Saturday, December 15, 2012

Unfortunately, this happens a lot. And you can go back as far as you want. Texas Tower? St. Valentines day?
A Guide to Mass Shootings in America

(Related) It always starts a debate about guns, but that's far too simple. If we were talking automobiles, we know the really dangerous part is the nut that holds the wheel. Why aren't we talking about mental illness?
Knife attack at Chinese school wounds 22 children


One simple way manufacturers test radar guns is by checking the speed of a tuning fork. Perhaps there was something vibrating at 38 mph? I want a tuning fork that vibrates a 250 mph, that should be unbelievable enough to get me out of speeding tickets...
"The Baltimore City speed camera ticket alleged that the four-door Mazda wagon was going 38 miles per hour in a 25-mph zone — and that owner Daniel Doty owed $40 for the infraction. But the Mazda wasn't speeding. It wasn't even moving. The two photos printed on the citation as evidence of speeding show the car was idling at a red light with its brake lights illuminated. A three-second video clip also offered as evidence shows the car motionless, as traffic flows by on a cross street. Since the articles' publication, several lawmakers have called for changes to the state law that governs the way the city and other jurisdictions operate speed camera programs. Gov. Martin O'Malley said Tuesday that state law bars contractors from being paid based on the number of citations issued or paid —an approach used by Baltimore City, Baltimore County, Howard County and elsewhere. 'The law says you're not supposed to charge by volume . I don't think we should charge by volume,' O'Malley said. "If any county is, they need to change their program.'"

(Related) Bad headline. The “Perfect Storm” comes down to, “the camera might be bad or the officer reviewing the camera might have screwed up” How many errors do they catch?
'Perfect storm' of errors caused speeding ticket to stopped car, police say
A "perfect storm of errors" caused the city of Baltimore to issue a speed camera citation to a stationary vehicle, the Police Department's chief spokesman said Thursday.
Spokesman Anthony Guglielmi acknowledged that Officer Christopher Izquierdo should not have validated the citation, which alleged that a Mazda wagon was going 38 mph even though a video clip from the camera and two time-stamped photos given as evidence clearly show the car stopped at a red light.
State law requires every citation to be approved by a sworn law enforcement officer, and in the city that is the final step before a ticket is mailed out to the vehicle's owner.
… The Sun recently published an investigation focusing on the city's speed camera program, which found that citations can be inaccurate and that judges routinely throw out tickets for a variety of problems. The Sun also showed that drivers cannot verify the alleged speeds with the information printed on tickets from Baltimore County, Howard County and the State Highway Administration.
… The Police Department has previously said a single officer can be called on to review up to 1,200 citations per day, leaving little time to scrutinize each one.
"It's no secret the volume of citations that have to be reviewed as authentic is a lot," Guglielmi said. "You rely almost exclusively on the equipment, the validity of the equipment. That's all you have. You have the photographs, the time stamps. You authenticate based on the equipment.


Which of these statements are true:
“We can break any law as long as we keep it secret.”
“Admitting that we didn't break a perticular law might reduce our ability to intimidate someone who thinks we did.”
“Everyone who has resolved this paradox is dead.”
State Secrets Defense Corners Judge in ‘Catch-22′ Predicament
A federal judge said Friday that the Obama administration has pinned him in an inescapable, paradoxical situation when it comes to whether he should dismiss a lawsuit accusing the government of siphoning Americans’ electronic communications from telecoms and funneling them to the National Security Agency without warrants.
During a three-hour and highly nuanced and esoteric hearing before U.S. District Judge Jeffrey White of San Francisco, Justice Department lawyers invoked the state secrets privilege and demanded White dismiss the case on grounds that it threatened to expose national-security secrets.
The state secrets doctrine was first recognized by the Supreme Court in the McCarthy era, and is asserted when the government claims litigation threatens national security. Judges routinely dismiss cases on that assertion alone.


Perhaps they looked at the Megaupload case in New Zealand and thought, “maybe there is less here than meets the eye.” Fortunately, the extradition agreement was written in the Queen's English, so she gets to determine exactly what that means...
"Computer hacker Gary McKinnon, who is wanted in the U.S., will not face charges in the U.K., the Crown Prosecution Service has said. Director of Public Prosecutions Keir Starmer QC said the chances of a successful conviction were 'not high.' He announced the decision some three months after Home Secretary Theresa May stopped the extradition. Mr. McKinnon, 46, admits accessing U.S. government computers but says he was looking for evidence of UFOs. The U.S. authorities tried to extradite him to face charges of causing $800,000 (£487,000) to military computer systems and he would have faced up to 60 years in prison if convicted."


Is this restrictive enough? If the police had the address of a 20 unit apartment building, could they search 19 innocent apartments looking for bad guy? Could they even search two apartments, knowing one was completely uninvolved?
Vermont Supreme Court Addresses Electronic Search Limits
December 14, 2012 by Dissent
Dan Barrett writes:
The Vermont Supreme Court gave electronic privacy a big boost this morning when it approved restrictions placed upon police when conducting searches of electronic devices.
The case originated when police in Burlington, Vermont were investigating a report of a person applying for credit cards online using someone else’s identity. Once the police narrowed the investigation to a street address where they thought the perpetrator might live, they asked a judge to issue a search warrant for “all computers or electronic media” located in the house—even though the house had multiple residents.
The judge issued the search warrant, but was wary about approving such a broad search of computers, iPads, and other devices. So he imposed a number of restrictions on the search, including that the police could only look for evidence relating to the alleged identity theft, had to turn the devices over to a third party to conduct the search, and would not be permitted to prosecute a suspect based upon evidence of other crimes found on the devices.
Read more on ACLU-Vermont.


Can you claim ignorance twice? Here, they “guessed(?)” they didn't need a warrant, and they were slapped on the wrist and allowed to continue as if they had acted appropriately. What happens the next time they do this?
District Court for the District of Columbia sidesteps 4th Amendment issues in Antoine Jones case
December 14, 2012 by Dissent
Readers will recall that the Supreme Court sent the Antoine Jones warrantless GPS surveillance case back to the District Court for the District of Columbia after ruling that 28 days of GPS surveillance and use of cell-site data held by a third party provider was a search under the Fourth Amendment. Unfortunately for privacy advocates, the district court just handed the Department of Justice a win by side-stepping the issue of whether a warrant was required and declaring that even if it was, the good faith exception to the exclusionary rule would apply:
On January 23, 2012, the Supreme Court vacated Antoine Jones’ conviction under 21 U.S.C. § 846 for Conspiracy to Distribute and Possess with Intent to Distribute Five Kilograms or more of Cocaine and Fifty Grams or more of Cocaine Base. United States v. Jones, 132 S. Ct. 945 (2012). In that opinion, the Supreme Court unanimously ruled that the government’s installation of a GPS device on Jones’ car and use of the device to track the car’s movement for a period of twenty-eight days constituted a Fourth Amendment search. Relying on that decision, as well as the D.C. Circuit’s opinion in this case in United States v. Maynard, 615 F.3d 544 (D.C. Cir. 2010), aff’d on other grounds sub nom. United States v. Jones, 132 S. Ct. 945 (2012), defendant now moves to suppress cell-site data covering a four-month period that was obtained pursuant to three orders issued by United States Magistrate Judges of this Court in June, August, and September of 2005. (Defendant’s Motion to Suppress Cell Site Data, Mar. 29, 2012 [ECF No. 606] (“Mot.”).)
Defendant, with the support of an amici curiae brief filed by Electronic Frontier Foundation and Center for Democracy & Technology (Brief Amici Curiae in Support of Defendant Jones’ Motion to Suppress, Aug. 13, 2012 [ECF No. 644] (“Amicus Br.”)), argues that under the Fourth Amendment, the government was required to obtain a warrant based on probable cause prior to tracking Jones’ location based on cell-site data provided by a third party provider for a four-month period of time. The Court, however, need not resolve this vexing question of Fourth Amendment jurisprudence, since it concludes that the good-faith exception to the exclusionary rule applies. [I wonder if that had come up before? Bob]
The court also held that even if law enforcement had violated the Stored Communications Act, the evidence could still be used because there is no suppression remedy in the SCA:
However, this Court need not weigh in on this debate because even if a defendant could argue that the government did not comply with the SCA, all courts that have addressed the issue have held that the SCA does not provide for a suppression remedy. See, e.g., United States v. Ferguson, 508 F. Supp. 2d 7, 10 (D.D.C. 2007); United States v. Hardrick, 2012 WL 4883666, at *8 n.44 (E.D. La. Oct. 15, 2012) (collecting cases). Section 2708 of the SCA provides that “[t]he remedies and sanctions described in this chapter are the only judicial remedies and sanctions for nonconstitutional violations of this chapter.” 18 U.S.C. § 2708 (emphasis added). Elsewhere, the Act provides for civil damages, see id. §2707, and criminal penalties, see id. § 2701(b), but nowhere does it provide for the suppression of evidence. See United States v. Smith, 155 F.3d 1051, 1056 (9th Cir. 1998) (“[T]he Stored Communications Act does not provide an exclusion remedy.”)
You can read the opinion here.


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Meeting the Cyber Risk Challenge
In this HBR webinar, panelists focus on the best practices in information security and privacy programs.


For my students who read...
Mamas, Don’t Let Your Babies Grow Up To Be Writers
So this is awkward. Ownshelf is a new service that lets people store and share ebooks online. Pretty nifty, huh? They reached out to me in part because I’ve released several of my own books for free under a Creative Commons license. (For those of you new to this column, I write fiction when not writing code, and have had a bunch of novels published by HarperCollins, Hachette, etc., over the years; see picture.) What they didn’t know is that for fun, all by my lonesome, I recently created — and open-sourced — a service called ePubHost which, er, lets people store, search, and share quotes from their ebooks online. Sound familiar? Um.

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