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gollito writes in with news that Microsoft has released an open source alternative to Google's BigTable file system, which is used on large distributed computer clusters. Matt Asay writes for CNet: "I also believe that Microsoft's fear-mongering around open source cost it years of productivity and quality gains that it could have been delivering to customers through open source. I hope that reign of ignorance is over."

PL/SQL Guy writes "Hackers have repeatedly broken into the air traffic control mission-support systems of the US Federal Aviation Administration, according to an Inspector General report sent to the FAA this week, and the FAA's increasing use of commercial software and Internet Protocol-based technologies as part of an effort to modernize the air traffic control systems poses a higher security risk to the systems than when they relied primarily on proprietary software, the report said. Intrusion detection systems (IDS) are deployed at only 11 of hundreds of air traffic control facilities. In 2008, more than 870 cyber incident alerts were issued to the organization responsible for air traffic control operations and by the end of the year 17 percent (more than 150 incidents) had not been remediated, 'including critical incidents in which hackers may have taken over control' of operations computers, the report said."

PL/SQL Guy writes "Hackers have repeatedly broken into the air traffic control mission-support systems of the US Federal Aviation Administration, according to an Inspector General report sent to the FAA this week, and the FAA's increasing use of commercial software and Internet Protocol-based technologies as part of an effort to modernize the air traffic control systems poses a higher security risk to the systems than when they relied primarily on proprietary software, the report said. Intrusion detection systems (IDS) are deployed at only 11 of hundreds of air traffic control facilities. In 2008, more than 870 cyber incident alerts were issued to the organization responsible for air traffic control operations and by the end of the year 17 percent (more than 150 incidents) had not been remediated, 'including critical incidents in which hackers may have taken over control' of operations computers, the report said."

An anonymous reader writes in with a CNet story about the record label-backed music company Lala, which claims to have invented "Network DRM." Lala has filed for a patent on moving DRM from a file wrapper, like Windows Media and FairPlay, to the server. Digital music veteran Michael Robertson has quotes from the patent application on his blog. (Here is the application.) Lala describes an invention that monitors every access, allows only authorized devices (so far there are none), blocks downloads, and can revoke content at the labels' request.

coondoggie writes "The Federal Trade Commission and Distributed Computing Industry Association locked horns over a proposed law that would govern how peer-to-peer networking technology would be used and regulated. Before the Subcommittee on Commerce, Trade, and Consumer Protection, the Federal Trade Commission expressed its doubts about companies protecting sensitive consumer information (PDF) or sensitive data over P2P internet file-sharing networks. It doesn't help the P2P cause that the technology continues to pop up in bad practices. Recently a company that monitors peer-to-peer networks said it found classified information about the systems used onboard the president's helicopter in a shared folder on a computer in Iran, after a file containing the data was accidentally leaked on a peer-to-peer network last summer. Meanwhile the DCIA said any laws would likely be ineffective and stifle the business opportunities P2P can generate." An article on CNet points out that the wording of the bill would make it apply to just about everything related to communications on the internet.

Many sources are reporting that SpringSource has acquired Hyperic, creating a company that could go after IBM and Microsoft. SpringSource has long dreamed of being able to offer a complete open source solution that accelerates the entire build, run, manage Java application lifecycle, and Hyperic offers the last piece of the puzzle. "Regardless, the SpringSource/Hyperic combination creates a clear and present danger to IBM and Microsoft, two companies that have largely stood alone in the ability to build, run, and manage applications. It's also a significant boon to companies looking to open source to save money and improve productivity. Is it a sign of good things to come from not only SpringSource, but also open source, generally? Time will tell, but I suspect we're on the cusp of an aggressive and ambitious new phase in open-source competition."

Business and Open Source pundit Matt Asay picked up on a recent attempt by Sun's Dan Baigent to chronicle the ten largest failures that took the tech giant from a $200 billion peak valuation to the recent buyout by Oracle for a mere $7.4 billion. Unfortunately, Dan only made it to number three on his list before Sun pulled the plug. How long will it take corporate overlords until they finally realize that broad level censorship and trying to control the message are far more harmful than just becoming part of the discourse? "I find that I tend to learn much more from my failures than from my successes. I'd be grateful for the chance to learn from Sun's, too. Sun, please let Baigent continue his countdown. It allows Sun to constructively chronicle its own failings, rather than allowing others to do so in less generous terms."

nandemoari writes "Recently, the Conficker/Downadup worm infected several hundred machines and critical medical equipment in an undisclosed number of US hospitals. The attacks were not widespread; however, Marcus Sachs, director of the SANS Internet Storm Center, told CNET News that it raises the awareness of what we would do if there were millions of computers infected in hospitals or in critical infrastructure locations. It's not clear how the devices (including heart monitors, MRI machines and PCs) got infected. Infected computers were running Windows NT and Windows 2000 in a local area network (LAN) that wasn't supposed to be Internet accessible, but the LAN was connected to one with direct Internet access. A patch was released by Microsoft last October that fixes the problem, but the computers infected were reportedly too old to be patched."

mjasay writes "While the GPL powers as much as 77% of all SourceForge projects, Eric Raymond argues that the GPL is 'a confession of fear and weakness' that 'slows down open-source adoption' because of the fear and uncertainty the GPL provokes. Raymond's argument seems to be that if openness is the winning strategy, an argument Michael Tiemann advocates, wouldn't it make sense to use the most open license? Geir Magnusson of the Apache Software Foundation suggests that there are few 'pure' GPL-only open-source projects, as GPL-prone developers have to 'modify it in some way to get around the enforcement of Freedom(SM) in GPL so people can use the project.' But the real benefit of Apache-style licensing may not be for developers at all, and rather accrue to businesses hoping to drive adoption of their products: Apache licensing may encourage broader, deeper adoption than the GPL. The old GPL vs. BSD/Apache debate may not be about developer preferences so much as new business realities."

mjasay writes "While the GPL powers as much as 77% of all SourceForge projects, Eric Raymond argues that the GPL is 'a confession of fear and weakness' that 'slows down open-source adoption' because of the fear and uncertainty the GPL provokes. Raymond's argument seems to be that if openness is the winning strategy, an argument Michael Tiemann advocates, wouldn't it make sense to use the most open license? Geir Magnusson of the Apache Software Foundation suggests that there are few 'pure' GPL-only open-source projects, as GPL-prone developers have to 'modify it in some way to get around the enforcement of Freedom(SM) in GPL so people can use the project.' But the real benefit of Apache-style licensing may not be for developers at all, and rather accrue to businesses hoping to drive adoption of their products: Apache licensing may encourage broader, deeper adoption than the GPL. The old GPL vs. BSD/Apache debate may not be about developer preferences so much as new business realities."

Mad Hamster points out a NY Times report that the US Department of Justice has launched an antitrust inquiry (may require free registration) to take a look at the deal Google has made with book publishers and authors for its Book Search service. Quoting: "Lawyers for the Justice Department have been in conversations in recent weeks with various groups opposed to the settlement, including the Internet Archive and Consumer Watchdog. More recently, Justice Department lawyers notified the parties to the settlement, including Google, and representatives for the Association of American Publishers and the Authors Guild, that they were looking into various antitrust issues related to the far-reaching agreement. The inquiry does not necessarily mean that the department will oppose the settlement, which is subject to a court review. But it suggests that some of the concerns raised by critics, who say the settlement would unfairly give Google an exclusive license to profit from millions of books, have resonated with the Justice Department." Update — 4/29 at 14:25 by SS: CNet has new information on the extension Google was seeking in order to contact rightsholders for a decision on whether to join the settlement or opt out. Google had originally asked for 60 days, but a judge has now granted them four more months.

Binestar was one of several readers writing in to note that Microsoft is listing IE8 as a critical update to Windows XP. CNet reported a couple of weeks back that Microsoft would be rolling our IE8 to users in a gradual fashion, and requiring an opt-in before installing it. Opinion has been split as to whether IE8 is worth installing or not. Binestar notes delicately, "For those not interested in upgrading to IE8 at this time, the MSDN released information back in January on how to keep IE8 off your machine."

Miracle Jones writes "In an interview with Professor (and former Microsoft employee) James Grimmelmann at the New York Law School, who is both setting up an online clearinghouse to discuss the Google book settlement and drafting an amicus brief to inform the court about the antitrust factors surrounding "orphan books," he revealed that Google will be able to moderate the content of its book scans in the same way that they moderate their YouTube videos, leaving out works that Google deems "inappropriate" from the 7 million library books it has scanned. The Fiction Circus has called for a two-year long rights auction that will ensure that these "inappropriate" titles do not get left behind in the digital era, and that other people who are willing to host and display these books will be able to do so. There is only one week left for authors and publishers to "opt out" of the settlement class and retain their rights or raise objections, and Brewster Kahle's Internet Archive has been stopped from jumping on board Google's settlement as a party defendant and receiving the same legal protections that Google will get. A group of authors, including Philip K. Dick's estate, has tried to delay the settlement for four more months until they get their minds around the issue." In related news, Google is seeking a 60-day extension to the period in which it's attempting to contact authors to inform them of their right to opt-out of the terms of the settlement.

FP writes "On Friday morning, lawyers urged a federal judge to bar RealNetworks from selling software that allows consumers to copy their DVDs to computer hard drives, arguing that the Seattle-based company's product is an illegal pirating tool. RealNetworks' lawyers countered later in the morning that its RealDVD product is equipped with piracy protections that limits a DVD owner to making a single copy and is a legitimate way to back up copies of movies legally purchased. This legal battle began with a restraining order last October which stopped the sale of RealDVD. More coverage is available at NPR. The same judge who shut down Napster is presiding over the three-day trial." Reader IonOtter points out that later in the day, Judge Patel sealed the court after DVD Copy Control Association lawyers "argued that public testimony of aspects of the CSS copy-control technology would violate trade secrets."

An anonymous reader writes in with an opinion piece from ZDNet Australia. "Here's what the official press release won't tell you about Ubuntu 9.04, which formally hit the streets yesterday: its designers have polished the hell out of its user interface since the last release in October. Just like Microsoft has taken the blowtorch to Vista to produce the lightning-quick Windows 7, which so far runs well even on older hardware, Ubuntu has picked up its own game."

Hugh Pickens writes "Vice President Joe Biden lauded Hollywood at a gala dinner in Washington, assailed movie piracy, and promised film executives that the Obama administration would pick 'the right person' as its copyright czar. Biden warned of the harms of piracy at the private event organized by the Motion Picture Association of America in the sumptuous, newly renovated Great Hall of the National Portrait Gallery in Washington, D.C. 'It's pure theft, stolen from the artists and quite frankly from the American people as consequence of loss of jobs and as a consequence of loss of income,' Biden said, according to a White House pool report. Biden addressed President Obama's forthcoming decision about who will be named the intellectual-property enforcement coordinator, better known as the copyright czar. Under a law approved by the US Congress last October, Obama is required to appoint someone to coordinate the administration's IP enforcement efforts and prepare annual reports. Copyright industry lobbyists sent a letter to the president asking him to pick someone sympathetic to their concerns, while groups that would curb copyright law sent their own letter (PDF) urging the opposite approach. We 'will find the right person for intellectual property czar,' Biden said."

Hugh Pickens writes "Vice President Joe Biden lauded Hollywood at a gala dinner in Washington, assailed movie piracy, and promised film executives that the Obama administration would pick 'the right person' as its copyright czar. Biden warned of the harms of piracy at the private event organized by the Motion Picture Association of America in the sumptuous, newly renovated Great Hall of the National Portrait Gallery in Washington, D.C. 'It's pure theft, stolen from the artists and quite frankly from the American people as consequence of loss of jobs and as a consequence of loss of income,' Biden said, according to a White House pool report. Biden addressed President Obama's forthcoming decision about who will be named the intellectual-property enforcement coordinator, better known as the copyright czar. Under a law approved by the US Congress last October, Obama is required to appoint someone to coordinate the administration's IP enforcement efforts and prepare annual reports. Copyright industry lobbyists sent a letter to the president asking him to pick someone sympathetic to their concerns, while groups that would curb copyright law sent their own letter (PDF) urging the opposite approach. We 'will find the right person for intellectual property czar,' Biden said."

hweimer writes "Yesterday at RSA security conference, F-Secure's chief research officer recommended dropping Adobe Reader for viewing PDF files because of the huge amount of targeted attacks against it. Instead, he pointed to PDFreaders.org, a website maintaining a list of free and open source PDF viewers."

Microsoft's supposed open-source guru Sam Ramji has asked open-source vendors to focus on "value" instead of "cost" with respect to competition with Microsoft products. This is especially funny given the Redmond giant's recent "Apple Tax" message. "While I'm sure Ramji meant well, I'm equally certain that Microsoft would like nothing more than to not be reminded of how expensive its products can be compared with open-source solutions. After all, Microsoft was the company that turned the software industry on its head by introducing lower-cost solutions years ago to undermine the Unix businesses of IBM and Hewlett-Packard, and the database businesses of Oracle and IBM."

Mordok-DestroyerOfWo writes "If a little-known but influential alliance of state politicians, large retailers, and tax collectors have their way, the days of tax-free Internet shopping may be nearly over. A bill expected to be introduced in the US Congress as early as Monday would rewrite the ground rules for mail order and Internet sales by eliminating what its supporters view as a 'loophole' that, in many cases, allows Americans to shop over the Internet without paying sales taxes."

KindMind writes "CNet has pictures of a planned 10,000 year clock to be built in eastern Nevada by the Long Now Foundation. From the article: 'Running under its own power, the clock is an experiment in art, science, and engineering. The six dials on the face of this machine will represent the year, century, horizons, sun position, lunar phase, and the stars of the night sky over a 10,000-year period. Likely to span multiple generations and evolutions in culture, the thinking and design put into the monument makes it a moving sculpture as beautiful as it is complex.' This was reviewed on Slashdot in 2005. Really cool pictures, including one of a mechanical 'binary computer' that converts the pendulum into positions on the dial."

freakxx writes "Microsoft has been slapped with a fine of 9 million Euros by German regulators over illegally fixing the price of its Office-suite in an anti-competitive manner during a retail-promotion fair. Microsoft has accepted the fine and decided not to take this issue to any higher level."

CWmike writes "Gregg Keizer reports that Microsoft acknowledged today it has 'broadened the options' for PC makers to continue offering Windows XP as a downgrade from Vista — and potentially even Windows 7. However, the company would not confirm specific reports that HP has been given the green light to sell new PCs with Windows XP Pro pre-installed through the end of April 2010. 'Windows XP went into semi-retirement in June 2008, when Microsoft stopped selling it at retail and withdrew Windows XP Home from use on all but netbooks, though it allowed XP Professional to be installed as a Vista downgrade. Since then, Microsoft has extended the final date it will sell XP Professional install media to large computer makers and smaller systems builders to July 31, 2009, and May 30, 2009, respectively. Today, Microsoft denied that it had extended the life span of Windows XP, and intimated that those rights were built into the newer operating system — in this case, Vista — and did not expire at some arbitrary date.'" Update: 04/07 14:36 GMT by T : nandemoari adds "Not only will users be able to keep Windows Vista, but they'll be able to step back in time two generations, all the way to XP. "We will offer downgrade rights from Windows 7 to Windows XP in the same way we did with Windows Vista," a Microsoft rep said. Insiders speculate that the right to use this time machine might be reserved for those purchasing licenses for only two versions of Windows 7 — Ultimate and Professional. However, that's not yet been confirmed."

CNet is reporting that Sony Pictures may be in talks with YouTube to license full length movies to the video sharing site. Set to post nearly a half a billion dollars in losses this year, YouTube could certainly use some juice to combat sites like NBC-owned Hulu which already has an array of movies for streaming. "Details about what a final agreement could look like are sparse, but any partnership between the two powerhouses would likely benefit both. Representatives from both companies declined to comment. Word of the negotiations comes a week after Disney announced it had licensed short-form content to YouTube. Those clips will come from a range of Disney brands, including ABC and ESPN. For YouTube, obtaining short-form clips from Disney is an important step but still doesn't provide what YouTube needs most."

CNET briefly describes how a poorly chosen default behavior has led to an online crime map of Los Angeles (on a site designed at a cost of $362,000) that shows that "a location just a block from the department's new headquarters is the most crime-ridden place in the city." I wonder how often this sort of error would completely skew things like real-estate maps that attempt to show whether houses in a certain neighborhood are worth more than those in the one next door.

daveofdoom writes "The French-Canadian government of Quebec is saying 'non' to English-only video games if French versions are available. 'It's causing a lot of consternation among retailers and gamers alike, who fear the rules will lead to delays in video games arriving in the province, and may not accomplish what the law intends, which is to promote and protect the French language.' This is a ridiculous rule, as game companies can simply stop creating French versions of games to bypass the restriction."

daveofdoom writes "The French-Canadian government of Quebec is saying 'non' to English-only video games if French versions are available. 'It's causing a lot of consternation among retailers and gamers alike, who fear the rules will lead to delays in video games arriving in the province, and may not accomplish what the law intends, which is to promote and protect the French language.' This is a ridiculous rule, as game companies can simply stop creating French versions of games to bypass the restriction."

Hugh Pickens writes "A Pew study last year found that only 38 percent of rural American homes have access to broadband Internet, compared to 57 percent in cities and 60 percent in the suburbs. All that could be about to change with the announcement that Verizon plans to start introducing a new wireless network in the 700 MHz spectrum in 2010. 'The licenses we bought in the 700MHz auction cover the whole US,' says Tony Melone, a Verizon Wireless VP. 'And we plan to roll out LTE [high-speed mobile service] throughout the entire country, including places where we don't offer our [current] cell phone service today.' Because the [700 MHz] spectrum is in a lower frequency, it can transmit signals over longer distances and penetrate through obstacles, and because the signals travel longer distances, Verizon can deploy fewer cell towers than if it used spectrum from a higher frequency band, which means it can provide coverage at a lower cost. President Obama's administration is well aware of the high-speed Internet divide that exists today, and as part of the overall economic stimulus package passed by Congress, the government is allocating $7.2 billion for projects that bring broadband Internet access to rural towns and communities."

Matt Asay points out a recent update to VLC as they narrow in on a 1.0 release. Already a favorite of many, the open source project has made great strides in recent history towards really solidifying the position as best-in-class. This update, 0.9.9, fixes several display bugs and sees some definite performance improvements. "If you've yet to try VLC, do so. Whether you just want to play media files or also want to convert them, VLC can handle just about anything you throw at it. When all other media players fail, whether on Windows, Linux, or the Mac, VLC will almost always deliver. You can download VLC media player 0.9.9 here. It's open source, but that's not why you'll want to keep using it. You'll use it because it's better than its proprietary peers — by a long stretch.

Hugh Pickens writes "Most companies buy servers from the likes of Dell, Hewlett-Packard, IBM or Sun Microsystems, but Google, which has hundreds of thousands of servers and considers running them part of its core expertise, designs and builds its own. For the first time, Google revealed the hardware at the core of its Internet might at a conference this week about data center efficiency. Google's big surprise: each server has its own 12-volt battery to supply power if there's a problem with the main source of electricity. 'This is much cheaper than huge centralized UPS,' says Google server designer Ben Jai. 'Therefore no wasted capacity.' Efficiency is a major financial factor. Large UPSs can reach 92 to 95 percent efficiency, meaning that a large amount of power is squandered. The server-mounted batteries do better, Jai said: 'We were able to measure our actual usage to greater than 99.9 percent efficiency.' Google has patents on the built-in battery design, 'but I think we'd be willing to license them to vendors,' says Urs Hoelzle, Google's vice president of operations. Google has an obsessive focus on energy efficiency. 'Early on, there was an emphasis on the dollar per (search) query,' says Hoelzle. 'We were forced to focus. Revenue per query is very low.'"

CNet is reporting that a free Skype client will finally be landing on the iPhone this week. Unfortunately some are saying that it seems many of the "critical" pieces of functionality are still missing. While the Skype engineers claim their native client will offer better audio quality (because there is no need to route through another server and transcode audio) they are still missing text messaging, file transfers, and integrated voice mail. Since the iPhone does not allow for multiple programs running concurrently, many are expecting existing multi-function apps like Fring and NimBuzz to continue their reign at the top.

On Wednesday, we discussed news that AT&T had begun sending takedown notices to users whom the RIAA has accused of illegally downloading copyrighted works. Cox and Comcast are both cooperating with the RIAA in that regard as well. However, while Cox seems willing to shut off service in the case of repeat offenders, Comcast denied that it was considering a similar penalty, and AT&T said they'll flat out refuse to terminate service on the RIAA's word alone; it will take a court order. They seem satisfied with the effect letters have had on inhibiting such downloads: "'It's a standard part of everybody's terms of service,' [AT&T senior executive vice president Jim Cicconi] said. 'If somebody is engaging in illegal activity, it basically gives us the right to do it ... We're not a finder of fact and under no circumstances would we ever suspend or terminate service based on an allegation from a third party. We're just simply reminding people that they can't engage in illegal activity.' Cicconi said the company began testing this kind of 'forward noticing' late last year and even experimented with sending certified letters. Cicconi said the notices worked. The company saw very few repeat offenders."

On Wednesday, we discussed news that AT&T had begun sending takedown notices to users whom the RIAA has accused of illegally downloading copyrighted works. Cox and Comcast are both cooperating with the RIAA in that regard as well. However, while Cox seems willing to shut off service in the case of repeat offenders, Comcast denied that it was considering a similar penalty, and AT&T said they'll flat out refuse to terminate service on the RIAA's word alone; it will take a court order. They seem satisfied with the effect letters have had on inhibiting such downloads: "'It's a standard part of everybody's terms of service,' [AT&T senior executive vice president Jim Cicconi] said. 'If somebody is engaging in illegal activity, it basically gives us the right to do it ... We're not a finder of fact and under no circumstances would we ever suspend or terminate service based on an allegation from a third party. We're just simply reminding people that they can't engage in illegal activity.' Cicconi said the company began testing this kind of 'forward noticing' late last year and even experimented with sending certified letters. Cicconi said the notices worked. The company saw very few repeat offenders."

mateuscb writes "A new way of creating a CAPTCHA using 3D objects has become a reality. The idea was thought up independently by blogger Taylor Hayward and by the folks at YUNiTi.com. 'Similar to Hayward's idea, this new technology relies on our ability to identify objects in 3D instead of using alphanumeric characters. YUNiti's 3D Captcha, however, has three objects in the challenge and extends the list of images to any object, not limiting it to animals as in Hayward's idea. This increases the challenge's level of complication to prevent computers from successfully making the correct guesses.' I, for one, welcome the thought of not having to read more and more complex CAPTCHA. Lately, I've been having a hard time getting CAPTCHA to work the first time."

thefickler writes "Microsoft is opposing an industry plan, the Open Cloud Manifesto, to promote cloud computing interoperability. Officially, Microsoft says the plan is unnecessarily secretive and that cloud computing is still in an early stage of development, but there are allegations that Microsoft feels threatened by the plan because it could boost Linux-based systems. The goal of the group behind the manifesto, the Cloud Computing Interoperability Forum (CCIF), is to minimize the barriers between different technologies used in cloud computing. And this is where the problem seems to lie, with the group stating that 'whenever possible the CCIF will emphasize the use of open, patent-free and/or vendor-neutral technical solutions.' Some speculate that Microsoft is actually worried that this will allow open source systems, such as Linux, to flourish, at the expense of Microsoft technology." Amazon is also declining to support the plan, saying, "the best way to illustrate openness and customer flexibility is by what you actually provide and deliver for them." Reader smack.addict contributes a link to an O'Reilly piece asking what openness really means for cloud computing.

suraj.sun writes with this excerpt from CNet: "AT&T, one of the nation's largest Internet service providers, confirmed on Tuesday the company is working with the recording industry to combat illegal file sharing. At a digital music conference in Nashville, Jim Cicconi, a senior executive for AT&T told the audience that the ISP has begun issuing takedown notices to people accused of pirating music by the Recording Industry Association of America, according to one music industry insider who was present. In December, the RIAA, the lobbying group of the four largest recording companies, announced the group would no longer pursue an antipiracy strategy that focused on suing individuals, but rather would seek the help of broadband providers to stem the flow of pirated content. The RIAA said an undisclosed number of ISPs had agreed to cooperate but declined to name them. This is important because the RIAA has said that repeat offenders faced the possibility of losing service — at least temporarily — as part of the music industry's 'graduated response' plan."

CNet reports on legislation currently being drafted that would transfer federal cybersecurity responsibilities away from the Department of Homeland Security. Instead, they would fall under the authority of the Executive Office of the President, creating an Office of the National Cybersecurity Advisor. A tech commission recommended relieving the DHS of cybersecurity responsibilities late last year, saying it simply wasn't prepared to deal with organized online threats. More recently, the director of the DHS's National Cybersecurity Center resigned, citing interference from the NSA. The new legislation would "put the White House National Cybersecurity Advisor in charge of coordinating cyber efforts within the intelligence community and within civilian agencies, as well as coordinating the public sector's cooperation with the private sector. The advisor would have the authority to disconnect from the Internet any federal infrastructure networks — or other networks deemed to be 'critical' — if found to be at risk of a cyberattack. The private sector will certainly speak out if this provision is included in the final draft of the bill, a representative of the technology industry who spoke on condition of anonymity said."

CNet reports on legislation currently being drafted that would transfer federal cybersecurity responsibilities away from the Department of Homeland Security. Instead, they would fall under the authority of the Executive Office of the President, creating an Office of the National Cybersecurity Advisor. A tech commission recommended relieving the DHS of cybersecurity responsibilities late last year, saying it simply wasn't prepared to deal with organized online threats. More recently, the director of the DHS's National Cybersecurity Center resigned, citing interference from the NSA. The new legislation would "put the White House National Cybersecurity Advisor in charge of coordinating cyber efforts within the intelligence community and within civilian agencies, as well as coordinating the public sector's cooperation with the private sector. The advisor would have the authority to disconnect from the Internet any federal infrastructure networks — or other networks deemed to be 'critical' — if found to be at risk of a cyberattack. The private sector will certainly speak out if this provision is included in the final draft of the bill, a representative of the technology industry who spoke on condition of anonymity said."

I Don't Believe in Imaginary Property writes "Discovery Communications, the parent company of the Discovery Channel, is alleging that Amazon's Kindle e-book reader infringes upon their patent for DRM-encumbered e-books (Discovery's complaint, PDF). The patent in question was filed back in 1999 and issued in 2007 — coincidentally one day after Kindle 1.0 went on the market — and has claims for DRM implemented with a great many particular symmetric key ciphers and key exchange algorithms, (the patent has 171 claims). Unlike most software patents, this one goes into quite a lot of detail about how the encryption is to be performed. But it will still be interesting to see if it can pass the 'machine or transformation' test now that In Re Bilski is being accepted as precedent. After all, it seems like all of these encryption and e-book distribution schemes could be run on a general-purpose PC, so is the 'invention' actually tied to a 'particular machine or apparatus' just because an e-book 'viewer' (not to mention 'home system', 'library', and 'kiosk') happens to be specified in the patent's claims? Or can the encryption of an e-book be claimed as some kind of 'transformation' when the law in that area is especially murky — when no one knows how In Re Bilski may affect the precedent of In Re Schrader?"

Frequent Slashdot contributor Bennett Haselton writes "A New Zealand court has allowed a plaintiff to serve papers on a defendant via Facebook, following a similar ruling from an Australian court last year. But as these rulings do not necessarily mean, as Facebook announced in a press release, that the courts have endorsed Facebook 'as a reliable, secure and private medium for communication.' The trend could lead to abuses if courts start taking 'Facebook service' too seriously." For more of the many words written by Bennett, hop on that curiously named link right below.

A New Zealand court has ruled that a plaintiff can serve papers on a defendant via a message sent to their Facebook account. Last December, an Australian court ruled that a company could serve papers on a couple after failed attempts to reach them by regular mail and e-mail. Facebook responded to the ruling with a statement that said, "We're pleased to see the Australian court validate Facebook as a reliable, secure and private medium for communication. The ruling is also an interesting indication of the increasing role that Facebook is playing in people's lives." I think there are two interesting questions here: (1) Is that really how courts view service via Facebook? And (2) What will happen if courts do begin to view service via Facebook that way?

As to the first question — the court's endorsement of service via Facebook does not mean that they think the service is necessarily secure or reliable. Courts often let you serve papers on a party in a court case via means that are less reliable than normal channels, provided that you've exhausted the more reliable means first. When I was trying to earn my way into heaven by suing spammers in Small Claims court, some states allowed corporations to be served by serving the papers on the Secretary of State in the corporation's home state, but only if you could prove that you had tried and failed to serve the corporation at their registered address. In cases where I served the Secretary of State, it's unlikely that the defendant ever even saw the papers (since the only thing the Secretary of State could do with them was forward them to the defendants' address on file, where I'd already tried to locate them), but it still "counted" because I had exhausted the regular means of serving the documents. Sometimes when serving an individual, if the sheriff couldn't reach someone at home, a judge would sign an order allowing the legal papers to be stuck to their front door (which is neither "secure" nor "reliable"), but only after the sheriff had been unable to deliver it to them in person. So a court's endorsement of Facebook as a means of service doesn't necessarily mean the court thinks that the means of service is reliable. It just means it's a good last resort when conventional methods haven't worked.

Facebook is not, after all, secure or reliable, although these limitations are not the fault of Facebook itself. By "not reliable," I don't mean that it loses or mis-routes messages — I've never seen that happen — but that you have no idea whether someone has signed in to read a message, or deleted it by accident, or lost it among all the other messages that they received. As for whether it's "secure," like most services, the greatest weakness in Facebook's security is in the 'forgot your password' feature — if you compromise someone's e-mail account, then you can have a password reset link sent to their e-mail address and compromise their Facebook account as well. So your Facebook account is only as secure as your e-mail account, and e-mail accounts are usually vulnerable in their own "forgot your password" feature, which often lets you access someone's e-mail account just by knowing their birth date, their zip code, and the answer to an easy question like "Who is your favorite fictional character?" And in any case, obtaining "service" via Facebook doesn't preclude the possibility that the person you served on Facebook was an impostor, or another person who happened to have the same name.

What would really change the game would be if courts started ruling that service via Facebook was valid even without first attempting to serve a party via mail or other means. I had my own experience with a case like this in 2000, when programmers Matthew Skala and Eddy Jansson released a program called "CPHack" which could decode the encrypted list of sites blocked by a program called Cyber Patrol, so that people who owned copies of the program could use CPHack to decrypt the list of blocked sites. (One of the more controversial aspects of such blocking software is that the list of blocked sites is hidden from purchasers of the program.) A judge granted Cyber Patrol a ruling forbidding the authors from distributing the program, and ordering anyone hosting a mirror copy of the program to remove it as well. That same day, I received a copy of the ruling via e-mail from Cyber Patrol's lawyer, ordering us to remove the mirror from the Peacefire site. I asked a lawyer if that was considered valid service (this was back when I still thought that a legal question like that always had an objective answer, as opposed to the question of "valid service" being an entirely subjective one that depended on what judge you happened to get), and he said that I shouldn't take any chances and should take the mirror down anyway, which we did. Dozens of other mirror sites, which had sprung up in anticipation of the legal controversy, were also served with papers, although the overseas ones mostly ignored them.

So this was very different from a ruling made by the 9th Circuit Court of Appeals two years later, allowing a Las Vegas casino to serve an offshore company via e-mail because regular methods had failed. The court in that case wrote, "When faced with an international e-business scofflaw playing hide-and-seek with the federal court, e-mail may be the only means of effecting service of process." But I was a domestic scofflaw whose mailing address was publicly known (in the WHOIS registration for the Peacefire site). What was the rationale for allowing me to be served by e-mail?

Unfortunately I think it's probably just a case where the rules were vague enough that the judge felt entitled to bend them to achieve an outcome that he wanted. The 9th Circuit didn't leave much doubt as to the level of objectivity in their ruling on e-mail service either, in calling the defendant an "international e-business scofflaw."

And these are the two main reasons why I think that allowing electronic "insta-service" via e-mail or Facebook — in cases where parties have not first tried to serve papers via regular means — would erode the rights of the little guy. First, in most of the cases I can think of where a powerful plaintiff was playing "whack-a-mole" with multiple defendants by using electronic service of process to shut down new sites as fast as they were springing up, the goal they were trying to achieve was (a) futile, if half the mirror sites were overseas anyway, and (b) ultimately incompatible with civil liberties. (Why shouldn't people have the right to decrypt the list of sites blocked by Cyber Patrol? After the ACLU got involved on appeal, a higher court ultimately ruled that mirror sites could not be ordered to take down CPHack. The HD DVD encryption key controversy is another well-known example.) In cases where a plaintiff has a legitimate claim against multiple sites — for example, sites that are violating the plaintiff's copyright by hosting unauthorized copies of content that they own — most service providers already publish an e-mail address where copyright owners can send a DMCA takedown notice, and where the copyright owner is risking large statutory financial penalties if they send a takedown notice that turns out to be baseless. There are no similar protections to prevent abuses of the system through electronic service of other kinds of legal notices.

The other reason this trend could work against the average person, is that any vague rule that is not consistently followed by different judges, puts non-lawyers at a disadvantage in court. Partly because it may confuse non-lawyers who hear that e-mail service was allowed in one case, and think that's part of "the rules," and then find that e-mail service was disallowed in another case, and wonder how "the rules" could allow it in one case but not in another, all the while laboring under the mistaken impression that there actually are "rules" which unambiguously determine whether or not e-mail service is allowed, when the truth is that it's just up to each individual judge. But also because every ambiguity in the rules is another opportunity for the judge's prejudices to influence the outcome. I do not think that most judges are prejudiced against people based on race or gender, but I doubt you could find any legal professional who thinks that most judges would take a case equally seriously regardless of whether it was brought by a professional lawyer or by a layperson representing themselves. (At one point in my spammer-suing career, I had only about a 50-50 chance of my motions even being read.)

So, let's not get carried away applauding judges for being "hip" and "with it" for allowing service via e-mail or Facebook. And if they start allowing it more frequently, can we at least ask that they pick one rule and stick with it?

whitefox writes "The scoop from CNet is that 'The US House of Representatives on Wednesday approved a resolution introduced two days earlier that designates March 14, 2009 (3/14, get it?) as National Pi Day. It urges schools to take the opportunity to teach their students about Pi and "engage them about the study of mathematics."' The resolution is available online. I doubt it'll ever become a national holiday, but the Pi string in the article is pretty cool in a nerdy sort of way."

theodp writes "Steve Jobs wasn't around to convince you that you should be impressed, but on Wednesday Apple unveiled a 4GB Shuffle that's half the size of its predecessor. Holding up to 1,000 songs, the pre-shrunk Shuffle sports a 10-hour battery life and also adds a new VoiceOver feature that can recite song titles, artists, and playlist names, as well as provide status information. Even without a show from Steve, the new player is generally leaving folks dazzled, although there are some complaints." Update: 3/14 at 14:10 by SS: Reader Mike points out some disturbing news that the new Shuffle contains DRM which, according to a review at iLounge, prevents it from fully working with any headphones that don't have an Apple "authentication chip."

theodp writes "Steve Jobs wasn't around to convince you that you should be impressed, but on Wednesday Apple unveiled a 4GB Shuffle that's half the size of its predecessor. Holding up to 1,000 songs, the pre-shrunk Shuffle sports a 10-hour battery life and also adds a new VoiceOver feature that can recite song titles, artists, and playlist names, as well as provide status information. Even without a show from Steve, the new player is generally leaving folks dazzled, although there are some complaints." Update: 3/14 at 14:10 by SS: Reader Mike points out some disturbing news that the new Shuffle contains DRM which, according to a review at iLounge, prevents it from fully working with any headphones that don't have an Apple "authentication chip."

Penguinisto writes "According to CNET, Knowledge Ecology International's FOIA request for information about ACTA was denied. ACTA is the pending copyright treaty believed to have been authored by lobbyists for the content cartels. Even stranger, the denial cited 'national security reasons (PDF). While it is not unusual for the White House of any administration to block FOIA requests for national security reasons, one would think that a treaty affecting civil interests alone wouldn't qualify for such secrecy. Not exactly sure what involvement the former RIAA mouthpiece Donald Verelli (a recent Obama pick for the DOJ) may have in this." KEI is not alone; the European Parliament wants to see the ACTA documents too.

Penguinisto writes "According to CNET, Knowledge Ecology International's FOIA request for information about ACTA was denied. ACTA is the pending copyright treaty believed to have been authored by lobbyists for the content cartels. Even stranger, the denial cited 'national security reasons (PDF). While it is not unusual for the White House of any administration to block FOIA requests for national security reasons, one would think that a treaty affecting civil interests alone wouldn't qualify for such secrecy. Not exactly sure what involvement the former RIAA mouthpiece Donald Verelli (a recent Obama pick for the DOJ) may have in this." KEI is not alone; the European Parliament wants to see the ACTA documents too.

je ne sais quoi writes "The Apple rumor mill is churning today. Reuters and the DOW Jones news wire are reporting that an anonymous source in Taiwan has leaked that Apple has ordered some 10-inch touch-screens from WinTek, the maker of the touch-screen for the iPhone. It looks like an Apple netbook could possibly be in the works for a delivery date in Q3 of this year, in time for back-to-school sales. CNET and Engadget have completely unsubstantiated mock-ups."

In a recent blog post, CNet's Jon Oitsik has called for a policy shift with respect to data encryption. A new standard by the Trusted Computing Group promises the availability of self-encrypting hard drives soon, leading some to call for immediate adoption. Will this create even more security problems due to lazy custodians, or should someone responsible for keeping your information safe be required to move to the new hardware? Hopefully the new hardware comes with a warning to continue to use other data protection measures as well.

CNet is running an article that looks at the growing parallels between the major movie studios and some of the most successful game publishers, which have gradually turned into the juggernauts of the industry as they've absorbed a variety of smaller developers in recent years. "If we consider Hollywood — the model to which the video game industry is always compared — it doesn't take long before we realize that it's dominated by a handful of studios that effectively control a large percentage of the industry, while the independent studios are left trying to defy the percentages and get their innovative and artistic films to the masses. Since most fail, it's the big studios that enjoy profits as the independents try to find some way to stay alive." Gamasutra has a related piece suggesting the opposite trend: "Smaller, less expensive games made by smaller, more agile teams seem like a very logical step, now that the industry structure is better able to support it, with no less than three venues on which to distribute content as a small team. These are downloadable console, direct to consumer PC downloads via Steam-like services, portals, or direct sale, and iPhone and potentially DSi downloads."

An anonymous reader writes with this excerpt from CNet: "Federal regulators said Thursday they are going into 'search and rescue' mode to help the millions of consumers unprepared for the phased transition to digital television, which culminates with the June 12 transition deadline. The millions of consumers waiting for coupons for digital converter box coupons will finally receive them within the next two and a half weeks, thanks to emergency funding for the coupon program provided in the stimulus package, said Bernadette McGuire-Rivera, an administrator for the National Telecommunications and Information Administration. The NTIA is also ratcheting up its outreach to consumers most likely to be unprepared for the transition... FCC commissioners said their agency is also intensifying its outreach, but they acknowledged that while one third of television stations have already dropped their analog signals, the hardest part is yet to come." We previously discussed the DTV coupon program when it ran out of money in January. The $650 million from the stimulus packages adds to the $1.3 billion that's already been spent.

Russia has come up with a great idea to improve the image of their nuclear industry, a beauty pageant. Each of the 200 participants in the "Miss nuclear reactor 2009" contest are connected in some way to the nuclear power business. The only problem I see is figuring out which of the winner's heads to put the crown on.