Domain: documentcloud.org
Stories and comments across the archive that link to documentcloud.org.
Stories · 223
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US Seizure of Kim Dotcom's Assets Will Stand, Says Appeals Court (arstechnica.com)
An anonymous reader quotes a report from Ars Technica: The 4th Circuit Court of Appeals ruled Friday in favor of the American government's seizure of a large number of Megaupload founder Kim Dotcom's overseas assets. Seized items include millions of dollars in various seized bank accounts in Hong Kong and New Zealand, multiple cars, four jet skis, the Dotcom mansion, several luxury cars, two 108-inch TVs, three 82-inch TVs, a $10,000 watch, and a photograph by Olaf Mueller worth over $100,000. After years of delay, in December 2015, Dotcom was finally ordered to be extradited to the United States to face criminal charges. But his appeal is set to be heard before the High Court in Auckland on August 29. In its court filings, prosecutors argued that because Dotcom had not appeared to face the charges against him in the United States, he is therefore susceptible to "fugitive disentitlement." That legal theory posits that if a defendant has fled the country to evade prosecution, he or she cannot make a claim to the assets that the government wants to seize under civil forfeiture. But as the Dotcom legal team claimed, the U.S. can neither use its legal system to seize assets abroad nor can Dotcom be considered a fugitive if he has never set foot in the United States. However, the 4th Circuit disagreed: "Because the statute must apply to people with no reason to come to the United States other than to face charges, a "sole" or "principal" purpose test cannot stand. The principal reason such a person remains outside the United States will typically be that they live elsewhere. A criminal indictment gives such a person a reason to make the journey, and the statute is aimed at those who resist nevertheless." Civil forfeiture in the United States allows law enforcement to seize one's assets if they are believed to be illegally acquired -- even without filing any criminal charges. -
Bleeping Computer Countersues Maker of SpyHunter
An anonymous reader writes: Bleeping Computer, a longstanding popular discussion forum that helps people rid their computers of malware, has now countersued Enigma Software Group (ESG), which makes an antivirus software known as SpyHunter. Bleeping now claims that ESG has been violating Bleeping's trademarks by registering new domain names that include "bleepingcomputer" and posting some of the company's webpage's source code on other websites without its authorization, among other allegations. ESG had sued Bleeping for libel earlier this year over a series of messages that it claims disparaged SpyHunter and the company as a whole.From the filing:Enigma's lawsuit is plainly nothing more than an attempt to bully and censor Bleeping Computer, and to deter anyone who might criticize it -- one more attempt in Enigma's long pattern of threats, intimidation and litigation. Worse, however, is that all the while, Enigma has been engaged in aggressive, secretive, and cowardly attacks against Bleeping Computer, including ripping off Bleeping Computer's content and pretending it was authored by Enigma, repeatedly misusing Bleeping's registered trademark to trade upon its goodwill, and publishing blatantly false claims about Bleeping. As the following allegations demonstrate, Enigma conducts its business in a manner that is illegal, unethical and simply immoral, thereby demonstrating that Quietman7's mildly critical statements about Enigma's product, that so enraged Enigma and lead to this lawsuit, pale in comparison to the egregious misconduct Enigma perpetrates on a regular basis. -
EFF Asks FTC To Demand 'Truth In Labeling' For DRM (techdirt.com)
An anonymous reader quotes a report from Techdirt: Interesting move by Cory Doctorow and the EFF in sending some letters to the FTC making a strong case that DRM requires some "truth in labeling" details in order to make sure people know what they're buying. The argument is pretty straightforward (PDF): "The legal force behind DRM makes the issue of advance notice especially pressing. It's bad enough when a product is designed to prevent its owner from engaging in lawful, legitimate, desirable conduct -- but when the owner is legally prohibited from reconfiguring the product to enable that conduct, it's vital that they be informed of this restriction before they make a purchase, so that they might make an informed decision. Though many companies sell products with DRM encumbrances, few provide notice of these encumbrances. Of those that do, fewer still enumerate the restrictions in plain, prominent language. Of the few who do so, none mention the ability of the manufacturer to change the rules of the game after the fact, by updating the DRM through non-negotiable updates that remove functionality that was present at the time of purchase." In a separate letter (PDF) from EFF, along with a number of other consumer interest groups, but also content creators like Baen Books, Humble Bundle and McSweeney's, they suggest some ways that a labeling notice might work. -
EFF Asks FTC To Demand 'Truth In Labeling' For DRM (techdirt.com)
An anonymous reader quotes a report from Techdirt: Interesting move by Cory Doctorow and the EFF in sending some letters to the FTC making a strong case that DRM requires some "truth in labeling" details in order to make sure people know what they're buying. The argument is pretty straightforward (PDF): "The legal force behind DRM makes the issue of advance notice especially pressing. It's bad enough when a product is designed to prevent its owner from engaging in lawful, legitimate, desirable conduct -- but when the owner is legally prohibited from reconfiguring the product to enable that conduct, it's vital that they be informed of this restriction before they make a purchase, so that they might make an informed decision. Though many companies sell products with DRM encumbrances, few provide notice of these encumbrances. Of those that do, fewer still enumerate the restrictions in plain, prominent language. Of the few who do so, none mention the ability of the manufacturer to change the rules of the game after the fact, by updating the DRM through non-negotiable updates that remove functionality that was present at the time of purchase." In a separate letter (PDF) from EFF, along with a number of other consumer interest groups, but also content creators like Baen Books, Humble Bundle and McSweeney's, they suggest some ways that a labeling notice might work. -
Feds Seize KickassTorrents Domains and Arrest Owner In Poland (arstechnica.com)
An anonymous reader quotes a report from Ars Technica: Federal authorities announced on Wednesday the arrest of the alleged mastermind of KickassTorrents (KAT), the world's largest BitTorrent distribution site. As of this writing, the site is still up. Prosecutors have formally charged Artem Vaulin, 30, of Ukraine, with one count of conspiracy to commit criminal copyright infringement, one count of conspiracy to commit money laundering, and two counts of criminal copyright infringement. Like The Pirate Bay, KAT does not host individual infringing files but rather provides links to .torrent and .magnet files so that users can download unauthorized copies of TV shows, movies, and more from various BitTorrent users. According to a Department of Justice press release sent to Ars Technica, Vaulin was arrested on Wednesday in Poland. The DOJ will shortly seek his extradition to the United States. "Vaulin is charged with running today's most visited illegal file-sharing website, responsible for unlawfully distributing well over $1 billion of copyrighted materials," Assistant Attorney General Caldwell said in the statement. "In an effort to evade law enforcement, Vaulin allegedly relied on servers located in countries around the world and moved his domains due to repeated seizures and civil lawsuits. His arrest in Poland, however, demonstrates again that cybercriminals can run, but they cannot hide from justice." KickassTorrents added a dark web address last month to make it easier for users to bypass blockades installed by ISPs. -
Ex-Google Engineer Launches Blockchain-Based System For Banks (reuters.com)
An anonymous reader quotes a report from Reuters: A former Google engineer, whose speech recognition software is used in more than a billion Android smartphones, has launched a company that uses blockchain technology to build a new operating system for banks. Paul Taylor, a Cambridge University academic with an expertise in artificial intelligence, speech synthesis and machine learning, started working on the system, called Vault OS, two years ago in a basement in London's Shoreditch district, known for being a tech start-up hub. The technology, which underpins the digital currency bitcoin, creates a shared database in which participants can trace every transaction ever made. The ledger is tamper-proof and transparent, meaning that transactions can be processed without the need for third-party verification. The system also negates the need for costly in-house data centers, as it uses cloud-based systems, which banks can use on a "pay-as-you-go" basis, which means that there is no single point of failure. Taylor said major high-street banks were spending around a billion pounds ($1.3 billion) a year on computer technology, much of which he said was being used for propping up the current "legacy" systems rather than on any innovative technology. The start-up has been working with about ten banks, Taylor said, at least one of which would be starting a trial using the new system in August. He expects the system to be up-and-running within about a year. In banking-related news, a Congressional report shows that China's spies hacked into computers at the Federal Deposit Insurance Corporation (FDIC) from 2010 until 2013 and American government officials tried to cover it up. -
China Hacked US Banking Regulator From 2010 Until 2013 - and US Officials Covered It Up: Report (reuters.com)
According to a Congressional report, China's spies hacked into computers at the Federal Deposit Insurance Corporation (FDIC) from 2010 until 2013. The report adds that American government officials tried to cover it up. From a Reuters report: "Even the former Chairwoman's computer had been hacked by a foreign government, likely the Chinese," staff at the U.S. House of Representatives Committee on Science, Space and Technology said in the report. The report was the latest example of how deeply Washington believes that Beijing has penetrated U.S. government computers. But while making the allegation that China was the culprit, the report does not provide specific evidence to support that conclusion. -
Interview With An 'NSA Hacker' Published By The Intercept (theintercept.com)
The Intercept published a 4,000 word article based on a journalist's three-hour interview with an "NSA hacker" who recently left the agency for a career in cybersecurity. Offering a portrait of life within the U.S. intelligence agency, "Lamb" says he worked on "ridiculously cool projects that I'll never forget... Technically challenging things are just inherently interesting to me."
He's the author of some of the memos leaked by Edward Snowden about how the NSA tries to identify Tor users or break into sys-admin accounts. ("One of his memos outlined the ways the NSA reroutes (or "shapes") the internet traffic of entire countries, and another memo was titled "I Hunt Sysadmins.") "If you tell me, 'This can't be done,' I'm going to try and find a way to do it."
It's interesting that he ended one memo with "Current mood: devious" and wrote in another that Tor "generally makes for sad analysts". But in his interview, he warns that "There is no real safe, sacred ground on the internet. Whatever you do on the internet is an attack surface of some sort and is just something that you live with." -
Twitch Brings CFAA and Trademark Claim Against Bot Operators (techdirt.com)
An anonymous reader quotes a report from Techdirt: I think most people agree that bots that drive up viewer/follower counts on various social media systems are certainly a nuisance, but are they illegal? Amazon-owned Twitch has decided to find out. On Friday, the company filed a lawsuit against seven individuals/organizations that are in the business of selling bots. Twitch's lawsuit uses a CFAA claim and a trademark claim. The CFAA is the Computer Fraud and Abuse Act, which was put in place in the 1980s in response to the movie War Games and is supposed to be used to punish "hackers" who break into secure computer systems. Techdirt reports: "It's a pretty big stretch to argue that bots accessing your open website that anyone can visit requires some kind of specific "authorization." Yes, cheating bots are annoying. And yes, they can be seen as a problem. But that doesn't mean that Twitch should be trying to expand the definition of the CFAA to include accessing an open website in a way the site doesn't like. The trademark claim is also somewhat troubling, though not as much. No one is visiting the sites of these bot makers and assuming that they're endorsed by Twitch. I mean, they're all pretty clear that their entire purpose is to inflate viewers/followers on Twitch, which is clearly something that Twitch is against. Twitch doesn't need to use either of these claims, and it's disappointing that they and their lawyers have chosen to do so. This is not to say that bots and fake followers are okay. But these kinds of cases can set really bad precedents when a company like Twitch decides to over-claim things in a way that harms the wider tech and internet industry." -
A Solution To the Security Guidelines Proposed By FCC For Home Routers (imgtec.com)
An anonymous reader writes: Back in March 2015, the United States Federal Communications Commission (FCC) issued a security document that included a series of provisions related to the use of wireless devices. In order to comply with these security guidelines, some manufacturers of home routers and other networking equipment decided to lock down the software powering these devices. This caused an outcry from the open source community who demanded that the FCC and manufacturers would not restrict the free use of the operating system and associated software running on their devices. Now Imagination Technologies is presenting a proof of concept demonstration that addresses the next-generation security requirements mandated by the FCC and other similar agencies. The demo makes use of a feature of MIPS Warrior CPUs called multi-domain, secure hardware virtualization. This technology allows developers to create system-wide, hardware-enforced trusted environments that are much secure compared to current solutions. The platform used for the demonstration runs three virtual machines (VMs) on a MIPS P-class CPU integrated in a router-type evaluation kit; this approach securely separates the OpenWrt operating system from the Wi-Fi driver, allowing them to co-exist in isolation and thus comply with the FCC guidelines.Ars Technica has more details. -
State Dept. IT Staff Told To Keep Quiet About Clinton's Server (computerworld.com)
dcblogs writes this report from Computerworld: Former U.S. Secretary of State Hillary Clinton's decision to use a private email server ran afoul of the government's IT security and record retention requirements, according to a report by the department's inspector general released today. This use of a private email server did not go unnoticed within the Department of State's IT department. Two IT staff members who raised concerns about Clinton's use of a private server were told not to speak of it. Clinton was secretary of state from 2009 to 2013 and during that period she used a private email server in her New York home. This report by the Department of State's Inspector General about Clinton's use of a private server makes clear that rules and regulations were not followed. It says that Clinton would not have received approval for this server had she sought it. According to the current CIO, the report said, "Secretary Clinton had an obligation to discuss using her personal email account to conduct official business with their offices, who in turn would have attempted to provide her with approved and secured means that met her business needs." However, the report notes, according to these officials, The Bureau of Diplomatic Security and IRM (Bureau of Information Resource Management) "did not -- and would not -- approve her exclusive reliance on a personal email account to conduct Department business, because of the restrictions in the FAM [Foreign Affairs Manual] and the security risks in doing so." -
Medical Errors Are Number 3 Cause of US Deaths, Researchers Say (npr.org)
An anonymous reader quotes a report from NPR: A study by researchers at Johns Hopkins Medicine says medical errors should rank as the third-leading cause of death in the United States -- and highlights how shortcomings in tracking vital statistics may hinder research and keep the problem out of the public eye. The authors, led by Johns Hopkins surgeon Dr. Martin Makary, call for changes in death certificates to better tabulate fatal lapses in care. In an open letter, they urge the Centers for Disease Control and Prevention to immediately add medical errors to its annual list reporting the top causes of death. Based on an analysis of prior research, the Johns Hopkins study estimates that more than 250,000 Americans die each year from medical errors. On the CDC's official list, that would rank just behind heart disease and cancer, which each took about 600,000 lives in 2014, and in front of respiratory disease, which caused about 150,000 deaths. Medical mistakes that can lead to death range from surgical complications that go unrecognized to mix-ups with the doses or types of medications patients receive. The study was published Tuesday in The BMJ, formerly the British Medical Journal. -
Feds: TVA Executive Traded Nuclear Information For Cash In Chinese Espionage Case (knoxnews.com)
mdsolar quotes a report from Knoxville News Sentinel: An East Tennessean who served as a senior manager in the Tennessee Valley Authority's nuclear program swapped information with one of China's top nuclear power companies in exchange for cash, according to federal court records unsealed Thursday. The U.S. Attorney's Office in Knoxville on Thursday announced an espionage conspiracy indictment against China General Nuclear Power, Chinese nuclear engineer Szuhsiung 'Allen' Ho, and Ho's firm, Energy Technology International. Prosecutors said Ho conspired with the companies to lure nuclear experts in the U.S. into providing information to allow China to develop and produce nuclear material based on American technology and under the radar of the U.S. government. Ho was taken into custody in Atlanta on Thursday afternoon and will be returned to U.S. District Court in Knoxville to face the two-count indictment. The indictment consists of one count of conspiracy to illegally engage and participate in the production and development of special nuclear material outside the U.S. and one count of conspiracy to act in the U.S. as an agent of a foreign government. -
Senator Al Franken Takes On Oculus Over VR Data Mining (engadget.com)
An anonymous reader writes: Oculus says in its privacy policy it will track information about your location, physical movements, and how you're using the Oculus Rift headset. Senator Al Franken, a consumer advocate who has made a point of pushing back against invasive privacy policies like Uber's, wrote a letter to Oculus CEO Brendan Iribe, pushing for more information about how, exactly, Oculus is using all of the data it collects. "I believe Americans have a fundamental right to privacy," Franken wrote. "And that right includes an individual's access to information about what data are being collected about them, how the data are being treated, and with whom the data are being shared." Oculus has not yet commented on the letter. As a result from Franken's letter, Oculus may offer a more detailed privacy policy, like what HTC has done for its Vive headset. Though, it's worth mentioning Oculus isn't collecting much more information than most technology companies. The biggest concern stems around what kind of information Facebook is collecting when the headset is not being used -- there's no off button, so it's always sitting in a semi-ready state. -
Valve Loses Australian Court Battle Over Steam (computerworld.com.au)
angry tapir writes: Valve Software has lost court action launched against it by the Australian Competition and Consumer Commission. The Australian court case centered on the refund policies of Valve Software's Steam digital distribution service. Some of Steam's refund policies contradicted the statutory guarantees of the Australian Consumer Law, the court found. A hearing on penalties is yet to be held.
Such "false or misleading representations about guarantees" include: consumers were not entitled to a refund for digitally downloaded games purchased from Valve via the Steam website or Steam Client (in any circumstances); Valve had excluded statutory guarantees and/or warranties that goods would be of acceptable quality; and Valve had restricted or modified statutory guarantees and/or warranties of acceptable quality. Valve has contested ACCC's arguments on a number of grounds. -
DoJ Wants Apple To Decrypt 12 More iPhones (macrumors.com)
tlhIngan writes: The Wall Street Journal (paywalled) is reporting that the Department of Justice is seeking Apple's help in decrypting 12 other iPhones that may contain crime-related evidence. The cases are not identified, though a list of the 12 phones in question has come out, but it is not known what level of Apple assistance is required (i.e., how many of those cases are waiting on the FBI request for special firmware to be developed and to be used on "one more phone"). It appears Tim Cook's assertion that hundreds of requests are waiting on this software may not be a fabrication, and the goal is not about just one phone, but to set a precedent to unlock more phones. As TechDirt (which also lists those 12 cases, a list which certainly does not encompass all the phones the Feds would like to peer into) puts it, "[O]nce again, Director Comey was flat out lying when he claimed the FBI has no interest in setting a precedent." -
Federal Bill Could Override State-Level Encryption Bans (thestack.com)
An anonymous reader writes: A new bill has been proposed in Congress today by Representatives Ted Lieu (D-Calif.) and Blake Farenthold (R-Tex.) which looks to put a stop to any pending state-level legislation that could result in misguided encryption measures. The Ensuring National Constitutional Rights of Your Private Telecommunications Act of 2016 comes as a response to state-level encryption bills which have already been proposed in New York state and California. These near-identical proposals argued in favour of banning the sale of smartphones sold in the U.S. that feature strong encryption and cannot be accessed by the manufacturer. If these bills are passed, current smartphones, including iPhone and Android models, would need to be significantly redesigned for sale in these two states. Now Lieu and Farenthold are making moves to prevent the passing of the bills because of their potential impact on trade [PDF] and the competitiveness of American firms. -
Stingray Case Lawyers: "Everyone Knows Cell Phones Generate Location Data" (techdirt.com)
An anonymous reader writes with news that the Maryland Attorney General is arguing that anyone who has ever used a smartphone knows it's tracking them, so no warrant is needed for stingrays. Techdirt says: "Up in Baltimore, where law enforcement Stingray device use hit critical mass faster and more furiously than anywhere else in the country (to date...) with the exposure of 4,300 deployments in seven years, the government is still arguing there's no reason to bring search warrants into this. The state's Attorney General apparently would like the Baltimore PD's use of pen register orders to remain standard operating procedure. According to a brief filed in a criminal case relying on the warrantless deployment of an IMSI catcher (in this case a Hailstorm), the state believes there's no reason for police to seek a warrant because everyone "knows" cell phones generate data when they're turned on or in use.
The brief reads in part: 'The whereabouts of a cellular telephone are not "withdrawn from public view" until it is turned off, or its SIM card removed. Anyone who has ever used a smartphone is aware that the phone broadcasts its position on the map, leading to, for example, search results and advertising tailored for the user's location, or to a "ride-sharing" car appearing at one's address. And certainly anyone who has ever used any sort of cellular telephone knows that it must be in contact with an outside cell tower to function.'" -
Kentucky Bill: Wait an Hour Before Posting Injuries To Social Media (kentucky.com)
An anonymous reader writes: A Kentucky state representative is developing an unusual piece of legislation. It would impose a delay on people posting about an event on social media if the event resulted in serious injury. Users caught violating this law would face fines ranging from $20-$100. It wouldn't restrict media, victims, or first responders — just bystanders. Representative John Carney says, "It's purely my intent to get a discussion going out there, asking people to be more respectful about what they put on social media. We've had some incidents, including one in my community, and I'd hate for anyone to learn about the loss of a loved one through social media."
Opponents of the bill point out the difficulty in determining who qualifies as "media" in the age of social networks, not to mention the potential conflict with the First Amendment. Carney recognizes the difficulty, and says he doesn't intend to push the bill immediately, but notes that he's trying to solve a real problem. Tiger Robinson, a local public safety director, said, "There have been times we've been pulling bodies out of cars and these people are standing there, snapping pictures on their phones to post on Facebook. It's just not right." -
Paramount and CBS File Lawsuit Against Crowdfunded, Indie Star Trek Movie (hollywoodreporter.com)
An anonymous reader writes: Back in August, an Indiegogo campaign raised $566,023 to produce Axanar, a Star Trek movie in development by an independent group of fans, who also happen to be film professionals. Now, unfortunately but predictably, Paramount and CBS have filed a lawsuit in California federal court claiming their intellectual property is being infringed upon. They are "demanding an injunction as well as damages for direct, contributory and vicarious copyright infringement." The guy running the crowdfunded film is a lawyer, and he said, "We've certainly been prepared for this and we certainly will defend this lawsuit. There are a lot of issues surrounding a fan film. These fan films have been around for 30 years, and others have raised a lot of money." He said CBS/Paramount weren't willing to provide guidelines on what types of fan productions would be tolerated (unlike Lucasfilm with Star Wars), because they worry about setting precedent. -
Currency Exchange Website Accused of Cyber Terrorism By Venezuelan Government (arstechnica.com)
braindrainbahrain writes: A U.S.-based website that covers the unofficial exchange rate between the U.S. dollar and the Bolivar, the Venezuelan currency, has been accused of cyber terrorism in a civil complaint. Venezuela, suffering from ever increasing inflation, maintains very tight controls on currency exchange, and accuses the website operators of racketeering and conspiracy. In an earlier speech, Venezuelan President Nicola Maduro stated he would ask the President of the United States to hunt down the operators of the DT Site and extradite them to Venezuela to be tried as criminals. -
IRS: We Used Stingray Devices To Track 37 Phones (arstechnica.com)
An anonymous reader writes: In October, we discussed the troubling revelation that the U.S. Internal Revenue Service had its own stingray devices, which are commonly used by law enforcement to intercept phone signals and track criminal suspects. The IRS has now addressed these allegations (PDF), confirming that they do indeed have one of the devices, and are trying to get a second. The agency said it tracked 37 phones across 11 different grand jury investigations, and the devices were also used in four non-IRS investigations. They say, "IRS use of cell-site simulation technology is limited to the federal law enforcement arm of the IRS, our Criminal Investigation division. Only trained law enforcement agents have used cell-site simulation technology, carrying out criminal investigations in accordance with all appropriate federal and state judicial procedures." -
Contractors or Not, Seattle Uber Drivers Might Get Collective Bargaining
The Seattle Times reports on a development in Seattle that might have implications for other cities with contentious relationships with transportation coordinating services like Uber. Seattle councilman Mike O'Brien has proposed a system under which drivers for Lyft, Uber, and similar companies would be represented in collective bargaining agreements with the companies they do work for. The proposal would require taxi companies, for-hire vehicle companies and app-based ride-dispatch companies, including Uber and Lyft, to negotiate agreements with drivers on issues such as payment and working conditions. The approach would be novel because of the drivers’ employment status. The National Labor Relations Act gives employees, but not independent contractors, the right to bargain as a union. ... Under O’Brien’s plan, a nonprofit organization would need to show support from a majority of a company’s drivers to be designated by the city as their bargaining representative. The organization would use a list of drivers provided by the company. -
Judge: Stingrays Are 'Simply Too Powerful' Without Adequate Oversight (arstechnica.com)
New submitter managerialslime sends news that an Illinois judge has issued new requirements the government must meet before it can use cell-site simulators, a.k.a. "stingrays," to monitor the communications of suspected criminals. While it's likely to set precedent for pushing back against government surveillance powers, the ruling is specific to the Northern District of Illinois for now. What is surprising is Judge Johnston’s order to compel government investigators to not only obtain a warrant (which he acknowledges they do in this case), but also to not use them when "an inordinate number of innocent third parties’ information will be collected," such as at a public sporting event. This first requirement runs counter to the FBI’s previous claim that it can warrantlessly use stingrays in public places, where no reasonable expectation of privacy is granted. Second, the judge requires that the government "immediately destroy" collateral data collection within 48 hours (and prove it to the court). Finally, Judge Johnston also notes: "Third, law enforcement officers are prohibited from using any data acquired beyond that necessary to determine the cell phone information of the target. A cell-site simulator is simply too powerful of a device to be used and the information captured by it too vast to allow its use without specific authorization from a fully informed court." -
Google Books Wins Again (documentcloud.org)
cpt kangarooski writes: After Google won a lawsuit brought by the Authors Guild alleging that Google's project to scan and provide a searchable index of books was copyright infringement, Google has now won the inevitable appeal in the U.S. Court of Appeals for the Second Circuit. The court found that Google is engaging in fair use, and reminds all that "[t]he ultimate goal of copyright is to expand public knowledge and understanding." The ruling (PDF) adds, "while authors are undoubtedly important intended beneficiaries of copyright, the ultimate, primary intended beneficiary is the public." -
Sounds Can Knock Drones Out of the Sky
angry tapir writes: Next week at the USENIX Security Symposium, researchers at the Korea Advanced Institute of Science and Technology (KAIST) in Daejon, South Korea, are presenting research into knocking drones out of the sky using directed sound waves. They target a component crucial to every drone's ability to fly: its gyroscope. "A gyroscope keeps a drone balanced, providing information on its tilt, orientation and rotation, allowing for micro-adjustments that keep it aloft. Hobbyist and some commercial drones use inexpensive gyroscopes that are designed as integrated circuit packages." For some drones, the gyroscope and its housing have a resonant frequency that's within the audible spectrum. By targeting the drone with sound waves of that frequency, the gyroscope will begin to generate erroneous data, leading to a crash. -
Cleaning Up Botnets Takes Years, May Never Be Completed
Once a botnet has taken root in a large pool of computers, truly expunging it from them may be a forlorn hope. That, writes itwbennett, is: the finding of researchers in the Netherlands who analyzed the efforts of the Conficker Working Group to stop the botnet and find its creators. Seven years later, there are still about 1 million computers around the world infected with the Conficker malware despite the years-long cleanup effort. 'These people that remain infected — they might remain infected forever,' said Hadi Asghari, assistant professor at Delft University of Technology in the Netherlands. The research paper will be presented next week at the 24th USENIX Security Symposium in Washington, D.C. (And "Post-Mortem of a Zombie" is an exciting way to title a paper.) -
Amazon Proposes Dedicated Airspace For Drones
An anonymous reader writes: Amazon has published two new position papers which lay out its vision for future drone regulation. Under Amazon's plan, altitudes under 200ft would be reserved for basic hobbyist drones and those used for things like videography and inspection. Altitudes between 200ft and 400ft would be designated for "well-equipped vehicles" capable of operating autonomously out of line of sight. They would need sophisticated GPS tracking, a stable data uplink, communications capabilities with other drones, and sensors to avoid collisions. This, of course, is where Amazon would want to operate its drone delivery fleet. From 400ft to 500ft would be a no-fly zone buffer between the drone airspace and integrated airspace. Amazon's plan also makes room for "predefined low-risk areas," where hobbyists and other low-tech drones can fly higher than the 200ft ceiling. "Additionally, it is Amazon's view that air traffic management operations should follow a 'managed by exception' approach. This means operators are always aware of what the fleet is doing, yet they only intervene in significant off-nominal cases." -
Amazon Proposes Dedicated Airspace For Drones
An anonymous reader writes: Amazon has published two new position papers which lay out its vision for future drone regulation. Under Amazon's plan, altitudes under 200ft would be reserved for basic hobbyist drones and those used for things like videography and inspection. Altitudes between 200ft and 400ft would be designated for "well-equipped vehicles" capable of operating autonomously out of line of sight. They would need sophisticated GPS tracking, a stable data uplink, communications capabilities with other drones, and sensors to avoid collisions. This, of course, is where Amazon would want to operate its drone delivery fleet. From 400ft to 500ft would be a no-fly zone buffer between the drone airspace and integrated airspace. Amazon's plan also makes room for "predefined low-risk areas," where hobbyists and other low-tech drones can fly higher than the 200ft ceiling. "Additionally, it is Amazon's view that air traffic management operations should follow a 'managed by exception' approach. This means operators are always aware of what the fleet is doing, yet they only intervene in significant off-nominal cases." -
Surveillance Court: NSA Can Resume Bulk Surveillance
An anonymous reader writes: We all celebrated back in May when a federal court ruled the NSA's phone surveillance illegal, and again at the beginning of June, when the Patriot Act expired, ending authorization for that surveillance. Unfortunately, the NY Times now reports on a ruling from the Foreign Intelligence Surveillance Court, which concluded that the NSA may temporarily resume bulk collection of metadata about U.S. citizens's phone calls. From the article: "In a 26-page opinion (PDF) made public on Tuesday, Judge Michael W. Mosman of the surveillance court rejected the challenge by FreedomWorks, which was represented by a former Virginia attorney general, Ken Cuccinelli, a Republican. And Judge Mosman said that the Second Circuit was wrong, too. 'Second Circuit rulings are not binding' on the surveillance court, he wrote, 'and this court respectfully disagrees with that court's analysis, especially in view of the intervening enactment of the U.S.A. Freedom Act.' When the Second Circuit issued its ruling that the program was illegal, it did not issue any injunction ordering the program halted, saying that it would be prudent to see what Congress did as Section 215 neared its June 1 expiration." -
Sunday Times Issues DMCA Takedown Notice To the Intercept Over Snowden Article
An anonymous reader writes: On Sunday, British newspaper The Sunday Times published an article citing anonymous UK government sources claiming that the cache of documents taken by Edward Snowden was successfully decrypted by the Russians and Chinese. Shortly thereafter, Glenn Greenwald at The Intercept published scathing criticism of the article. In Greenwald's article, he included a photograph of the newspaper's front page, where the story was featured. Yesterday, The Intercept received a DMCA takedown notice from News Corp alleging that the photograph infringed upon their copyright. The Intercept is refusing to comply with the takedown demand. -
Amtrak Installing Cameras To Watch Train Engineers
An anonymous reader writes: In the aftermath of the derailment of an Amtrak train in Philadelphia a couple weeks ago, the company has caved to demands that it install video cameras to monitor and record the actions of the engineers driving their trains. The National Transportation Safety Board has been recommending such cameras for the past five years. Amtrak CEO Joe Boardman says the cameras will improve train safety, though the engineers' union disagrees. In 2013, the union's president said, "Installation of cameras will provide the public nothing more than a false sense of security. More than a century of research establishes that monitoring workers actually reduces the ability to perform complex tasks, such as operating a train, because of the distractive effect." -
San Bernardino Sheriff Has Used Stingray Over 300 Times With No Warrant
An anonymous reader writes: After a records request by Ars, the sheriff in San Bernardino County (SBSD) sent an example of a template for a "pen register and trap and trace order" application. The county attorneys claim what they sent was a warrant application template, even though it is not. The application cites no legal authority on which to base the request. "This is astonishing because it suggests the absence of legal authorization (because if there were clear legal authorization you can bet the government would be citing it)," Fred Cate, a law professor at Indiana University, told Ars. "Alternatively, it might suggest that the government just doesn't care about legal authorization. Either interpretation is profoundly troubling," he added. Further documents reveal that the agency has used a Stingray 303 times between January 1, 2014 and May 7, 2015. -
NSA Planned To Hijack Google App Store To Hack Smartphones
Advocatus Diaboli writes: A newly released top secret document reveals that the NSA planned to hijack Google and Samsung app stores to plant spying software on smartphones. The report on the surveillance project, dubbed "IRRITANT HORN," shows the U.S. and its "Five Eyes" alliance: Canada, the United Kingdom, New Zealand and Australia, were looking at ways to hack smartphones and spy on users. According to The Intercept: "The top-secret document, obtained from NSA whistleblower Edward Snowden, was published Wednesday by CBC News in collaboration with The Intercept. The document outlines a series of tactics that the NSA and its counterparts in the Five Eyes were working on during workshops held in Australia and Canada between November 2011 and February 2012." -
MegaUpload Programmer Pleads Guilty, Gets a Year In Prison
An anonymous reader writes When MegaUpload was shut down a few years back, seven of the company's employees were indicted by the U.S. We heard a lot about Kim Dotcom's court proceedings, but not much about the others. A few days ago, we received word that programmer Andrus Nomm has been arrested in Virginia. This came as a surprise to everyone involved. MegaUpload attorney Ira Rothken said it was likely Nomm had made a deal with the Feds. Now, we know for sure: Nomm has pleaded guilty to felony copyright infringement and was sentenced to a year and a day in prison. In a statement, the Department of Justice said they will continue to pursue his co-conspirators. -
The Dark Web Still Thrives After Silk Road
HughPickens.com writes: Russell Berman writes at The Atlantic that the government may have won its case against Silk Road's Ross Ulbricht, but the high-profile trial gave a lot of publicity to the dark web. Both the number of sites and the volume of people using them have increased since Silk Road was shuttered. "Just as on the rest of the internet, users on the dark net are very quick to move on to new things and move away from those products and websites that seem stale and old," says Adam Benson. The cat-and-mouse game between users of the dark web and law enforcement appears to be shifting as well. Newer dark sites (two major ones are Agora and Evolution) are likely to protect their servers by basing them in countries "hostile to U.S. law enforcement," says Nicholas Weaver. "The markets will keep moving overseas, but law enforcement will keep going after the dealers," Weaver says, referring to the people who actually ship and deliver the drugs sold online.
Evolution Marketplace is a much different animal than Silk Road, according to Dan Palumbo. Evolution sells "weapons, stolen credit cards, and more nefarious items that were forbidden on both versions of Silk Road. Silk Road sold a lot of dangerous things, but operators drew the line at their version of 'victimless crimes,' i.e. no child pornography, weapons, or identity theft. Now, four of the top five DarkNet Marketplaces sell weapons while three of the top five sell stolen financial data." This is a darker DarkNet and it speaks to the challenge facing law enforcement as they knock one set of bad actors offline, another comes along with bigger and bolder intentions. -
Major Retailers Accused of Selling Fraudulent Herbal Supplements
MikeChino writes: The New York State Attorney General's Office is demanding that GNC, Walmart, Walgreens, and Target remove store brand herbal supplements from their shelves after the pills were found to be packed with a strange array of fraudulent—and in some cases hazardous—ingredients. Popular supplements such as ginseng, valerian root, and St. John's wort sold under store brand names at the four major retailers were found to contain powdered rice, asparagus, and even houseplants, while being completely void of any of the ingredients on the label. -
Police Nation-Wide Use Wall-Penetrating Radars To Peer Into Homes
mi writes At least 50 U.S. law enforcement agencies have secretly equipped their officers with radar devices that allow them to effectively peer through the walls of houses to see whether anyone is inside. The device the Marshals Service and others are using, known as the Range-R, looks like a sophisticated stud-finder. Its display shows whether it has detected movement on the other side of a wall and, if so, how far away it is — but it does not show a picture of what's happening inside. The Range-R's maker, L-3 Communications, estimates it has sold about 200 devices to 50 law enforcement agencies at a cost of about $6,000 each. Other radar devices have far more advanced capabilities, including three-dimensional displays of where people are located inside a building, according to marketing materials from their manufacturers. One is capable of being mounted on a drone. And the Justice Department has funded research to develop systems that can map the interiors of buildings and locate the people within them. -
Microsoft To US Gov't: the World's Servers Are Not Yours For the Taking
Microsoft is currently fighting a legal battle with the U.S. government, who wants to search the company's servers in Ireland using a U.S. search warrant. An anonymous reader points out a new court filing from Microsoft that argues the U.S. itself would never stand for such reasoning from other governments. Microsoft General Counsel Brad Smith writes, If the Government prevails, how can it complain if foreign agents require tech companies to download emails stored in the U.S.? This is a question the Department of Justice hasn’t yet addressed, much less answered. Yet the Golden Rule applies to international relations as well as to other human interaction. In one important sense, the issues at stake are even bigger than this. The Government puts at risk the fundamental privacy rights Americans have valued since the founding of the postal service. This is because it argues that, unlike your letters in the mail, emails you store in the cloud cease to belong exclusively to you. Instead, according to the Government, your emails become the business records of a cloud provider. Because business records have a lower level of legal protection, the Government claims it can use a different and broader legal authority to reach emails stored anywhere in the world. -
Tor Project Mulls How Feds Took Down Hidden Websites
HughPickens.com writes: Jeremy Kirk writes at PC World that in the aftermath of U.S. and European law enforcement shutting down more than 400 websites (including Silk Road 2.0) which used technology that hides their true IP addresses, Tor users are asking: How did they locate the hidden services? "The first and most obvious explanation is that the operators of these hidden services failed to use adequate operational security," writes Andrew Lewman, the Tor project's executive director. For example, there are reports of one of the websites being infiltrated by undercover agents and one affidavit states various operational security errors." Another explanation is exploitation of common web bugs like SQL injections or RFIs (remote file inclusions). Many of those websites were likely quickly-coded e-shops with a big attack surface. Exploitable bugs in web applications are a common problem says Lewman adding that there are also ways to link transactions and deanonymize Bitcoin clients even if they use Tor. "Maybe the seized hidden services were running Bitcoin clients themselves and were victims of similar attacks."
However the number of takedowns and the fact that Tor relays were seized could also mean that the Tor network was attacked to reveal the location of those hidden services. "Over the past few years, researchers have discovered various attacks on the Tor network. We've implemented some defenses against these attacks (PDF), but these defenses do not solve all known issues and there may even be attacks unknown to us." Another possible Tor attack vector could be the Guard Discovery attack. The guard node is the only node in the whole network that knows the actual IP address of the hidden service so if the attacker manages to compromise the guard node or somehow obtain access to it, she can launch a traffic confirmation attack to learn the identity of the hidden service. "We've been discussing various solutions to the guard discovery attack for the past many months but it's not an easy problem to fix properly. Help and feedback on the proposed designs is appreciated."
According to Lewman, the task of hiding the location of low-latency web services is a very hard problem and we still don't know how to do it correctly. It seems that there are various issues that none of the current anonymous publishing designs have really solved. "In a way, it's even surprising that hidden services have survived so far. The attention they have received is minimal compared to their social value and compared to the size and determination of their adversaries." -
Another Election, Another Slew of Voting Machine Glitches
An anonymous reader writes: As Election Day in the U.S. starts to wind down, reports from around the country highlight another round of technological failures at the polls. In Virginia, the machines are casting votes for the wrong candidates. In North Carolina, polling sites received the wrong set of thumb drives, delaying voters for hours. In Michigan, software glitches turned voters away in the early morning, including a city mayor. A county in Indiana saw five of its polling sites spend hours trying to get the machines to boot correctly. And in Connecticut, an as-yet-unspecified computer glitch caused a judge to keep the polls open for extra time. When are we going to get this right? -
James Bamford Releases DOJ Report On NSA Warrantless Wiretapping From 1976
maynard writes: Investigative Journalist James Bamford knows a thing or two more than most about the National Security Agency. Across his more than three-decade long career digging muck out of exactly those places U.S. government intelligence agencies preferred he wouldn't tread, he's published five books and over eighty press reports. At times, this made for some tense confrontations with intelligence officials from an organization once so secret even few members of Congress knew of its existence.
For the last several years public focus on the NSA has been on Bush and Obama era reports of illicit domestic spying. From allegations of warrantless wiretapping reported by James Risen in 2005 to secret documents released to journalists at The Guardian by Edward Snowden a year ago. And smack in the middle, Bamford's 2012 revelation of the existence of a huge, exabyte-capable data storage facility then under construction in Bluffdale, Utah.
Given all this attention on recent events, it might come as a surprise to some that almost forty years ago Senator Frank Church convened a congressional committee to investigate reports of unlawful activities by U.S. intelligence agencies, including illegal domestic wiretapping by the NSA. At the time, Church brought an oversight magnifying glass over what was then half-jokingly referred to as "No Such Agency." And then, like today, James Bamford was in the thick of it, with a Snowden-like cloak-and-dagger game of spy-vs-journalist. It all began by giving testimony before the Church Committee. Writing yesterday in The Intercept, Bamford tells his firsthand historical account of what led him to testify as a direct witness to NSA's wiretapping of domestic communications decades ago and then details the events that led to the publication of his first book The Puzzle Palace back in 1982. Read on for more. Bamford writes:...during the summer of 1975, as reports began leaking out from the Church Committee, I was surprised to learn that the NSA was claiming that it had shut down all of its questionable operations a year and a half earlier. Surprised because I knew the eavesdropping on Americans had continued at least into the prior fall, and may have still been going on. After thinking for a day or so about the potential consequences of blowing the whistle on the NSA—I was still in the Naval Reserve, still attending drills one weekend a month, and still sworn to secrecy with an active NSA clearance—I nevertheless decided to call the Church Committee.
But he didn't stop at the witness stand. Afterward, he continued researching the matter for a book. And the further he dug, the more waves he made. Until someone slipped him a then recently declassified copy of a 1976 Justice Department memo [PDF] detailing a criminal investigation into illicit domestic spying by the NSA. But when agency officials discovered he had that document they took extraordinary measures attempting to get it back. They threatened to prosecute under the 1917 Espionage Act and retroactively reclassified the memo to squelch its contents.
Fearing someone might break into his home and steal the manuscript, Bamford arranged to transport and secure a copy outside of U.S. jurisdiction with a colleague at the Sunday Times of London. It was only upon the 1982 publication of Puzzle Palace that the agency dropped their pursuit of Bamford and his document as a lost cause. That's at least one stark difference between then and today when it comes to whistleblowers — back then, they merely threatened espionage charges.
Yogi Berra famously once said, "It's like Deja Vu all over again." And though the Yankees' star wasn't speaking of illicit domestic wiretaps by the national security state, given a comparison of recent revelations to those detailed by Bamford decades earlier the quote certainly fits. In telling his story of how he published details about the last NSA Merry-Go-Round with warrantless wiretapping, Bamford shows us that our recent troubles of lawless surveillance aren't so unique. It's deja-vu all over again. But if deja vu is like a waking dream, this seems more a recurring nightmare for a body-politic lured to snoring slumber by a siren-song of political passivity.
That old Justice Department memo isn't likely to wake the public from their slumber. But within its pages is a stark warning we all should have heeded. As Bamford notes in that Intercept story, the report's conclusion that NSA lawlessness stems straight from the birth of the agency suggests a constitutional conflict systemic and intentional....the NSA's top-secret "charter" issued by the Executive Branch, exempts the agency from legal restraints placed on the rest of the government. "Orders, directives, policies, or recommendations of any authority of the Executive branch relating to the collection ... of intelligence," the charter reads, "shall not be applicable to Communications Intelligence activities, unless specifically so stated." This so-called "birth certificate," the Justice Department report concluded, meant the NSA did not have to follow any restrictions placed on electronic surveillance "unless it was expressly directed to do so." In short, the report asked, how can you prosecute an agency that is above the law?
Here's the "Prosecutive Summary" (PDF).
-
James Bamford Releases DOJ Report On NSA Warrantless Wiretapping From 1976
maynard writes: Investigative Journalist James Bamford knows a thing or two more than most about the National Security Agency. Across his more than three-decade long career digging muck out of exactly those places U.S. government intelligence agencies preferred he wouldn't tread, he's published five books and over eighty press reports. At times, this made for some tense confrontations with intelligence officials from an organization once so secret even few members of Congress knew of its existence.
For the last several years public focus on the NSA has been on Bush and Obama era reports of illicit domestic spying. From allegations of warrantless wiretapping reported by James Risen in 2005 to secret documents released to journalists at The Guardian by Edward Snowden a year ago. And smack in the middle, Bamford's 2012 revelation of the existence of a huge, exabyte-capable data storage facility then under construction in Bluffdale, Utah.
Given all this attention on recent events, it might come as a surprise to some that almost forty years ago Senator Frank Church convened a congressional committee to investigate reports of unlawful activities by U.S. intelligence agencies, including illegal domestic wiretapping by the NSA. At the time, Church brought an oversight magnifying glass over what was then half-jokingly referred to as "No Such Agency." And then, like today, James Bamford was in the thick of it, with a Snowden-like cloak-and-dagger game of spy-vs-journalist. It all began by giving testimony before the Church Committee. Writing yesterday in The Intercept, Bamford tells his firsthand historical account of what led him to testify as a direct witness to NSA's wiretapping of domestic communications decades ago and then details the events that led to the publication of his first book The Puzzle Palace back in 1982. Read on for more. Bamford writes:...during the summer of 1975, as reports began leaking out from the Church Committee, I was surprised to learn that the NSA was claiming that it had shut down all of its questionable operations a year and a half earlier. Surprised because I knew the eavesdropping on Americans had continued at least into the prior fall, and may have still been going on. After thinking for a day or so about the potential consequences of blowing the whistle on the NSA—I was still in the Naval Reserve, still attending drills one weekend a month, and still sworn to secrecy with an active NSA clearance—I nevertheless decided to call the Church Committee.
But he didn't stop at the witness stand. Afterward, he continued researching the matter for a book. And the further he dug, the more waves he made. Until someone slipped him a then recently declassified copy of a 1976 Justice Department memo [PDF] detailing a criminal investigation into illicit domestic spying by the NSA. But when agency officials discovered he had that document they took extraordinary measures attempting to get it back. They threatened to prosecute under the 1917 Espionage Act and retroactively reclassified the memo to squelch its contents.
Fearing someone might break into his home and steal the manuscript, Bamford arranged to transport and secure a copy outside of U.S. jurisdiction with a colleague at the Sunday Times of London. It was only upon the 1982 publication of Puzzle Palace that the agency dropped their pursuit of Bamford and his document as a lost cause. That's at least one stark difference between then and today when it comes to whistleblowers — back then, they merely threatened espionage charges.
Yogi Berra famously once said, "It's like Deja Vu all over again." And though the Yankees' star wasn't speaking of illicit domestic wiretaps by the national security state, given a comparison of recent revelations to those detailed by Bamford decades earlier the quote certainly fits. In telling his story of how he published details about the last NSA Merry-Go-Round with warrantless wiretapping, Bamford shows us that our recent troubles of lawless surveillance aren't so unique. It's deja-vu all over again. But if deja vu is like a waking dream, this seems more a recurring nightmare for a body-politic lured to snoring slumber by a siren-song of political passivity.
That old Justice Department memo isn't likely to wake the public from their slumber. But within its pages is a stark warning we all should have heeded. As Bamford notes in that Intercept story, the report's conclusion that NSA lawlessness stems straight from the birth of the agency suggests a constitutional conflict systemic and intentional....the NSA's top-secret "charter" issued by the Executive Branch, exempts the agency from legal restraints placed on the rest of the government. "Orders, directives, policies, or recommendations of any authority of the Executive branch relating to the collection ... of intelligence," the charter reads, "shall not be applicable to Communications Intelligence activities, unless specifically so stated." This so-called "birth certificate," the Justice Department report concluded, meant the NSA did not have to follow any restrictions placed on electronic surveillance "unless it was expressly directed to do so." In short, the report asked, how can you prosecute an agency that is above the law?
Here's the "Prosecutive Summary" (PDF).
-
Ross Ulbricht's Lawyer Requests Suppression Of Silk Road Evidence
Despite a failed attempt to have charges dismissed, the alleged Silk Road operator Ross Ulbricht's lawyer has filed a new motion to have evidence dismissed, citing recent court rulings in an argument that the Silk Road related searches were overly broad. From the article: Dratel [Ulbricht's lawyer] argues in his 102-page motion filed last Friday that "the government conducted a series of 14 searches and seizures of various physical devices containing electronically stored information ('ESI'), and of ESI itself from Internet providers and other sources. Some of the ESI was obtained via search warrant, but other ESI was obtained via court order, and still other ESI was obtained without benefit of any warrant at all." ...
The defense lawyer argues that even the searches for which the government had a warrant were overbroad and based on evidence that may have been obtained illegally. The attorney writes: " As set forth ante, all of the searches and seizures conducted pursuant to warrants and/or orders were based on the initial ability of the government to locate the Silk Road Servers, obtain the ESI on them, and perform extensive forensic analysis of that ESI. Thus, all subsequent searches and seizures are invalid if that initial locating the Silk Road Servers, obtaining their ESI, and gaining real-time continued access to those servers, was accomplished unlawfully." -
Court Rejects Fox's Attempt to Use Aereo Ruling Against Dish's Hopper
Fox and Dish have been locking horns over Dish over its streaming and PVR services for a while now, and immediately after the Aereo ruling Fox sought an injunction against Dish's services. The court rejected the request. From the article: Fox pointed out the Supremes had reflected Aereo's argument (which it said was Dish's as well) that a performance was not public under the Copyright Act if each sub watches a unique stream. Fox's lawyer, Richard Stone, argued that Aereo was also essentially about attaching a Slingbox to a DVR. But that got some pushback. One judge countered that it was "completely different technology" and said that while that was the argument, "the Supreme court has all sorts of caveats in the opinion about how this was about Aereo and nothing else and a lot of the 'nothing elses' seem to be pretty similar to Slingbox." The underlying case will continue moving forward (going to trial in early 2015). -
Mass. Supreme Court Says Defendant Can Be Compelled To Decrypt Data
Trailrunner7 (1100399) writes ... Security experts have been pounding the drum about the importance of encrypting not just data in transit, but information stored on laptops, phones, and portable drives. But the Massachusetts Supreme Judicial Court put a dent in that armor on Wednesday, ruling that a criminal defendant could be compelled to decrypt the contents of his laptops. The case centers on a lawyer who was arrested in 2009 for allegedly participating in a mortgage fraud scheme. The defendant, Leon I. Gelfgatt, admitted to Massachusetts state police that he had done work with a company called Baylor Holdings and that he encrypted his communications and the hard drives of all of his computers. He said that he could decrypt the computers seized from his home, but refused to do so. The MJSC, the highest court in Massachusetts, was considering the question of whether the act of entering the password to decrypt the contents of a computer was an act of self-incrimination, thereby violating Gelfgatt's Fifth Amendment rights. The ruling. -
Man Behind Hacks of Bush Family and Other Celebs Indicted In the US
New submitter criticalmass24 writes: 42-year-old Marcel Lehel Lazar, better known as Guccifer, the hacker that gained unauthorized access to email and social network accounts of high-profile public figures, has been charged in the United States. According to the Department of Justice, "[F]rom December 2012 to January 2014, Lazar hacked into the e-mail and social media accounts of high-profile victims, including a family member of two former U.S. presidents, a former U.S. Cabinet member, a former member of the U.S. Joint Chiefs of Staff, and a former presidential adviser. After gaining unauthorized access to their e-mail and social media accounts, Lazar publicly released his victims’ private e-mail correspondence, medical and financial information, and personal photographs. The indictment also alleges that in July and August 2013, Lazar impersonated a victim after compromising the victim’s account." The full indictment can be read online. -
Google Hit With Antitrust Lawsuit Over Default Search on Android Phones
itwbennett writes: "A class-action lawsuit filed Thursday (PDF) accuses Google of strong-arming device manufacturers into making its search engine the default on Android devices, driving up the cost of those devices and hurting consumers. The suit does not argue that device manufacturers entered Mobile Application Distribution Agreements involuntarily, but that the market power of Google compels them to. 'Because consumers want access to Google's products, and due to Google's power in the U.S. market for general handheld search, Google has unrivaled market power over smartphone and tablet manufacturers,' says the suit." -
Lavabit Loses Contempt Appeal
After being forced to turn over encryption keys (being held in contempt of court for several weeks after initially refusing to comply), secure mail provider Lavabit halted all operations last year. With the assistance of the EFF, an appeal was mounted. Today, the appeals court affirmed the district court decision and rejected the appeal. From Techdirt: "The ruling does a decent job explaining the history of the case, which also details some of the (many, many) procedural mistakes that Lavabit made along the way, which made it a lot less likely it would succeed here. ... The procedural oddities effectively preclude the court even bothering with the much bigger and important question of whether or not a basic pen register demand requires a company to give up its private keys. The hail mary attempt in the case was to argue that because the underlying issues are of 'immense public concern' (and they are) that the court should ignore the procedural mistakes. The court flatly rejects that notion: 'exhuming forfeited arguments when they involve matters of “public concern” would present practical difficulties. For one thing, identifying cases of a “public concern” and “non-public concern” –- divorced from any other consideration –- is a tricky task governed by no objective standards..... For another thing, if an issue is of public concern, that concern is likely more reason to avoid deciding it from a less-than-fully litigated record....'" -
A Dispatch From Outside the Prison Holding Barrett Brown
Daniel_Stuckey writes with an excerpt from his story at Motherboard: "Yesterday, I got as close as any media physically can to Barrett Brown, the American journalist that was locked up in late 2012 for pasting a hyperlink in a chatroom, which federal prosecutors alleged contained leaked credit card data from the Statfor hacks. Due to a media gag order upheld by the US District Court in the Northern District of Texas, Brown isn't allowed to make "any statement to members of any television, radio, newspaper, magazine, internet (included, but not limited to bloggers)," with the exception of Kevin M. Gallagher, who heads his defense fund. ... Earlier this week, US Attorney Sarah Saldaña filed a motion to dismiss 11 of Brown's charges, namely those related to the pasted hyperlink (including trafficking in stolen authentication features, aggravated identity theft, and access device fraud). The motion came as both a victory for Brown's case, and a sigh of relief to supporters who have continuously cited the absurdity of his charges related to hyperlinking."