One to follow?
ACLU
Sues Police for Seizing Man’s Phone After Recording Alleged
Misconduct
The ACLU has sued the District of
Columbia and two police officers for allegedly seizing the cellphone
of a man who photographed a police officer allegedly mistreating a
citizen, and for then stealing his memory card.
The suit, filed
in federal court (.pdf) in Washington, D.C., alleges that the
police officer violated Earl Staley, Jr.’s First Amendment and
Fourth Amendment rights by improperly searching and seizing his
property while he was exercising his right
to photograph the police performing their duty.
They aren't secret, we just haven't
told anyone except for a few people now housed at Guantanamo.
Two
District Court Rulings That Cell-Site Data Not Protected Under the
Fourth Amendment
September 7, 2012 by Dissent
Earlier this week, I posted a link to a
report by David Kravets on how United States v. Antoine Jones
is back in court, but this time on the cell phone location data
records. In discussing the DOJ’s brief in the case, Orin
Kerr writes:
It’s a good
brief,
I think, and I was particularly intrigued by the appendices. The
appendices included two recent unpublished federal
district court decisions on Fourth Amendment protection
for cell-site data. To my knowledge, neither opinion has been public
before — or if they were public, they are not on Westlaw. Here
they are for those interested:
1) United
States v. Gordon (D.D.C. February 2012) (Urbina, J.)
(ruling, shortly after the Supreme Court’s decision in Jones,
that cell-site information is not protected by the Fourth Amendment
because Smith v. Maryland is controlling)
2) In
re Application of the United States (D.D.C. October 2011)
(Lamberth, J.) (redacted version of ruling filed under seal)
(ruling after the D.C. Circuit’s decision in Maynard but
before Jones that cell-site information is not protected
under Smith v. Maryland, and distinguishing Maynard on
the ground that cell-site data is much less revealing and detailed
about a person’s life than is GPS information).
Hobby Hacking! I knew about this a few
days early – the judge uses unencrypted wifi at home...
District
Court Rules that the Wiretap Act Does Not Prohibit Intercepting
Unencrypted Wireless Communications
September 7, 2012 by Dissent
Orin Kerr writes:
The decision is In
re INNOVATIO IP VENTURES, LLC PATENT LITIGATION. MDL Docket No. 2303,
Case No. 11 C 9308. (N.D.Ill. August 22, 2012), via Cybercrime
Review. The opinion holds that anyone can
monitor the unencrypted wi-fi communications of anyone else without
implicating the Wiretap Act. I think the decision is wrong, and I
wanted to explain why.
The court holds
that unsecured wireless communications are not covered by the Wiretap
Act because of the exception found in 18 U.S.C. § 2511(g)(i). That
exception states:
(g) It shall not
be unlawful under this chapter or chapter 121 of this title for any
person—
(i) to intercept or access an electronic communication made through an electronic communication system that is configured so that such electronic communication is readily accessible to the general public;
(i) to intercept or access an electronic communication made through an electronic communication system that is configured so that such electronic communication is readily accessible to the general public;
The Court
concludes that this exception covers unsecured wi-fi communications,
so that it is entirely lawful to snoop in on someone else’s private
communications over an unsecured wireless network:
Read more on The
Volokh Conspiracy.
(Related) for my Computer Security
students.
If you think a wireless router’s only
job is to connect you to the world of the Internet, you’re missing
out on a lot of its awesome goodness. Sure, maybe all you need
is Internet access. In that case, you don’t really have to worry
about all the tricks your router can do. But for those of you that
want to maximize your experience, there are some advanced wireless
router features that will make your life much easier.
Better to educate than simply ban a
tool...
How
Instagram became the social network for tweens
Well-intentioned
parents who've kept their tweens off Facebook are catching on to the
workaround: kids are turning to Instagram, the photo-sharing app that
may as well be a social network.
I'm not a fan of so called “situational
ethics.” If an action is right sometimes but wrong in some
situations, you don't have the definition right!
Drones
in Domestic Surveillance Operations: Fourth Amendment Implications
and Legislative Responses
September 7, 2012 by Dissent
From the Congressional Research
Service, by Richard M. Thompson II:
… the
constitutionality of domestic drone surveillance may
depend upon the context in which such surveillance takes
place. Whether a targeted individual is at home, in his backyard, in
the public square, or near a national border will play a large role
in determining whether he is entitled to privacy. Equally important
is the sophistication of the technology used by law enforcement and
the duration of the surveillance. Both of these factors will likely
inform a reviewing court’s reasoning as to whether the government’s
surveillance constitutes an unreasonable search in violation of the
Fourth Amendment.
Read the full report on FAS.
Of course, but the constitution only
applies to second-class citizens and similar scum. It never applies
to Big Brother and friends.
Does
Germany’s Plan To Create Its Own Spyware Violate Its Constitution?
September 7, 2012 by Dissent
Ryan Gallagher writes:
Are you a creative
thinker who can write software and detect computer security
vulnerabilities? If yes, federal police in Germany have a job for
you.
The
Bundeskriminalamt,
or BKA, is Germany’s version of the FBI. The agency iscurrently
recruiting for a number of IT specialists to help develop
“technical surveillance methods” that can be used to secretly and
remotely access computers during crime investigations. What that
means, in plain English, is that the BKA is looking for people to
help design in-house spyware than can be used to infiltrate computers
and mine data.
Read more on Slate.
No surprise. But things like this make
it seem likely that the FBI would have millions of iPhone details
available for Anonymous to hack. No doubt it includes your Facebook
“mugshots” too...
FBI
launches $1 billion nationwide facial recognition system
September 7, 2012 by Dissent
Sebastian Anthony writes:
The US Federal
Bureau of Investigation has begun rolling out its new $1 billion
biometric Next Generation Identification (NGI) system. In essence,
NGI is a nationwide database of mugshots,
iris scans, DNA records, voice samples, and other biometrics, that
will help the FBI identify and catch criminals — but it is how this
biometric data is captured, through a nationwide network of cameras
and photo databases, that is raising the eyebrows of privacy
advocates.
Read more on ExtremeTech.
Automating copyright review... If you
claim copyright on malware are you opening yourself to liability for
its use?
"A malicious software
researcher finds herself in company with First Lady Michelle Obama
and science fiction author Neil Gaiman: booted
from the Web by hard-headed copyright protection algorithms,
according to the Naked Security blog. Mila Parkour, a researcher who
operates the Contagio malware blog, said on Thursday that she
was kicked off the cloud based hosting service Mediafire, after
three files she hosted there were flagged for copyright violations
and ordered removed under the terms of the Digital Millennium
Copyright Act (DMCA). The files included two compressed and
encrypted malicious PDF files linked to Contagio blog posts from
2010. The firm responsible for filing the DMCA take down notice was
Paris-based LeakID, which describes itself as a 'digital agency
...founded by experts from the world of radio, television and
Internet.' LeakID markets 'Leaksearch,' an 'ownership tool that will
alert you within seconds if your content...is being pirated.'
According to Parkour, Mediafire received a notice from LeakID
claiming that it was 'acting on behalf of the copyright owners,'
though the owners and presumed copyrighted content weren't named."
Raises an interesting question: What
other security/privacy settings do they ignore?
Apache
Web software overrides IE10 do-not-track setting
September 7, 2012 by Dissent
Stephen Shankland reports:
Apache, the most
commonly used software to house Web sites, will
ignore Microsoft’s decision to disable ad-tracking technology by
default in Internet Explorer 10.
[...]
Roy Fielding, an
author of the Do Not Track (DNT) standard and principal scientist at
Adobe Systems, wrote a patch
for Apache that sets the Web server to disable DNT if the browser
reaching it is Internet Explorer 10. “Apache does not tolerate
deliberate abuse of open standards,” Fielding titled the patch.
As a result of the
Apache update, Web servers using the software will ignore DNT
settings for people using IE10.
Read more on CNET.
So users who believe that they have DNT
on by default will unknowingly have their protection bypassed by the
Apache patch? Oh good, that will really help protect users’
privacy. NOT.
Are we reaching our limit of tolerance
for Big Brother? (Was Ayn Rand right to forecast a John Galt?)
Jimmy
Wales threatens to encrypt Wikipedia if UK passes snooping bill
September 7, 2012 by Dissent
Timothy B. Lee writes:
Wikipedia founder
Jimmy Wales has joined the opposition to the Communications Data Bill
that was proposed by the UK government earlier this year. Civil
rights groups have raised
the alarm about provisions that could require British ISPs to
keep records of every website their customers visit for 12 months.
Now Wales is threatening to enable encryption on Wikipedia for UK Web
users to protect their privacy.
“If we find that
UK ISPs are mandated to keep track of every single webpage that you
read at Wikipedia, I am almost certain we would immediately move to a
default of encrypting all communication to the UK, so that the local
ISP would only be able to see that you are speaking to Wikipedia, not
what you are reading,” Wales told
members of parliament.
Read more on Ars
Technica.
Ebooks to get cheaper?
Judge
Approves E-Book Pricing Settlement Between Government and Publishers
In a decision that could start an
e-book price war in the publishing industry, a federal judge on
Thursday approved a settlement between the Justice Department and
three major publishers in a civil antitrust case that accused the
companies of collusion in the pricing of digital books.
… And the ruling promised to
empower Amazon,
the e-retailing giant, to drop the price of many e-books back to
$9.99 or even lower in the coming months, a move that could pressure
competing retailers to do the same.
The Physics of Computer Security. (By
the way students, Mr. Schrodinger's cat is still missing...)
"A very interesting paper
(PDF) has just hit the streets (or, at least, Physics
Review Letters) about the Heisenberg uncertainty
relationship as it was originally formulated about measurements. The
researchers find that they
can exceed the uncertainty limit in measurements (although the
uncertainty limit in quantum states is still followed, so the
foundations of quantum mechanics still appear to be sound.) This is
really an attack on quantum entanglement (the correlations imposed
between two related particles), and so may
have immediate applications in cracking quantum cryptography systems.
It may also be easier to read quantum communications without being
detected than people originally thought."
Perspective
… On its own, Apple's iPhone
business would be a Fortune 50 company.
It's also bigger than all of Microsoft.
Not just Windows or Office -- the iPhone generated more sales than
the entirety of Microsoft's product lineup over the past four
quarters.
For my Statistics students...
The
Probabilities of Large Terrorist Events
In a recent paper
posted to the arXiv, my
friend and colleague Aaron
Clauset, along with his collaborator Ryan
Woodard, set out to use a sophisticated statistical approach to
address this problem.
Exerpts from:
… The California State Senate
passed
an open textbook bill this week — it now heads to
Governor Jerry Brown’s desk — that would create an OER library
for the textbooks in the most popular undergraduate classes at the
state’s public universities.
… And so it begins:
Colorado State University’s
Global Campus will accept transfer credit for online education
startup Udacity's
CS 101.
… edX,
the MIT and Harvard MOOC initiative, will now offered proctored final
exams to the students that sign up for its open enrollment online
classes, reports
The Chronicle of Higher Education. These tests will be given by
Pearson (which also provides testing for Udacity). Vive la
revolution
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