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Submission + - Malibu Media stay lifted, motion to quash denied

NewYorkCountryLawyer writes: In the federal court for the Eastern District of New York, where all Malibu Media cases have been stayed for the past year, the Court has lifted the stay and denied the motion to quash in the lead case, thus permitting all 84 cases to move forward. In his 28-page decision (PDF), Magistrate Judge Steven I. Locke accepted the representations of Malibu's expert, one Michael Patzer from a company called Excipio, that in detecting BitTorrent infringement he relies on "direct detection" rather than "indirect detection", and that it is "not possible" for there to be misidentification.

Comment Re:How dare they hack NY Times reporters! (Score -1, Troll) 61

So...it's NSA's fault when foreign intelligence services conduct espionage against US political parties, media organizations, etc., and actively try to influence the outcomes of US elections, and manipulate the opinions of US citizens? You realize that no matter who wins in November, possibly millions of Americans will believe the election was stolen or rigged, and possibly by foreign influence?

I know, I know -- in this crowd, the US is the enemy, here, and we don't actually need to have any kind of foreign intelligence capability; NSA's sole purpose for being is to figure out ways to illegally spy on Americans so it can solidify the power base of shadowy elites. Or something. Whenever I need to be reminded of just how out of touch many people are with history, reality, or both, I read Slashdot comments.

Comment No. This is an unprecedented shit in nothing. (Score 0, Flamebait) 983

It is a remotely-controlled device, jury rigged for a purpose that is not at all its use.

I know people will become uncontrollably outraged about this, but it's a standoff weapon. Just like a spear, a bow and arrow, an explosive tossed through a door or window, a gun, or even a vehicle employed as a weapon.

The legal standard for lethal force is the same. Beware of academics or other commentators who will claim this is some kind of new territory for which there is no legal standard and that we have no idea how to approach.

But by all means: pretend this is an "Unprecedented Shift in Policing" instead of an improvisation under nightmarish circumstances.

Comment Re:Actually 3rd point was agreement with trial jud (Score 1) 23

Actually whoever the new guy is, I don't find the site to be "improved" at all; seems a little crummy. The story was butchered and incorrectly interpreted, and the all important software for interaction seems less interactive.

But what do I know?

As to my absence I've been a bit overwhelmed by work stuff, sorry about that, it's no excuse :)

Comment Actually 3rd point was agreement with trial judge (Score 4, Informative) 23

The story as published implies that the ruling overruled the lower court on the 3 issues. In fact, it was agreeing with the trial court on the third issue -- that the sporadic instances of Vimeo employees making light of copyright law did not amount to adopting a "policy of willful blindness".

Submission + - Appeals court slams record companies on DMCA in Vimeo case

NewYorkCountryLawyer writes: In the long-simmering appeal in Capitol Records v. Vimeo, the US Court of Appeals for the 2nd Circuit upheld Vimeo's positions on many points regarding the Digital Millenium Copyright Act. In its 55 page decision (PDF) the Court ruled that (a) the Copyright Office was dead wrong in concluding that pre-1972 sound recordings aren't covered by the DMCA, (b) the judge was wrong to think that Vimeo employees' merely viewing infringing videos was sufficient evidence of "red flag knowledge", and (c) a few sporadic instances of employees being cavalier about copyright law did not amount to a "policy of willful blindness" on the part of the company. The Court seemed to take particular pleasure in eviscerating the Copyright Office's rationales. Amicus curiae briefs in support of Vimeo had been submitted by a host of companies and organizations including the Electronic Frontier Foundation, the Computer & Communications Industry Association, Public Knowledge, Google, Yahoo!, Facebook, Microsoft, Pinterest, Tumblr, and Twitter.

Submission + - Prominent civil liberties expert says he and Snowden were wrong on NSA 1

An anonymous reader writes: Last week, Geoffrey Stone, a longtime civil liberties stalwart, Constitutional scholar at the University of Chicago, and member of the National Advisory Council of the American Civil Liberties Union, moderated a live discussion with Edward Snowden from Russia. As a member of the President’s Review Group on Intelligence and Communications Technologies, Stone was given unfettered access to unfettered access to our national security apparatus, and told the NSA what he thought. This week, Stone offered more detail on his own findings that only someone with direct knowledge can provide: "So before I began the work on the review group, my general view was that, from what I learned in the media, the NSA had run amok and created these programs without appropriate approval or authorization or review. And whatever I thought of the merits of the programs, my assumption was that it was illegitimate because it didn't have appropriate review and approval. What surprised me the most was that this was completely wrong. [...] The more I worked with the NSA, the more respect I had for them as far as staying within the bounds of what they were authorized to do. And they were careful and had a high degree of integrity. My superficial assumption of the NSA being a bad guy was completely wrong. [...] I came to the view that they were well intentioned, that they were designed in fact to collect information for the purpose of ferreting out potential terrorist plots both in the U.S. and around the world and that was their design and purpose." Stone provided detail and examples, including rationale and justifications for the review group's findings, and concluded that Snowden "was unduly arrogant, didn't understand the limitations of his own knowledge and basically decided to usurp the authority of a democracy."

Comment Re:Last we will hear of that.... (Score 1) 255

I was referring to the iOS 7 device, which they can easily unlock/break (see Section I), but declined to do so this time (the EDNY case).

The combination of iOS 8/9 with iPhone 6 and newer (HW security enclave) is designed to not be able to be broken by Apple, even if it wanted to.

That's not to say that nothing is breakable, ever; it's all about the level of effort required and whether or not one can bypass the crypto altogether.

Comment Re:Last we will hear of that.... (Score 1) 255

No, the phone is running iOS 9 -- this is the San Bernardino phone. The phone running iOS 7 was the case in the Eastern District of New York -- which of course Apple's own law enforcement compliance statement says it will unlock when presented with a warrant, but I guess it didn't feel like it this time.

Comment Section 702: not "Americans" (Score 1) 49

Section 702 facilitates targeting and collection on non-US Persons outside the United States whose communications enters, traverses, or otherwise touches the United States, as over 70% of international internet traffic does, or as does any non-US Person outside the US using any US-based cloud or internet service.

Where US Persons come in is because US corporations and organizations are also "US Persons". But if we suddenly say that doing foreign intelligence collection on non-US Persons outside the US should require the same individualized warrant protections as Americans citizens living in the US, it absurdly turns the entire purpose and function of foreign intelligence collection on its head.

And if you already don't trust the government, you won't care about anything in this explanation anyway.

Comment Since this device is running iOS 7... (Score 2) 114

...I guess it's time for Apple to update its law enforcement compliance guide:

I. Extracting Data from Passcode Locked iOS Devices

[...]

For iOS devices running iOS versions earlier than iOS 8.0, upon receipt of a valid search warrant issued upon a showing of probable cause, Apple can extract certain categories of active data from passcode locked iOS devices. Specifically, the user generated active files on an iOS device that are contained in Appleâ(TM)s native apps and for which the data is not encrypted using the passcode (âoeuser generated active filesâ), can be extracted and provided to law enforcement on external media. Apple can perform this data extraction process on iOS devices running iOS 4 through iOS 7. Please note the only categories of user generated active files that can be provided to law enforcement, pursuant to a valid search warrant, are: SMS, iMessage, MMS, photos, videos, contacts, audio recording, and call history. Apple cannot provide: email, calendar entries, or any third-party app data.

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