Tuesday, May 14, 2013

...and if a reporter called the home number of a senior CIA official how will the FBI determine if it was to send or receive information?
Mark Sherman of the Associated Press broke the story yesterday:
The Justice Department secretly obtained two months of telephone records of reporters and editors for The Associated Press in what the news cooperative’s top executive called a “massive and unprecedented intrusion” into how news organizations gather the news.
The records obtained by the Justice Department listed outgoing calls for the work and personal phone numbers of individual reporters, for general AP office numbers in New York, Washington and Hartford, Conn., and for the main number for the AP in the House of Representatives press gallery, according to attorneys for the AP.
Read more on AP.
There will be those who reasonably point out that this is not the first time reporters’ records have been acquired without their knowledge during the investigation of a leak. But the breadth of this is raising a lot of questions and concerns as collecting phone numbers and the metadata of calls – even without their content – can be very problematic. It can have a chilling effect on a free press and make people afraid to reach out to the press to expose government corruption. As Chris Soghoian, now with the ACLU, has frequently pointed out, the media needs to enhance the security protocols they use to protect sources and communications. Will this incident lead to that kind of positive change? And as EFF notes:
The DOJ’s decision to dive deep into these call records also shows the growing need to update our privacy laws to eliminate the outmoded Third Party Doctrine and to recognize that datamining has now reached the point where it no longer makes sense to treat calling records and other metadata related to our communications as if they aren’t fully protected by the Constitution.
Update: Orin Kerr sees this as a non-story. Scott Greenfield answers him here. For me, the issue is not whether, but rather, should the DOJ be able to get records that they will use to build a criminal case without having to meet a more stringent standard than “reasonable grounds” without any court oversight? This is not unusual, of course, but it still troubles me.


Perhaps we should start a University Drone Club to prepare students to use this technology.
So This Is How It Begins: Guy Refuses to Stop Drone-Spying on Seattle Woman
Back in October, Alexis wrote a piece asking what rights do we have with regard to the air above our property. Walk onto someone's lawn and you're trespassing; fly over it in a helicopter and you're in the clear -- "the air is a public highway," the Supreme Court declared in 1946. But what about the in-between space? Does the availability of unmanned aerial vehicles (aka drones, aka UAVs) throw a wrench in the old legal understandings?
Well, here's where the rubber meets the road for this abstract line of questioning. The Capitol Hill Seattle Blog is reporting a complaint it received from a resident in the Miller Park neighborhood. She writes:
This afternoon, a stranger set an aerial drone into flight over my yard and beside my house near Miller Playfield. I initially mistook its noisy buzzing for a weed-whacker on this warm spring day. After several minutes, I looked out my third-story window to see a drone hovering a few feet away. My husband went to talk to the man on the sidewalk outside our home who was operating the drone with a remote control, to ask him to not fly his drone near our home. The man insisted that it is legal for him to fly an aerial drone over our yard and adjacent to our windows. He noted that the drone has a camera, which transmits images he viewed through a set of glasses. He purported to be doing "research". We are extremely concerned, as he could very easily be a criminal who plans to break into our house or a peeping-tom.
The site adds, "The woman tells us she called police but they decided not to show up when the man left."
… John Villasenor, author of a recent Harvard Journal of Law and Public Policy article about the laws governing drones and privacy, explained to me over email that it's difficult to analyze the legalities of the case without more information. What kind of drone was it? How was it flown? These questions would be instrumental to determining whether it was operated in accordance with FAA regulations.


Should make for some interesting contract language going forward. “Best Practice” risk analysis would identify the data that is expected to move over any internet connection, and secure it appropriately.
After the story broke about Bloomberg reporters being able to access traders’ use of its terminals, law professor James Grimmelman tweeted:
Bloomberg Law’s privacy policy doesn’t prohibit sharing users’ searches with Bloomberg journalists. That’s a client confidences problem.
— James Grimmelmann (@grimmelm) May 11, 2013
It’s not clear to me that attorneys can use Bloomberg Law without risking disciplinary sanctions for putting client confidences at risk.
— James Grimmelmann (@grimmelm) May 11, 2013
According to Dewey B Strategic, they can rest assured:
No Impact at Bloomberg Law. According to Greg McCaffery, CEO of Bloomberg Law, reporters have no access to the Bloomberg Law user data. Bloomberg Law resides on a separate cloud platform, not on the same platform as the Bloomberg terminal data. Bloomberg law doesn’t even have the same “command” functions which the reporters used to access customer data. He also pointed out that the Bloomberg BNA reporters who write the Bloomberg BNA newsletters have no access to the customer data. McCaffery stated that “Bloomberg Law takes the privacy of its customer data very seriously. To be clear: no journalists at Bloomberg News or BNA have ever had access to customer research activity on Bloomberg Law.”
The fact is that there are law firms which subscribe to Bloomberg business terminals under separate contracts from Bloomberg Law, so presumably reporters were also able to view the limited account activity described above. The Bloomberg business terminals are generally used by researchers and not law firm partners, but we now have assurance that reporters can not access any law firm Bloomberg terminal usage.

(Related)
Catherine Dunn reports:
Bloomberg LP is looking to repair the ongoing fallout over a controversial breach of client data, and the financial information company is adding a new compliance officer to help.
Bloomberg executive Steve Ross will now lead the company’s client data compliance office as Bloomberg continues to field questions over the division between its newsgathering operation and its core business—the $20,000-per-year data terminals employed by bankers to monitor market conditions.
Last week, after Bloomberg received a complaint from Goldman Sachs, the New York Post revealed that Bloomberg News reporters were able to view certain uses of the terminals by clients, including log-on data. The Federal Reserve and the European Central Bank, also Bloomberg clients, reportedly contacted the company for more information on the issue.
Read more on Law.com


Lawyers who give the profession a bad name. (no joke!)
It appears that Prenda Law, freshly defeated, has formed a new shell company named the "Anti-Piracy Law Group," and has resumed sending threatening letters to supposed porn pirates. But this time, they've expanded their threats (from a letter (PDF) sent to Fight Copyright Trolls):
"The list of possible suspects includes you, members of your household, your neighbors (if you maintain an open wi-fi connection) and anyone who might have visited your house. In the coming days we will contact these individuals to investigate whether they have any knowledge of the acts described in my client’s prior letter"
Naturally, the letter also notes that the recipient can avoid having the list of videos they supposedly copied sent to their neighbors and family if they settle for a few thousand bucks...


Definately not as satisfying as eating UN polititians, but probably tastes better.
PolygamousRanchKid writes in with news about a U.N. plan to get more bugs in your belly.
"The U.N. has new weapons to fight hunger, boost nutrition and reduce pollution, and they might be crawling or flying near you right now: edible insects. The Food and Agriculture Organization on Monday hailed the likes of grasshoppers, ants and other members of the insect world as an underutilized food for people, livestock and pets. Insects are 'extremely efficient' in converting feed into edible meat, the agency said. Most insects are likely to produce fewer environmentally harmful greenhouse gases, and also feed on human and food waste, compost and animal slurry, with the products being used for agricultural feed, the agency said. 'Insects are everywhere and they reproduce quickly,' the agency said, adding they leave a 'low environmental footprint.' The agency noted that its Edible Insect Program is also examining the potential of arachnids, such as spiders and scorpions."


For my students. Remember, all work and no play makes you an “A” student.
Play Breakout on Google Image search
… Head on over to Google and do an image search for "Atari Breakout" (or just click the hyperlink).
We think this might be our new favorite Google Easter egg. Other favorites include:
• The tilted page when you search for "tilt" or "askew"
• The spinning screen when you search "Do a barrel roll"
• The mini-game when you type and enter "Zerg rush"
• Getting walking directions from "The Shire" to "Mordor" in Google Maps.

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