In Bid to Sway Sales, Cameras Track Shoppers: Via NYT > Privacy.

Retailers say they are using video cameras to watch customers as a way to make shopping in stores more enjoyable, but privacy advocates are skeptical.

[...]

At a mall, a father emerged from a store dragging his unruly young son by the scruff of the neck, as if he were the family cat. The man had no idea his parenting skills were being immortalized.

At an office supply store, a mother decided to get an item from a high shelf by balancing her small child on her shoulders, unaware that she, too, was being recorded.

These scenes may seem like random shopping bloopers, but they are meaningful to stores that are striving to engineer a better experience for the consumer, and ultimately, higher sales for themselves. [ Read more ... ]

Unprecedented 25-Year Sentence Sought for TJX Hacker: Via Threat Level.

Computer hacker Albert Gonzalez deserves a quarter-century behind bars for leading a gang of cyberthieves who stole tens of millions of credit and debit card numbers from a transaction processor and several giant retail chains, federal prosecutors argued in a court filing Thursday night.

“[T]he sentences would be the longest ever imposed in an identity theft case and among the longest imposed for a financial crime, which is appropriate because Gonzalez was at the center of the largest and most costly series of identity thefts in the nation’s history,” wrote Boston-based Assistant U.S. Attorney Stephen Heymann. “He knowingly victimized a group of people whose population exceeded that of many major cities and some states.”

The government also disputed a defense claim that Gonzalez suffers from Asperger’s disorder, a mild form of autism that was grounds for a slightly reduced sentence in a previous hacking prosecution.

Gonzalez, 28, is set for sentencing next week on three indictments covering virtually every headline-making bank-card theft in recent years, including intrusions at TJX, DSW Shoe Warehouse, Office Max, Hannaford Brothers, 7-Eleven, and Heartland Payment Systems, which alone exposed magstripe data on 130 million credit and debit cards. He performed the intrusions while an informant for the Secret Service.

The hacker’s plea agreements contemplate a total prison term of between 17 and 25 years. [ Read more ... ]

EFF Appeals Dismissal of Warrantless Wiretapping Case: Via EFF.org Updates.

EFF today filed its appeal to the 9th Circuit Court of Appeals of the dismissal of Jewel v. NSA, the case EFF brought against the U.S. government and government officials on behalf of AT&T customers to stop the National Security Agency's illegal, unconstitutional, and ongoing mass surveillance of their communications and communications records. The case arises from the still growing stacks of evidence confirming the surveillance, including the technical documents presented by former AT&T employee Mark Klein that describe the NSA's secret mass wiretapping facility in San Francisco. [ Read more ... ]

Senators draft plan to rework U.S. immigration policy - washingtonpost.com: Via washingtonpost.com .

Sens. Charles E. Schumer (D-N.Y.) and Lindsey O. Graham (R-S.C.) announced the building blocks Thursday for a new push in Congress to overhaul the nation's immigration laws, outlining a plan to require U.S. citizens and legal immigrants to obtain a new high-tech Social Security card tied to their fingerprints or other biometric identifiers and to create a system to bring in temporary workers as the U.S. economy demands.

The immigration "blueprint," outlined in an opinion column posted on The Washington Post's Web site, drew an immediate vow of support from President Obama, who urged Congress "to act at the earliest possible opportunity." [ Read more ... ]

Domain Names Can't Defend Themselves: Via Freedom to Tinker.

Today, the Kentucky Supreme Court handed down an opinion in the saga of Kentucky vs. 141 Domain Names (described a while back here on this blog). Here's the opinion.

This case is fascinating. A quick recap: Kentucky attempted a property seizure of 141 domain names allegedly involved in gambling on the theory that the domain names themselves constituted "gambling devices" under Kentucky law and were therefore illegal. The state held a forfeiture hearing where anyone with an interest in the "property" could show up to defend their interest in the property; otherwise, the State would order the registrars to transfer "ownership" of the domain names to Kentucky. No individual claiming that they own one of the domain names showed up. Litigation began when two industry associations (iMEGA and IGC) claimed to represent unnamed persons who owned these domain names (and another lawyer showed up during litigation claiming representation of one specific domain name). [ Read more ... ]

Judges Approves $9.5 Million Facebook ‘Beacon’ Accord: Via Threat Level.

A federal judge on Wednesday approved a $9.5 million settlement to a class action lawsuit challenging Facebook’s program that monitored and published what users of the social networking site were buying or renting from Blockbuster, Overstock and other locations.

The case concerned allegations Facebook’s now defunct “Beacon” program breached federal wiretap and video-rental privacy laws. Terms of the settlement, in which Facebook denied any wrongdoing, require the site to finance what the deal calls a “Digital Trust Fund” that would issue more than $6 million in grants to organizations to study online privacy.

The social networking site will have a seat on the fund’s three-member board — a fact that was a big bone of contention (.pdf) in the privacy community, but one U.S. District Judge Richard Seeborg in San Jose, California, said Wednesday was immaterial.

“There has been no pervasive showing that the foundation will be a mere publicity tool for Facebook,” (.pdf) Seeborg wrote.

Seeborg gave preliminary approval to the deal last year, but finalized it Wednesday after reviewing objections. [ Read more ... ]

Hooking Up The Big Brother Machine... And Fighting It: Via EFF.org Updates.

Here's a movie pitch: One lone telecommunications technician, going about his ordinary daily work in San Francisco, begins to realize things aren't quite what they seem. There's a "secret room" downstairs, and ordinary employees aren't allowed to enter it. Coworkers — almost casually! — remark that a government spy agency is involved, that similar facilities are being built across the country, that some of them are stamped with the government's ominous eye-and-pyramid "Total Information Awareness" logo.

Soon, the plot thickens. Mundane technical procedures produce startling revelations. He stumbles on a document that suggests the room contains a supercomputer designed to data-mine phone calls and Internet traffic. And, indeed, he soon realizes that the room is sucking up copies of electronic communications from millions of random Americans.

All this in the early 2000s, when "the political atmosphere in the country after 9/11 had a witchhunt feel to it, and even modest criticism of the administration was getting painted as disloyalty or worse."

What happens to our hero when he finally decides to go public? [ Read more ... ]

How Privacy Vanishes Online: Via NYT > Privacy.

Using innocuous bits of data from Web sites like Facebook and Twitter, researchers gleaned people’s names, ages and even Social Security numbers.

Yet people often dole out all kinds of personal information on the Internet that allows such identifying data to be deduced. Services like Facebook, Twitter and Flickr are oceans of personal minutiae — birthday greetings sent and received, school and work gossip, photos of family vacations, and movies watched.

Computer scientists and policy experts say that such seemingly innocuous bits of self-revelation can increasingly be collected and reassembled by computers to help create a picture of a person’s identity, sometimes down to the Social Security number.

“Technology has rendered the conventional definition of personally identifiable information obsolete,” said Maneesha Mithal, associate director of the Federal Trade Commission’s privacy division. “You can find out who an individual is without it.” [ Read more ... ]

Undercover Feds on Social Networking Sites Raise Questions: Via Threat Level.

The next time someone ties to “friend” you on Facebook, it may turn out to be an undercover fed looking to examine your private messages and photos, or surveil your friends and family, according to an internal Justice Department document obtained by the Electronic Frontier Foundation.

The 33-page document shows that law enforcement agents from local police to the FBI and Secret Service have been logging on to MySpace and other sites undercover to communicate with suspects, read private postings and view photos and videos that are restricted to a user’s friends, according to the Associated Press.

The document also describes techniques for verifying alibis — such as checking messages posted by a suspect on Twitter disclosing his whereabouts at the time a crime was committed — and uncovering information that might point to illegal activity, such as photos depicting a suspect with expensive jewelry, a new car or even a weapon.

The document says that evidence from social networking sites can: [ Read more ... ]

FBI Uses Fake Facebook Profiles To Spy On Suspects: Via Huffington Post.

WASHINGTON — The Feds are on Facebook. And MySpace, LinkedIn and Twitter, too.

U.S. law enforcement agents are following the rest of the Internet world into popular social-networking services, going undercover with false online profiles to communicate with suspects and gather private information, according to an internal Justice Department document that offers a tantalizing glimpse of issues related to privacy and crime-fighting.

Think you know who's behind that "friend" request? Think again. Your new "friend" just might be the FBI.

The document, obtained in a Freedom of Information Act lawsuit, makes clear that U.S. agents are already logging on surreptitiously to exchange messages with suspects, identify a target's friends or relatives and browse private information such as postings, personal photographs and video clips. [ Read more ... ]

Case Report – BCCA says aerial surveillance by telphoto zoom lens not a search « All About Information: Via A legal blog about the law of information – By Toronto, Ontario lawyer Dan Michaluk.

Today, the British Columbia Court of Appeal held that the police did not violate section 8 of the Charter by conducting aerial surveillance of a rural property from in excess of 1000 feet by using a digital camera equipped with a telephoto lens. [ Read more ... ]

EFF Asks Illinois Appellate Court to Block Unmasking of Anonymous Online Critic: Via EFF.org Updates.

Chicago - The Electronic Frontier Foundation (EFF) and the Media Freedom and Information Access Practicum (MFIA) at Yale Law School filed a friend-of-the-court brief today urging the Illinois Court of Appeals to block the unmasking of an anonymous online critic of a local political candidate.

The critic, commenting on a story on the website of a suburban Chicago newspaper called the Daily Herald, engaged in a heated debate with other commenters. One turned out to be the son of the village trustee candidate in Buffalo Grove, Illinois, who was discussed in the article. The candidate, Lisa Stone, who eventually won her race, asked a state court to order the newspaper to release the critic's name and address without appropriately showing that the statements directed towards her son were defamatory or otherwise illegal. Stone indicated that she may choose to subsequently file a lawsuit once she determines the critic's identity through the pre-complaint procedure.

"Because of the enormous potential for abuse, the First Amendment requires litigants to demonstrate that they have a legitimate case before they can use the courts to unmask anonymous online critics," said EFF Senior Staff Attorney Matt Zimmerman. "Insults are not enough, especially when the conversation takes place in the context of a political campaign." [ Read more ... ]

Who You Love Shouldn't Matter When You Serve: Via Blog of Rights: Official Blog of the American Civil Liberties Union.

Jene Newsome served nine years in the Air Force. She was recently discharged under the "Don't Ask, Don't Tell" policy after she was outed by South Dakota's Rapid City Police Department.

On November 20, 2009, the Rapid City Police Department came to serve a warrant on Jene Newsome's wife. Jene and her wife, Cheryl, were just married in Iowa a few weeks before the police came knocking on their door.

When the police entered the house, they saw the marriage certificate sitting on the kitchen table. The marriage certificate didn't have anything to do with Cheryl's arrest; one of the officers just saw it as an opportunity to out Jene and end her career. [ Read more ... ]

EFF Posts Documents Detailing Law Enforcement Collection of Data From Social Media Sites: Via EFF.org Updates.

EFF has posted documents shedding light on how law enforcement agencies use social networking sites to gather information in investigations. The records, obtained from the Internal Revenue Service and Department of Justice Criminal Division, are the first in a series of documents that will be released through a Freedom of Information Act (FOIA) case that EFF filed with the help of the UC Berkeley Samuelson Clinic.

One of the most interesting files is a 2009 training course that describes how IRS employees may use various Internet tools -- including social networking sites and Google Street View -- to investigate taxpayers. [ Read more ... ]

Smackdown: Consumer Privacy vs. Advertiser Revenue: Via CDT - Center for Democracy & Technology..

I attended Smackdown: Consumer Privacy vs. Advertiser Revenue and was expecting to hear good discussion about how advertising and targeting firms are battling with privacy groups to meet the needs of the consumer. I was a little disappointed in how little representation from the privacy end there was in the room. The panel opened with moderator Alan Chapell from BlueKai asking whom in the room represented the business side of consumer data and who was from the advocacy end. I was one of three people representing the advocacy end.

The talk began with defining what data they were talking about as panelists tiptoed around exactly what data is being taken by marketers and commented that nothing used is personally identifiable and is used to tailor a better online experience; however, the panel didn’t really discuss one of the most important questions of user data being used for marketing - how long this data is kept and stored?

Discussion from the panelists turned to how advertisers can adapt their industry practices and data practices in the changing legislative environment. The FTC’s public roundtables, in which CDT participated, were discussed as was legislation in Congress being proposed by Rep. Boucher. [ Read more ... ]

Secret Document Calls Wikileaks ‘Threat’ to U.S. Army: Via Threat Level.

Wikileaks presents a “threat to the U.S. Army” and publishes “potentially actionable information” for targeting military personnel, according to a classified intelligence report posted Monday on the whistleblowing site.

The 32-page report entitled Wikileaks.org – An Online Reference to Foreign Intelligence Services, Insurgents, or Terrorist Groups? (.pdf) indicates the government’s concern that “current employees or moles” within the Defense Department or the U.S. government “are providing sensitive or classified information to Wikileaks.” To stop this, the 2008 report had suggested a campaign to expose and punish those who leak to the site, which was founded in 2007 by Chinese dissidents, journalists and mathematicians.

“Wikileaks.org uses trust as a center of gravity by assuring insiders, leakers, and whistleblowers who pass information to Wikileaks.org personnel or who post information to the website that they will remain anonymous,” according to the report. “The identification, exposure, or termination of employment of or legal actions against current or former insiders, leakers, or whistleblowers could damage or destroy this center of gravity and deter others from using Wikileaks.org to make such information public.” [ Read more ... ]

Investigators: Businesses buying your credit card number: Via NorthWest Cable News.

$10 here. $15 there. 

By putting little charges on your credit card  some companies are making tens of millions of dollars a year. These are businesses that you never gave your credit card number to.

Some consumer groups call it fraud, but it may be perfectly legal.

Christie Frison-Thornton, of Rainier, spotted a $19.95 charge just a few weeks ago.   A company called "Privacy Matters" billed her credit card.

"I thought what the heck is this? Cause I really did not have a clue," said Frison-Thornton. [ 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 ... ]

EFF Experts to Speak at Privacy Roundtable in Washington, D.C.: Via EFF.org Updates.

Washington, D.C. - On Wednesday, March 17, the Federal Trade Commission (FTC) is hosting its final public roundtable on technology privacy challenges in Washington, D.C. Two experts from the Electronic Frontier Foundation (EFF) are taking part.

EFF Senior Staff Technologist Peter Eckersley and EFF Boardmember Edward W. Felten will discuss "Internet Architecture and Privacy" at the first panel of the day. Later panels will cover health information privacy and issues around other sensitive information, as well as lessons learned so far and future plans for privacy protection.

For more information on attending the roundtable including a full agenda, visit http://www.ftc.gov/bcp/workshops/privacyroundtables/index.shtml

WHAT:
FTC Roundtable "Internet Architecture and Privacy"

WHEN:
Wednesday, March 17
9:15 a.m. [ Read more ... ]

Telling Friends Where You Are (or Not): Via NYTimes.com .

Mobile services like Loopt and Google’s Latitude have promoted the notion of constantly beaming your location to a map that is visible to a network of friends — an idea that is not for everybody.

But now there is a different approach, one that is being popularized by Foursquare.

After firing up the Foursquare application on their phones, users see a list of nearby bars, restaurants and other places, select their location and “check in,” sending an alert to friends using the service.

This model, which may be more attractive than tracking because it gives people more choice in revealing their locations, is gathering speed in the Internet industry. Yelp, the popular site that compiles reviews of restaurants and other businesses, recently added a check-in feature to its cellphone application. And Facebook is expected to take a similar approach when it introduces location features to its 400 million users in coming months. [ 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 ... ]

NetFlix Cancels Recommendation Contest After Privacy Lawsuit: Via Threat Level.

Netflix is canceling its second $1 million Netflix Prize to settle a legal challenge that it breached customer privacy as part of the first contest’s race for a better movie-recommendation engine.

Friday’s announcement came five months after Netflix had announced a successor to its algorithm-improvement contest. The company at the time said it intended to expand the amount of information it gave to researchers in hopes that its recommendation system — a key part of Netflix’s customer retention strategy — would get even better. That was then followed with a warning by prominent data privacy lawyers that the new dataset was easily de-anonymized.

Those fears were highlighted in December, when an in-the-closet lesbian mother sued Netflix for privacy invasion, alleging the movie-rental company made it possible for her to be outed when it disclosed insufficiently anonymous information about nearly half-a-million customers as part of its $1 million contest. [ Read more ... ]

Advertising - Instant Ads Set the Pace on the Web: Via NYTimes.com .

Now, companies like Google, Yahoo and Microsoft let advertisers buy ads in the milliseconds between the time someone enters a site’s Web address and the moment the page appears. The technology, called real-time bidding, allows advertisers to examine site visitors one by one and bid to serve them ads almost instantly.

For example, say a man just searched for golf clubs on eBay (which has been testing a system from a company called AppNexus for more than a year). EBay can essentially follow that person’s activities in real time, deciding when and where to show him near-personalized ads for golf clubs throughout the Web.

If eBay finds out that he bought a driver at another site, it can update the ad immediately to start showing him tees, golf balls or a package vacation to St. Andrew’s, Scotland, often called the home of golf. If a woman was shopping, eBay could change the ad’s color or presentation. [ Read more ... ]

TJX Hacking Conspirator Gets 4 Years: Via Threat Level.

Humza Zaman, a co-conspirator in the hack of TJX and other companies, was sentenced Thursday in Boston to 46 months in prison and fined $75,000 for his role in the conspiracy. The sentence matches what prosecutors were seeking.

Zaman, a 33-year-old former network security manager at Barclays Bank, was charged with laundering between $600,000 and $800,000 for hacker Albert Gonzalez, who is currently awaiting sentencing on charges that he and others hacked into TJX, Office Max, Heartland Payment Systems and numerous other companies to steal data on more than 100 million credit and debit card accounts.

Zaman pleaded guilty in April to one count of conspiracy. His sentence includes three years of supervised release with the condition that Zaman must disclose his conviction to any future employer. Upon release, Zaman will not be barred from using computers. [ Read more ... ]

The Beginning of the End of Data Retention: Via EFF.org Updates.

Last week, the German Constitutional Court issued a much-anticipated decision, striking down its data retention law as violating human rights. It was an important victory for Europe’s Freedom Not Fear movement, which was formed to oppose the EU Data Retention Directive. But it was also a reminder of the political work which remains to be done to defeat it.

When the European Union first passed the Data Retention Directive in 2006, despite a hard-fought campaign by European activists, it seemed like the beginning of the end for Internet privacy. The directive sought to require telecommunications service providers operating in Europe to retain a detailed history of each of their customers' activity for up to 2 years for possible use by law enforcement; including phone calls made and emails sent and received.

The response from European citizens was swift and outraged. Under the banner of Freedom Not Fear, mass protests were held in cities all across Europe and beyond. [ Read more ... ]