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How cookies can be used for global surveillance

Freedom to Tinker - Fri, 2014/12/19 - 14:26
Today we present an updated version of our paper examining how the ubiquitous use of online tracking cookies can allow an adversary conducting network surveillance to target a user or surveil users en masse. In the initial version of the study, summarized below, we examined the technical feasibility of the attack. Now we’ve made the […]

The MPAA’s Attempt to Revive SOPA Through A State Attorney General

Google Public Policy BLOG - Fri, 2014/12/19 - 13:28
Posted by Kent Walker, SVP and General Counsel
We are deeply concerned about recent reports that the Motion Picture Association of America (MPAA) led a secret, coordinated campaign to revive the failed SOPA legislation through other means, and helped manufacture legal arguments in connection with an investigation by Mississippi State Attorney General Jim Hood.
Almost three years ago, millions of Americans helped stop a piece of congressional legislation—supported by the MPAA—called the Stop Online Piracy Act (SOPA). If passed, SOPA would have led to censorship across the web. No wonder that 115,000 websites—including Google—participated in a protest, and over the course of a single day, Congress received more than 8 million phone calls and 4 million emails, as well as getting 10 million petition signatures.
Here is what recent press reports have revealed over the past few days about the MPAA’s campaign:
The MPAA conspired to achieve SOPA’s goals through non-legislative meansAccording to The Verge, “at the beginning of this year, the MPAA and six studios … joined together to begin a new campaign” to figure how it could secretly revive SOPA. It “joined together to begin a new campaign” to achieve wholesale site-blocking by “[convincing] state prosecutors to take up the fight against [Google].” The movie studios “budgeted $500,000 a year towards providing legal support”—and the MPAA later sought up to $1.175 million for this campaign.
The MPAA pointed its guns at Google With that money, the MPAA then hired its long-time law firm Jenner & Block to go after Google while also funding an astroturf group—the Digital Citizens Alliance—with the same goal of attacking Google. (Source: The New York Times).
The MPAA did the legal legwork for the Mississippi State Attorney GeneralThe MPAA then pitched Mississippi State Attorney General Jim Hood, an admitted SOPA supporter, and Attorney General Hood sent Google a letter making numerous accusations about the company. The letter was signed by General Hood but was actually drafted by an attorney at Jenner & Block—the MPAA’s law firm. As the New York Times has reported, the letter was only minimally edited by the state Attorney General before he signed it. Here is what the document showed about its true origin:We've redacted the name of the attorney to protect her privacy
Even though Google takes industry-leading measures in dealing with problematic content on our services, Attorney General Hood proceeded to send Google a sweeping 79-page subpoena, covering a variety of topics over which he lacks jurisdiction. The Verge reported that the MPAA and its members discussed such subpoenas and certainly knew about this subpoena’s existence before it was even sent to Google.
Attorney General Hood told the Huffington Post earlier this week that the MPAA "has no major influence on my decision-making,” and that he “has never asked [the] MPAA a legal question” and “isn't sure which lawyers they employ.” And yet today the Huffington Post and the Verge revealed that Attorney General Hood had numerous conversations with both MPAA staff and Jenner & Block attorneys about this matter.
While we of course have serious legal concerns about all of this, one disappointing part of this story is what this all means for the MPAA itself, an organization founded in part “to promote and defend the First Amendment and artists' right to free expression.” Why, then, is it trying to secretly censor the Internet?
UPDATE - Friday, December 19: Because Attorney General Hood's 79-page subpoena constitutes an unjustified attack that violates well-established U.S. laws governing Internet platforms and online intermediaries, we are today asking a federal court to set that subpoena aside (our brief is here). We are also asking those with a hand in this campaign to preserve all relevant documents.  We regret having to take this matter to court, and we are doing so only after years of efforts to explain both the merits of our position and the extensive steps we've taken on our platforms.

LISTEN: Wil Wheaton reads “Information Doesn’t Want to Be Free”


I've posted the first chapter (MP3) of Wil Wheaton's reading of my book Information Doesn't Want to Be Free (which sports introductions by Neil Gaiman and Amanda Palmer!), which is available as a $15 DRM-free audiobook, sweetened by samples from Amanda Palmer and Dresden Dolls' "Coin-Operated Boy."

In sharply argued, fast-moving chapters, Cory Doctorow’s Information Doesn’t Want to Be Free takes on the state of copyright and creative success in the digital age. Can small artists still thrive in the Internet era? Can giant record labels avoid alienating their audiences? This is a book about the pitfalls and the opportunities that creative industries (and individuals) are confronting today — about how the old models have failed or found new footing, and about what might soon replace them. An essential read for anyone with a stake in the future of the arts, Information Doesn’t Want to Be Free offers a vivid guide to the ways creativity and the Internet interact today, and to what might be coming next.

DRM-free audiobook

Interview with Radio New Zealand’s This Way Up

Radio New Zealand National's This Way Up recorded this interview with me, which airs tomorrow (Saturday), about my book Information Doesn't Want to Be Free (MP3).

USPTO Patent Eligibility Guidelines

IPBlog (Calgary) - Thu, 2014/12/18 - 15:00
By Richard Stobbe What is eligible to be patented in the US? This week the U.S. Patent and Trademark Office (USPTO) released Interim Eligibility Guidance on patent subject matter eligibility. In this document, the USPTO summarizes the instructions for examiners on the following categories which are exceptions to patent eligibility: abstract idea, natural phenomena, ...

Copyright Implications of a “Right to be Forgotten”? Or How to Take-Down the Internet Archive.

IPBlog (Calgary) - Thu, 2014/12/18 - 15:00
- By Richard Stobbe  They say the internet never forgets. From time to time, someone wants to challenge that dictum. In our earlier posts, we discussed the so-called "right to be forgotten" in connection with a Canadian trade-secret misappropriation and passing-off case and an EU privacy case. In a brief ruling in October, the ...

Intellectual Asset Management Best Practices – Part 2

IPBlog (Calgary) - Thu, 2014/12/18 - 15:00
 - By Richard Stobbe In Part 1, we looked at three important steps in starting an intellectual asset management process within your organization. “Intellectual assets” can include the know-how and intellectual capital within your organization together with registered and unregistered intellectual property (IP), inventions, trade-secrets, patents, copyright-protected works, trademarks, industrial designs, and ...

Copyright: Canada’s Notice-and-Notice Provisions

IPBlog (Calgary) - Thu, 2014/12/18 - 15:00
By Richard Stobbe The made-in-Canada notice-and-notice provisions are coming in January, 2015.  You may recall that in June 2012 the Copyright Modernization Act was passed by Parliament. Portions of the new copyright law came into force in November 2012, while the so-called notice-and-notice procedures were held back, to give the government time ...

Update: PIPA Revived

IPBlog (Calgary) - Thu, 2014/12/18 - 15:00
By Richard Stobbe As a follow-up to our earlier post (PIPA on Death's Door), Alberta's Personal Information Protection Act (PIPA) has been resuscitated. The Supreme Court of Canada (SCC) has granted a six-month reprieve, to allow the Government of Alberta to pass amendments to PIPA. An amended bill was tabled in ...

CASL 2.0: The Computer Program Provisions (Part 3)

IPBlog (Calgary) - Thu, 2014/12/18 - 15:00
- By Richard Stobbe The CRTC has released guidelines on the implementation of the incoming computer-program provisions of Canada's Anti-Spam Law (CASL). Software vendors should review the  CASL Requirements for Installing Computer Programs for guidance on installing software on other people's computer systems. Remember, the start-date of January 15, 2015 is less than ...

Indirect Patent Infringement in the US

IPBlog (Calgary) - Thu, 2014/12/18 - 15:00
By Richard Stobbe In a recent decision in the US (Riverbed Technology, Inc. v. Silver Peak Systems, Inc.), a company was found liable for indirect patent infringement even though the infringing features of its product were disabled when the product was sold. In the post-sale period, customers enabled the infringing features.  This was ...

The Troubles with Patent Inventorship

IPBlog (Calgary) - Thu, 2014/12/18 - 15:00
By Richard Stobbe Determining inventorship is answering the question: who contributed enough to an invention to be named as an "inventor" on the patent application? It's critical, as reviewed by my colleague Shohini Bagchee in her article Whose Invention Is It Anyway? – Some Thoughts on Patent Inventorship and Ownership. Although the US case ...

Two Privacy Class Actions: Facebook and Apple (Part 2)

IPBlog (Calgary) - Thu, 2014/12/18 - 15:00
- By Richard Stobbe In Part 1, we looked at the B.C. decision in Douez v. Facebook, Inc. Another proposed privacy class action was heard in the B.C. court a few months later: Ladas v. Apple Inc., 2014 BCSC 1821 (CanLII). This was a claim by a representative plaintiff, Ms. Ladas, alleging that ...

Two Privacy Class Actions: Facebook and Apple

IPBlog (Calgary) - Thu, 2014/12/18 - 15:00
- By Richard Stobbe Two privacy class actions earlier this year have pitted technology giants Facebook Inc. and Apple Inc. against Canadian consumers who allege privacy violations. The two cases resulted in very different outcomes. First, the Facebook decision: In Douez v. Facebook, Inc., 2014 BCSC 953 (CanLII), the court looked at two ...

Powerful new tools in Arabic and English for constitution drafters and citizens

Google Public Policy BLOG - Mon, 2014/12/15 - 12:18
Those who write (and re-write) national constitutions naturally learn and draw from the work of other drafters. Constitute, a website that digitizes and indexes the world’s constitutions which Google Ideas launched in 2013 with the Comparative Constitutions Project, has made this process even easier.
Today marks the launch of Constitute in Arabic, which promises to make the process of constitutional drafting and analysis more accessible across the Arab world. The site now provides Arabic translations of some of the world’s most-cited constitutions, coupled with powerful analytical tools.
We’re also introducing new, powerful features across the English and Arabic versions of the site. A new “compare” functionality lets you view two constitutions side-by-side, inviting an entirely different perspective. Curious how the Japanese Constitution of 1946, drafted under U.S. occupation, compares to that of the U.S.?  View them side-by-side and compare them provision by provision (for example, on the topic of search and seizure rights) in a clean, easy-to-read layout.
Constitute also includes new options for saving and sharing content. You can now pin constitutional excerpts, comparisons and entire searches, and export the results to for easy collaborative drafting, reading or analysis. You can also share to social media, or send links to specific locations in any of the documents—for example, explore which African constitutions have provisions on gender equality. 
Finally, developers and data enthusiasts—and their machine counterparts—will be able to build upon Constitute’s underlying data through an open data portal which includes access to Constitute’s API.
On average, five new constitutions are written every year and even more are amended. Creating a document to serve as the bedrock of one’s society is a huge undertaking, which is why Google Ideas collaborated with the Comparative Constitutions Project to seed Constitute in 2013. We hope today’s additions to Constitute will help equip constitutional drafters and citizens of every country with the remarkable power of knowledge.
Posted by Brett Perlmutter, Special Projects Lead, Google Ideas

Government Documents Reveal Canadian Telcos Envision Surveillance-Ready Networks

Michael Geist Law RSS Feed - Mon, 2014/12/15 - 10:57

After years of failed bills, public debate, and considerable controversy, lawful access legislation received royal assent last week. Public Safety Minister Peter MacKay’s Bill C-13 lumped together measures designed to combat cyberbullying with a series of new warrants to enhance police investigative powers, generating criticism from the Privacy Commissioner of Canada, civil liberties groups, and some prominent victims rights advocates. They argued that the government should have created cyberbullying safeguards without sacrificing privacy.

While the bill would have benefited from some amendments, it remains a far cry from earlier versions that featured mandatory personal information disclosure without court oversight and required Internet providers to install extensive surveillance and interception capabilities within their networks.

The mandatory disclosure of subscriber information rules, which figured prominently in earlier lawful access bills, were gradually reduced in scope and ultimately eliminated altogether. Moreover, a recent Supreme Court ruling raised doubt about the constitutionality of the provisions.

My weekly technology law column (Toronto Star version, homepage version) notes the surveillance and interception capability issue is more complicated, however. The prospect of a total surveillance infrastructure within Canadian Internet networks generated an enormous outcry when proposed in Vic Toews’ 2012 lawful access bill.  Not only did the bill specify the precise required surveillance and interception capabilities, but it also would have established extensive Internet provider reporting requirements and envisioned partial payments by government to help offset the costs for smaller Internet providers.

Those provisions were dropped from Bill C-13, yet according to documents obtained under the Access to Information Act, both Internet providers and the government have been debating a “Plan B” on how to ensure that there are surveillance and interception capable networks.

Perhaps the most notable revelation is that Internet providers have tried to convince the government that they will voluntarily build surveillance capabilities into their networks. A 2013 memorandum prepared for the public safety minister reveals that Canadian telecom companies advised the government that the leading telecom equipment manufacturers, including Cisco, Juniper, and Huawei, all offer products with interception capabilities at a small additional cost.

In light of the standardization of the interception capabilities, the memo notes that the Canadian providers argue that “the telecommunications market will soon shift to a point where interception capability will simply become a standard component of available equipment, and that technical changes in the way communications actually travel on communications networks will make it even easier to intercept communications.”

In other words, Canadian telecom providers are telling the government there is no need for legally mandated surveillance and interception functionality since they will be building networks that will feature those capabilities by default.

While Canadian network providers claimed that interception and surveillance capabilities would become a standard feature in their networks, government officials were not entirely convinced. Department officials argued that interception is a “complex process” and that legislative requirements were preferred.

In the absence of mandated surveillance and interception capabilities, another internal government memorandum emphasized the value of incorporating the technologies in wireless networks through spectrum licence requirements. The memorandum notes that Public Safety works with Industry Canada in developing those requirements and deals directly with providers to ensure that they meet the necessary standards.

The department’s stated goal is to “ensure that the lawful interception capabilities of public safety agencies are maximized within the existing legal framework.”  In meeting its goal, the memorandum notes that it will work directly with the wireless providers to assess compliance levels and gain “valuable information on the interception capability currently available.”

The latest chapter of lawful access legislation may have come to a close, but the internal government documents suggest that the story is not yet over. With telecom providers suggesting that surveillance-capable networks are inevitable and government officials seeking alternatives to mandatory interception capabilities, the reality is that some of the issues at the heart of lawful access remain very much in play.

The post Government Documents Reveal Canadian Telcos Envision Surveillance-Ready Networks appeared first on Michael Geist.

Government Documents Reveal Canadian Telcos Envision Surveillance-Ready Networks

Michael Geist Law RSS Feed - Mon, 2014/12/15 - 10:54

Appeared in the Toronto Star on December 13, 2014 as Government Documents Reveal Telecom Providers Envision Surveillance-Ready Networks

After years of failed bills, public debate, and considerable controversy, lawful access legislation received royal assent last week. Public Safety Minister Peter MacKay’s Bill C-13 lumped together measures designed to combat cyberbullying with a series of new warrants to enhance police investigative powers, generating criticism from the Privacy Commissioner of Canada, civil liberties groups, and some prominent victims rights advocates. They argued that the government should have created cyberbullying safeguards without sacrificing privacy.

While the bill would have benefited from some amendments, it remains a far cry from earlier versions that featured mandatory personal information disclosure without court oversight and required Internet providers to install extensive surveillance and interception capabilities within their networks.

The mandatory disclosure of subscriber information rules, which figured prominently in earlier lawful access bills, were gradually reduced in scope and ultimately eliminated altogether. Moreover, a recent Supreme Court ruling raised doubt about the constitutionality of the provisions.

The surveillance and interception capability issue is more complicated, however. The prospect of a total surveillance infrastructure within Canadian Internet networks generated an enormous outcry when proposed in Vic Toews’ 2012 lawful access bill.  Not only did the bill specify the precise required surveillance and interception capabilities, but it also would have established extensive Internet provider reporting requirements and envisioned partial payments by government to help offset the costs for smaller Internet providers.

Those provisions were dropped from Bill C-13, yet according to documents obtained under the Access to Information Act, both Internet providers and the government have been debating a “Plan B” on how to ensure that there are surveillance and interception capable networks.

Perhaps the most notable revelation is that Internet providers have tried to convince the government that they will voluntarily build surveillance capabilities into their networks. A 2013 memorandum prepared for the public safety minister reveals that Canadian telecom companies advised the government that the leading telecom equipment manufacturers, including Cisco, Juniper, and Huawei, all offer products with interception capabilities at a small additional cost.

In light of the standardization of the interception capabilities, the memo notes that the Canadian providers argue that “the telecommunications market will soon shift to a point where interception capability will simply become a standard component of available equipment, and that technical changes in the way communications actually travel on communications networks will make it even easier to intercept communications.”

In other words, Canadian telecom providers are telling the government there is no need for legally mandated surveillance and interception functionality since they will be building networks that will feature those capabilities by default.

While Canadian network providers claimed that interception and surveillance capabilities would become a standard feature in their networks, government officials were not entirely convinced. Department officials argued that interception is a “complex process” and that legislative requirements were preferred.

In the absence of mandated surveillance and interception capabilities, another internal government memorandum emphasized the value of incorporating the technologies in wireless networks through spectrum licence requirements. The memorandum notes that Public Safety works with Industry Canada in developing those requirements and deals directly with providers to ensure that they meet the necessary standards.

The department’s stated goal is to “ensure that the lawful interception capabilities of public safety agencies are maximized within the existing legal framework.”  In meeting its goal, the memorandum notes that it will work directly with the wireless providers to assess compliance levels and gain “valuable information on the interception capability currently available.”

The latest chapter of lawful access legislation may have come to a close, but the internal government documents suggest that the story is not yet over. With telecom providers suggesting that surveillance-capable networks are inevitable and government officials seeking alternatives to mandatory interception capabilities, the reality is that some of the issues at the heart of lawful access remain very much in play.

Michael Geist holds the Canada Research Chair in Internet and E-commerce Law at the University of Ottawa, Faculty of Law. He can be reached at mgeist@uottawa.ca or online at www.michaelgeist.ca.

The post Government Documents Reveal Canadian Telcos Envision Surveillance-Ready Networks appeared first on Michael Geist.

Interview with The Command Line podcast

I just appeared on the Command Line podcast (MP3) to talk about Information Doesn't Want to Be Free -- Thomas and I really had a wide-ranging and excellent conversation:

In this episode, I interview Cory Doctorow about his latest book, “Information Doesn’t Want to be Free: Laws for the Internet Age.” If you are interested in learning more about the topics we discuss and that that book covers, you can also check out books by the scholars we mention: Lawrence Lessig, James Boyle and William Patry. I compared Cory’s book to “The Indie Band Survival Guide” the authors of which are friends of the show whom I have also interviewed.

The audiobook version of the book is already available. Check Cory’s site, the free download and electronic editions should be available soon.

Why ASICs may be good for Bitcoin

Freedom to Tinker - Fri, 2014/12/12 - 09:13
Bitcoin mining is now almost exclusively performed by Bitcoin-specific ASICs (application-specific integrated circuits). These chips are made by a few startup manufacturers and cannot be used for anything else besides mining Bitcoin or closely related cryptocurrencies [1]. Because they are somewhere between a thousand and a million times more efficient at mining Bitcoin than a […]

Striking a balance between advertising and ad blocking

Freedom to Tinker - Thu, 2014/12/11 - 12:27
In the news, we have a consortium of French publishers, which somehow includes several major U.S. corporations (Google, Microsoft), attempting to sue AdBlock Plus developer Eyeo, a German firm with developers around the world. I have no idea of the legal basis for their case, but it’s all about the money. AdBlock Plus and the closely […]
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