Encryption

Justice Department: Default Encryption Has Created a 'Zone of Lawlessness' 416

Posted by Soulskill
from the what-would-you-call-this-zone-that's-allegedly-associated-with-danger? dept.
Jason Koebler writes: Leslie Caldwell, an assistant attorney general at the Justice Department, said Tuesday that the department is "very concerned" by the Google's and Apple's decision to automatically encrypt all data on Android and iOS devices.

"We understand the value of encryption and the importance of security," she said. "But we're very concerned they not lead to the creation of what I would call a 'zone of lawlessness,' where there's evidence that we could have lawful access through a court order that we're prohibited from getting because of a company's technological choices.
Crime

Anonymous Asks Activists To Fight Pedophiles In 'Operation Deatheaters' 408

Posted by timothy
from the or-have-you-stopped-beating-her? dept.
HughPickens.com writes The Independent reports that hacktivist group Anonymous, in a project named Operation DeathEaters, is calling for help in its fight against international pedophile networks, or what it calls the "paedosadist industry" and has issued a video instructing activists on how they can aid in the operation. The Anonymous project is intended to break what it says is a conspiracy of silence among sympathetic politicians, police and mainstream media to downplay the full extent of the online child sex industry. "The premise behind OpDeathEaters is to expose high level complicity, obstruction of justice and cover-up in the paedo-sadist industry in order to show the need for independent inquiries," says Heather Marsh, an online activist who is helping to co-ordinate the operation and describes herself as an "old friend" of Anonymous. The Anonymous database, which will be hosted on the GitHub online repository, promises to collate cases from all around the world, cross-referencing connections within sub-groups including the police, armed forces, schoolteachers, politicians, media, academics and religious organisations. The database's ultimate purpose has yet to be fully determined, but in the first instance the group says it wants to shut down the child-sex industry by "dismantling the power structure which held it there" and by "educating to create a cultural change".

The group is calling on volunteers to help with the ongoing work, which has been divided into three steps. The first is about collecting "all the factual information," second is to "share that information as widely as possible," and the third step is "to set up an independent, internationally linked, inquiry into all the areas which do not appear to have been investigated properly." Activists point to the muted media coverage given to a recent case in Washington DC in which Michael Centanni, a senior Republican fundraiser, was charged with child sex offences after investigators traced transmissions of child pornography to his computers in his basement. The case was not covered by The Washington Post or the New York Times, and was only picked up by a local NBC affiliate state and The Washington Examiner, a small conservative paper in the city. According to the court filings, Centanni was found in possession of 3,000 images, many apparently filmed in his own bedroom, including one showing a man raping a five-year-old girl who cries "no" and "mommy" while the man says "good baby" and "stop crying," according to one filing.
Books

Why We Still Can't Really Put Anything In the Public Domain 99

Posted by timothy
from the here-are-nice-things-no-wait dept.
Press2ToContinue writes While you can make a public domain dedication or (more recently) use the Creative Commons CC0 tool to do so, there's no clear way within the law to actually declare something in the public domain. Instead, the public domain declarations are really more of a promise not to make use of the exclusionary rights provided under copyright. On the "public domain day" of Copyright Week, Public Knowledge has pointed out that it's time that it became much easier to put things into the public domain. Specifically, the PK post highlights that thanks to the way copyright termination works, even someone who puts their works into the public domain could pull them back out of the public domain after 35 years.
Education

Behind the MOOC Harassment Charges That Stunned MIT 376

Posted by Soulskill
from the professors-behaving-badly dept.
An anonymous reader writes: The complainant in a sexual harassment case has come forward and told her story about what happened when she was a student in a MOOC led by a rockstar professor. "It would take almost a year before Harbi, with the help of MIT’s investigators, said she came to understand that Lewin’s interest in her was not motivated by empathy, and that their first conversations included inappropriate language. Shortly after contacting her, Harbi said, Lewin quickly moved their friendship into uncomfortable territory, and she was pushed to participate in online sexual role-playing and send naked pictures and videos of herself."
Crime

Dish Network Violated Do-Not-Call 57 Million Times 246

Posted by samzenpus
from the please-stop-calling dept.
lightbox32 writes Dish Network has been found guilty of violating the Do Not Call list on 57 million separate occasions. They were also found liable for abandoning or causing telemarketers to abandon nearly 50 million outbound telephone calls, in violation of the abandoned-call provision of the Federal Trade Commission's Telemarketing Sales Rule. Penalties for infringing on the Do Not Call list can be up to a whopping $16,000 for each outbound call.
Crime

Barrett Brown, Formerly of Anonymous, Sentenced To 63 Months 110

Posted by samzenpus
from the going-away-for-a-while dept.
An anonymous reader writes with news that a journalist linked to Anonymous, Barret Brown, has been sentenced. "Barrett Brown, a journalist formerly linked to the hacking group Anonymous, was sentenced Thursday to over five years in prison, or a total of 63 months. Ahmed Ghappour, Brown's attorney, confirmed to Ars that Brown's 28 months already served will count toward the sentence. That leaves 34 months, or nearly three years, left for him to serve. In April 2014, Brown took a plea deal admitting guilt on three charges: "transmitting a threat in interstate commerce," for interfering with the execution of a search warrant, and to being "accessory after the fact in the unauthorized access to a protected computer." Brown originally was indicted in Texas federal court in December 2012 on several counts, including accusations that he posted a link from one Internet relay chat channel, called #Anonops, to another channel under his control, called #ProjectPM. The link led to private data that had been hijacked from intelligence firm Strategic Forecasting, or Statfor."
Crime

Silk Road Journal Found On Ulbricht's Laptop: "Everyone Knows Too Much" 180

Posted by timothy
from the that's-not-my-bag-baby-honestly dept.
sarahnaomi writes On Wednesday, prosecutors in the Silk Road trial began to lay out the wealth of evidence found on the laptop taken from accused kingpin Ross Ulbricht in a San Francisco library in October 2013. The evidence presented by prosecutor Timothy Howard was the most comprehensive and damning thus far, including more than a thousand pages of chats between the site's pseudonymous operator Dread Pirate Roberts and Silk Road administrators. Also entered into evidence was a journal that dates back to at least 2010 describing the creation and operation of the site. FBI computer scientist Thomas Kiernan, the second witness in the trial, testified about the day Ulbricht was arrested and the evidence gathered from his laptop.
The Internet

Calls For European ISPs To Filter Content Could Be Illegal 60

Posted by samzenpus
from the government-knows-best dept.
jfruh writes Last week, justice ministers from EU countries called for ISPs to censor or block certain content in the "public interest." But a legal analysis shows that such moves could actually violate EU privacy laws, since it would inevitably involve snooping on the content of Internet traffic to see what should be blocked.
Crime

Silk Road 2.0 Deputy Arrested 126

Posted by samzenpus
from the book-him dept.
An anonymous reader writes With the Ulbricht trial ongoing in a case over the original Silk Road, Homeland Security agents have made another arrest in the Silk Road 2.0 case more than two and a half months after the site was shut down. This time they arrested Brian Richard Farrell who went by the moniker "DoctorClu." From the article: "Homeland Security agents tracked Silk Road 2.0 activity to Farrell's Bellevue home in July, according to an affidavit by Special Agent Michael Larson. In the months that followed, agents watched his activities and interviewed a roommate who said Farrell received UPS, FedEx and postal packages daily. One package was found to contain 107 Xanax pills, Larson said. That led to a search on Jan. 2 that recovered computers, drug paraphernalia, silver bullion bars worth $3,900, and $35,000 in cash, Larson said."
Communications

FBI Seeks To Legally Hack You If You're Connected To TOR Or a VPN 382

Posted by timothy
from the well-you-look-guilty-from-here dept.
SonicSpike writes The investigative arm of the Department of Justice is attempting to short-circuit the legal checks of the Fourth Amendment by requesting a change in the Federal Rules of Criminal Procedure. These procedural rules dictate how law enforcement agencies must conduct criminal prosecutions, from investigation to trial. Any deviations from the rules can have serious consequences, including dismissal of a case. The specific rule the FBI is targeting outlines the terms for obtaining a search warrant. It's called Federal Rule 41(b), and the requested change would allow law enforcement to obtain a warrant to search electronic data without providing any specific details as long as the target computer location has been hidden through a technical tool like Tor or a virtual private network. It would also allow nonspecific search warrants where computers have been intentionally damaged (such as through botnets, but also through common malware and viruses) and are in five or more separate federal judicial districts. Furthermore, the provision would allow investigators to seize electronically stored information regardless of whether that information is stored inside or outside the court's jurisdiction.
Japan

Japanese Nobel Laureate Blasts His Country's Treatment of Inventors 191

Posted by Soulskill
from the let-the-makers-make dept.
schwit1 writes: Shuji Nakamura won the 2014 Nobel Prize in Physics (along with two other scientists) for his work inventing blue LEDs. But long ago he abandoned Japan for the U.S. because his country's culture and patent law did not favor him as an inventor. Nakamura has now blasted Japan for considering further legislation that would do more harm to inventors.

"In the early 2000s, Nakamura had a falling out with his employer and, it seemed, all of Japan. Relying on a clause in Japan's patent law, article 35, that assigns patents to individual inventors, he took the unprecedented step of suing his former employer for a share of the profits his invention was generating. He eventually agreed to a court-mediated $8 million settlement, moved to the University of California, Santa Barbara (UCSB) and became an American citizen. During this period he bitterly complained about Japan's treatment of inventors, the country's educational system and its legal procedures. 'The problem is now the Japanese government wants to eliminate patent law article 35 and give all patent rights to the company. If the Japanese government changes the patent law it means basically there would no compensation [for inventors].'"

There is a similar problem with copyright law in the U.S., where changes to the law in the 1970s and 1990s have made it almost impossible for copyrights to ever expire. The changes favor the corporations rather than the individuals who might actually create the work.
The Internet

Republican Bill Aims To Thwart the FCC's Leaning Towards Title II 182

Posted by timothy
from the belief-in-authority dept.
SpzToid writes U.S. congressional Republicans on Friday proposed legislation that would set "net neutrality" rules for broadband providers, aiming to head off tougher regulations backed by the Obama administration. Republican lawmakers hope to counter the Federal Communications Commission's vote on Feb. 26 for rules that are expected to follow the legal path endorsed by President Barack Obama, which Internet service providers (ISPs) and Republicans say would unnecessarily burden the industry with regulation. Net neutrality activists, now with Obama's backing, have advocated for regulation of ISPs under a section of communications law known as Title II, which would treat them more like public utilities. The White House on Thursday said legislation was not necessary to settle so-called "net neutrality" rules because the Federal Communications Commission had the authority to write them.
Communications

Feds Operated Yet Another Secret Metadata Database Until 2013 102

Posted by timothy
from the problem-with-authority dept.
A story at Ars Technica describes yet another Federal database of logged call details maintained by the Federal government which has now come to light, this one maintained by the Department of Justice rather than the NSA, and explains how it came to be discovered: [A] three-page partially-redacted affidavit from a top Drug Enforcement Agency (DEA) official, which was filed Thursday, explained that the database was authorized under a particular federal drug trafficking statute. The law allows the government to use "administrative subpoenas" to obtain business records and other "tangible things." The affidavit does not specify which countries records were included, but specifically does mention Iran. ... This database program appears to be wholly separate from the National Security Agency’s metadata program revealed by Edward Snowden, but it targets similar materials and is collected by a different agency. The Wall Street Journal, citing anonymous sources, reported Friday that this newly-revealed program began in the 1990s and was shut down in August 2013. From elsewhere in the article: "It’s now clear that multiple government agencies have tracked the calls that Americans make to their parents and relatives, friends, and business associates overseas, all without any suspicion of wrongdoing," [said ACLU lawyer Patrick Toomey]. "The DEA program shows yet again how strained and untenable legal theories have been used to secretly justify the surveillance of millions of innocent Americans using laws that were never written for that purpose."
Communications

Obama: Gov't Shouldn't Be Hampered By Encrypted Communications 562

Posted by timothy
from the some-animals-more-equal-than-others-by-jingo dept.
According to an article at The Wall Street Journal, President Obama has sided with British Prime Minister David Cameron in saying that police and government agencies should not be blocked by encryption from viewing the content of cellphone or online communications, making the pro-spying arguments everyone has come to expect: “If we find evidence of a terrorist plot and despite having a phone number, despite having a social media address or email address, we can’t penetrate that, that’s a problem,” Obama said. He said he believes Silicon Valley companies also want to solve the problem. “They’re patriots.” ... The president on Friday argued there must be a technical way to keep information private, but ensure that police and spies can listen in when a court approves. The Clinton administration fought and lost a similar battle during the 1990s when it pushed for a “clipper chip” that would allow only the government to decrypt scrambled messages.
Communications

FCC May Permit Robocalls To Cell Phones -- If They Are Calling a Wrong Number 217

Posted by timothy
from the all-numbers-will-be-wrong-numbers dept.
An anonymous reader writes There have been plenty of false rumors about cell phones being opened up to telemarketers, but now the FCC is actually considering it. From the article: "Consumers have long had the support of government to try to control these calls, chiefly through the Telephone Consumer Protection Act, which actually allows consumers to file lawsuits and collect penalties from companies that pepper them with robocalls or text messages they didn't agree to receive. But now the Federal Communications Commission is considering relaxing a key rule and allowing businesses to call or text your cellphones without authorization if they say they called a wrong number. The banking industry and collections industry are pushing for the change." In one case recently, AT&T called one person 53 times after he told them they had a wrong number...and ended up paying $45 million to settle the case. Around 40 million phone numbers are "recycled" each year in the U.S. Twice, I've had to dump a number and get a new one because I was getting so many debt collection calls looking for someone else. Apparently the FCC commissioners may not be aware of the magnitude of the "wrong number" debt collection calls and aren't aware that lots of people still have per-minute phone plans. Anyone can file comments on this proposal with the FCC.
Communications

European Countries Seek Sweeping New Powers To Curb Terrorism 219

Posted by timothy
from the pente-glissante dept.
New submitter cooler-than-ice (3981829) writes with this story from the Washington Post: Belgian leaders on Friday sought sweeping new powers to monitor and punish their citizens for involvement with terrorism, joining France in an effort to rewrite laws just hours after dozens of arrests across Europe offered dramatic evidence of the threats security officials say are facing the continent. From the article: Apart from expanding powers to strip citizenship for dual nationals, Belgian leaders on Friday proposed devoting an additional $348 million to counterterrorism efforts. They also said they wanted the ability to take away identity documents to make it more difficult for people to travel to Syria and elsewhere. ... “As a result of the events in Paris, combined with what happened yesterday in Belgium, the political unanimity is quite great,” said Rik Coolsaet, a terrorism expert at Ghent University. “It is a bit of 9/11 syndrome.” France is also charging forward with attempts to expand government powers to monitor threats — and to punish those who praise or do not readily condemn terrorism. Leaders this week called for new legislation to significantly bolster domestic intelligence agencies.
Encryption

Spanish Judge Cites Use of Secure Email As a Potential Terrorist Indicator 174

Posted by timothy
from the envelopes-show-guilty-knowledge dept.
An anonymous reader writes Is it possible that using secure email services can be construed as an indicator of being a terrorist? Although it's a ridiculous notion that using secure email implies criminal activities, a judge cited that reason to partially justify arrests in Spain. In December, as part of "an anti-terrorist initiative" Operation Pandora, over 400 cops raided 14 houses and social centers in Spain. They seized computers, books, and leaflets and arrested 11 people. Four were released under surveillance, but seven were "accused of undefined terrorism" and held in a Madrid prison. This led to "tens of thousands" participating in protests. As terrorism is alleged "without specifying concrete criminal acts," the attorney for those seven "anarchists" denounced the lack of transparency.
Government

Eric Holder Severely Limits Civil Forfeiture 316

Posted by Soulskill
from the what's-yours-is-mine dept.
gurps_npc writes: As most people know, the US has for quite some time let police seize pretty much anything they wanted to, forcing you to go to court to get back your stuff (at significant expense). Most of the problems came about because the Federal government let the local cops keep most of what they took.

Eric Holder, the U.S. Attorney General, has changed the rules of that program, making it more difficult for the police to do it under the federal program. They can still use local state programs, but that accounts for only about 57% of the cash taken. Holder did not end the program entirely — he left in some exceptions for things like explosives, weapons, and items related to child pornography, which all together amount to about 1% of the current federal program. Still, with this action he will have struck a serious blow to a despicable practice that serious newspapers and comedy TV shows decried as nothing more than legalized theft.
Bitcoin

Silk Road Trial Defense: Mt. Gox CEO Was the Real Dread Pirate Roberts 119

Posted by timothy
from the rabbit-out-of-hat dept.
rossgneumann writes The defense team for Ross Ulbricht, the 30-year-old man accused of running the online black market Silk Road under the pseudonym Dread Pirate Roberts, just dropped an unexpected new theory: Mark Karpeles, the CEO of failed Bitcoin company Mt. Gox, is the real Dread Pirate Roberts. "We have the name of the real mastermind and it's not Ulbricht," Joshua Dratel, Ulbricht's lawyer, said in court today. He plans to argue that Karpeles framed Ulbricht.
Crime

There's a Problem In the Silk Road Trial: the Jury Doesn't Get the Internet 303

Posted by timothy
from the of-your-peers dept.
sarahnaomi (3948215) writes "The trial began this week for Ross Ulbricht, the 30-year-old Texas man accused of being the mastermind behind the dark net drug market, Silk Road. But as the jury began hearing testimony in the case, it was clear the technological knowledge gap would impede the proceedings. Judge Katherine Forrest said right off the bat when the case began that "highly technical" issues must be made clear to the jury. "If I believe things are not understandable to the average juror, we will talk about what might be a reasonable way to proceed at that time," she said. After the first day of proceedings, Forrest told the prosecution to be more clear with explanations of concepts central to the case, noting she was unhappy with its "mumbo-jumbo" explanation of the anonymizing service Tor. She also requested all readings of chat transcripts include emoticons."