“From a legal perspective, the media may not want this to be the test case,” says Dan Abrams, NBC’s legal analyst and the founder of the Mediaite blog. “This example is almost a classic law school worst-case scenario for testing the bounds of the First Amendment. [Journalists] think it’s within his rights to do have done it, but they think he ought not to have done it. That’s the fundamental tension in the way the media’s covering the story, and the tepid defenses.”
Archive for 2011/01/04
Pointing to WikiLeaks as a paradigm of a free press at work is not a position many journalists want to find themselves inPosted: 2011/01/04 in Education / Awareness
BT has introduced a controversial service that some say could allow broadband providers to create a “two-tier internet”Posted: 2011/01/04 in Bandwidth Management, Blocking, Education / Awareness, Filtering, New Business Models, Tech Evolution
Content Connect, as it is known, allows Internet Service Providers (ISPs) that use BT’s network to charge content firms for high-speed delivery of video.
It could spell the end of so-called “net neutrality”, where all traffic on the net is treated equally. Critics say it will also reduce competition for consumers.
“This is a sea change in the way that content is delivered by ISPs,” Jim Killock of the net freedom campaign organisation, the Open Rights Group, told BBC News. “It is essentially them saying: ‘Rather than delivering whatever content is on the internet as best we can, here are our services that we will deliver through our own network.’” He said the result could be a “fundamental shift” from consumers choosing what video and gaming services they buy on the internet to “buying services from the internet to bundled services from ISPs”. “This would reduce competition and take investment away from internet companies – that would be bad for everyone.”
In addition, net neutrality advocates says that allowing large content providers, such as YouTube, to pay for premium delivery could put smaller companies at a competitive disadvantage, reinforcing the gap.
But a spokesperson for BT denied that the offering would create a “two-tier internet”. “BT supports the concept of net neutrality, but believes that service providers should also be free to strike commercial deals, should content owners want a higher quality or assured service delivery.” It said that its new service would speed up download speeds across its network – even for those not buying into Content Connect – by easing congestion.
The Justice Ministry is planning to criminalize the creation of computer viruses and submit a bill to revise the Penal Code and other related laws accordingly at an ordinary Diet session next year, it has been learned.
According to sources, the ministry has decided to clamp down on Internet-related crime because an increasing number of government offices and private companies have recently suffered from cyberattacks and leaks of important information.
The ban also will harmonize domestic laws with the Convention on Cybercrime, a treaty Japan signed in 2001 under which signatory countries cooperate to tackle Internet-related crime. The government plans to ratify the treaty, the sources said.
Dutch civil rights movement says free internet access in The Netherlands under threat. Cites Disney and Warner Bros VOD contracts from anonymous sourcePosted: 2011/01/04 in Blocking, Copyright, Education / Awareness, Enforcement, Illegal File Sharing, Legislation, Net Neutrality, Three Strikes
Dutch civil rights movement Bits of Freedom (BoF) reports that movie studios Warner Bros and Disney insisted that internet service providers would disconnect internet users when they were found to engage in (copyright) infringing activities. BoF cites documents from 2006 used for commercial negotiations with internet service providers in The Netherlands regarding Video On Demand services. These documents were provided by an anonymous source, according to BoF.
A quote from Disney’s general provisions:
“During the period of one year following Licensee’s [de internetprovider, red.] receipt of the Trigger Notice [een waarschuwing dat de internetgebruiker inbreuk maakt op Disney's auteursrechten] the parties shall negotiate in good faith the further steps to be taken against Internet Subscribers who have been the subject of previous Notices, including suspending and/or terminating service to such Internet Subscribers.”
A quote from WB’s general provisions:
“If the Customer does not respond satisfactorily to the warning letter and, in addition, does not immediately take down the content that infringes Warner Intellectual Property, the Licensee shall suspend the Customer’s ISP account until such time as the Licensee has received confirmation from Customer that Customer is no longer infringing or facilitating the infringement of Warner Intellectual Property.”
BoF adds that they do not know whether these provisions were accepted by the providers but they do know that ZIGGO (formerly known as @Home) made a VOD deal with WB in 2006. ZIGGO appears to have promised to disconnect users who infringe on WB’s copyright.
BoF argues that as such an ‘internet ban’ already exists in The Netherlands and calls on the Dutch government to introduce legislation prohibiting providers from disconnecting internet users, adding ‘if The Netherlands really feels that internet access is an important issue, it should get in the way of the content industry’. According to BoF, disconnection is exclusion and people should share their thoughts about this topic with their favorite politicians.
(my summary and translation)
Full Dutch languange article https://www.bof.nl/2011/01/04/vrije-internettoegang-ook-in-nederland-onder-vuur/
Happy New Year! You know what would have made it even happier? The non-existence of the Copyright Act of 1976, which blocked classic works of film and literature from the public domain (and your laptop and e-reader) this January 1st.
Before the law’s 1978 passage, copyrights expired after a maximum of 56 years beyond being published—meaning works from 1954 would have dropped into our laps at the start of this year. This is far from the case now. But what if we close our eyes and try to imagine a world in which Congress kept culture, rather than royalties, in mind? Yes, a world of fantasy!
Had the law not passed, a whole host of wonderful works by brilliant dead people published in 1954 would have found their way into the public domain—meaning they’d be fair game for free, digital consumption and enjoyment by all of us. Anything you might have heard of or cared about? Probably not, unless you’re into minor works like The Lord of the Flies or The Fellowship of the Ring—or cinema classics such as Rear Window, On the Waterfront, and The Seven Samurai. All of them could have been available in your pocket, for free.
The Duke University School of Law’s Center for the Study of the Public Domain has a rundown of what else could have been, lamenting that although these big name titles are the most striking cultural loss, the consequences of the copyright extensions are far greater.
Samsung’s SH100 isn’t the first point-and-shoot to have Wi-Fi, but it makes better use of it than most: You can use Samsung’s Galaxy S Android phones as a wireless remote and geotagger for the camera
“90% of Gen Yers over the age of 18 use the Internet. 75% use social networking [...] 60% of them access the Web wirelessly while on the go. 83% keep their cell phones nearby, day and night, awake or sleeping. Two-fifths don’t even have a land line.”
The Generation Y, defined as aged between 18-30, make up nearly a quarter of all Americans, and that technology is the very lifeblood keeping us afloat. But more interestingly, the broken down demographics show a major shift towards a greater, more diverse population of culture, ready to breach the workplace in a few years’ time.
I’ve written about this in mainstream media and in national security publications. I’ve advised our national leaders and rank-and-file security workers.
And, yet, still, thumb drives and other portable media are allowed near our secured information.
Is it any wonder that the stupid keeps coming out to play?
Can a simple emoticon depicting a smiley face make all the difference to email? It most certainly can, especially when dealing with younger Generation Y employees.
BitTorrent Inc: On an average day 20 million users from over 220 countries fire up one of the two BitTorrent clientsPosted: 2011/01/04 in Education / Awareness, File Sharing, Illegal File Sharing, Stats / reports
If that’s not enough, the company also reports that 400,000 new clients are downloaded every day
linking to infringing material is enough to cost a site its domain
Has The Video Game Industry Surpassed The Military In Driving The Next Wave Of Technological Change?Posted: 2011/01/04 in Education / Awareness, Tech Evolution
The latest in the Italian government’s war against YouTube is that it’s declared that YouTube qualifies as a TV station and is subject to television regulations (Google translation of the original Italian, found via Slashdot). What this means is that not only will YouTube/Google have to pay a tax as a TV broadcaster, but it now has other regulatory controls, including an obligation to publish “corrections” within 48 hours to anyone who claims they were slandered, and an obligation to not broadcast “inappropriate” content during times when children might watch.
But, of course, the biggest issue is that it says that if there’s any editiorial control, even automated (so I assume the “favorites” or “recommended” lists count), suddenly, YouTube becomes liable for all of the content.
Two Courts Disagree On Whether Or Not A Website Can Be Forced To Remove User-Created Defamatory ContentPosted: 2011/01/04 in Blocking, Education / Awareness, Jurisprudence
The Obama administration says it wants to hear from organisations interested in fostering “internet freedom programs”Posted: 2011/01/04 in Education / Awareness, Future Developments?, Privacy / Data Protection, Public Policy, Tech Evolution
The US department of state’s Bureau of Democracy, Human Rights, and Labor (DRL) and Bureau of Near Eastern Affairs (NEA) have issued a Joint Request for ‘Statements of Interest’ (SOI) from organisations “interested in submitting proposals for projects that support Internet freedom under the ‘Governing Justly and Democratically’ Foreign Assistance program objective.”
Under Supporting digital activists, “Statements of interest should address one or more of the following potential program activities”: Counter-censorship Technology, Secure Mobile Communications,Digital Safety Training, Building the Technology Capacity of Digital Activists and Civil Society in Hostile Internet Environments in the Near East, Virtual Open Internet Centers, Emergency funding & Internet Public Policy.
- Development and support of web-based circumvention technology to enable users in closed societies to get around firewalls and filters in acutely hostile Internet environments;
- Enhance secure communications, networking, and data storage among advocacy groups;
- Training on and access to communication platforms to share electronic information securely; training for activists, bloggers, citizen journalists, and civil society organizations to allow them to safely and anonymously participate in online forums; and promotion of peer-to-peer data sharing between mobile devices;
- Identify and archive censored content and creatively reintroduce content and counter-censorship tools into those online environments;
- Measuring the effectiveness of circumvention technologies, efforts to propagate those technologies;
According to an affidavit filed in support of the search warrant in this case, the students, Tram Vo and Khoi Van, made more than $1.2 million selling software, videogames and Apple gift cards on eBay, and then shipping buyers products that they’d purchased with stolen credit card numbers.
The scam that Vo and Van are accused of has become a big problem for U.S. merchants, according to the affidavit, which was unsealed last week.
Here’s how it works. Using stolen information the criminals set up eBay and PayPal accounts in other people’s names and start selling products — $400 Rosetta Stone software or iTunes gift cards, for example. When legitimate buyers purchase these products using PayPal, the scammers then order them direct from the manufacturer, using stolen credit card numbers. By the time the credit card user reports the fraud, the scammers have already moved their money from PayPal to another bank account. Then they move it offshore to accounts in Canada or Vietnam.
The online merchant is the big loser in the deal, but the consumers whose information was stolen also take a hit, as they have to untangle themselves from the fraudulent credit card transactions and fake eBay and PayPal accounts.
One victim, Susan Higginbotham, of Bemidji, Minnesota, got as many as eight letters a day from banks telling her she’d just signed up as a customer. She also got bills from eBay for the fraudulent transactions, according to the Minnesota Star Tribune, which first reported the investigation on Saturday.
In November, Louisiana authorities working with ICE arrested three students in connection with a similar scam.
The law enforcement operation, run out of ICE’s Cyber Crimes Center in Washington, D.C., has been investigating the Vietnamese crime ring since Sept. 2009 in an action called Operation eMule
Supreme Court of California: Fourth Amendment permits law enforcement officers to conduct a warrantless search of the text message folder of a cell phone taken after arrestPosted: 2011/01/04 in Education / Awareness, Jurisprudence, Privacy / Data Protection
The new DEX technology patented by the UPC can be used to explore large volumes of networked data. The system offers high-speed processing, configurable data entry from multiple sources, and the management of networks with billions of nodes and connections from a desktop PC.
Users can quickly and easily identify interrelated records by formulating queries based on simple values such as names and keywords. Until now, this was possible to a certain extent using database technology, but DEX extracts new information from interrelated data and improves the speed and the capacity to perform complex queries in large data networks.
The DAMA-UPC group, which sees huge potential for the technology in the field of social media and the internet, proposes using the DEX system to analyze data on WikiLeaks, the international media organization that publishes anonymous reports and leaked documents on its website.
From fraud detection to the evolution of cancer
In what was the first major application of DEX, the Notary Certification Agency (ANCERT) used the technology to detect fraud in real estate transactions and the Catalan Institute of Oncology is using it to study the evolution of cancer in Catalonia. The DAMA-UPC group is now looking into how DEX technology can be applied to pharmaceutical data analysis to explore developments in the use of medicines.
The group is also conducting research into how information spreads across the internet and at what speed, and why some news spreads faster than others. The project is developed in the framework of the Social Media project, a strategic industrial research project funded by the National Strategic Consortia for Technical Research (CENIT) program.
The question, then, is simply this: Can U.S. foreign policy be fixed? Although I am not very optimistic that it will be, I am more than confident that it can bePosted: 2011/01/04 in Education / Awareness, Public Policy
I propose a four-pronged solution from the following perspectives: Founding Fathers, military, congressional, libertarian. In brief, to fix its foreign policy the United States should implement a Jeffersonian foreign policy, adopt Major General Smedley Butler’s Amendment for Peace, follow the advice of Congressman Ron Paul, and do it all within the libertarian framework of philosopher Murray Rothbard.
What do these various breaches have in common? The threats may be too diverse to slip into a single category, but the likely culprit is the use of powerful native FTP, without proper, secure management. Once a doorway is left open, native unmanaged FTP access can wreak havoc in any organization.
It doesn’t have to be this way. Using a managed secure file server like Linoma Software’s GoAnywhere Services – which has granular permissions and security controls, along with detailed audit logs and alerts – IT can monitor and better secure and control its data resources.
Regardless of how your organization or your trusted business partners are configured to exchange data, isn’t it time to consider a better way to manage your company’s file transfer security?
a popular Open Source FTP server software application, ProFTPD version 1.3.3c, was distributed containing a malicious backdoor that permits hackers to access FTP credentials. It is thought the attackers took advantage of an un-patched security flaw in the FTP daemon to gain access to the server and exchange distribution files
Do you believe they should be permitted to clandestinely expand their war-making without informed public debate? If so, you are betraying the principles upon which America was founded, endangering your nation, and displaying a distinctly “unamerican” subservience to unaccountable authority. But if you oppose autocratic power, you are called to support Wikileaks and others trying to limit U.S. Executive Branch mass murder abroad and failure to protect Americans at home.
These two issues became officially linked for the first time when former U.S. Afghan commander General Stanley McChrystal explicitly stated that the murder of civilians increases rather than decreases the numbers of those committed to killing Americans.