Slashdot Mirror

carmendrahl writes "Unless Congress and the White House act before March 1, the automatic across-the-board spending cuts known as the sequester will kick in. And federal agencies are bracing for the fiscal impact. Federal agencies and the White House are releasing details about how these cuts will affect their operations. If the cuts take effect, expect fewer inspections to the food supply, cuts to programs that support cleanups at former nuclear plants, and plenty of researcher layoffs, among other things."

New submitter electron sponge writes "On Friday morning, the Senate renewed the FISA Amendments Act (PDF), which allows for warrantless electronic eavesdropping, for an additional five years. The act, which was originally passed by Congress in 2008, allows law enforcement agencies to access private communications as long as one participant in the communications could reasonably be believed to be outside the United States. This law has been the subject of a federal lawsuit, and was argued before the Supreme Court recently. 'The legislation does not require the government to identify the target or facility to be monitored. It can begin surveillance a week before making the request, and the surveillance can continue during the appeals process if, in a rare case, the secret FISA court rejects the surveillance application. The court’s rulings are not public.'" The EFF points out that the Senate was finally forced to debate the bill, but the proposed amendments that would have improved it were rejected.

New submitter Likes Microsoft writes "Yesterday, Senator Ron Wyden (D-Oregon) introduced a Net Neutrality bill aimed at ISPs using data caps soley for profiteering purposes, rather than the 'traffic management' purpose they often claim. The text of the bill is available at Wyden's Senate page. It would require ISPs to be certified by the FCC before implementing data caps. It says, in part, 'The [FCC] shall evaluate a data cap proposed by an Internet service provider to determine whether the data cap functions to reasonably limit network congestion in a manner that does not unnecessarily discourage use of the Internet.' In a statement, Wyden said, 'Americans are increasingly tethered to the Internet and connecting more devices to it, but they don’t really have the tools to effectively manage data consumption across their networks. Data caps create challenges for consumers and run the risk of undermining innovation in the digital economy if they are imposed bluntly and not designed to truly manage network congestion.'"

New submitter Likes Microsoft writes "Yesterday, Senator Ron Wyden (D-Oregon) introduced a Net Neutrality bill aimed at ISPs using data caps soley for profiteering purposes, rather than the 'traffic management' purpose they often claim. The text of the bill is available at Wyden's Senate page. It would require ISPs to be certified by the FCC before implementing data caps. It says, in part, 'The [FCC] shall evaluate a data cap proposed by an Internet service provider to determine whether the data cap functions to reasonably limit network congestion in a manner that does not unnecessarily discourage use of the Internet.' In a statement, Wyden said, 'Americans are increasingly tethered to the Internet and connecting more devices to it, but they don’t really have the tools to effectively manage data consumption across their networks. Data caps create challenges for consumers and run the risk of undermining innovation in the digital economy if they are imposed bluntly and not designed to truly manage network congestion.'"

Hugh Pickens writes "When it comes to infrastructure, politicians usually prefer shiny new projects over humdrum repairs. A brand-new highway is exciting: There's a ribbon-cutting, and there's less need to clog up existing lanes with orange cones and repair crews. So it's not surprising that 57 percent of all state highway funding goes toward new construction, often stretching out to the suburbs, even though new roads represent just 1.3 percent of the overall system. Now Brad Plumer writes in the Washington Post that many transportation reformers think this is a wrong-headed approach and that we should focus our dollars on fixing and upgrading existing infrastructure rather than continuing to build sprawling new roads). UCLA economist Matthew Kahn and the University of Minnesota's David Levinson made a more detailed case for a 'fix-it first' strategy. They noted that, at the moment, federal highway spending doesn't get subjected to strict cost-benefit analysis, and governments often build new roads when they arguably shouldn't (PDF). And that's to say nothing of data suggesting that poor road conditions are a 'significant factor' in one-third of all fatal crashes, and cause extra wear and tear on cars."

OverTheGeicoE writes "Over a month after Sen. Rand Paul announced his desire to pull the plug on TSA, he has finally released his legislation that he tweets will 'abolish the #TSA & establish a passengers "Bill of Rights."' Although the tweet sounds radical, the press release describing his proposed legislation is much less so. 'Abolition' really means privatization; one of Paul's proposals would simply force all screenings to be conducted by private screeners. The proposed changes in the 'passenger Bill of Rights' appear to involve slight modifications to existing screening methods at best. Many of his 'rights' are already guaranteed under current law, like the right to opt-out of body scanning. Others can only vaguely be described as rights, like 'expansion of canine screening.' Here's to the new boss..."

New submitter rivin2e writes "SOPA has been sent back to the drawing board. 'The move came shortly after the Senate postponed a key vote on the companion PIPA bill scheduled for next week and amid calls for consensus before Congress moves forward on any legislation to address the problem of foreign piracy websites,' as written by the Los Angeles Times today. Hopefully the next draft of this bill will create a better foundation to stop piracy and not just assert control over the internet." Support for the bill eroded on Wednesday as several of its co-sponsors withdrew their support. The issue is not over, however; statements were issued by both Senator Patrick Leahy and Rep. Lamar Smith indicating that they still want to find solutions to online piracy, and Smith also wrote an editorial piece for CNN to explain why he thinks such legislation is necessary. The SOPA issue was raised at the recent GOP debate, and all four candidates spoke against it.

Wednesday is here, and with it sites around the internet are going under temporary blackout to protest two pieces of legislation currently making their way through the U.S. Congress: the Stop Online Piracy Act (SOPA) and the Protect-IP Act (PIPA). Wikipedia, reddit, the Free Software Foundation, Google, the Electronic Frontier Foundation, imgur, Mozilla, and many others have all made major changes to their sites or shut down altogether in protest. These sites, as well as technology experts (PDF) around the world and everyone here at Slashdot, think SOPA and PIPA pose unacceptable risks to freedom of speech and the uncensored nature of the internet. The purpose of the protests is to educate people — to let them know this legislation will damage websites you use and enjoy every day, despite being unrelated to the stated purpose of both bills. So, we ask you: what can you do to stop SOPA and PIPA? You may have heard the House has shelved SOPA, and that President Obama has pledged not to pass it as-is, but the MPAA and SOPA-sponsor Lamar Smith (R-TX) are trying to brush off the protests as a stunt, and Smith has announced markup for the bill will resume in February. Meanwhile, PIPA is still present in the Senate, and it remains a threat. Read on for more about why these bills are bad news, and how to contact your representative to let them know it.

Note: This will be the last story we post today until 6pm EST in protest of SOPA. Why is it bad?

The Stop Online Piracy Act is H.R.3261, and the Protect-IP Act is S.968.

The intent of both pieces of legislation is to combat online piracy, giving the Attorney General and the Department of Justice power to block domain name services and demand that links be stripped from sites not involved in piracy. The problem is that the legislation, as written, is vague and overly-broad. For one thing, it classifies internet sites as "foreign" or "domestic" based entirely on their domain name. A site hosted abroad like Wikileaks.org could be classified as "domestic" because the .org TLD is registered through a U.S. authority. By defining it as "domestic," Wikileaks would then fall under the jurisdiction of U.S. laws. Other provisions are worded even more poorly: in Section 103, SOPA lays out the definition for a "foreign infringing site" as one where "the owner or operator of such Internet site is committing or facilitating the commission of criminal violations punishable under [provisions relating to counterfeiting and copyright infringement]." The problematic word is facilitating, as it opens the door to condemning sites that simply link to other sites.

The most obvious implication of this is that search engines would suddenly be responsible for monitoring and policing everything they index. Google indexed its trillionth concurrent URL in 2008. Can you imagine how many people it would take to double check all of them for infringing content? But the job wouldn't end at simply looking at them — Google would have to continually monitor them. Google would also have to somehow keep track of the billions of new sites that spring up daily, many of which would be trying to avoid close scrutiny. Of course, it's an impossible task, so there would need to be automated solutions. Automation being imperfect, it would leave us with false positives. Or perhaps sites would need to be "approved" to be listed. Either way, we'd then be dealing with censorship on a massive scale, and the infringing sites themselves would continue to pop up.

But the problems don't end there; in fact, SOPA defines "Internet search engine" as a service that "searches, crawls, categorizes, or indexes information or Web sites available elsewhere on the Internet" and links to them. That's pretty much what we do here at Slashdot. It's also something the fine folks at Wikipedia and reddit do on a regular basis. The strength of all three sites is that they're heavily dependent on user-generated content. Every day at Slashdot, readers deposit hundreds and hundreds of links into our submissions bin. Thousands of comments are made daily. We have a system to surface the good content, but the chaff still exists. If we suddenly had a mandate to retroactively filter out all the links to potentially copyright-infringing sites in our database, we wouldn't have many options. We're talking about reviewing hundreds of thousands of submissions, and every comment on 117,000+ stories. And we're far from the biggest site around — imagine social networks needing to police their content, and all the privacy issues that would raise.

Small sites and new sites would be hurt, too. A website isn't a single, discrete entity that exists on its own. A new company starting up a site would have to worry about its webhost, registrar, content provider, ISP, etc. The legislation would also raise significant financial obstacles. New companies need investments, and that would be much less likely (PDF) if the company could be held liable for content uploaded by users. On top of that, if the site was unable to live up to the vague standards set by the government and the entertainment industry, they could be on the receiving end of a lawsuit, which would be expensive to fight even if they won (and such laws would never, ever be abused). It's hard to conceptualize the internet without noting its unrivaled growth, and SOPA/PIPA would surely stifle it.

This legislation hits near and dear to the hearts of many Slashdotters; if SOPA/PIPA pass, IT staff for companies small and large are going to have their hands full making sure they aren't opening themselves to legal action or government intervention. Mailing lists, used commonly and extensively among open source software projects, would be endangered. Code repositories would need be scoured for infringing content; the bill allows for the strangling of revenue sources if its anti-infringement rules aren't being met. VPN and proxy services become only questionably legal. The very nature of the open source community — as the EFF puts it, "decentralized, voluntary, international" — is not compatible with the burdens placed on internet sites by SOPA and PIPA.

What can we do?

So, what can we do about it? There are two big things: contact your representative, and spread the word. Slashdot readers, on the whole, are more technically-minded than the average internet user, so you're all in a position to share your wisdom with the less internet-savvy people in your life, and get them to contact their representative, too. Here's some useful information for doing so:

Propublica has a list of all SOPA/PIPA supporters and opponents.
Here is the Senate contact list and the House contact list.
You can also use the EFF's form-letter, the Stop American Censorship form-letter, or sign Google's petition.
If you don't live in the U.S., you can petition the State Department. (And yes, you have a dog in this fight.)
SOPAStrike has a list of companies participating in the protest, and this crowd-sourced Google Doc tracks companies that support the legislation. Tell those companies what you think.

Further reading: Wikipedia has left their SOPA and PIPA pages up. The EFF has a series of articles explaining in more depth what is wrong with the bills. Here are some protest letters written to Congress from human rights groups, law professors, and internet companies.

Go forth and educate.

SharkLaser writes "U.S. Senators have written to the U.S. Federal Trade Commission about their concerns over Google's Internet monopoly. Google executives did themselves no favors when the Senators looked at Google's business practices in September. When asked if Google has monopoly in online search, Google chairman Eric Schmidt is quoted as saying 'I would agree, Senator, that we are in that area.' Another worrying quote is from Marissa Meyer, Google's VP of location services, who said that it was 'only fair' that Google put its own sites on higher placements than competitors. The Senators are also warning that Google is only facing one real competitor (PDF), Microsoft's Bing. Almost all other metasearch engines use either Google or Bing technology to deliver search results, including DuckDuckGo which uses Bing. In Europe Google is currently under investigation of monopoly abuse and the EU has also delayed Google's purchase of Motorola Mobility."

alphadogg writes "A Cornell University professor is calling the controversial Carrier IQ smartphone software revelations a privacy disaster. 'This is my worst nightmare,' says Stephen Wicker, a professor of electrical and computer engineering at Cornell. 'As a professor who studies electronic security, this is everything that I have been working against for the last 10 years. It is an utterly appalling invasion of privacy with immense potential for manipulation and privacy theft that requires immediate federal intervention.'" Read on for a grab-bag of other news about the ongoing story of Carrier IQ's spyware. Federal intervention is already on the menu; new submitter mitcheli writes "Following the video from Trevor Eckhart on Youtube after the filing of the Cease and Desist letter and subsequent reply by the EFF and apology letter (as reported on Slashdot), Senator Franken of the Subcommittee on Privacy Technology and the Law asks some rather pointed questions."

Franken has more reason, apparently, to look into this than might legislators in other countries; an anonymous reader submits news that Cambridge researchers have found the software to be confined to (or at least only confirmed in) American customers' phones. From their report: "We performed an analysis on our dataset of 5572 Android smartphones that volunteers from all over the world helped us create. From those 5572 devices, only 21 were found to be running the software, all of them in the US and Puerto Rico. The affected carriers we observed were AT&T, Boost Mobile and Sprint.
We found no evidence of the Carrier IQ software running on Android devices in any other country."

Another anonymous reader suggests that "Apart from anything else, the fundamental mistake that Carrier IQ made was attempting to silence a developer using a heavy-handed legal threat. Certainly this was the tipping point in terms of bring the whole incident to the public's attention."

Like apparently begets like; reader adeelarshad82 writes "Not surprisingly, the Carrier IQ controversy has resulted in some legal action. Class-action lawsuits have been filed in California and Missouri that accuse Carrier IQ, as well as Samsung and HTC, of violating federal wiretap laws. The California case was filed on behalf of four smartphone users with HTC and Samsung devices and accuses the companies of violating the Federal Wiretap Act, which prohibits the unauthorized interception or illegal use of electronic communications, and California's Unfair Business Practice Act."

Finally, GMGruman writes with the cautionary note that Carrier IQ and Facebook pose "the least of your privacy threats": "[S]o far these forms of monitoring anonymize the data, so an individual's actual privacy is not invaded. And while people fret over these potential invasions, a more pernicious privacy invasion is under way, one that monitors actual individuals and then uses that information to try to direct their behavior. For example, car insurers give monitoring boxes to customers to track their driving behavior and offer a discount if it is 'good.' Of course, the flip side is higher rates or no coverage if the black box decides you are "bad." And, as this blog post points out, this is just one of many such 'Big Brother corporation' efforts out there that give significant power to insurers and others who have a history of abusing personal information, such as for redlining and coverage denial."

angry tapir writes "An upcoming version [PDF] of U.S. legislation designed to combat copyright infringement on the Web may include provisions that hold online services such as Twitter, Facebook and YouTube legally responsible for infringing material posted by users, according to one group opposed to the bill. 'If Demand Progress is correct about the House version of PROTECT IP, the bill would overturn parts of the 13-year-old Digital Millennium Copyright Act that protect websites and ISPs from copyright lawsuits for the infringing activity of their users.'"

Hugh Pickens writes "Reuters reports that Chinese solar companies could soon find themselves bereft of some of their biggest foreign markets as Western manufacturers intensify a solar trade war and seek stiff anti-dumping duties on low-cost Chinese products. German group SolarWorld says it is working on steps to curb alleged price dumping by Chinese rivals in Europe as a group of seven U.S. solar companies urges the U.S. government to slap anti-dumping duties on Chinese-made solar energy products. Western solar companies have been at odds with their Chinese counterparts for years, alleging they receive lavish credit lines to offer modules at cheaper prices. 'American solar operations should be rapidly expanding to keep pace with the skyrocketing demand for these products,' says Senator Ron Wyden of Oregon whose office authored a whitepaper called 'China's Grab for Green Jobs.' (PDF) 'But that is not what has been happening. There seems to be one primary explanation for this; that is, that China is cheating.'"

bs0d3 writes "Right now the police and FBI are able to use GPS tracking devices, stingrays, and other tracking technologies without a warrant. They can read your personal emails without a warrant, they can recall your phone call history, all without a warrant. These are clear violations of the fourth amendment, but time and time again the courts are ruling that the fourth amendment doesn't protect people who use modern technology. This week Senators Ron Wyden (D-OR), Mark Kirk (R-IL), and Jason Chaffetz (D-UT) announced a bill with bipartisan support called the Geolocation Privacy and Surveillance Act. It provides sorely needed legal clarity for the use of electronically-obtained location data that can be used to track and log the location and movements of individual Americans. The G.P.S. Act is supported by the American Civil Liberties Union, Americans for Tax Reform, Competitive Enterprise Institute, the Center for Democracy and Technology, the Constitution Project, and the Electronic Frontier Foundation. The full text of the bill can be read online."

bs0d3 writes "Right now the police and FBI are able to use GPS tracking devices, stingrays, and other tracking technologies without a warrant. They can read your personal emails without a warrant, they can recall your phone call history, all without a warrant. These are clear violations of the fourth amendment, but time and time again the courts are ruling that the fourth amendment doesn't protect people who use modern technology. This week Senators Ron Wyden (D-OR), Mark Kirk (R-IL), and Jason Chaffetz (D-UT) announced a bill with bipartisan support called the Geolocation Privacy and Surveillance Act. It provides sorely needed legal clarity for the use of electronically-obtained location data that can be used to track and log the location and movements of individual Americans. The G.P.S. Act is supported by the American Civil Liberties Union, Americans for Tax Reform, Competitive Enterprise Institute, the Center for Democracy and Technology, the Constitution Project, and the Electronic Frontier Foundation. The full text of the bill can be read online."

coondoggie writes "U.S. Senator Charles Schumer (D-NY) sent a letter to the Federal Trade Commission to get the agency to investigate recent changes navigation and emergency services company OnStar made to its privacy practices. Schumer said, 'By tracking drivers even after they’ve cancelled their service, OnStar is attempting one of the most brazen invasions of privacy in recent memory. I urge OnStar to abandon this policy and for FTC to immediately launch a full investigation to determine whether the company’s actions constitute an unfair trade practice.'"

nonprofiteer writes "The Computer Fraud and Abuse Act previously made 'unauthorized access to a computer system' a crime — meant to apply to hackers, it also criminalized violations of a website's ToS or of a workplace's computer policies. The law is being changed to make the crime a felony rather than a misdemeanor, which led some to worry about the potential for its abuse. However, Senators Franken and Grassley added an amendment (PDF) to exempt violations of ToS and employer policies from the lists of felony activity. w00t for common sense."

An anonymous reader writes "The first top-to-bottom audit of the Federal Reserve uncovered eye-popping new details about how the U.S. provided a whopping $16 trillion in secret loans to bail out American and foreign banks and businesses during the worst economic crisis since the Great Depression."

An anonymous reader writes "The first top-to-bottom audit of the Federal Reserve uncovered eye-popping new details about how the U.S. provided a whopping $16 trillion in secret loans to bail out American and foreign banks and businesses during the worst economic crisis since the Great Depression."

mask.of.sanity writes "A bill introduced by Sen. Patrick Leahy in the US Senate would require authorities to obtain a court-issued search warrant before retrieving a person's email and other content stored in cloud services. The law would update a 28 year old law, which Leahy also introduced, that does not require warrants for data access. The Bill will not prevent the FBI from accessing data without a warrant under terrorism and intellgence clauses."

Last fall, Senator Patrick Leahy (D-VT) introduced the Combating Online Infringement and Counterfeits Act (COICA), which was dubbed the "internet blacklist" by opponents worried about its broad provisions for allowing the removal of websites based on vague criteria. COICA stalled in Congress, but now Leahy has proposed a new, similar piece of legislation called the PROTECT IP Act (PDF). "Like COICA, Protect IP expands the web of enforcement techniques by requiring advertising networks and financial transaction providers to cut ties to domains found to violate the law. But the new version now adds search engines and others to the list of providers who can be conscripted into complying with court orders. Protect IP would require 'information location tools' to 'take technically feasible and reasonable measures, as expeditiously as possible,' to remove or disable access to the site associated with a condemned domain, including blocking hypertext links to the site. ... Perhaps most worrisome of all, Protect IP adds a provision that allows copyright and trademark holders to sue the owner/operator of a domain directly. Again, the provision applies only to nondomestically-registered domains, but it allows the private party, like the government, to sue the domain name itself if the registrant does not have a US address. That's important because in all cases, once a suit is initiated, the plaintiff can ask the court to issue an injunction or restraining order effectively shutting the site down."

Several readers have sent in follow-up articles to Wednesday's news that iPhone location data was being tracked and stored. First, it seems Android shares a similar problem, though the file containing the location data is "only accessible on devices that have been rooted and opened up to installation of unsigned apps." Developer Magnus Eriksson has created an app to flush this data. Next: the iPhone tracking file is not new, just in a different place than it used to be. Reader overThruster then points out a CNet story indicating that law enforcement has been aware of this file for some time, and has used it in a forensics context. This story is a growing concern for Apple, particularly now that Senator Al Franken (PDF) and Rep. Ed Markey (PDF) have both written letters to Steve Jobs demanding details about the location tracking. Finally, PCMag explains how to view the location data present on your iPhone, should you so desire.

eldavojohn writes "Remember when Verizon sued the FCC over net neutrality rules? Well, Senators Maria Cantwell (D-WA) and Al Franken (D-MN) see it a bit differently and have authored a new working bill titled 'Internet Freedom, Broadband Promotion, and Consumer Protection Act of 2011 (PDF).' The bill lays out some stark clarity on what is meant by Net Neutrality by outright banning ISPs from doing many things including '(6) charge[ing] a content, application, or service provider for access to the broadband Internet access service providers' end users based on differing levels of quality of service or prioritized delivery of Internet protocol packets; (7) prioritiz[ing] among or between content, applications, and services, or among or between different types of content, applications, and services unless the end user requests to have such prioritization... (9) refus[ing] to interconnect on just and reasonable terms and conditions.' And that doesn't count for packets sent over just the internet connections but also wireless, radio, cell phone or pigeon carrier. Franken has constantly reiterated that this is the free speech issue of our time and Cantwell said, 'If we let telecom oligarchs control access to the Internet, consumers will lose. The actions that the FCC and Congress take now will set the ground rules for competition on the broadband Internet, impacting innovation, investment, and jobs for years to come. My bill returns the broadband cop back to the beat, and creates the same set of obligations regardless of how consumers get their broadband.'"

FleaPlus writes "Utah congressmen Orrin Hatch, Bob Bennett, Rob Bishop, and Jim Matheson issued a statement claiming that NASA's design process for a new congressionally-mandated heavy-lift rocket system may be trying to circumvent the law. According to the congressmen and their advisors from solid rocket producer ATK, the heavy-lift legislation's requirements can only be met by rockets utilizing ATK's solid rocket boosters. They are alarmed that NASA is also considering other approaches, such as all-liquid designs based on the rockets operated by the United Launch Alliance and SpaceX. ATK's solid rockets were arguably responsible for many of the safety and cost problems which plagued NASA's canceled Ares rocket system."

Hugh Pickens writes "AFP reports that the US Senate has passed (by a 'unanimous consent' voice vote) a bill that prevents US federal courts from recognizing or enforcing a foreign judgment for defamation that is inconsistent with the First Amendment to the US Constitution, which guarantees freedom of speech. If the bill becomes law it will shield US journalists, authors, and publishers from 'libel tourists' who file suit in countries where they expect to get the most favorable ruling. 'While we cannot legislate changes to foreign law that are chilling protected speech in our country, we can ensure that our courts do not become a tool to uphold foreign libel judgments that undermine American First Amendment or due process rights,' said Senate Judiciary Committee chairman Patrick Leahy. Backers of the bill have cited England, Brazil, Australia, Indonesia, and Singapore as places where weak libel safeguards attract lawsuits that unfairly harm US journalists, writers, and publishers. The popular legislation is headed to the House of Representatives, which is expected to approve it. 'This bill is a needed first step to ensure that weak free-speech protections and abusive legal practices in foreign countries do not prevent Americans from fully exercising their constitutional right to speak and debate freely,' said Senator Jeff Sessions, the top Republican on Leahy's committee."

Hugh Pickens writes "The Hill reports that Senators Orrin Hatch (R-Utah) and Kirsten Gillibrand (D-NY) have introduced a bill that would penalize foreign countries that fail to crack down on cyber criminals operating within their borders. Under the bill the White House would have the responsibility of identifying countries that pose cyber threats and the president would have to present to Congress in an annual report. Countries identified as 'hacker havens' would then have to develop plans of action to combat cybercrimes or risk cuts to their US export dollars, foreign-direct investment funds and trade assistance grants. Numerous American employers, including Cisco, HP, Microsoft, Symantec, PayPal, eBay, McAfee, American Express, Mastercard and Visa, as well as Facebook, are supporting the Senators' legislation."

bughunter passes on a report from Wired Threat Level about the effort by Democratic lawmakers to roll back some provisions of the Patriot Act. Three of its provisions expire at the end of this year, and the reform attempt is expected to be attached to legislation to renew them. "Lawmakers are considering key changes to the Patriot Act and other spy laws — proposals that could give new life to lawsuits accusing the nation's telecommunications companies of turning over Americans' electronic communications to the government without warrants. On Oct. 1, the Senate Judiciary Committee likely will consider revoking that immunity legislation as it works to revise the Patriot Act and other spy laws with radical changes that provide for more government transparency and more privacy protections." Among the other likely goals of reform efforts, according to Wired, are limiting the government's power to issue National Security Letters, and limiting "black bag" searches to cases of spying or terrorism — 65% of past searches were authorized in drug cases.

countincognito writes "Norman Borlaug, a genuinely remarkable man and the father of the Green Revolution in agriculture, has died of cancer at his Dallas home aged 95. His life's work on developing high-yield, disease-resistant crops has been credited with having saved an estimated one billion people from famine, and one billion hectares of forest and rainforest from being cleared for agricultural production."

narramissic writes "Based on a request that a group of rural operators sent asking the FCC to examine the practice of handset exclusivity, four members of the Commerce Subcommittee on Communications, Technology and the Internet sent a letter to the FCC expressing their concern. Small operators, like U.S. Cellular argue (PDF) that 'exclusive handset contracts divide wireless customers into haves and have nots.' But nationwide operators, including Verizon, maintain (PDF) that 'in the absence of exclusivity agreements, wireless carriers would have less incentive to develop and promote innovative handsets.' The Commerce Committee expects to hold a hearing on the issue tomorrow."

An anonymous reader optimistically writes that new legislation has been introduced in the Senate that would call for a nationwide adoption of electronic health records built on open source. The bill does not seek to supplant proprietary alternatives, but instead to either augment or offer a cost effective alternative. "'We need advancements in health information technology across the board to improve the quality of care Americans receive,' said Senator Rockefeller, Chairman of the Senate Finance Subcommittee on Health Care. 'To make this happen, we need universal access to affordable and interoperable health information technology — from small, rural health clinics to large, urban hospitals.'"

CWmike writes "US Sen. Charles Grassley (R-Iowa) told Microsoft this week that US citizens should get priority over H-1B visa holders as the software vendor moves forward on its plan to cut 5,000 jobs. 'These work visa programs were never intended to allow a company to retain foreign guest workers rather than similarly qualified American workers, when that company cuts jobs during an economic downturn,' Grassley wrote in a letter sent Thursday to Microsoft CEO Steve Ballmer. The letter asked Microsoft to detail the types of jobs that will be eliminated and how those cuts will affect the company's H-1B workers." Reader theodp adds, "On Friday, Microsoft coincidentally announced it would postpone construction of a planned $500 million data center in Grassley's home state of Iowa, although work on data centers in Chicago and Dublin will continue."

coondoggie sends along a NetworkWorld piece that begins, "The government... wants to motivate you to get rid of your clunker of a car for the good of the country (and the moribund car industry). A 'Cash for Clunkers' measure introduced this week by three US Senators, two Democrats and a Republican, would set up a national voucher program to encourage drivers to voluntarily trade in their older, less fuel-efficient car, truck, or SUV for a car that gets better gas mileage. Should the bill pass, the program would pay out a credit of $2,500 to $4,500 for drivers who turn in fuel-inefficient vehicles to be scrapped and purchase a more fuel-efficient vehicle."

twigles writes with news of a new proposed bill that seeks to curtail DHS's power to search and seize laptops at the border without suspicion of wrongdoing. Here is Sen. Feingold's press release on the bill. The new bill has more privacy-protecting safeguards than the previous one, which we discussed last month. "The Travelers Privacy Protection Act, a bill written by US Senators Russ Feingold, D-Wis., and Maria Cantwell, D-Wash., and Rep. Adam Smith, D-Wash., would allow border agents to search electronic devices only if they had reasonable suspicions of wrongdoing. In addition, the legislation would limit the length of time that a device could be out of its owner's possession to 24 hours, after which the search becomes a seizure, requiring probable cause."

Verified Voting is reporting that Senator Dianne Feinstein (D-CA) and Senator Robert Bennett (R-UT) introduced the Bipartisan Electronic Voting Reform Act (S. 3212). While having many commendable features, this bill also has a few stinkers, including language that would exempt from any verification requirement those paperless voting systems purchased before January 1, 2009 to meet HAVA's accessibility requirements. This would leave millions of voters (particularly those with disabilities) dependent on insecure paperless electronic machines for years to come. The Senate Rules and Administration Committee will hold a hearing tomorrow, so if you have an opinion, now is the time to make yourself heard. Rush Holt has a much better bill.

zehnra writes "The U.S. Senate this afternoon passed the FISA Amendments Act, broadly expanding the president's warrantless surveillance authority and unconstitutionally granting retroactive immunity to telecommunications companies that participated in the president's illegal domestic wiretapping program. The House of Representatives passed the same bill last month, and President Bush is expected to sign the legislation into law shortly." The New York Times has a story, as does the Associated Press (carried here by Yahoo!). Reader Guppy points out the roll call for the vote.

suitablegirl writes "As we have discussed, Customs and Border Patrol is allowed to seize and download data from laptops or electronic devices of Americans returning from abroad. At a Senate hearing tomorrow, privacy advocates and industry groups will urge the lawmakers to take action to protect the data and privacy of Americans not guilty of anything besides wanting to go home."

Slashdot contributor Bennett Haselton has written in with a tale of media rippers and corporate giants "In 2001 RealNetworks sued and blocked Streambox from distributing the Ripper, a program that let users rip and save RealAudio and RealVideo streams even if the stream contained a proprietary "do not copy" flag. Then one year ago this month, RealNetworks caused a stir by releasing a beta of RealPlayer 11 that similarly let the user record and save streams from sites like YouTube and Pandora. YouTube rippers and the like had existed before, but this was the first time a major company had included a stream ripper in its media player. And while RealPlayer 11 didn't explicitly ignore any copy protection flags, the release still provoked legal rumblings: in a Variety article by Scott Kirsner, an anonymous network exec said accused RealNetworks of 'aiding and abetting piracy' and said that they would 'more likely than not' take action against RealNetworks. But now that the feature has stayed in RealPlayer for a year, its real impact will be not on piracy but on the perceived legitimacy of ripping programs. The corporate behemoth, raked over the coals in the past for privacy violations and nuisance-ware, strikes a blow for free-culture hackers." The rest of Bennett's essay is available by following that magical link right below these words.

First, the reasons I don't think that RealPlayer has much effect on actual piracy. Yes, if a pirate has uploaded your favorite song to YouTube, you can save a copy of the video file to hear the song over and over, but you can do the same thing on YouTube itself as long as you're connected to the Internet. The anonymous network exec in the Variety article points out that RealPlayer "allows you to own [content] forever on your hard drive, even if the Web site that distributed that content illegally has taken it down in because we've complained." But regardless of what complaints they've been sending, almost all popular songs are currently available for listening on YouTube so that anyone with a Net connection can get them on demand, and that's a separate issue, with or without RealPlayer.

So then it becomes a question of whether RealPlayer enables the user to do more interesting things with the song or video, like take it with them on an iPod. RealPlayer only lets you save YouTube videos as an FLV file. But as long as doing things like playing an FLV file on an iPod requires an outside hack, that option is only available to people who are resourceful enough to go out and find tools like that (admittedly not a very high bar, but too hard for many people). So, suppose you define a "resourceful" person as someone smart enough to figure out how to convert an FLV file into an iPod-viewable format. Then there are two possibilities: (a) either a person is not that "resourceful", in which case if they want content to take with them, they'll still have to get it through legitimate channels like the iTunes store, or (b) if the person is "resourceful", they would have known about tools for ripping YouTube videos to MP3, long before RealPlayer 11 came out (in fact, most sites that come up in a search for "flv to mp3 converter" are just rippers specifically for YouTube). In either case, RealPlayer's ability to save FLV files has no impact on the market for the song.

I haven't talked about some outlier cases where RealPlayer could perhaps help a novice user avoid paying for content (if a novice pirate didn't know enough to download a movie from a BitTorrent network, they could perhaps save up enough interesting videos from YouTube for a long plane ride where they won't have Internet access). But there's an easy way to get a verdict on RealPlayer's impact on piracy: How much have you heard teenagers talking about it? You heard teens through the years buzzing about Napster, KaZaA, and BitTorrent, but... RealPlayer? The cliche among teenagers today is to go "find something on YouTube", but "and then grab it with RealPlayer" has yet to prove useful enough to enter the vernacular.

Similarly, RealPlayer can be used to rip streams from Pandora, but it's just hard enough to do it that most people are likely to give up. Before going into details, I should say that I'm against anyone trying to circumvent paying for music. Most of the time when you read that on the Web, it carries this nudge-wink subtext right before the author launches into a detailed description about how, exactly, to circumvent paying for music. But I really do believe that there is a vast untapped potential of unwritten good music out there, and that it could be tapped if there were only lower barriers of entry for musicians, better channels to distribute music to users, and a guarantee that users would pay instead of stealing it -- all of which is helped by services like Pandora. On the other hand, I also believe that if a copying scheme can be circumvented, and especially if it can be circumvented in a way that's fairly easy to discover, there's no point in keeping it secret: We might as well push things forward by acknowledging that the scheme is beatable, and deciding what to do about it.

The outing commences: if you save a stream from Pandora, RealPlayer will give you an error if you try to play the stream back from your RealPlayer library. But if you find the "mp4" file in your RealPlayer downloads, you can play it in WinAmp. However, the file as saved will not play in Windows Media Player, iTunes, or RealPlayer itself. Plus, since Pandora does not let you pick which song you want to listen to on demand, your stream might contain all the songs that you had to skip past to get the one you wanted, and you'd have to find a utility to edit the mp4 file to get rid of that cruft at the beginnig. At some point, the effort probably exceeds the dollar you'd have to pay to get the song on iTunes (or, if you're a pirate, the effort to find it on a p2p network).

Again, the "teenager buzz test" is instructive. You do hear kids these days talking about listening to songs on Pandora, but not about ripping them with RealPlayer.

Where I think RealPlayer will make the most difference in the long run is in its political and legal impact, by legitimizing stream-ripping as something that "real" companies, so to speak, are allowed to do. In 2006, Google sent a cease-and-desist letter to TechCrunch for hosting a tool that lets users save YouTube videos to their hard drives. Michael Arrington of TechCrunch blogged at the time, "I am likely to remove the tool to preserve my relationship with the company [Google/YouTube]", but the tool is still up, and I don't know whether it was ever taken down at all (TechCrunch did not respond to an inquiry). Today, there are more YouTube rippers than ever, several of them even running AdSense ads. (I'm not sure if that's within Google's rules, but I mentioned those sites while e-mailing back and forth with Google for this article, and they're all still running AdSense ads a week later.) Certainly Google would look pretty silly trying to force TechCrunch to take their ripper down today, now that Google itself is distributing RealPlayer as part of the Google Pack.

RealNetworks could argue that the main difference between RealPlayer 11, and the Streambox Ripper that they sued to have outlawed in 2001, was that the Streambox Ripper ignored the "do not copy" flag present in some RealAudio and RealVideo streams, and thus violated the Digital Millenium Copyright Act. RealNetworks says the do-not-copy flag is no longer used, having been supplanted by more sophisticated Digital Rights Management, and RealPlayer 11 will honor any DRM-protected streams and refuse to save them. But how much difference is there between "ignoring" the do-not-copy flag and "ignoring" the Terms of Service for sites like YouTube (which the program may not be aware of, but which its makers certainly are)?

We've all heard about the First Amendment implications of DeCSS code, the code for decrypting the copy-protection scheme on DVDs, being outlawed in the U.S. But the Streambox case set the bar for "violating the DMCA" considerably lower -- the Streambox Ripper didn't actively decrypt anything, it just ignored a flag set in the streaming media. What are the implications if "ignoring" a flag counts as "breaking" copy protection? Suppose Behemoth Corp releases Version 1 of some media format, and I release a third-party player that plays Version 1. Then Behemoth Corp releases the specs for Version 2 of the format, which is similar enough that it works in Version 1 players, except Version 2 now contains a "do-not-copy" flag, which my player doesn't know about. Is my player now illegal? (Well, in this case Behemoth Corp would just make sure that Version 2 doesn't play in Version 1 players. But what about general-purpose programs like Total Recorder that can record any sound playing through your computer to an MP3 file? Does that program become illegal if a company releases a new sound file format that they don't want to be copyable?) So I think the acceptance of RealPlayer has nudged us closer to legal acceptance of software that can interact with third-party sites and programs in a way that their makers don't like. That's good. It should not be against the law to make a program that interacts with third-party web sites in a way that they haven't given permission for, something I literally grew up saying.

It's brave of Google especially to be distributing RealPlayer along with the Google Pack, at the same time that YouTube is constantly attacked for enabling copyright violations. A content owner mounting a lawsuit against Google, would be foolish not to say something like, "Your Honor, not only does YouTube host thousands of videos violating the intellectual property rights of my clients, they even distribute a tool called RealPlayer that lets people violate YouTube's own Terms of Service by saving the videos to their hard drive!" Logically, of course, it's a weak argument -- RealPlayer is universally available whether Google distributes it or not -- but rhetorically the argument is golden.

On the other hand, since that hasn't happened, and RealPlayer 11 is pretty well entrenched after being out for a year, the result has probably been an expansion of our rights. Anyone else who got sued or threatened for releasing a ripping program would be able to point to RealNetworks. "Look at them, Your Honor, their Web site even tells people, 'Grab videos from thousands of Web sites with just one click', something that those 'thousands of Web sites' would probably not be thrilled with. If it's legal for RealNetworks to tell people that, how can it be illegal for me just to have a ripping program on my site?"

If a small-time programmer had made themselves a legal test case before RealPlayer 11 came out, things might have gone differently; it is an unfortunate truth that courts are probably more likely to consider something legal when it is done by a large and legitimate-looking company like RealNetworks. Big companies do well in court partly because their lawyers are paid to make good arguments, but they almost certainly also get more benefit of the doubt just by virtue of being big companies. I think the time is long overdue for using controlled experiments to measure the bias and objectivity of judges -- for example, having different actors, one white and one black, go into different courtrooms for "mock trials" (which the judges think are real), where both actors are standing trial for exactly identical crimes and their lawyers say exactly identical things, and repeat this experiment enough times to see how differently black and white defendants are treated. (We already see this, for example, in the disparity of sentences for powder cocaine vs. crack, but skeptics may have a point when they say that's not a controlled experiment, because the effects of crack and cocaine are different.) Similarly, have mock trials where a small-time "activist" and a large company are sued for doing exactly the same thing. I would bet that the disparity in the outcomes of those cases would far exceed any bias due to race or gender.

But since it was RealNetworks, with their lawyers and their NASDAQ listing and their former exec in the U.S. Senate, that brought ripping to the masses, that probably makes it OK for you and me. It's not fair, but in this case, it's a good thing.

Anonymous Pirate writes "Sen. Patrick Leahy (D-VT) and Sen. John Cornyn (R-TX) have re-introduced the 'PIRATE Act' (pdf) to Congress. According to Ars Technica, the purpose of this act is to get the DoJ to go after individual copyright infringers. It would allow the Department of Justice to bring civil lawsuits instead of criminal ones so that they would be able to prosecute copyright infringers with only a minimal burden of proof, rather than the heavier burden required for criminal prosecution." Took a long time to do a sequel; we first talked about this proposal quite some time ago.

Khyber notes that yesterday a vote in the US Senate fell four votes short of what was needed to restore habeas corpus — the fundamental right of individauls to challenge government detention. Here is the record of the vote on the Cloture Motion to restore Habeas Corpus. Article 4 of the US Constitution states that habeas corpus shall not be suspended unless in cases of rebellion and invasion when the public safety may require it.

theorem4 writes to tell us that US Senators today unveiled legislation designed to empower cell phone customers across the nation by providing more protections and guaranteed options. "The Cell Phone Consumer Empowerment Act of 2007 will require wireless service providers to share simple, clear information on their services and charges with customers before they enter into long-term contracts; a thirty-day window in which to exit a contract without early termination fees; and greater flexibility to exit contracts with services that don't meet their needs."

cnet-declan writes "State and local governments in Washington this week began an all-out lobbying push for the power to tax the Internet, according to our article at News.com. A new Senate bill would usher in Internet sales taxes, and the Federation of Tax Administrators (representing state tax collectors) advised senators at a hearing on Wednesday not to renew a temporary moratorium limiting broadband taxes that expires in November. One irked Republican senator warned that unless the moratorium is renewed, we could start seeing email taxes by the end of the year. Former House Majority Leader Dick Armey blames it on the Democrats taking over, as do Yahoo and eBay lobbyists. Is this a non-hoax version of bill 602P?"

xzvf sends us a link to a BusinessWeek report on the campaign of two US senators to get answers to how H-1B work visas are actually being used. Yesterday Senators Chuck Grassley (R-IA) and Richard Durbin (D-IL) sent a letter (PDF) to nine Indian outsourcing firms that, among them, snapped up 30% of the H-1B visas issued last year. The senators want to know, among other things, whether the H-1B program is being used to enable the offshoring of American jobs. "Critics say outsourcing firms, including Infosys Technologies and Wipro, are using the visas to replace US employees with foreign workers, often cycling overseas staff through US training programs before sending them back into jobs at home."

theodp writes "A week ago, in his How to Keep America Competitive Op-Ed, Bill Gates touted the Gates Foundation-backed High Tech High as the future of American education. One small problem. Two days earlier, tearful Bay Area High Tech High students — recruited by a Bill Gates video — were told that their school of the future has no future. So would Bill be too embarrassed to lay out his education plan before the Senate Wednesday? Nah. Not too surprisingly though, mentions of High Tech High were MIA in Bill's prepared remarks (PDF), which touted Philly's imaginatively named $65M School of the Future, built under the guidance of Microsoft, as the new school of the future. Committee politicians reportedly embraced virtually all of the suggestions made by Gates."

Alsee writes "Wired News reports 'electronic civil libertarians' hearts are a-twitter' over US Presidential hopeful Senator Hillary Clinton's bold stance on the right to privacy. Wired quotes Clinton: 'At all levels, the privacy protections for ordinary citizens are broken, inadequate and out of date.' Clinton gave a speech last June to the American Constitution Society (text, WMF) in which she addressed electronic surveillance, consumer opt-in vs. opt-out, cyber-security, commercial and government handling of personal data, data offshoring, data leaks, and even genetic discrimination." Would you consider a candidate's stand on privacy important enough to sway your vote?

Alsee writes "Wired News reports 'electronic civil libertarians' hearts are a-twitter' over US Presidential hopeful Senator Hillary Clinton's bold stance on the right to privacy. Wired quotes Clinton: 'At all levels, the privacy protections for ordinary citizens are broken, inadequate and out of date.' Clinton gave a speech last June to the American Constitution Society (text, WMF) in which she addressed electronic surveillance, consumer opt-in vs. opt-out, cyber-security, commercial and government handling of personal data, data offshoring, data leaks, and even genetic discrimination." Would you consider a candidate's stand on privacy important enough to sway your vote?

Lawrence Person writes "The attempt to require political bloggers to register as lobbyists previously reported by Slashdot has been stripped out of the lobbying reform bill. The vote was 55 to 43 to defeat the provision. All 48 Republicans, as well as 7 Democrats, voted against requiring bloggers to register; all 43 votes in favor of keeping the registration provision were by Democrats."

Penguinisto writes "Apparently in the Senate, at least one scientist wants to put a permanent stop to any arguments over Global Warming. The Weather Channel's most prominent climatologist is advocating that broadcast meteorologists be stripped of their scientific certification if they express skepticism about predictions of manmade catastrophic global warming."

Knytefall writes "Joe Biden, Dianne Feinstein, and two GOP senators are sponsoring a bill called the PERFORM Act that would require podcasts with music and satellite radio to be locked-up with music industry-approved DRM software. From the article: 'All audio services — Webcasters included — would be obligated to implement "reasonably available and economically reasonable" copy-protection technology aimed at preventing "music theft" and restricting automatic recording.'"

Sparr0 writes, "The FBI has raided the home of Christopher Soghoian, the grad student who created the NWA boarding pass site. Details can be found on his blog including a scanned copy of the warrant. The bad news is that he really did break the law. The good news is that Senator Charles Schumer did it first, 19 months ago, on an official government website no less. The outcome of this trial should be at least academically interesting. At best, it could result in nullifying some portion of the law(s) that the TSA operates under." Read on for Sparr0's take on what laws may apply in this case.

Boiling down some of the legalese, the charges (if any are filed) will be "conspiracy to knowingly present a false and fictitious claim upon or against the United States, or any department or agency thereof in violation of USC 18 (secs. 2, 371, 1036, 1343, 2318) and USC 49 (secs. 46314 and 46316) and 49 CFR (secs. 1540.103 and 1540.105)" (edited for brevity).

MarkusQ writes "A few days ago a bi-partisan bill (PDF) to create a searchable on-line database of government contracts, grants, insurance, loans, financial assistance, earmarks and other such pork was put on 'secret hold' using a procedure that does not appear to be mentioned in the Constitution or in the Senate bylaws. This raised the ire of bloggers left and right and started an all out bi-partisan effort to expose the culprit by process of elimination. As it turns out it was our old friend the right honorable Senator from Alaska, Mr. 'Series of Tubes', Ted 'Bridge to Nowhere' Stevens."

An anonymous reader writes "Sam Yagen, President of eDonkey, testified at the Judiciary committee's hearing 'Protecting Copyright and Innovation in a Post-Grokster World'. It was there he told the committee that he is throwing in the towel. 'The Grokster standard requires divining a company's intent, the decision was essentially a call to litigate. This is critical because most startup companies just don't have very much money. Whereas I could have managed to pay for a summary judgment hearing under Betamax, I simply couldn't afford the protracted litigation needed to prove my case in court under Grokster. Without that financial ability, exiting the business was our only option despite my confidence that we never induced infringement and that we would have prevailed under the Grokster standard.'"