission’s safe harbour decision meant that the US ensured an adequate level of protection of Schrems’s personal data. Schrems disagreed, the case went to the Irish high court and thence to the European court of justice. On Tuesday, the court decided that the safe harbour agreement was invalid. At which point the balloon went up. “This is,” writes Professor Lorna Woods, an expert on these matters, “a judgment with very far-reaching implications, not just for governments but for companies the business model of which is based on data flows. It reiterates the significance of data protection as a human right and underlines that protection must be at a high level.”
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  • This is classic lawyerly understatement. My hunch is that if you were to visit the legal departments of many internet companies today you would find people changing their underpants at regular intervals. For the big names of the search and social media worlds this is a nightmare scenario. For those of us who take a more detached view of their activities, however, it is an encouraging development. For one thing, it provides yet another confirmation of the sterling service that Snowden has rendered to civil society. His revelations have prompted a wide-ranging reassessment of where our dependence on networking technology has taken us and stimulated some long-overdue thinking about how we might reassert some measure of democratic control over that technology. Snowden has forced us into having conversations that we needed to have. Although his revelations are primarily about government surveillance, they also indirectly highlight the symbiotic relationship between the US National Security Agency and Britain’s GCHQ on the one hand and the giant internet companies on the other. For, in the end, both the intelligence agencies and the tech companies are in the same business, namely surveillance.
  • And both groups, oddly enough, provide the same kind of justification for what they do: that their surveillance is both necessary (for national security in the case of governments, for economic viability in the case of the companies) and conducted within the law. We need to test both justifications and the great thing about the European court of justice judgment is that it starts us off on that conversation.
Paul Merrell

Thousands of HTML5 tests planned by Web consortium - 0 views

www.networkworld.com/...113010-html5-tests.html

W3C html5 test suite

shared by Paul Merrell on 02 Dec 10 - No Cached
  • W3C is warning against drawing any conclusions based on the early tests, saying thousands of more HTML5 tests are planned. The goal of the tests is not to declare one browser a winner, but rather to help vendors and Web application developers ensure interoperability across all browsers, W3C says.
  • "We do expect to have tens of thousands of tests," says Philippe Le Hegaret, who oversees HTML activities for the W3C. 
  • the purpose of the HTML5 test suite is to help vendors and developers ensure that HTML5 applications work across all browsers. For example, a developer might check the test results before enabling a certain feature in an application, just to make sure it will work across IE9, Firefox, Chrome, Safari and Opera. Developers can build HTML5 applications today, but they have to keep in mind that they are early adopters and act accordingly, Le Hegaret says. "If you think HTML5 is perfectly stable today and you can use it without worrying about interoperability issues, I think you're going to fool yourself," he says. Although the first round of HTML5 tests focused on desktop browsers, Le Hegaret says HTML5 compatibility is advancing more rapidly on mobile devices such as iPhones and Androids.
    • Paul Merrell
      Paul Merrell on 02 Dec 10
       
      Note the continuing, indeed, escalating abuse of the term "interoperability" by W3C. "Interoperability" has both a legal and (happily, coinciding) technical meaning that involves round-tripping of information. ISO/IEC JTC 1 Directives defines the term in precisely the same terms as the European Union's Court of First Instance did in the landmark Commmission v. Microsoft antitrust case; "interoperability is understood to be the ability of two or more IT systems to *exchange* information at one or more standardised interfaces and to make *mutual use* of the information that has been exchanged." Web browsers do not do "interoperability;" there is no "exchange" and "mutual use" of the information exchanged. Web browsers do "compatibility," a one-way transfer of information that is broadcast from web servers; i.e., web browsers cannot send web pages to web servers.
Paul Merrell

Media Queries - 0 views

www.w3.org/css3-mediaqueries

W3C Media Queries HTML4 CSS 2

shared by Paul Merrell on 15 Aug 10 - Cached
  • Abstract HTML4 and CSS2 currently support media-dependent style sheets tailored for different media types. For example, a document may use sans-serif fonts when displayed on a screen and serif fonts when printed. ‘screen’ and ‘print’ are two media types that have been defined. Media queries extend the functionality of media types by allowing more precise labeling of style sheets. A media query consists of a media type and zero or more expressions that check for the conditions of particular media features. Among the media features that can be used in media queries are ‘width’, ‘height’, and ‘color’. By using media queries, presentations can be tailored to a specific range of output devices without changing the content itself.
  • There must be at least two interoperable implementations. For the purposes of this criterion, we define the following terms: interoperable passing the respective test case(s) in the CSS test suite, or, if the implementation is not a Web browser, an equivalent test. Every relevant test in the test suite should have an equivalent test created if such a user agent (UA) is to be used to claim interoperability. In addition if such a UA is to be used to claim interoperability, then there must one or more additional UAs which can also pass those equivalent tests in the same way for the purpose of interoperability. The equivalent tests must be made publicly available for the purposes of peer review.
  • Paul Merrell on 15 Aug 10
     
    While the candidate Media Queries specification is interesting and a small step in the right direction, W3C continues to butcher the meaning of "interoperability." In this latest sleight of hand, we now have "interoperable" *user agents*, a term of art used by W3C for implementations that only receive and cannot return data, e.g., web browsers. But under competition law, "interoperability" requires implementations that can exchange data and *mutually* use data that has been exchanged. See e.g., European Commission v. Microsoft, European Community Court of First Instance (Grand Chamber Judgment of 17 September, 2007), para. 230, 374, 421, http://tinyurl.com/23md42c (rejecting Microsoft's argument that "interoperability" has a 1-way rather than 2-way meaning; "Directive 91/250 defines interoperability as 'the ability to exchange information and *mutually* to use the information which has been exchanged'") (emphasis added). W3C --- the World Wide Web Conspiracy --- continues down its rut of broadcasting information whilst denying the world the power to round-trip the data received. Incredibly, in its latest assault on the meaning of "interoperability", W3C no longer defines "conformance" but redefines the term "interoperability" as its substitute for "conformance." As though W3C could redefine the law?
Paul Merrell

Civil Rights Coalition files FCC Complaint Against Baltimore Police Department for Ille... - 0 views

www.eff.org/...baltimore-police-are-illegally

surveillance state stingrays test-case litigation

shared by Paul Merrell on 26 Aug 16 - No Cached
  • 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:
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  • The Communications Act gives the FCC the authority to regulate radio, television, wire, satellite, and cable communications in all 50 states, the District of Columbia and U.S. territories. This includes being responsible for protecting cellphone networks from disruption and ensuring that emergency calls can be completed under any circumstances. And it requires the FCC to ensure that access to networks is available “to all people of the United States, without discrimination on the basis of race, color, religion, national origin, or sex.” Considering that the spectrum law enforcement is utilizing without permission is public property leased to private companies for the purpose of providing them next generation wireless communications, it goes without saying that the FCC has a duty to act.
  • But we should not assume that the Baltimore Police Department is an outlier—EFF has found that law enforcement has been secretly using stingrays for years and across the country. No community should have to speculate as to whether such a powerful surveillance technology is being used on its residents. Thus, we also ask the FCC to engage in a rule-making proceeding that addresses not only the problem of harmful interference but also the duty of every police department to use Stingrays in a constitutional way, and to publicly disclose—not hide—the facts around acquisition and use of this powerful wireless surveillance technology.  Anyone can support the complaint by tweeting at FCC Commissioners or by signing the petitions hosted by Color of Change or MAG-Net.
  • Paul Merrell on 26 Aug 16
     
    An important test case on the constitutionality of stingray mobile device surveillance.
Gary Edwards

WhiteHat Aviator - The most secure browser online - 1 views

www.whitehatsec.com/aviator

Google-Chrome WhiteHat-Aviator Security Browser-Wars

shared by Gary Edwards on 22 Oct 13 - No Cached
  • Gary Edwards on 22 Oct 13
     
    "FREQUENTLY ASKED QUESTIONS What is WhiteHat Aviator? WhiteHat Aviator; is the most secure , most private Web browser available anywhere. By default, it provides an easy way to bank, shop, and use social networks while stopping viruses from infecting computers, preventing accounts from being hacked, and blocking advertisers from invisibly spying on every click. Why do I need a secure Web browser? According to CA Technologies, 84 percent of hacker attacks in 2009 took advantage of vulnerabilities in Web browsers. Similarly, Symantec found that four of the top five vulnerabilities being exploited were client-side vulnerabilities that were frequently targeted by Web-based attacks. The fact is, that when you visit any website you run the risk of having your surfing history, passwords, real name, workplace, home address, phone number, email, gender, political affiliation, sexual preferences, income bracket, education level, and medical history stolen - and your computer infected with viruses. Sadly, this happens on millions of websites every day. Before you have any chance at protecting yourself, other browsers force you to follow complicated how-to guides, modify settings that only serve advertising empires and install obscure third-party software. What makes WhiteHat Aviator so secure? WhiteHat Aviator; is built on Chromium, the same open-source foundation used by Google Chrome. Chromium has several unique, powerful security features. One is a "sandbox" that prevents websites from stealing files off your computer or infecting it with viruses. As good as Chromium is, we went much further to create the safest online experience possible. WhiteHat Aviator comes ready-to-go with hardened security and privacy settings, giving hackers less to work with. And our browser downloads to you - without any hidden user-tracking functionality. Our default search engine is DuckDuckGo - not Google, which logs your activity. For good measure, Aviator integrates Disconnect
Paul Merrell

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

nakedsecurity.sophos.com/...-in-germany-to-evade-us-spying

surveillance state NSA FBI EU data-centers privacy

shared by Paul Merrell on 14 Nov 15 - No Cached
  • Microsoft's new plan to keep the US government's hands off its customers' data: Germany will be a safe harbor in the digital privacy storm. Microsoft on Wednesday announced that beginning in the second half of 2016, it will give foreign customers the option of keeping data in new European facilities that, at least in theory, should shield customers from US government surveillance. It will cost more, according to the Financial Times, though pricing details weren't forthcoming. Microsoft Cloud - including Azure, Office 365 and Dynamics CRM Online - will be hosted from new datacenters in the German regions of Magdeburg and Frankfurt am Main. Access to data will be controlled by what the company called a German data trustee: T-Systems, a subsidiary of the independent German company Deutsche Telekom. Without the permission of Deutsche Telekom or customers, Microsoft won't be able to get its hands on the data. If it does get permission, the trustee will still control and oversee Microsoft's access.
  • Microsoft CEO Satya Nadella dropped the word "trust" into the company's statement: Microsoft’s mission is to empower every person and every individual on the planet to achieve more. Our new datacenter regions in Germany, operated in partnership with Deutsche Telekom, will not only spur local innovation and growth, but offer customers choice and trust in how their data is handled and where it is stored.
  • On Tuesday, at the Future Decoded conference in London, Nadella also announced that Microsoft would, for the first time, be opening two UK datacenters next year. The company's also expanding its existing operations in Ireland and the Netherlands. Officially, none of this has anything to do with the long-drawn-out squabbling over the transatlantic Safe Harbor agreement, which the EU's highest court struck down last month, calling the agreement "invalid" because it didn't protect data from US surveillance. No, Nadella said, the new datacenters and expansions are all about giving local businesses and organizations "transformative technology they need to seize new global growth." But as Diginomica reports, Microsoft EVP of Cloud and Enterprise Scott Guthrie followed up his boss’s comments by saying that yes, the driver behind the new datacenters is to let customers keep data close: We can guarantee customers that their data will always stay in the UK. Being able to very concretely tell that story is something that I think will accelerate cloud adoption further in the UK.
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  • Microsoft and T-Systems' lawyers may well think that storing customer data in a German trustee data center will protect it from the reach of US law, but for all we know, that could be wishful thinking. Forrester cloud computing analyst Paul Miller: To be sure, we must wait for the first legal challenge. And the appeal. And the counter-appeal. As with all new legal approaches, we don’t know it is watertight until it is challenged in court. Microsoft and T-Systems’ lawyers are very good and say it's watertight. But we can be sure opposition lawyers will look for all the holes. By keeping data offshore - particularly in Germany, which has strong data privacy laws - Microsoft could avoid the situation it's now facing with the US demanding access to customer emails stored on a Microsoft server in Dublin. The US has argued that Microsoft, as a US company, comes under US jurisdiction, regardless of where it keeps its data.
  • Running away to Germany isn't a groundbreaking move; other US cloud services providers have already pledged expansion of their EU presences, including Amazon's plan to open a UK datacenter in late 2016 that will offer what CTO Werner Vogels calls "strong data sovereignty to local users." Other big data operators that have followed suit: Salesforce, which has already opened datacenters in the UK and Germany and plans to open one in France next year, as well as new EU operations pledged for the new year by NetSuite and Box. Can Germany keep the US out of its datacenters? Can Ireland? Time, and court cases, will tell.
  • Paul Merrell on 14 Nov 15
     
    The European Community's Court of Justice decision in the Safe Harbor case --- and Edward Snowden --- are now officially downgrading the U.S. as a cloud data center location. NSA is good business for Europeans looking to displace American cloud service providers, as evidenced by Microsoft's decision. The legal test is whether Microsoft has "possession, custody, or control" of the data. From the info given in the article, it seems that Microsoft has done its best to dodge that bullet by moving data centers to Germany and placing their data under the control of a European company. Do ownership of the hardware and profits from their rent mean that Microsoft still has "possession, custody, or control" of the data? The fine print of the agreement with Deutsche Telekom and the customer EULAs will get a thorough going over by the Dept. of Justice for evidence of Microsoft "control" of the data. That will be the crucial legal issue. The data centers in Germany may pass the test. But the notion that data centers in the UK can offer privacy is laughable; the UK's legal authority for GCHQ makes it even easier to get the data than the NSA can in the U.S.  It doesn't even require a court order. 
Paul Merrell

FBI Flouts Obama Directive to Limit Gag Orders on National Security Letters - The Inter... - 0 views

firstlook.org/...ders-national-security-letters

surveillance state FBI NSLs litigation 1st Amendment civil-liberties

shared by Paul Merrell on 24 Feb 15 - No Cached
  • Despite the post-Snowden spotlight on mass surveillance, the intelligence community’s easiest end-run around the Fourth Amendment since 2001 has been something called a National Security Letter. FBI agents can demand that an Internet service provider, telephone company or financial institution turn over its records on any number of people — without any judicial review whatsoever — simply by writing a letter that says the information is needed for national security purposes. The FBI at one point was cranking out over 50,000 such letters a year; by the latest count, it still issues about 60 a day. The letters look like this:
  • Recipients are legally required to comply — but it doesn’t stop there. They also aren’t allowed to mention the order to anyone, least of all the person whose data is being searched. Ever. That’s because National Security Letters almost always come with eternal gag orders. Here’s that part:
  • Despite the use of the word “now” in that first sentence, however, the FBI has yet to do any such thing. It has not announced any such change, nor explained how it will implement it, or when. Media inquiries were greeted with stalling and, finally, a no comment — ostensibly on advice of legal counsel. “There is pending litigation that deals with a lot of the same questions you’re asking, out of the Ninth Circuit,” FBI spokesman Chris Allen told me. “So for now, we’ll just have to decline to comment.” FBI lawyers are working on a court filing for that case, and “it will address” the new policy, he said. He would not say when to expect it.
  • ...6 more annotations...
  • That means the NSL process utterly disregards the First Amendment as well. More than a year ago, President Obama announced that he was ordering the Justice Department to terminate gag orders “within a fixed time unless the government demonstrates a real need for further secrecy.” And on Feb. 3, when the Office of the Director of National Intelligence announced a handful of baby steps resulting from its “comprehensive effort to examine and enhance [its] privacy and civil liberty protections” one of the most concrete was — finally — to cap the gag orders: In response to the President’s new direction, the FBI will now presumptively terminate National Security Letter nondisclosure orders at the earlier of three years after the opening of a fully predicated investigation or the investigation’s close. Continued nondisclosures orders beyond this period are permitted only if a Special Agent in Charge or a Deputy Assistant Director determines that the statutory standards for nondisclosure continue to be satisfied and that the case agent has justified, in writing, why continued nondisclosure is appropriate.
  • There is indeed a significant case currently before the federal appeals court in San Francisco. Oral arguments were in October. A decision could come any time. But in that case, the Electronic Frontier Foundation (EFF), which is representing two unnamed communications companies that received NSLs, is calling for the entire NSL statute to be thrown out as unconstitutional — not for a tweak to the gag. And it has a March 2013 district court ruling in its favor. “The gag is a prior restraint under the First Amendment, and prior restraints have to meet an extremely high burden,” said Andrew Crocker, a legal fellow at EFF. That means going to court and meeting the burden of proof — not just signing a letter. Or as the Cato Institute’s Julian Sanchez put it, “To have such a low bar for denying persons or companies the right to speak about government orders they have been served with is anathema. And it is not very good for accountability.”
  • In a separate case, a wide range of media companies (including First Look Media, the non-profit digital media venture that produces The Intercept) are supporting a lawsuit filed by Twitter, demanding the right to say specifically how many NSLs it has received. But simply releasing companies from a gag doesn’t assure the kind of accountability that privacy advocates are saying is required by the Constitution. “What the public has to remember is a NSL is asking for your information, but it’s not asking it from you,” said Michael German, a former FBI agent who is now a fellow with the Brennan Center for Justice. “The vast majority of these things go to the very large telecommunications and financial companies who have a large stake in maintaining a good relationship with the government because they’re heavily regulated entities.”
  • So, German said, “the number of NSLs that would be exposed as a result of the release of the gag order is probably very few. The person whose records are being obtained is the one who should receive some notification.” A time limit on gags going forward also raises the question of whether past gag orders will now be withdrawn. “Obviously there are at this point literally hundreds of thousands of National Security Letters that are more than three years old,” said Sanchez. Individual review is therefore unlikely, but there ought to be some recourse, he said. And the further back you go, “it becomes increasingly implausible that a significant percentage of those are going to entail some dire national security risk.” The NSL program has a troubled history. The absolute secrecy of the program and resulting lack of accountability led to systemic abuse as documented by repeated inspector-general investigations, including improperly authorized NSLs, factual misstatements in the NSLs, improper requests under NSL statutes, requests for information based on First Amendment protected activity, “after-the-fact” blanket NSLs to “cover” illegal requests, and hundreds of NSLs for “community of interest” or “calling circle” information without any determination that the telephone numbers were relevant to authorized national security investigations.
  • Obama’s own hand-selected “Review Group on Intelligence and Communications Technologies” recommended in December 2013 that NSLs should only be issued after judicial review — just like warrants — and that any gag should end within 180 days barring judicial re-approval. But FBI director James Comey objected to the idea, calling NSLs “a very important tool that is essential to the work we do.” His argument evidently prevailed with Obama.
  • NSLs have managed to stay largely under the American public’s radar. But, Crocker says, “pretty much every time I bring it up and give the thumbnail, people are shocked. Then you go into how many are issued every year, and they go crazy.” Want to send me your old NSL and see if we can set a new precedent? Here’s how to reach me. And here’s how to leak to me.
Gary Edwards

Is Microsoft On The Verge Of A Sudden Collapse Predicted By Catastrophe Theory? - Forbes - 1 views

www.forbes.com/...redicted-by-catastrophe-theory

Microsoft Microsoft-Death-Spiral

shared by Gary Edwards on 27 Nov 12 - No Cached
  • Gary Edwards on 27 Nov 12
     
    Forbes magazine has a doom and gloom Microsoft article that "ends on a note of doom".  They lampoon Windows 8 using the reviews of other bloggers like Charlie Demerjian, "Microsoft has failed". http://goo.gl/H4mZc The end of Microsoft though comes from the inability of Microsoft to change course.  In short, Microsoft has fallen into a death spiral consistent with Catastrophe theory (http://goo.gl/6CWwY). No comment or mention of Microsoft Cloud efforts:  Azure, Live.com, or SkyDrive. excerpt: In the end, the death spiral for Microsoft is in full effect, and management is expending a lot of effort to speed it up. Anyone who dares point out that the entire system is collapsing, or worse yet suggests an alternative, gets Sinofsky'd. Or was it Guggenheimer'd? In any case, Microsoft is unwilling to change, and that is very clear. Even if they wanted to, they are culturally far beyond the point of being able to. What was a slow bleed of marketshare is now gushing, and management is clueless, intransigent, and myopic. Game over, the thrashing will continue for a bit, but it won't change the outcome. Microsoft has failed. I hope this isn't true. Microsoft has been a stabilizing force in the market and many users are very attached to its products. For the first time, however, businesses can look to Google and to Apple and see plausible, battle-tested alternatives to the products they have used from Microsoft-for much less money. And in a bizarre way, Microsofts spasm of innovation has made the company now a destabilizing factor for IT departments and Google Docs is looking an awful lot like the old guard. The big question is how fast Microsoft might collapse if businesses began to defect en masse. Like other phenomena of global instability, extreme change seems to come quicker now. For Microsoft, the window is closing fast."
Gary Edwards

Inbox Unchained: Mailbox just fixed email on the iPhone | The Verge - 0 views

www.theverge.com/...app-for-iphone-inbox-unchained

Mailbox GTD Gentry-Underwood

shared by Gary Edwards on 07 Feb 13 - No Cached
  • Gary Edwards on 07 Feb 13
     
    Good video demonstration of Mailbox, the new iOS app that will be released in the future for Android and the desktop.  Excellent Productivity issue discussion, as the founder of Mailbox explains what they are trying to do.  An excellent video coupled with a great interview and explanation of mobile productivity.   excerpt: "He asked himself, "What are people trying to do with email? What are the goals?" He started with Apple's Mail app for iPhone, which people were already familiar with, and injected elements of to-do apps he liked, since increasingly people are using their inboxes as to-do lists. The point was to create an experience that was distinctly mobile - an app that would let you take meaningful action while you're in line at Starbucks. Mailbox needed to intelligently display emails so you can parse and deal with them as quickly as possible. Most email apps require two or three taps to archive an email - perhaps the most common action you take on emails while you're mobile - but Mailbox only requires one: a swipe to the side. "Our biggest a-ha moment was when we realized that the primary use case of email on the phone is triage," Underwood says. Mailbox takes the reality of people using their inboxes as to-do lists and and builds on what Mail and Sparrow did right (push notifications and nicely threaded messages, respectively). SNOOZING MESSAGES To conserve space, Mailbox turns email conversations into SMS-like bubbles, which lets you quickly fly through an entire email chain. Once you've read a message, it shrinks in size so skimming threads is a snap. "Email will feel more and more like chat, and we'll continue to iterate towards that," Underwood says. "EMAIL WILL FEEL MORE AND MORE LIKE CHAT, AND WE'LL CONTINUE TO ITERATE TOWARDS THAT." Mailbox introduces a few other gestures, such as a swipe to the left that lets you "snooze" a message to be reminded about later. You can choose between a few snooze options: Later Today, This Eveni
Paul Merrell

First Look Publishes Open Source Code To Advance Privacy, Security, and Journalism - Th... - 0 views

firstlook.org/...uments-create-warrant-canaries

surveillance state warrant-canaries First-Look Internet-fights-back

shared by Paul Merrell on 28 May 15 - No Cached
  • 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.
  • Paul Merrell on 28 May 15
     
    The internet continues to fight back against the Dark State. On the unsettled nature of the law in regard to use of warrant canaries in the U.S. see EFF's faq: https://www.eff.org/deeplinks/2014/04/warrant-canary-faq (it needs a test case).
Paul Merrell

Transparency Toolkit - 0 views

transparencytoolkit.org/about.html

transparency transparency-tools research-resources

shared by Paul Merrell on 30 May 14 - No Cached
  • About Transparency Toolkit We need information about governments, companies, and other institutions to uncover corruption, human rights abuses, and civil liberties violations. Unfortunately, the information provided by most transparency initiatives today is difficult to understand and incomplete. Transparency Toolkit is an open source web application where journalists, activists, or anyone can chain together tools to rapidly collect, combine, visualize, and analyze documents and data. For example, Transparency Toolkit can be used to get data on all of a legislator’s actions in congress (votes, bills sponsored, etc.), get data on the fundraising parties a legislator attends, combine that data, and show it on a timeline to find correlations between actions in congress and parties attended. It could also be used to extract all locations from a document and plot them on a map where each point is linked to where the location was mentioned in the document.
  • Analysis Platform On the analysis platform, users can add steps to the analysis process. These steps chain together the tools, so someone could scrape data, upload a document, crossreference that with the scraped data, and then visualize the result all in less than a minute with little technical knowledge. Some of the tools allow users to specify input, but when this is not the case the output of the last step is the input of the next. Tools Existing and planned Transparency Toolkit tools include include scrapers and APIs for accessing data, format converters, extraction tools (for dates, names, locations, numbers), tools for crossreferencing and merging data, visualizations (maps, timelines, network graphs, maps), and pattern and trend detecting tools. These tools are designed to work in many cases rather than a single specific situation. The tools can be linked together on Transparency Toolkit, but they are also available individually. Where possible, we build our tools off of existing open source software. Road Map You can see the plans for future development of Transparency Toolkit here.
  • Paul Merrell on 30 May 14
     
    If you think this isn't a tool for some very serious research, check the short descriptions of the modules here. https://github.com/transparencytoolkit I'll be installing this and doing some test-driving soon. From the source files, the glue for the tools seems to be Ruby on Rails. The development roadmap linked from the last word on this About page is also highly instructive. It ranks among the most detailed dev roadmaps I have ever seen. Notice that it is classified by milestones with scheduled work periods, giving specific date ranges for achievement. Even given the inevitable need to alter the schedule for unforeseen problems, this is a very aggressive (not quite the word I want) development plan and schedule. And the planned changes look to be super-useful, including a lot of "make it easier for the user" changes.   
Paul Merrell

Google book-scanning project legal, says U.S. appeals court | Reuters - 0 views

www.reuters.com/...le-books-idUSKCN0SA1S020151016

Google-Books litigation fair-use copyright law

shared by Paul Merrell on 17 Oct 15 - No Cached
  • A U.S. appeals court ruled on Friday that Google's massive effort to scan millions of books for an online library does not violate copyright law, rejecting claims from a group of authors that the project illegally deprives them of revenue.The 2nd U.S. Circuit Court of Appeals in New York rejected infringement claims from the Authors Guild and several individual writers, and found that the project provides a public service without violating intellectual property law.
  • Google argued that the effort would actually boost book sales by making it easier for readers to find works, while introducing them to books they might not otherwise have seen.A lawyer for the authors did not immediately respond to a request for comment.Google had said it could face billions of dollars in potential damages if the authors prevailed. Circuit Judge Denny Chin, who oversaw the case at the lower court level, dismissed the litigation in 2013, prompting the authors' appeal.Chin found Google's scanning of tens of millions of books and posting "snippets" online constituted "fair use" under U.S. copyright law.A unanimous three-judge appeals panel said the case "tests the boundaries of fair use," but found Google's practices were ultimately allowed under the law. "Google’s division of the page into tiny snippets is designed to show the searcher just enough context surrounding the searched term to help her evaluate whether the book falls within the scope of her interest (without revealing so much as to threaten the author’s copyright interests)," Circuit Judge Pierre Leval wrote for the court.
  • The 2nd Circuit had previously rejected a similar lawsuit from the Authors Guild in June 2014 against a consortium of universities and research libraries that built a searchable online database of millions of scanned works.The case is Authors Guild v. Google Inc, 2nd U.S. Circuit Court of Appeals, No. 13-4829.
Paul Merrell

How Edward Snowden Changed Everything | The Nation - 0 views

www.thenation.com/...ard-snowden-changed-everything

surveillance state Snowden Wizner state-of-play civil-liberties must-read

shared by Paul Merrell on 16 Nov 15 - No Cached
  • Ben Wizner, who is perhaps best known as Edward Snowden’s lawyer, directs the American Civil Liberties Union’s Speech, Privacy & Technology Project. Wizner, who joined the ACLU in August 2001, one month before the 9/11 attacks, has been a force in the legal battles against torture, watch lists, and extraordinary rendition since the beginning of the global “war on terror.” Ad Policy On October 15, we met with Wizner in an upstate New York pub to discuss the state of privacy advocacy today. In sometimes sardonic tones, he talked about the transition from litigating on issues of torture to privacy advocacy, differences between corporate and state-sponsored surveillance, recent developments in state legislatures and the federal government, and some of the obstacles impeding civil liberties litigation. The interview has been edited and abridged for publication.
  • en Wizner, who is perhaps best known as Edward Snowden’s lawyer, directs the American Civil Liberties Union’s Speech, Privacy & Technology Project. Wizner, who joined the ACLU in August 2001, one month before the 9/11 attacks, has been a force in the legal battles against torture, watch lists, and extraordinary rendition since the beginning of the global “war on terror.” Ad Policy On October 15, we met with Wizner in an upstate New York pub to discuss the state of privacy advocacy today. In sometimes sardonic tones, he talked about the transition from litigating on issues of torture to privacy advocacy, differences between corporate and state-sponsored surveillance, recent developments in state legislatures and the federal government, and some of the obstacles impeding civil liberties litigation. The interview has been edited and abridged for publication.
  • Many of the technologies, both military technologies and surveillance technologies, that are developed for purposes of policing the empire find their way back home and get repurposed. You saw this in Ferguson, where we had military equipment in the streets to police nonviolent civil unrest, and we’re seeing this with surveillance technologies, where things that are deployed for use in war zones are now commonly in the arsenals of local police departments. For example, a cellphone surveillance tool that we call the StingRay—which mimics a cellphone tower and communicates with all the phones around—was really developed as a military technology to help identify targets. Now, because it’s so inexpensive, and because there is a surplus of these things that are being developed, it ends up getting pushed down into local communities without local democratic consent or control.
  • ...4 more annotations...
  • SG & TP: How do you see the current state of the right to privacy? BW: I joked when I took this job that I was relieved that I was going to be working on the Fourth Amendment, because finally I’d have a chance to win. That was intended as gallows humor; the Fourth Amendment had been a dishrag for the last several decades, largely because of the war on drugs. The joke in civil liberties circles was, “What amendment?” But I was able to make this joke because I was coming to Fourth Amendment litigation from something even worse, which was trying to sue the CIA for torture, or targeted killings, or various things where the invariable outcome was some kind of non-justiciability ruling. We weren’t even reaching the merits at all. It turns out that my gallows humor joke was prescient.
  • The truth is that over the last few years, we’ve seen some of the most important Fourth Amendment decisions from the Supreme Court in perhaps half a century. Certainly, I think the Jones decision in 2012 [U.S. v. Jones], which held that GPS tracking was a Fourth Amendment search, was the most important Fourth Amendment decision since Katz in 1967 [Katz v. United States], in terms of starting a revolution in Fourth Amendment jurisprudence signifying that changes in technology were not just differences in degree, but they were differences in kind, and require the Court to grapple with it in a different way. Just two years later, you saw the Court holding that police can’t search your phone incident to an arrest without getting a warrant [Riley v. California]. Since 2012, at the level of Supreme Court jurisprudence, we’re seeing a recognition that technology has required a rethinking of the Fourth Amendment at the state and local level. We’re seeing a wave of privacy legislation that’s really passing beneath the radar for people who are not paying close attention. It’s not just happening in liberal states like California; it’s happening in red states like Montana, Utah, and Wyoming. And purple states like Colorado and Maine. You see as many libertarians and conservatives pushing these new rules as you see liberals. It really has cut across at least party lines, if not ideologies. My overall point here is that with respect to constraints on government surveillance—I should be more specific—law-enforcement government surveillance—momentum has been on our side in a way that has surprised even me.
  • Do you think that increased privacy protections will happen on the state level before they happen on the federal level? BW: I think so. For example, look at what occurred with the death penalty and the Supreme Court’s recent Eighth Amendment jurisprudence. The question under the Eighth Amendment is, “Is the practice cruel and unusual?” The Court has looked at what it calls “evolving standards of decency” [Trop v. Dulles, 1958]. It matters to the Court, when it’s deciding whether a juvenile can be executed or if a juvenile can get life without parole, what’s going on in the states. It was important to the litigants in those cases to be able to show that even if most states allowed the bad practice, the momentum was in the other direction. The states that were legislating on this most recently were liberalizing their rules, were making it harder to execute people under 18 or to lock them up without the possibility of parole. I think you’re going to see the same thing with Fourth Amendment and privacy jurisprudence, even though the Court doesn’t have a specific doctrine like “evolving standards of decency.” The Court uses this much-maligned test, “Do individuals have a reasonable expectation of privacy?” We’ll advance the argument, I think successfully, that part of what the Court should look at in considering whether an expectation of privacy is reasonable is showing what’s going on in the states. If we can show that a dozen or eighteen state legislatures have enacted a constitutional protection that doesn’t exist in federal constitutional law, I think that that will influence the Supreme Court.
  • The question is will it also influence Congress. I think there the answer is also “yes.” If you’re a member of the House or the Senate from Montana, and you see that your state legislature and your Republican governor have enacted privacy legislation, you’re not going to be worried about voting in that direction. I think this is one of those places where, unlike civil rights, where you saw most of the action at the federal level and then getting forced down to the states, we’re going to see more action at the state level getting funneled up to the federal government.
  • Paul Merrell on 16 Nov 15
     
    A must-read. Ben Wizner discusses the current climate in the courts in government surveillance cases and how Edward Snowden's disclosures have affected that, and much more. Wizner is not only Edward Snowden's lawyer, he is also the coordinator of all ACLU litigation on electronic surveillance matters.
Paul Merrell

Apple could use Brooklyn case to pursue details about FBI iPhone hack: source | Reuters - 0 views

www.reuters.com/...apple-encryption-idUSKCN0WU1RF

surveillance state Apple FBI Brooklyn iPhone security

shared by Paul Merrell on 31 Mar 16 - No Cached
  • If the U.S. Department of Justice asks a New York court to force Apple Inc to unlock an iPhone, the technology company could push the government to reveal how it accessed the phone which belonged to a shooter in San Bernardino, a source familiar with the situation said.The Justice Department will disclose over the next two weeks whether it will continue with its bid to compel Apple to help access an iPhone in a Brooklyn drug case, according to a court filing on Tuesday.The Justice Department this week withdrew a similar request in California, saying it had succeeded in unlocking an iPhone used by one of the shooters involved in a rampage in San Bernardino in December without Apple's help.The legal dispute between the U.S. government and Apple has been a high-profile test of whether law enforcement should have access to encrypted phone data.
  • Apple, supported by most of the technology industry, says anything that helps authorities bypass security features will undermine security for all users. Government officials say that all kinds of criminal investigations will be crippled without access to phone data.Prosecutors have not said whether the San Bernardino technique would work for other seized iPhones, including the one at issue in Brooklyn. Should the Brooklyn case continue, Apple could pursue legal discovery that would potentially force the FBI to reveal what technique it used on the San Bernardino phone, the source said. A Justice Department representative did not have immediate comment.
Paul Merrell

Wikimedia and Twitter Bots Are Breaking the News | Motherboard - 0 views

motherboard.vice.com/...ter-bots-are-breaking-the-news

reporter-bots

shared by Paul Merrell on 05 Apr 14 - No Cached
  • We already knew that bots were writing news content, automating narrative stories from data-rich topics like sports scores and financial markets. Now, robo-reporters are starting to get scoops. They're not just writing stories; they're breaking them. Thomas Steiner, a Google engineer in Germany, designed an algorithm that covers the news as it's breaking by monitoring activity on Wikipedia (old school journalists everywhere are wincing) and watching for spikes in editing activity. The idea is that if something big is happening—especially if it’s a global event—multiple editors around the world will be updating Wikipedia and Wikidata pages at once, in different languages. That spike in activity tips off the bot to the story. According to Steiner, his news bot spotted major stories like the Boston Marathon bombing and the disappearance of Malaysia Airlines MH370.
  • The bare-bones site tracking real-time editing is called Wikipedia Live Monitor. It was first created last year, and now Steiner's has extended his robo-news operation to Twitter. The bot mines the social media site for a particular search term triggered by the Wikipedia activity and pulls out all relevant photos to illustrate the story.
  • You can check out the visual news events on the Twitter bot account @mediagalleries. The earliest are from a case study Steiner did to test out the program during the Olympics in Sochi. More recently, there are galleries illustrating major sports events, and the latest updates to flight MH370 and the conflict in Crimea.
  • ...2 more annotations...
  • You can see, it's still a rudimentary process, hardly about to put the staff of the New York Times out of business. But it says a lot about the direction automating the news is heading in.
  • Still, the Fourth Estate is one of the more disconcerting industries being taken over by robots, and not just because it’s my own livelihood. And it’s more common than you think; Kristian Hammond, cofounder of Narrative Science, a company that's been automating content for several years now, predicted that 90 percent of the news could be written by computers by 2030.
Paul Merrell

Whistleblowers File $100 Million Suit against NSA, FBI - WhoWhatWhy - 0 views

whowhatwhy.org/...0-million-suit-against-nsa-fbi

surveillance state NSA whistleblower-retaliation litigation Drake Loomis Wiebe Binney Roark

shared by Paul Merrell on 01 Sep 15 - No Cached
  • In a $100 million lawsuit that has garnered virtually no public attention, five National Security Agency (NSA) whistleblowers are accusing the federal government of illegally retaliating against them for alerting the NSA and Congress to a waste of taxpayer funds that benefitted a well-connected contractor.The lawsuit tells the story of the infancy of the NSA’s efforts to surveil the Internet. Back then, there were two programs for the spying agency to choose from — and the first was called ThinThread. It had been developed internally, was comparatively inexpensive, had been tested and proven to be effective, and included safeguards preventing the spying on Americans without a court warrant. The other was called Trailblazer. It did not include such safeguards, had not yet been shown to be effective, and cost 1,000 times more than ThinThread. Instead of being developed internally, it was to be outsourced to Science Applications International Corporation (SAIC), a politically connected contractor.The NSA chose Trailblazer.
  • In response, four NSA employees who had worked on ThinThread, as well as a congressional staffer, alerted Congress and the Office of the Inspector General of the NSA that the agency was wasting taxpayer funds. That is when their troubles began, according to the lawsuit.It alleges that the defendants, which include the NSA, FBI, and the Department of Justice, as well as individuals associated with them, “knowingly and intentionally fabricated” a claim that the plaintiffs leaked classified information to New York Times reporters Eric Lichtblau and James Risen.“[The defendants] used this fabricated claim for retaliation, illegal searches and seizures, physical invasion of their residences and places of business, temporary false imprisonment, the confiscation of their property, cancellation of security clearances leading to the loss of their jobs and employment, intentional infliction of emotional distress, harassment and intimidation,” the lawsuit alleges.It also states that the defendants should have known that the plaintiffs were not the leaks because the NSA “was tracking all domestic telephone calls for the supposed purpose of protecting national security.”
  • The plaintiffs are former NSA employees Thomas Drake, Ed Loomis, J. Kirk Wiebe, William Binney, and former congressional staffer Diane Roark. They seek “punitive damages in excess of $100 million because of Defendants [sic] callous and reckless indifference and malicious acts …” as well as well as an additional $15 million for lost wages and to cover costs.Larry Klayman, the prominent conservative public interest attorney and founder of Judicial Watch, filed the suit on August 20th. However, it is expected to be amended this week, and it is possible that additional publicity for the case will be sought then.
Paul Merrell

U.S. looking at ways to hold Zuckerberg accountable for Facebook's problems - 0 views

www.nbcnews.com/...le-facebook-s-problems-n996231

Facebook Zuckerberg FTC privacy-violations

shared by Paul Merrell on 19 Apr 19 - No Cached
  • Federal regulators are discussing whether and how to hold Facebook Chief Executive Mark Zuckerberg personally accountable for the company's history of mismanaging users' private data, two sources familiar with the discussions told NBC News on Thursday.The sources wouldn't elaborate on what measures are specifically under consideration. The Washington Post, which first reported the development, reported that regulators were exploring increased oversight of Zuckerberg's leadership.While Facebook has come under scrutiny for its privacy practices for years, both of the Democratic members of the FTC have said the agency should target individual executives when appropriate.Justin Brookman, a former policy director for technology research at the Federal Trade Commission, or FTC, said Thursday night that while the FTC can name individual company leaders if they directed, controlled and knew about any wrongdoing, "they typically only use that authority in fraud-like cases, so far as I can tell."
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