Well, well... This holds out some hope
for our local decryption case – the arguments even seem similar.
Eleventh
Circuit Finds Fifth Amendment Right Against Self Incrimination
Protects Against Being Forced to Decrypt Hard Drive Contents
Orin Kerr writes:
We hold that the
act of Doe’s decryption and production of the contents of the hard
drives would sufficiently implicate the Fifth Amendment privilege.
We reach this holding by concluding that (1) Doe’s decryption and
production of the contents of the drives would be testimonial, not
merely a physical act; and (2) the explicit and implicit factual
communications associated with the decryption and production are not
foregone conclusions.
Why Johnny needs his own (used, less
powerful) computer.
"PC Pro's Davey Winder has
revealed how pre-school
children are being targeted by data thieves. Security vendors
have uncovered a bunch of Flash-based games, colorful and attractive
to young kids, which came complete with a remote access trojan. The
trojan is usually installed behind a button to download more free
games, but BitDefender even found one painting application where the
very act of swiping the paintbrush over an online pet to change the
color of the virtual animal was enough to trigger redirection to an
infected site."
Interesting how this type of case can
be delayed and hidden...
Accused
pretexters enter mystery plea in old HP spy case
A father-and-son team of private
investigators charged with crimes relating to Hewlett-Packard's
infamous spy scandal entered a plea yesterday in federal court, but
that plea was immediately placed under seal by the court.
It's unclear why the pleas were sealed,
as related court documents have not been posted publically. But in
general, a court has the right to seal documents if they contain
issues of confidentiality that outweigh the public's right to access
court proceedings and records. In this case, the
parties [both sides? Bob] requested the proceedings be
sealed, and presiding U.S. District Court Judge D. Lowell Jensen
granted that request, his clerk confirmed.
… The secrecy surrounding the case
leaves us wondering whether this is just the end of a very old saga,
or perhaps--less likely this far down the pike--it's the beginning of
a larger federal case targeting those who hired the DePantes' firm to
begin with.
Is this the new fingerprint? I wonder
if there was any attempt to use fingerprints for more than
identification? “People whose prints swirl to the left are always
Communists!”
Court
OKs Taking DNA From Felony Arrestees
David Kravets writes:
A federal appeals
court Thursday upheld a voter-approved measure requiring California
authorities to take a DNA sample from every adult arrested on felony
accusations in the Golden State.
The American Civil
Liberties Union, which
brought
the challenge in hopes of striking down the measure, argued that
DNA sampling of arrestees was an unconstitutional Fourth Amendment
search and privacy breach. A lower court had refused to stop the
program that has resulted in California securing a DNA database of
more than 1.5 million people.
Read more on
Threat
Level. Obviously, I disagree with the court’s ruling and hope
this eventually makes it to the Supreme Court, as I think if these
DNA-on-arrest laws stand, why not just arrest everyone in the country
and charge them with a felony so you can compile a massive national
database? Couldn’t/wouldn’t happen, you say? Didn’t it
already happen with our telecommunications being swooped up in nets
without warrants?
This is praiseworthy, but I can't help
flashing on the thought that it could become mandatory (for the
children) and an entire generation will no longer find pain relief in
opiates...
"Scientists at Mexico's
National Institute of Psychiatry are working on a vaccine that makes
the body resistant to the effects of heroin, so users would no longer
get a rush of pleasure. The researchers say they have successfully
tested the vaccine on mice and are preparing to test it on humans.
Mice given the vaccine showed
a huge drop in heroin consumption. 'It would be a vaccine for
people who are serious addicts, who have not had success with other
treatments and decide to use this application to get away from
drugs.'"
One puny little protest against a
“spying on the serfs” bill can't override years of “we need
this (without wasting time on warrants)” whining from intelligence
and law enforcement. “Do we really” is not in the political
lexicon.
How Internet Companies
Would Be Forced to Spy on You Under H.R. 1981
Rainey Reitman writes:
Online
commentators are
pointing
to the Internet backlash against H.R. 1981 as the new anti-SOPA
movement. While this bill is strikingly different from the Stop
Online Piracy Act, it does have one thing in common: it’s a
poorly-considered legislative attempt to regulate the Internet in a
way experts in the field know will have serious civil liberties
consequences. This bill specifically targets companies that provide
commercial Internet access – like your ISP – and would
force
them to collect and maintain data on all of their customers, even if
those customers have never been suspected of committing a crime.
Under H.R. 1981,
which has the misleading title of Protecting Children From
Internet Pornographers Act of 2011, Congress would force
commercial Internet access providers to keep for one year a “log of
the temporarily assigned network addresses the provider assigns to a
subscriber to or customer of such service that enables the
identification of the corresponding customer or subscriber
information under subsection (c)(2) of this section.”
Let’s break that down into simple terms.
(Related) Some nice words, but
unrelated to reality? (see above) Will we look back some day and
say “This was the point where everything changed” OR “What ever
happened to this?”
The
White House issues plan to protect consumer privacy
A “
fact
sheet” issued by the White House outlines a proposed
Consumer
Privacy Bill of Rights:
INDIVIDUAL
CONTROL:
Consumers have a
right to exercise control over what personal data companies collect
from them and how they use it.
TRANSPARENCY:
Consumers have a
right to easily understandable and accessible information about
privacy and security practices.
RESPECT
FOR CONTEXT:
Consumers have a
right to expect that companies will collect, use, and disclose
personal data in ways that are consistent with the context in which
consumers provide the data.
SECURITY:
Consumers have a
right to secure and responsible handling of personal data.
ACCESS
AND ACCURACY:
Consumers have a
right to access and correct personal data in usable formats, in a
manner that is appropriate to the sensitivity of the data and the
risk of adverse consequences to consumers if the data is inaccurate.
FOCUSED
COLLECTION:
Consumers have a
right to reasonable limits on the personal data that companies
collect and retain.
ACCOUNTABILITY:
Consumers have a
right to have personal data handled by companies with appropriate
measures in place to assure they adhere to the Consumer Privacy Bill
of Rights.
I've mentioned before that Judge
Lamberth seems to have that “logic stuff” down pat. (and he has
a way with language!)
Crude
tweeter gets unmasked when grand jury investigates whether tweets
were just obnoxious speech or threats
Yet
another
Twitter subpoena to unmask an anonymous tweeter. Once again
Twitter notified the user of the subpoena to give him a chance to
file a motion to quash. News coverage
here
and
here.
Kudos to Judge Lamberth
for allowing the Twitter user to file the motion to quash
anonymously, despite how distasteful his tweets were. The
judge denied the motion to quash on the basis that any threat against
a presidential candidate has to be investigated/taken seriously.
The judge notes, however, that he doubts the investigation would
result in an indictment as the speech does not appear to pose a
credible threat even if the language of at least one tweet is a prima
facie threat.
What a fun can of worms could be! But
everyone knows lawyers just use “standard forms” (copyrighted by
Ben Franklin) and merely fill in (their version of) the facts.
February 23, 2012
Lawyers
Sue Westlaw and Lexis Over Publication of Briefs
Via
WSJ
Law Blog: "Two lawyers are taking on legal database
providers Westlaw and LexisNexis with what appears to be a novel
interpretation of copyright law. Edward L. White, a Oklahoma City,
Okla., lawyer, and Kenneth Elan,
claim
WestLaw and LexisNexis have engaged in “unabashed wholesale copying
of thousands of copyright-protected works created by, and owned by,
the attorneys and law firms who authored them” — namely publicly
filed briefs, motions and other legal documents."
(Related) One good copyright article
deserve a second...
Joustin’
Beaver App Maker Served A Cease & Desist Order From Justin Bieber
A mobile game created to parody
Canada’s biggest teenybopper export in years was just asking for
trouble, and that’s what it’s gotten: the developers behind
‘Joustin’ Beaver,’ a mobile game available for
iOS
and Android devices, have been served with a cease and desist order
from lawyers representing Justin Bieber.
… RC3 has responded: “The game is
a parody and is protected by the First Amendment of the Constitution.
Nowhere in the game is Justin Bieber’s name, photo, image, or life
story mentioned.”
I don't need to worry about this, but a
certain professor at the law school should remember the pseudonym I
use...
February 23, 2012
EFF
- How to Remove Your Google Search History Before Google's New
Privacy Policy Takes Effect
EFF
shows you how: "It is important to note that
disabling
Web History in your Google account will not prevent Google from
gathering and storing this information and using it for internal
purposes. More information
here.
On March 1st, Google will implement its new, unified privacy policy,
which will affect data Google has collected on you prior to March 1st
as well as data it collects on you in the future. Until now, your
Google Web History (your Google searches and sites visited) was
cordoned off from Google's other products. This protection was
especially important because search data can reveal particularly
sensitive information about you, including facts about your location,
interests, age, sexual orientation, religion, health concerns, and
more. If you want to keep Google from combining your Web History
with the data they have gathered about you in their other products,
such as YouTube or Google Plus, you may want to remove all items from
your Web History and stop your Web History from being recorded in the
future."
No good deed goes unpunished and no
device that makes textbooks cheap is as cheap as marketing makes it
look... It's always the little things...
Will
an Avalanche of iPads Crush Business Networks?
Are Apple’s iPads about to overwhelm
corporate networks?
The research firm Gartner says that
unless businesses plan for it, they could require three times the
amount of wireless coverage in order to support the iPad on corporate
networks.
The issue? Well, iPads are bandwidth
hogs, and they have weaker wireless radios than most laptops. That
means that — just like most mobile phones — they can’t connect
to an access point as well as a laptop. And with more and more iPads
and phones coming on the network, companies that want to support them
are going to need to bump up Wi-Fi access points … a lot.
For people like me, who are too cheap
to own a smartphone?
Easily send a text message to any phone
in the United States, free of charge, regardless of where you live.
You will get the responses in your email, and can even respond to
responses using email. It’s all at
TextPort,
a site that makes sending SMS messages from your computer easy.
We’ve shown you
how
to send a free SMS to any phone via email, but doing so requires
you know which carrier all of your friends are on. TextPort figures
this out for you, letting you send a quick
SMS
to any phone number in the US for free. It offers a few other
worthwhile tools as well, including a reverse number lookup and a few
pay features.
Of course, if I did have a phone....
This also fits my “Ubiquitous Surveillance” category
Recording the audio of your meetings is
easy; but it is all a different matter when you need to transcript
the audio and share it with other meeting attendees. What you could
use is an app that records audio, converts it to text, and let you
share the audio as well as the transcription. This is precisely what
an Android app called SaveMeeting offers.
SaveMeeting is a phone application for
Android devices. The app is free, sized
at 1.5 MB, and compatible with devices running Android version 2.2 or
later. Using the app, you can begin recording audio anytime and
upload it online by adding details to it. Details include meeting
title, project title, meeting date, number of attendees, etc. Your
recorded audio of a meeting is uploaded online to your SaveMeeting
account and can be easily shared with other users on the site.