EFF to Urge True Transparency in Congressional Hearing Thursday: Via EFF.org Updates.

Washington, D.C. - On Thursday, March 18, at 2 p.m., members of the U.S. House of Representatives Oversight and Government Reform Committee will hold a public hearing on the Freedom of Information Act (FOIA) and the Obama administration compliance with transparency law. The hearing comes as transparency advocates celebrate Sunshine Week, the annual celebration of our nation's open government laws that features numerous events measuring the progress made in combating official secrecy.

Senior Counsel David Sobel of the Electronic Frontier Foundation (EFF) will testify at Thursday's hearing, urging the White House to fulfill its promises for open government. Despite President Obama's order to government agencies last year to renew their commitment to FOIA, EFF and other organizations still see delays in releasing relevant documents, excuses for not releasing other records, and excessive redactions, among other needless secrecy. [ Read more ... ]

Global Internet Freedom and the U.S. Government: Via Freedom to Tinker.

Over the past two weeks I've testified in both the Senate and the House on how the U.S. should advance "Internet freedom." I submitted written testimony for both hearings which can be downloaded in PDF form here and here. Full transcripts will become available eventually but meanwhile you can click here to watch the Senate video and here to watch the House video. In both hearings I advocated a combination of corporate responsibility through the Global Network Initiative backed up by appropriate legislation given that some companies seem reluctant to hold themselves accountable voluntarily; revision of export controls and sanctions; and finally, funding and support for tools, and technologies and activism platforms that will counter-act suppression of online speech.
[ Read more ... ]

To Stop Crime, Share Your Genes: Via NYTimes.com ( Op-Ed Contributor ).

PERHAPS the only thing more surprising than President Obama’s decision to give an interview for “America’s Most Wanted” last weekend was his apparent agreement with the program’s host, John Walsh, that there should be a national DNA database with profiles of every person arrested, whether convicted or not.Emphasis added: Many Americans feel that this proposal flies in the face of our “innocent until proven guilty” ethos, and given that African-Americans are far more likely to be arrested than whites, critics refer to such genetic collection as creating “Jim Crow’s database.”

In truth, however, this is an issue where both sides are partly right. The president was correct in saying that we need a more robust DNA database, available to law enforcement in every state, to “continue to tighten the grip around folks who have perpetrated these crimes.” But critics have a point that genetic police work, like the sampling of arrestees, is fraught with bias. A better solution: to keep every American’s DNA profile on file. [ Read more ... ]

Supreme Court Takes ‘Informational Privacy’ Case: Via Threat Level.

The U.S. Supreme Court is agreeing to decide how much personal information the federal bureaucracy may acquire on its workers.

The justices, without comment, decided Monday to review a lower-court decision surrounding the concept of so-called “informational privacy.” The 9th U.S. Circuit Court of Appeals in San Francisco struck down intrusive background checks last year on nearly three dozen National Aeronautics and Space Administration contractors as being too invasive — calling them an unconstitutional, “broad inquisition.”

The checks sought information from any source surrounding their sex lives, finances and even drug use. The contractors being investigated were not privy to classified information. [ Read more ... ]

Cryptome Suspected of Money Laundering or Worse: Via cryptome.org .

PayPal has confiscated donations made to Cryptome since February 24, 2010.
The donations have have been refunded rather than leave them in the untrustworthy
control of PayPal for purposes contrary to those of the donors. The total
upsurge was about $5,300, not much but a peak.

The timing of the confiscation corresponds to the recent Microsoft-Network
Solutions copyright imbroglio and public attention given to the lawful spying
guide series including those of PayPal. PayPal's
legal
agreements describe a wide range of prohibitions -- among them
DMCA
infringement,
counter-terrorism,
violations
of AUP and catch-alls -- for use of its services and urges
reporting of violations.
It "limits" (suspend and/or close) an account without fully explaining the
reasons, some of which may be secret under spying law, others kept confidential
to avoid law suits or bad publicity.

[ Read more ... ]

Security Pros Question Deployment of Smart Meters: Via Threat Level.

The country’s swift deployment of smart-grid technology has security professionals concerned that utilities and smart-meter vendors are repeating the mistakes made in the rollout of the public internet, when security became a priority only after malicious attacks had reached mass levels.

But when it comes to the power grid, the costs of remote hack attacks are potentially more dramatic.

“The cost factor here is what’s turned on its head. We lose control of our grid, that’s far worse than a botnet taking over my home PC,” said Matthew Carpenter, senior security analyst of InGuardian, speaking at a panel at the RSA Security Conference in San Francisco this week. [ Read more ... ]

The Score on USA Patriot Act: Via Blog of Rights: Official Blog of the American Civil Liberties Union.

"We've come to love our fears more than we love our freedoms," Rep. Dennis Kucinich (D-Ohio) mused on the House floor just before that chamber voted 315-97 (with 20 members not voting) to reauthorize the USA Patriot Act without any changes for yet another year.

By now, you know the stakes — the tweaks that could have been made to guarantee that Patriot powers are used only against suspected terrorists or spies and to mandate continued reporting to ensure that we actually learn about current and future Patriot abuses. Many of these fixes were, in fact, included in prior iterations of Patriot reauthorization bills introduced in both the House and the Senate.

As Rep. Jane Harman (D-Calif.) pointed out to her colleagues, "I think we are missing an opportunity. There are good ideas in this House about how to curb the abuses with national security letters, how to clarify that roving wiretaps are limited to a single identifiable target, and how to eliminate the lone wolf provision which has never been used and for which existing title III authority can suffice. Those ideas have been the subject of hearings in the Judiciary Committee, but they're not being debated on this floor . . . I think this is a real missed opportunity." [ Read more ... ]

U.S. Security Agencies Begging for a Cybersecurity "Cold War": Via Blog of Rights: Official Blog of the American Civil Liberties Union.

(Originally posted on Huffington Post.)

So the U.S. security establishment is salivating at the prospect of a new cybersecurity "Cold War." In an over-the-top op-ed in Tuesday's Washington Post, Mike McConnell issues a declaration that we are "fighting a cyber war today" and compares it to the nuclear showdown with the Soviets. McConnell exemplifies the security establishment as much as anyone — former director of the National Security Agency (NSA), former Director of National Intelligence, and currently executive vice president at Booz Allen Hamilton, a private-sector refuge for former U.S. intelligence officials (and a company that stands to make large sums from consulting on cybersecurity). [ Read more ... ]

Cyberwar Hype Intended to Destroy the Open Internet: Via Threat Level.

The biggest threat to the open internet is not Chinese government hackers or greedy anti-net neutrality ISPs, it’s Michael McConnell, the former director of national intelligence.

McConnell’s not dangerous because he knows anything about SQL injection hacks, but because he knows about social engineering:  McConnell is the nice-seeming guy who is willing and able to use fear-mongering to manipulate the federal bureaucracy for his own ends, while coming off like a straight shooter to those not in the know.

When he was head of the country’s national intelligence, he scared President Bush with visions of e-doom, prompting the president to sign a comprehensive secret order that unleashed tens of billions of dollars into the military’s black budget so they can start making firewalls and malware into military equipment. And now McConnell, back safely in civilian life as a vice president at the secretive defense contracting giant Booz Allen Hamilton, is out in front of Congress and the media, peddling the same Cybaremaggedon! gloom.

And now he says we need to re-engineer the internet. [ Read more ... ]

SSRN-Privacy in the Digital Age: Fact or Fiction?: Via SSRN John H. Nugent Texas Woman's University School of Management.

Abstract:     
This paper examines the history, drivers, issues, and various legal approaches to protecting privacy (unified and sector) with a focus on the United States, and to a large degree on data privacy. A determination is made whether either approach affords the individual privacy in the digital age. The paper examines specific risks as well as fundamental challenges facing the privacy paradigm

Read Original Article:(Via John H. Nugent Texas Woman's University School of Management.)

I don't bleepin' believe it - Insurers may raise your home insurance premiums if you use social networking.: Via Network World on computerworld.

From the Backspin "I don't believe it" department comes this week's top story: Insurers may raise your home insurance premiums if you use social networking.

Yep, according to Legal and General, one of the United Kingdom's biggest home insurers: "The insurance industry is aware that, with increasing acceptance of social media, the standard risk indicators may need to be reviewed. New risks and patterns in crime and claims are continually monitored to ensure the implications do not impact viable business models …. This social networking trend is clearly one that is making home insurers sit up and take note."

The rationale behind the interest in social networking can be found in L&G's "Digital Criminal Report". This document, based on a survey of "more than 2,000 social media users," found that "38% of users of sites such as Facebook and Twitter have posted status updates detailing their holiday plans and ... 33% have posted status updates saying they are away for the weekend." [ Read more ... ]

Cryptome's Publication of Microsoft's Compliance Manual is a Fair Use: Via EFF.org Updates.

Yesterday, Microsoft used a Digital Millennium Copyright Act (DMCA) takedown notice to demand that a copy of the "Microsoft® Online Services Global Criminal Compliance Handbook" (the Compliance Manual) be removed from Cryptome, a security website. As a result, Network Solutions felt obliged to takedown the entire Cryptome.org domain, a repository for thousands of important and controversial documents.

As is often the case, the ensuing uproar simply called more attention to the document in question. Yesterday evening, Microsoft wrote to Network Solutions and withdrew its takedown demand, while insisting that its copyright concern was nevertheless legitimate.

We appreciate that Microsoft acted quickly to correct its error, but are still disappointed that Microsoft nonetheless insists that, in the words of Evan Cox, outside counsel for Microsoft, "Microsoft has a good faith belief that the distribution of the file that was made available at that address infringes Microsoft's copyrights."

To the contrary, as we explain below, Cryptome's publication of the Compliance Manual is a clear fair use under the Copyright Act. [ Read more ... ]

Pentagon Discloses Hundreds of Reports of Possibly Illegal Intelligence Activities: Via EFF.org Updates.

The Department of Defense has released more than 800 heavily-redacted pages of intelligence oversight reports, detailing activities that its Inspector General has “reason to believe are unlawful.” The reports are the latest in an ongoing document release by more than a half-dozen intelligence agencies in response to a Freedom of Information Act (FOIA) lawsuit filed by EFF in July 2009.

The reports, submitted to the Intelligence Oversight Board (IOB) by various Department of Defense components, cover the period from 2001 through 2008. The IOB’s role within the Executive Office of the President is to ensure that each component of the intelligence community works within the Constitution and all applicable laws. As such, the Inspector General of each intelligence agency is required to submit periodic reports to the IOB, which in turn is required to forward to the Attorney General any report identifying an intelligence activity that violates the law. Intelligence oversight reporting is rarely disclosed to the public. [ Read more ... ]

ACTA "internet enforcement" chapter leaks: Via Boing Boing .

Someone has uploaded a PDF to a Google Group that is claimed to be the proposal for Internet copyright enforcement that the USA has put forward for ACTA, the secret copyright treaty whose seventh round of negotiations just concluded in Guadalajara, Mexico. This reads like it probably is genuine treaty language, and if it is the real US proposal, it is the first time that this material has ever been visible to the public. According to my source, the US proposal is the current version of the treaty as of the conclusion of the Mexico round.

I've read it through a few times and it reads a lot like DMCA-plus. It contains, for example, a duty to technology firms to shut down infringement where they have "actual knowledge" that such is taking place. This argument was put forward in the Grokster case, and as Fred von Lohmann argued then, this is a potentially deadly burden to place on technology companies: in the offline world Xerox has "actual knowledge" that its technology is routinely used to infringe copyright at Kinko's outlets around the world -- should that create a duty to stop providing sales and service to Kinko's?

This also includes takedown procedures for trademark infringement, as well as the existing procedures against copyright infringement. [ Read more ... ]

Discussing Citizens United with Larry Lessig: Via Salon: Glenn Greenwald.

Just in case readers here forgot how angry they were with me for my partial defense of the Citizens United decision, permit me to risk once again provoking the hornets' nest by recommending this 20-minute discussion I had on Monday night with Harvard Law Professor Larry Lessig on The Young Turks.  At The Huffington Post, Lessig wrote this response to the arguments I made about the case, and we had what I thought was a very constructive and enlightening discussion of the relevant issues:

Read Original Article:(Via Salon: Glenn Greenwald.)

Digital Books and Your Rights: A Checklist for Readers: Via EFF.org Updates.

San Francisco - What questions should consumers ask before buying a digital book or reader? Today the Electronic Frontier Foundation (EFF) published "Digital Books and Your Rights," a checklist for readers considering buying into the digital book marketplace.

Over the last few months, the universe of digital books has expanded dramatically, with products like Amazon's Kindle, Google Books, Internet Archive's Text Archive, Barnes and Noble's Nook, and Apple's upcoming iPad poised to revolutionize reading. But while this digital books revolution could make books more accessible than ever before, there are lingering questions about the future of reader privacy, consumers' rights, and potential censorship.

EFF's checklist outlines eight categories of questions readers should ask as they evaluate new digital book products and services, including: [ Read more ... ]

Any use of this article without the NFL's express written consent is prohibited: Via Law & Disorder Section - Ars Technica.

With the Super Bowl just concluded and baseball's spring training only weeks away, a question occurred to us: whatever happened to the push for copyright holders to tone down their copyright notices?

We hear and see the warnings whenever a football or baseball game is televised, whenever we read books, whenever we watch a movie. These are the sort of warnings that make claims like, "Any other use of this telecast or any pictures, descriptions, or accounts of the game without the NFL's consent is prohibited," despite the apparent wrongheadedness of the statement. [ Read more ... ]

Our human rights vs. The Others: Via Salon: Glenn Greenwald.

(updated below - Update II)

Ten American Baptists were arrested two weeks ago in Haiti on charges that they exploited the chaos in that country by attempting to smuggle 33 young Haitian children across the border without permission -- either to bring them to a life of Christianity or (as some evidence suggests) to filter them into a child trafficking ring.  National Review's Kathryn Jean Lopez is deeply upset by the plight of at least one of the detained Americans, Jim Allen, whom she contends (based exclusively on his family's claims) is innocent.  Lopez demands that the State Department do more to "insist" upon Allen's release, and -- most amazingly of all -- complains about the conditions of his detention.   She has the audacity to cite a Human Rights Watch description of prison conditions in Haiti as "inhumane."  Lopez complains that Allen was waterboarded, stripped, frozen and beaten has "hypertension," was shipped thousands of miles away to a secret black site beyond the reach of the ICRC and then rendered to Jordan allowed to speak to his wife only once in the first ten days of his confinement, and was consigned to years in an island-prison cage with no charges denied his choice of counsel for a few days (though he is now duly represented in Haitian courts by a large team of American lawyers). [ Read more ... ]

Cellular user privacy at risk: Via Philadelphia Inquirer .

If you own a cell phone, you should care about the outcome of a case scheduled to be argued in federal appeals court in Philadelphia tomorrow. It could well decide whether the government can use your cell phone to track you - even if it hasn't shown probable cause to believe it will turn up evidence of a crime.

The American Civil Liberties Union, the Electronic Frontier Foundation and the Center for Democracy and Technology will ask the court to require that the government at least show probable cause before it can track your whereabouts.

Although most people don't realize it, cell phones double as tracking devices. Newer phones contain GPS chips, [ Read more ... ]

Identifying John Doe: It might be easier than you think: Via Freedom to Tinker.

Imagine that you want to sue someone for what they wrote, anonymously, in a web-based online forum. To succeed, you'll first have to figure out who they really are. How hard is that task? It's a question that Harlan Yu, Ed Felten, and I have been kicking around for several months. We've come to some tentative answers that surprised us, and that may surprise you.

Until recently, I thought the picture was very grim for would-be plaintiffs, writing that it should be simple for "even a non-technical Internet user to engage in effectively untraceable speech online." I still think it's feasible for most users, if they make enough effort, to remain anonymous despite any level of scrutiny they are practically likely to face. But in recent months, as Harlan, Ed, and I have discussed this issue, we've started to see a flip side to the coin: In many situations, it may be far easier to unmask apparently anonymous online speakers than they, I, or many others in the policy community have appreciated. Today, I'll tell a story that helps explain what I mean. [ Read more ... ]

Know Before You Go: Tickets May Come at a Higher Price Than You Realize: Via EFF.org Updates.

As part of our Terms of Ab(use) project, we pay close attention to the fine print of online agreements for provisions that are potentially dangerous to consumers. We've noticed a troubling change in the way event planners restrict the rights of individuals who attend their shows. Where once these limitations had to fit on the back of a ticket, increasingly event organizers have moved their fine print online, where they are able to use even more contract law to avoid the limits of trademark and copyright law and actively control what ticket holders can say or do even after the event is over.

These burdensome terms can show up in some pretty unexpected places. Last year we noted how the Burning Man Organization (BMO) used online ticket terms to require participants to assign to BMO—in advance—the copyright to any pictures they took on the playa. Tickets for the 2010 event went on sale in mid-January, and we hoped the new terms would acknowledge the concerns we had expressed. Sadly, the new terms are just as onerous as before. [ Read more ... ]

Europe Looms as Major Battleground for Google: Via NYT > Privacy.

PARIS — Google has a problem in China. It may be headed for a bigger one in Europe.

So far, no one has accused European governments of cyberattacks like those that Google says it has suffered in China. But on issues from privacy to copyright protection to the dominance of Google’s Internet search engine, clashes with European lawmakers, regulators and consumer advocates are escalating.

Europe matters to Google and its shareholders — potentially more than China. For nowhere else in the world is the company as powerful and as potentially vulnerable. Across most of Europe, Google is by far the biggest search engine, with a substantially bigger market share than in the United States. In a single European country, Britain, Google has roughly 10 times its estimated sales in China.

On a region where the media sector is mostly fragmented along national lines and sometimes dependent on public subsidies, Google’s border-straddling scale, its ambitious pursuit of profit and its embrace of an open, anything-goes Web are raising alarms. [ Read more ... ]

Be Careful What Your Bumper Sticker Says: Via Threat Level.

“No More Blood For Oil.”

Bumper stickers with that phrase were synonymous with opposition to the Iraq War, during the George W. Bush administration.

Simply hosting that message on one’s bumper was cause enough to remove two attendees at Bush’s 2005 speech at the Wings Over the Rockies Museum in Colorado. The White House had a policy of excluding those who did not agree with the president from his public appearances. It’s a policy a federal appeals court is upholding in a decision a dissenting judge decried as “simply astounding.”

The 10th U.S. Circuit Court of Appeals’ 2-1 ruling means, in short, that the would-be attendees who were ousted from the event had no First Amendment constitutional right to remain at the speech. The two plaintiffs obtained the free tickets from a local Colorado representative, and sued the government for giving them the boot. [ Read more ... ]

WikiLeaks, struggling to make ends meet, begs for donations: Via Law & Disorder Section - Ars Technica.

WikiLeaks—a wiki that made a name for itself by publishing anonymous, classified information—has been temporarily shut down due to its own budget crisis. The Sunshine Press, the nonprofit organization behind WikiLeaks, has decided to cease operations in order to "concentrate on raising the funds necessary" to keep the site going, and is begging for donations lest it be stuck offline forever. [ Read more ... ]

FTC - Exploring Privacy: A Roundtable Series: Via FTC - Federal Trade Commission.

The Federal Trade Commission will host a series of day-long public roundtable discussions to explore the privacy challenges posed by the vast array of 21st century technology and business practices that collect and use consumer data. Such practices include social networking, cloud computing, online behavioral advertising, mobile marketing, and the collection and use of information by retailers, data brokers, third-party applications, and other diverse businesses. The goal of the roundtables is to determine how best to protect consumer privacy while supporting beneficial uses of the information and technological innovation. [ Read more ... ]