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by Mike Masnick
Thu, Jul 2nd 2015 9:26am
"We just want to ensure that terrorists do not have a safe space in which to communicate. That is the challenge, and it is a challenge that will come in front of the House.Of course, he also insisted that you regular people shouldn't worry:
"We have always been able, on the authority of the home secretary, to sign a warrant and intercept a phone call, a mobile phone call or other media communications, but the question we must ask ourselves is whether, as technology develops, we are content to leave a safe space—a new means of communication—for terrorists to communicate with each other.
"My answer is no, we should not be, which means that we must look at all the new media being produced and ensure that, in every case, we are able, in extremis and on the signature of a warrant, to get to the bottom of what is going on."
"Britain is not a state that is trying to search through everybody’s emails and invade their privacy..."Except, well, it is. This whole thing seems to be based on the idea that it's blatantly obvious who is a "terrorist" and who is a good citizen of the UK. Cameron can't really be so naive as to think that "terrorists" are somehow easily differentiated from everyday people, can he? Then again, this is the same guy who once pushed for this Snooper's Charter by talking about how fictional TV crime dramas proved it would be a useful tool.
For too long, we have been a passively tolerant society, saying to our citizens: as long as you obey the law, we will leave you alone.... This government will conclusively turn the page on this failed approach.Does that really sound like someone who will only use such snooping powers to track down terrorists? He's blatantly admitting that he will use it against law abiding citizens, admitting that merely "obeying the law" should not leave you free from being hassled by the government.
by Mike Masnick
Thu, Jul 2nd 2015 8:25am
In a shocking revelation, the UK’s Investigatory Powers Tribunal (IPT) today notified Amnesty International that UK government agencies had spied on the organization by intercepting, accessing and storing its communications.As you may recall, a little over a week ago, the IPT had ruled that the GCHQ had erred in holding onto emails too long -- but had named that Egyptian organization as the one whose emails were held. However, that's now been corrected to Amnesty International.
In an email sent today, the Tribunal informed Amnesty International its 22 June ruling had mistakenly identified one of two NGOs which it found had been subjected to unlawful surveillance by the UK government. Today’s communication makes clear that it was actually Amnesty International Ltd, and not the Egyptian Initiative for Personal Rights (EIPR) that was spied on in addition to the Legal Resources Centre in South Africa.
“How can we be expected to carry out our crucial work around the world if human rights defenders and victims of abuses can now credibly believe their confidential correspondence with us is likely to end up in the hands of governments?Both issues raised here are significant. The only reason Amnesty now knows about this is because GCHQ held onto the emails too long. If it had done its usual purge, then the IPT likely would never have revealed that, and Amnesty's communications would have continued to go on being compromised without anyone knowing.
“The revelation that the UK government has been spying on Amnesty International highlights the gross inadequacies in the UK’s surveillance legislation. If they hadn’t stored our communications for longer than they were allowed to by internal guidelines, we would never even have known. What’s worse, this would have been considered perfectly lawful.”
Thu, Jul 2nd 2015 7:25am
The cable and telecommunications industry have long lobbied against city-run broadband, arguing that taxpayer money should not fund potential competitors to private companies.
The telecom companies have what may seem like an unlikely ally: states. Roughly 20 states have restrictions against municipal broadband.
And the attorneys general in North Carolina and Tennessee have recently filed lawsuits in an attempt to overrule the FCC and block towns in these states from expanding publicly funded Internet service.
North Carolina's attorney general argued in a suit filed in May that the "FCC unlawfully inserted itself between the State and the State's political subdivisions." Tennessee's attorney general filed a similar suit in March.
Tennessee has hired one of the country's largest telecom lobbying and law firms, Wiley Rein, to represent the state in its suit. The firm, founded by a former FCC chairman, has represented AT&T, Verizon and Qwest, among others.
James Tierney, director of the National State Attorneys General Program at Columbia Law School, said it is not unusual for attorneys general to seek outside counsel for specialized cases that they view as a priority.
Asked about the suit, the Tennessee attorney general's office told ProPublica, "This is a question of the state's sovereign ability to define the role of its local governmental units." North Carolina Attorney General's office said in a statement that the "legal defense of state laws by the Attorney General's office is a statutory requirement."
As the New York Times detailed last year, state attorneys general have become a major target of corporate lobbyists and contributors including AT&T, Comcast and T-Mobile.
North Carolina is no exception. The state's Attorney General Roy Cooper received roughly $35,000 from the telecommunications industry in his 2012 run for office. Only the state's retail industry gave more.
The donations are just a small part of contributions the industry has made in the states. In North Carolina's 2014 elections, the telecommunications industry gave a combined $870,000 to candidates in both parties, which made it one of the top industries to contribute that year. Candidates in Tennessee received nearly $921,000 from AT&T and other industry players in 2014.
The FCC's decision came after two towns – City of Wilson in North Carolina and Chattanooga in Tennessee – appealed to the agency to be able to expand their networks.
The vote has rattled some companies. In a government filing earlier this year, Comcast cited the FCC's decision as a risk to the company's business: "Any changes to the regulatory framework applicable to any of our services or businesses could have a negative impact on our businesses and results of operations."
If the court upholds the FCC's authority to preempt restrictions in North Carolina and Tennessee, it may embolden other cities to file petitions with the agency, according to lawyer Jim Baller, who represents Wilson and the Chattanooga Electric Power Board. "A victory by the FCC would be a very welcome result for many communities across America," said Baller.
For some residents in and outside of Chattanooga, clearing the way to city-run broadband would mean the sort of faster Internet access that others might take for granted.
For 12 years, Eva VanHook, 39, of Georgetown, Tennessee, lived with a satellite broadband connection so slow that she'd read a book while waiting for a web page to load. In order for her son to access online materials for his school assignments, she'd drive him 12 miles to their church parking lot, where he could access faster WiFi.
Charter, the local Internet service provider, declined several requests by her husband to build lines out to her home. Only last month did Charter connect her home to the Internet. "Even the possibility to jump on [the local utility's] gigabit network would blow our minds right now," VanHook said. "There is nothing faster than Chattanooga. Just through meeting them and hearing them speak and having them understand what's going on, that's the kind of place I want to do business."
Republished from ProPublica.
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by Karl Bode
Thu, Jul 2nd 2015 5:19am
"Just say the word ‘banana’ into the remote and you’ll get a list of food programs as the minions talk back. Saying ‘kudos’ will take you to the Despicable Me 2 movie, and the minions will say ‘kudos!’ right back. Test out other words in Minionese to see what comes up, and keep checking the Xfinity and Minions social channels for new commands as they’re added. And if you want to get ready for the movie that comes out on July 10, just say ‘Minions’ to see the trailer."To be clear, I don't think this is all that big of a deal, even though I understand the concerns of those who aren't thrilled about direct marketing to (and data collection of) children (as we recently saw with the new Wi-Fi-connected Barbie). After all, Minions ads are everywhere. Amazon's featuring the yellow pill-shaped little rabblerousers on their boxes during a limited cross-promotion. This is just kind of cute, right?
"After you speak into the remote, the voice commands are sent to Comcast and its contracted service provider for processing. Comcast and its provider use these voice commands to provide the voice control service (including for quality assurance, troubleshooting, and customer support), improve Comcast’s products and services and improve their voice recognition algorithms."Another issue is that as cable operators face increasing competition from internet video, their response so far has been two-fold: to raise rates like it's going out of style, and to try to cram more and more ads into every minute of television (sometimes by cutting programs shorter). So paying customers are already being bombarded with ads, and now their remotes are pitching product. As cable operators begin losing internet voice and traditional TV customers to over-the-top services, the lust for new revenue streams is only going to accelerate this dissolution of product value further.
by Glyn Moody
Thu, Jul 2nd 2015 1:16am
Last week, Tim Cushing explained that one of the bad outcomes of the recent European Parliament committee vote on Julia Reda's copyright reform report was that it recommended limiting freedom of panorama -- the ability to take pictures and make videos of public objects -- to non-commercial use. As Techdirt readers know, in the digital age, it is very hard to draw a clear distinction between commercial and non-commercial contexts online, which makes any kind of limitation to non-commercial use problematic. The person responsible for introducing the amendment to Reda's report, Jean-Marie Cavada, has written a blog post about the freedom of panorama issue (original in French), and it gives us some interesting insights into his thinking here:
The fight which is being led today by Ms. Reda, in the guise of defending free access to the works that are in the public domain [public objects] on behalf of users, is actually one conducted above all to allow US monopolies such as Facebook, or Wikimedia, to avoid the payment of fees to the creators.
Yes, it's all about those evil American companies again, refusing to pay when somebody dares to post a holiday picture on their Facebook page. Because, as the copyright maximalists keep on reminding us, every single use of every single owned object must be licensed every single time, otherwise civilization -- specifically European civilization -- will come crashing down.
But whatever people might think about Facebook, it's hard to see Wikipedia/Wikimedia as a "US monopoly" avoiding payment, as Cavada calls it. Indeed, Cavada goes on to contradict himself, writing:
this structure is well aware that the use of works on Wikimedia pages is not questioned by the authors, even in countries where there is no [freedom of] panorama exception.
Well, if it's not questioned, why is he using Wikipedia as an example of an evil "US monopoly" that wants to avoid paying licensing fees? Or does he mean that authors don't have a problem with Wikipedia using photos of landscapes with their works visible provided they are paid? Which of course ignores the fact that Wikipedia is not a company, and can't afford to pay licensing fees. Or, there again, is he perhaps advocating that Wikipedia just ignore the law, and use the pictures anyway?
Altogether, this confused post is a perfect demonstration of why people who don't understand a technology should not be allowed to make laws about it.
Wed, Jul 1st 2015 9:16pm
Whoa. That's more than a little harsh relative to most MLB broadcasts and Costas heard about it from many internet sites and social media circles. Baseball fans tweeted, asking him what the deal was in delivering such a harsh line at a pitcher who simply had a rough outing. Websites, like Deadspin, offered up typically reasonable articles with equally reasonable headlines like "Holy shit, Bob Costas." As a result of all of this, Costas has said he would apologize for his remarks.
But this is still all the internet's fault, obviously.
“We can be disingenuous about it if we want, if it suits our purposes, but we all know this: We live in an age of faux outrage, of disproportionate outrage. Everything is shocking, over the top. ‘He savaged Pedro Strop’ — I mean, come on, come on. Let’s get a handle on this,” Costas said. “I could have done better and I will apologize. But . . . that’s just Internet stuff. I’m going to take care of it the same way I would have taken care of it if it was 1986. And that’s going to be that.”In addition to those comments, the link includes an audio clip from a Costas interview on WFAN, in which he laments the fact that the internet took notice of his national broadcast and decided they didn't care for it all that much. Costas hit the usual chords whenever someone from a traditional media outlet rails against the internet and social media: something something overreaction, something something fake outrage, something something we're still the real media. But my favorite line was:
"The mainstream, which can be criticized, we have our own shortcomings, but we're supposed to hue to a higher standard, both of ethics and of quality. The idea that in some desperate attempt to remain relevant, and to get more clicks, that we should dumb ourselves down to adopting the ethos of the mob, that's something that I'm not good with."Look, I know I don't really count as valid, because I'm from the internet, but I have a suggestion: it might not be the best plan to trot out the sacred and storied tradition of journalistic ethics in the broadcast media in reaction to a story about you going nuclear on a reliever, such that you, yourself, felt the need to apologize. Those two things mashed together don't make any sense. Come on, Bob, it ain't the internet's fault you came of like a jerk.
by Michael Ho
Wed, Jul 1st 2015 5:00pm
by Karl Bode
Wed, Jul 1st 2015 3:48pm
"My office is actively engaged in finding a path forward. We certainly need some short term options to bring a functional internet to neighborhoods that have almost no connectivity, and we’re looking at ways to bring service to those neighborhoods as soon as possible. We are looking at a number of policy changes and their impacts that could foster greater competition right now, like testing small neighborhood pilot programs, building off existing fiber, or increasing WiFi access."Fast forward to last month, and Murray's office has released a viability study that cost the city $180,000 and took seven months to complete. It basically states that the effort would cost $500 to $600 million and isn't a viable project to take on alone. A memo by city budget director Ben Noble states the debt would "significantly constrain the debt capacity" for a number of critical city projects and hurt the city's credit rating. The study examined a variety of options, from partnering with the city's utility to using property taxes to fund a $45 per home gigabit service. The study concluded that none of these options were viable.
"To see that reducing regulatory barriers brought not one but two providers to the market who could start building fiber to the home has been very encouraging,” Mattmiller said. “I’ve seen the CenturyLink trucks around the city and am in talks with Wave about how they are approaching their build-out. It’s very encouraging that we are taking the right regulatory approach that still protects the city but allows providers to invest."Except Wave's build out is condo-focused and modest, and CenturyLink is one of many ISPs that have responded to Google Fiber with what I affectionately call "fiber to the press release," or the practice of offering gigabit fiber to a few high-end developments, then pretending it's conducting a much broader rollout than it is. This usually fools the press and makes politicians look good, but the ruse often gets exposed when people actually try to sign up for service. CenturyLink's CEO recently had to apologize to Seattle residents for overstating gigabit service availability.
"Seattle would be the largest city in the country to implement municipal broadband. We should expect Comcast and CenturyLink to go to every length to keep their unchallenged duopoly in Seattle. Countering them will require a mass citywide movement, much like the one we needed to win $15/hour last year by successfully overcoming the financial and political clout of fast food and retail giants...It is up to us working people to build a strong enough grassroots movement for municipal broadband to force elected officials to put Seattle’s need for universal, affordable high speed connectivity over Comcast and CenturyLink’s insatiable drive for profits."Which is great, but if Seattle as a whole isn't willing to pay for service (and the tax-loathing public is easily swayed by ISP lobbyist and astroturfer vilification of such efforts), then the city's going to remain locked in its Kafka-esque duopoly logjam in perpetuity. At least unless it can find a deep-pocketed and marginally altruistic private partner to eat much of the bill, which seems to be what Mayor Murray and friends are placing their hopes on. But if cities can build multi-billion dollar churches to the NFL gods, surely a city as jam-packed with creative minds as Seattle can find some way to fund a giant kick in the incumbent ISPs' collective ass.
by Mike Masnick
Wed, Jul 1st 2015 2:33pm
The CFAA does not and should not impose liability on anyone who accesses information publicly available on the Internet. Because the CFAA and Penal Code § 502 imposes both civil and criminal liability, it must be interpreted narrowly. That means information on a publicly accessible website can be accessed by anyone on the Internet without running afoul of criminal computer hacking laws. In the absence of access, as opposed to use, restrictions, Craigslist cannot use these anti-hacking laws to complain when the information it voluntarily broadcasts to the world is accessed, even if it is upset about a competing or complementary business.That's the EFF directly arguing against Craigslist in this case. Unfortunately, the initial district court ruling agreed with Craigslist, leading EFF to note just how dangerous the ruling was:
Craigslist’s enormous success is a result of its openness: anyone anywhere can access any of its websites and obtain information about apartments for rent, new jobs or cars for sale. Its openness means that Craigslist is the go to place on the web for classified ads; it users post on Craigslist because they know their ads will reach the largest audience.
But what Craigslist is trying to do here is to use the CFAA’s provisions to enforce the unilateral determinations it has made concerning access to its website, an Internet site that it has already chosen to open up to the general public, attempting to turn a law against computer hacking into a new tool. But prohibiting access to an otherwise publicly available website is not the type of harm that Congress intended to be proscribed in the CFAA, and nowhere in the legislative history is there any suggestion that the CFAA was drafted to grant website owners such unbridled discretion.
There's a serious potential for mischief that is encouraged by this decision, as companies could arbitrarily decide whose authorization to "revoke" and need only write a letter and block an IP address to invoke the power of a felony criminal statute in what is, at best, a civil business dispute.Orin Kerr, who is an expert on abuses of the CFAA was similarly alarmed:
Judge Breyer’s opinion appears to mix up two different aspects of the CFAA. The first aspect is the prohibition on unauthorized access, and the second is its associated mental state element of intent. The CFAA only prohibits intentional unauthorized access; merely knowingly or recklessly accessing without authorization is not prohibited. So whatever unauthorized access means, the person must be guilty of doing that thing (the act of unauthorized access) intentionally to trigger the statute. Breyer seems to mix up those elements by focusing heavily on the fact that 3taps knew that Craigslist didn’t want 3taps to access its site. According to Judge Breyer, the clear notice meant that the case before him didn’t raise all the notice and vagueness issues that prompted the Ninth Circuit’s decision in Nosal.So now the case has been settled, and, as a result, at least one of the companies involved, 3taps, is shutting down altogether. 3taps points out that it's 3taps, not Craigslist whose money is going to EFF:
Given all that, it's fairly disappointing to see lots of prominent people backslapping Craig and Craigslist for "donating" this money to EFF. It's not Craig's money. And, according to the settlements, it appears that the $1 million isn't all that Craigslist is getting. That's just the money 3taps is paying. Another company in the dispute, Lovely, is paying an additional $2.1 million. It's unclear if Craigslist is giving that money to EFF or anyone else -- or keeping it.
As part of the settlement, 3taps and its founder, Greg Kidd, have agreed to pay craigslist $1 million, all of which must then be paid by craigslist to the EFF, which supported 3taps' position on the CFAA in this litigation, and continues to do great work for Internet freedom generally. Mr. Kidd's investment firm, Hard Yaka, has also committed to make a substantial investment in PadMapper to provide it with the resources to continue to innovate and serve the post-craigslist marketplace.
Although 3taps lacks the resources to continue the fight, this settlement provides much needed resources to the EFF, as there is still much to be done on the issues raised in this case.
For example, the question remains whether private companies that maintain public websites can selectively exclude visitors, exposing the banned visitor to civil and criminal liability under the CFAA.
Furthermore, this is unlikely to be the last litigation involving craigslist's copyrights, particularly given craigslist's current practice of selectively obtaining copyright assignments and registrations (the prerequisite to a copyright infringement lawsuit) in certain user-generated posts, but failing to inform its visitors which posts it owns. This effectively creates a copyright litigation trap for unwary visitors.
Finally, it remains unresolved whether craigslist's well-recognized practice of "ghosting" (the hiding or interception of user postings and emails) without the users' knowledge or consent is legal or ethical.
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