Showing posts with label privacy. Show all posts
Showing posts with label privacy. Show all posts

Saturday, March 19, 2022

050 The Erickson Report for March 17 to 30

 

050 The Erickson Report for March 17 to 30

Good News: Relief for the USPS
https://www.washingtonpost.com/business/2022/03/08/usps-senate-biden/

Ukraine: "The War Drags On"
https://www.youtube.com/watch?v=YeH5rVUgios
https://www.dailykos.com/stories/2022/3/10/2085119/-Ukraine-update-A-war-on-the-concept-of-civilization-itself
https://www.vox.com/policy-and-politics/22967674/russia-ukraine-no-fly-zone-limited-nuclear-war
https://twitter.com/MMazarr/status/1501688603042361346
https://www.defenseone.com/ideas/2022/03/no-fly-zone-test/363099/
https://apnews.com/article/russia-ukraine-zelenskyy-kyiv-europe-congress-058c8b72b81044f861b30b7ceb500a15
https://www.politico.eu/article/zelenskyy-peace-talks-russia-realistic-accept-compromise-nato/

Two Weeks of Stupid: Clowns and Outrages
Clowns:
    DC "truckers convoy"
    https://www.dailykos.com/stories/2022/3/11/2085314/-D-C-freedom-truckers-threaten-to-abuse-911-system-if-Washingtonians-don-t-stop-flipping-them-off
    US Senate
    https://www.aol.com/news/u-senate-approves-bill-daylight-184244252-204613821.html

Outrage:
    Illegitimate "state secrets privilege" used to conceal torture and spying
    https://freedom.press/news/supreme-court-entrenches-state-secrets-privilege-dealing-a-blow-to-accountability/
    https://www.aclu.org/other/background-state-secrets-privilege
    http://whoviating.blogspot.com/2004/04/must-read.html

Julian Assange closer to being extradited
https://www.commondreams.org/news/2022/03/14/uk-top-court-rejects-assanges-request-appeal-extradition-decision
https://www.commondreams.org/views/2021/06/13/worlds-most-powerful-imprison-julian-assange-his-virtues-not-his-vices
https://rsf.org/en/news/uk-home-secretary-gives-green-light-extradite-julian-assange-us
https://www.cnn.com/2010/US/12/06/wikileaks.investigation/index.html
https://collateralmurder.wikileaks.org/
https://www.youtube.com/watch?v=5rXPrfnU3G0
https://whoviating.blogspot.com/2010/12/once-more-into-breach.html
https://theintercept.com/2021/09/28/assange-kidnapping-wikileaks-cia-senate/
https://news.yahoo.com/kidnapping-assassination-and-a-london-shoot-out-inside-the-ci-as-secret-war-plans-against-wiki-leaks-090057786.html
http://whoviating.blogspot.com/2010/12/once-more-into-leak.html
https://whoviating.blogspot.com/2017/06/245-news-on-chelsea-manning-and-julian.html
https://rsf.org/en/news/uk-rsf-calls-home-office-block-assange-extradition-following-supreme-court-refusal-consider-appeal
https://freedom.press/news/appeals-court-says-that-nixons-attempt-to-prosecute-pentagon-papers-reporter-must-stay-secret-50-years-later/


Sunday, April 25, 2021

035 The Erickson Report for April 8 to 21, Page Three: Two Weeks of Stupid: Clowns and Outrages [the Outrage]

035 The Erickson Report for April 8 to 21, Page Three: Two Weeks of Stupid: Clowns and Outrages [the Outrage]

We end with our Outrage and this one is a bit different because it's not about an incident or a policy, but a topic, one I've been meaning to mention for a while.

The Electronic Frontier Foundation, which focuses on digital privacy and free speech reports that during the pandemic, a dangerous business has prospered: invading students’ privacy with proctoring software and apps.

The group says that in the last year, universities have been compelling students to download apps that collect their face images, driver’s license data, and network information. And it does beyond solely extensive ID requirements: Students who want to move forward with their education are sometimes forced to accept being video recorded in their own homes and having the footage reviewed for “suspicious” behavior.

But believe it or not, that's not the Outrage here.

Unsurprisingly, students and educators have been pushing back against these invasions of privacy. Last fall, Ian Linkletter, a remote learning specialist at the University of British Columbia, became one of them.

Linkletter looked at what the software actually did and compared it to what Proctorio, the company that sold the spy apps to the university, was telling people about it. He posted some of his criticisms on Twitter, and included links to Proctorio's publicly-available YouTube videos.

So Proctorio has sued him, claiming - and I had to admit I read this a couple of times to make sure they were really saying this - that by linking to publicly viewable YouTube videos, Linkletter had violated both Proctorio's copyright and a confidentiality agreement between the university and the company on the grounds that even though the videos were publicly available, they were confidential. Note well, Linkletter did not alter the videos, he didn't re-use them in any way, he didn't even copy them. He just linked to them. But according to Proctorio, that's enough.

The case is transparently absurd, but that's not the point. This is - and this is why I bring this up - a classic SLAPP, a Strategic Lawsuit Against Public Participation, a suit not with the goal of winning a judgment but of silencing opposition by saddling an individual or small group with back-breaking legal costs, aiming to financially break them or force them to agree to shut up in exchange for the suit being dropped.

Fortunately for Linkletter, British Columbia has a sort of “anti-SLAPP” law, allowing a defendant to bring an early challenge to the lawsuit against them on the basis that their speech is on a topic of “public interest.” If the court accepts that, the suit is dismissed unless the plaintiff can meet a very high standard for it to continue. Dismissal could also result in the defendant getting their legal fees back.

Which is good, but hardly good enough. Getting your fees back is not guaranteed and in any event it requires being able to pay them in the first place. Linkletter, for example, has had to raise $50,000 to defend himself. For the corporation, "losing" can be written off as a cost of doing business, worth it to silence a critic. For the defendant, "winning" can be bankrupting, spiritually if not financially.

Stopping SLAPPs will take more than enabling recovery of costs after the fact. There must be actual penalties to these corporations, including being liable for personal damages, not just legal fees.

SLAPPs have been a weapon wielded by the strong against the weak for some time. They are still being used but we don't hear about a lot of them because the defendant often is required to never discuss the case as a condition of the suit being dropped.

Their purpose is to make the cost of objecting to corporate power too high. It's time we made the cost of silencing speech even higher.

For more on this, check out anti-slapp.org

Sunday, January 24, 2021

030 The Erickson Report for January 21 to February 3

 030 The Erickson Report for January 21 to February 3

This episode: 
- The best thing that happened at the Inauguration is that nothing happened 

- Good News
https://www.inquirer.com/news/pennsylvania-supreme-court-police-warrantless-vehicle-searches-commonwealth-alexander-gary-odor-marijuana-20201222.html
https://www.nbcnews.com/feature/nbc-out/falsely-claiming-someone-gay-no-longer-defamation-se-n-y-n1254175
https://quoteinvestigator.com/2012/11/15/arc-of-universe/
https://www.aol.com/news/trump-appointees-pressure-census-report-144949540-022320987.html
https://www.aol.com/nra-seeks-bankruptcy-protection-plans-222201836.html
https://www.huffpost.com/entry/betty-white-99th-birthday_n_60037324c5b697df1a06250c
https://www.aol.com/news/u-court-deals-final-blow-161627823-164453168.html

- Two Weeks of Stupid: Clowns and Outrages
https://digg.com/2021/one-main-character-sarah-huckabee-sanders
https://www.alternet.org/2021/01/pastor-robert-henderson/
https://www.biblehub.com/matthew/19-24.htm
https://www.rawstory.com/trump-insurrection-2649882126/
https://www.rawstory.com/marjorie-taylor-greene-2649963543/
https://thehill.com/homenews/house/534178-marjorie-taylor-greene-says-she-will-introduce-impeachment-articles-against
https://greene.house.gov/media/in-the-news/congresswoman-marjorie-greene-makes-statement-masks-house
https://www.inforum.com/news/government-and-politics/6840725-North-Dakota-rep-wants-American-as-race-option-on-forms-says-Black-Americans-glad-their-ancestors-were-brought-here
https://www.aol.com/trump-receives-moroccos-highest-award-190526011-021545219.html
https://www.democracynow.org/2020/12/24/western_sahara_a_rare_look_inside
https://www.hrw.org/world-report/2021
https://freedomhouse.org/country/western-sahara/freedom-world/2020
https://www.aol.com/trump-receives-moroccos-highest-award-190526011-021545219.html
https://abcnews.go.com/US/wireStory/us-consulate-turning-point-disputed-western-sahara-75160219
https://www.king5.com/article/news/nation-world/us-official-presence-in-western-sahara/507-d5a10e16-2c0f-4324-a66c-4ff38e45bd82
https://www.politico.com/news/2020/12/24/pompeo-us-consulate-western-sahara-450371
https://www.fastcompany.com/90594683/the-damning-mlk-fbi-doc-shows-how-poorly-martin-luther-king-jr-was-treated-in-his-time
https://www.vox.com/xpress/2014/11/12/7204453/martin-luther-king-fbi-letter
https://www.theatlantic.com/culture/archive/2021/01/mlk-fbi-surveillance/617719/
https://www.bizpacreview.com/2021/01/18/ostracized-conservatives-not-allowed-to-honor-mlk-after-they-enabled-a-racist-president-1018116/
https://www.theblaze.com/news/don-lemon-attacks-republicans-quoting-mlk
https://www.michiganadvance.com/2021/01/18/column-republican-praise-of-martin-luther-king-sounds-even-more-hollow-and-hypocritical-now/
https://gsgriffin.com/2016/12/08/the-socialism-of-martin-luther-king-jr/

Saturday, November 14, 2020

The Erickson Report for November 11 to 24, Page 4: Five things noted in passing

The Erickson Report for November 11 to 24, Page 4: Five things noted in passing

Next up, an occasional feature called Five Things Noted in Passing, five things on which I'm only going to spend a minute or two each but I wanted to make sure got mentioned.

First, I have a prediction for you.

There is some speculation circulating around that Tweetie-pie will either pardon himself before he's kicked out of office or that he will resign before the Inauguration and let then-President Mike NotWorthAFarthing do the job.

I don't know if either of those will happen but I do say that there is no need for him to do either. Because I predict that a Joe Blahden administration, a Blahden DOJ, will not prosecute Tweetie-pie for any of his crimes, for any of his corruption.

Instead, Blahden will grandly say, just as the Amazing Mr. O said, coming into office faced with clear evidence of Bush the Lesser's war crimes, some version of "We must look forward, not backward, we must unite as one nation moving into a better future." And Tweetie-pie will walk.

Either way, Tweetie-pie may still not be off the hook, because Presidential pardons only apply to federal crimes, so any state-level prosecution, such as New York's case about taxes, would be unaffected.

But prosecuted by the Blahden administration? Not a chance.

=

Next, filed under the heading "All Your Data is Belonging to US," Facebook is demanding that a team of New York University researchers stop their work analyzing the micro-targeting of political ads on the platform.

The researchers have a team of 6500 volunteers across the US using a browser plug-in allowing the researchers to see what political ads are being shown to what viewers, enabling them to study how Facebook has been used for disinformation and manipulation.

But on October 16, Facebook demanded that the team disable the  plug-in and destroy all data gathered, threatening "additional enforcement action" if this is not done by November 30. The claim is that the tool violates the site's rule against automated bulk collection of data - the very thing Facebook itself does all the time in order to have the very demographic data it can use to - for its own considerable profit - enable advertisers to micro-target users.

It should be noted that the threatening demand, first reported a week after it was sent, has gotten heavy pushback from journalists, academics, and First Amendment lawyers.

=

Another fallout of the COVID pandemic is that the United Nations is facing a financial crisis. As of November 2, nearly one-third of the 193 member states have not paid up their yearly assessments, leading to a shortfall of $5.1 billion, which in the context of the UN budget is enough to threaten to undermine the world-wide operations of the organization.

The UN has never actually lived up to its promise but it's still a valuable organization, particularly in its international agencies such as UNESCO, UNICEF, the Relief and Works Agency, and the World Health Organization. (You did know that the WHO is part of the UN, yes?)

By the way, over half the shortfall is due to the failure of one nation to pay what it owes. Guess who.

=

Speaking of the WHO brings me to some news I have been wanting to share since I heard it, so forgive me for referring to an announcement made back on August 25. That was the day that the WHO declared that polio has been eradicated from the entire continent of Africa.

Polio, for those of you too young to remember it, is a highly infectious disease caused by a virus that attacks the central nervous system, leading to paralysis. As recently at the 1980s, polio - also known as infantile paralysis - was a dread disease, endemic in 125 nations and claiming 350,000 children a year.

Now, it is endemic in just two, Pakistan and Afghanistan, which have seen a combined total of 102 cases so far in 2020. That is a reduction of over 99.9% from the 1980s.

This the result of a campaign sparked in 1988 by Rotary International, which gained powerful partners in the form of UNICEF, the US Centers for Disease Control and Prevention (the CDC), and the WHO, among others. The campaign was to bring polio vaccines, which had been available in the industrialized world for decades, to those still in need.

The goal of making polio join smallpox in the dustbin of history is obviously not achieved, but it is in sight.

=

Finally, under the heading "this just in," it appears that the Affordable Care Act will for the third time survive a challenge at the Supreme Court.

At oral arguments on November 10 on the right wing's latest attempt to have the law struck down, two of the right-wing judges - John "The Smirk" Roberts and Brett "The Rapist" Kavanaugh - appeared ready to agree that the law's mandate to have insurance, the penalty for which was eliminated by Congress in 2017, should be thrown out but at the same time seemed prepared to have the rest of the law stand.

For his part, Roberts wondered aloud why, if Congress wanted the ACA to be dependent on the mandate, it didn't revoke the law when it eliminated the penalties while Kavahaugh said that precedent pointed in the direction of striking down the mandate but leaving the rest of the law intact.

Add the three judges considered liberal and you have a 5-4 majority.

Not a sure thing and clearly the whole issue of health care is something we'll be talking about a lot more, but for right now there is cause to be optimistic that we will at least not lose what has been gained.

A decision is expected by late spring.


Sunday, December 01, 2019

The Erickson Report, Page 2: Quick News Hits

The Erickson Report, Page 2: Quick News Hits

A couple of headlines of things that would have made it into the show this time were it not for it being our traditional Thanksgiving show.

-

ISRAEL
On November 21, Israeli Prime Minister Benjamin Netanyahu, as long predicted and recently expected, has been indicted on charges of bribery, fraud, and breach of trust. He faces the possibility of more than 10 years in prison. To show some things are truly transnational among the right wing, he called the charges a "witch hunt" and a "political coup" and called for an investigation of the investigators.

This comes as Benny Gantz failed to form a ruling coalition for the Israeli parliament, meaning the nation is now facing its third parliamentary elections in less than a year.

It also comes just days after the Tweetie-pie administration announced it was reversing 41 years of US foreign policy, now declaring that Israeli settlements in the occupied territories are not "inconsistent with international law," even though they clearly are and remain so in the eyes of much of the world, including the EU.

This is the latest in a string of extreme rightwing Christian fundamentalist moves by the administration, including moving the US embassy to Jerusalem, closing the Palestinian mission in Washington, DC, and halting of Congressionally-appropriated aid to the West Bank and Gaza.

-

PRIVACY
Bloomberg News reported on November 22 that a database aggregating 1.2 billion users' personal information, including social media accounts related to Facebook, Twitter, LinkedIn and Github, with associated email addresses and phone numbers, was discovered unprotected on a Google cloud server last month.

So far, no one knows for certain how it got there, including whether this is the result of data being compromised or just plain stupidity.

But remember, your privacy is their primary concern.

-

BOLIVIA
This is something I absolutely don't have time for because covering all the neCessary ground would take too long, I hope it can be the subject of A Longer Look a show or two down the road, but it needs to be said now:

When Bolivian president Evo Morales left office on November 10, he did not "resign." He did not "step down." He was forced out in a military coup, one which was recognized as such by, among others, the governments of Mexico and Uruguay, the president-elect of Argentina, British Labour Party leader Jeremy Corbyn, former OAS Secretary General Miguel Insulza, and US presidential candidate Bernie Sanders and which is daily becoming more repressive and violent - although if you relied on mainstream US media, you'd think the coup was equivalent to overthrowing Hitler himself.

As the media watchdog organization FAIR put it, when is a coup not a coup? When the US government is glad it happened.

-
 
SCOTT WARREN
And we'll end on a happy note: Dr. Scott Warren of the immigrant aid group No More Deaths was facing 10 years in prison on a charge of "harboring unauthorized migrants" for the heinous act of providing food, water, and a place to sleep overnight for some immigrants making the risky and sometimes deadly trek across the Sonoran Desert.

After a six-day trial, on November 20 it took the jury just two hours to acquit him. Take that, Border Patrol.

Wednesday, October 30, 2019

The Erickson Report, Page 2: On Privacy

The Erickson Report, Page 2: On Privacy

I used to talk a lot about privacy issues, about personal privacy and government and corporate intrusions into our personal space. I haven't done so recently. Consider this re-introducing the topic.

On October 21, a 3-judge panel of the 9th Circuit Court of Appeals rejected an appeal from four US citizens’ for a fair process to get their names off the government’s No Fly List.

The No Fly List is a secret government database of people - many of whom have not been charged with a crime - that the government has barred from flying in or over the US. As of June 2016, there were about 81,000 people on the List, including about 1,000 American citizens or legal residents. The No Fly List is a subset of a larger terrorism watchlist, which as of 2017 had about 1.2 million people, of whom about 5,000 are American citizens or legal residents.

None of the four men in this particular case, Kashem v. Barr, have ever been charged with a crime; nonetheless, each has been barred from flying for more than nine years.

In an earlier ruling in the case, in 2014, the government’s procedures for someone to challenge their placement on the No Fly List were “wholly ineffective” and violated due process. The government had to revise those procedures, as a result of which several of the original plaintiffs were cleared to fly, which itself should give you an idea of how reliable the list is.

The four remaining plaintiffs, still barred from flying, argued that the changed procedures are still constitutionally inadequate, saying their ban was based on second-hand assertions and secret evidence they could not meaningfully contest and that the government’s criteria for placing people on the list are unconstitutionally vague.

Citing the "national security concerns at issue" - silly me, I thought it was Constitutional rights that were at issue - the court said, in effect, "better safe than sorry" and dismissed the challenge.

I didn't read the whole opinion (it was over 50 pages), but I did read the court's summary and was particularly struck by this passage:
The panel determined that the No Fly List criteria are not impermissibly vague merely because they require a prediction of future criminal conduct, or because they do not delineate what factors are relevant to that determination.
That is, the standards for declaring you too dangerous to be allowed on an airplane are based in part on predictions of your future behavior without even being able to lay out what lead to that prediction.

We are headed for "The Minority Report" territory.

Saturday, October 07, 2017

34.9 - For the Record: UN death penalty vote, IRS no-bid contract, Warren torches Equifax executive, Yahoo data breach growing

For the Record: UN death penalty vote, IRS no-bid contract, Warren torches Equifax executive, Yahoo data breach growing

Next up, we have one of our occasional features. This one is called For the Record, where we cover a few things quickly just to make sure the don't get ignored.

So first, For the Record: On September 27, the U.N. Human Rights Council adopted a resolution on the death penalty. It called on countries "that have not yet abolished the death penalty" not to use it for "crimes" such as apostasy, blasphemy, adultery, and consensual same-sex relations; to ensure that it is not applied in a discriminatory fashion; and not to apply it to persons with mental or intellectual disabilities or who are under 18 or to pregnant women.

That is, it didn't even call for an end to the death penalty but only that those nations that have it do not apply it unjustly. The resolution passed 27-13. The US voted no.

Note that homosexuality is illegal in over 70 countries. In 13 of them, the penalty is death.

For the record: On September 30, the IRS issued a $7.25 million no-bid contract for services to "verify taxpayer identity" and "assist in ongoing identity verification and validations" at the IRS.

The contract was given to Equifax.

For the record: As a natural follow-up that, at a hearing of the Senate Committee on Banking, Housing and Urban Affairs on October 4. Sen. Elizabeth Warren scorched former Equifax CEO Richard Smith, who retired after the September disclosure of a massive security breach that exposed personal information of nearly 150 million Americans.

She forced Smith to admit that Equifax actually profits from data breaches because they create business opportunities for the company to sell services such as credit monitoring to people who now face increase risk of fraud and identity theft.

She was even able to quote Smith as calling fraud a "huge opportunity for us" and noted that Equifax's profits had gone up 80% since 2013 despite having admitted to four separate data breaches in that same time.

Smith didn't even try to refute Warren's argument, perhaps because he doesn't care: Despite being CEO at the time of the breach, he still will collect a $90-million retirement payout.

Finally, For the record: On the other hand, perhaps Smith could have tried to insist the breach was no big deal: After all, it only affected nearly 150 million people.

Meanwhile, the number determined to be affected by Yahoo's 2013 data breach keeps growing. It's now thought to encompass all user accounts, which brings the number of compromised accounts to something like three billion.

34.1 - Good News: White House cybersecurity coordinator wants to end the use of SSNs as ID

Good News: White House cybersecurity coordinator wants to end the use of SSNs as ID

Starting off the week with some Good News, it seems that the reality is finally sinking in. Speaking at the Washington Post's annual Cybersecurity Summit on October 3, Rob Joyce, who is the White House's cybersecurity coordinator, said the US should end the use of a Social Security number as a form of ID. It has "outlived its usefulness," he said.

Joyce noted that every time you use your Social Security number as ID, it increases the chance it could be compromised - and if it is, you can't even change it.

This is something I've been advocating for a long time and I have for a good number of years been refusing to give my Social Security number to anyone when it is not legally required, which essentially meant my employer, my bank, and the IRS. So it's Good News to see that even TheRump's White House can get something right.

Saturday, June 10, 2017

24.5 - News on Chelsea Manning and Julian Assange

News on Chelsea Manning and Julian Assange

Something I wanted to bring up just because hey it's my show so why not.

Chelsea Manning
A couple of weeks ago I celebrated the release of Chelsea Manning from prison. At the time, the  only image I had of her was a black-and-white selfie of her wearing a wig - an image I have since learned was never supposed to be circulated: She sent it privately in an email to her therapist and commanding officer and it somehow got out.

Anyway, I wanted to note that we now have this new one. That is Chelsea Manning, in her first photo as a free transgender woman.

Unavoidably intertwined with Manning's case is that of Julian Assange, director of Wikileaks, an organization the Obama administration, demonstrating its claimed commitment to transparency, tried to bankrupt by blocking any source of funding. The Department of Justice tried every way it could think of to find something they could charge Assange with that did not also implicate major publications like the New York Times and the Washington Post, which published portions of the documents that Wikileaks released.

There simply is no rational question but that the highly harsh treatment of Manning, including extended solitary confinement, and the massive and threatening charges filed against her, were an attempt to force Manning to finger Assange as having induced or better yet directed her to copy and send him the documents involved, giving the US a way to get Assange without worrying about little things like freedom of the press.

When they couldn't break her, they were left without a case against Assange.

Julian Assange
But that didn't mean they gave up trying. And now, after seven years of effort, according to reports, they think they have found a way to get Julian Assange and Attorney General Jeff "too racist to be a judge" Sessions said recently that getting Assange is a "priority."

Meanwhile, in one of those moments of deliciously overt hypocrisy, CIA director Mike Pompeo has labeled Wikileaks "a non-state hostile intelligence service often abetted by state actors like Russia" and proclaimed that "we can no longer allow Assange and his colleagues the latitude to use free speech values against us" while calling Assange himself "a fraud," "a coward," and "a narcissist."

This is the same Mike Pompeo who last July gloated over the DNC emails released by Wikileaks, calling them "proof that the fix was in from Pres. Obama on down," and who during the fall campaign repeatedly referred to those emails to attack Hillary Clinton.

As a final note on this, Sweden has dropped its fishy-fron-the-start "investigation" of Assange, an investigation that, contrary to the impression you no doubt got from the media, never involved actual charges. Supposedly, he was only wanted for questioning, and the Swedish prosecutors have now said they are giving up because there is no way to question him - even though he has previously offered to be questioned in the Ecuadorian embassy where he has been given asylum or by videoconference; significantly, he even said he would go back to Sweden if the government would guarantee he would not be extradited to the US. Sweden refused all proposed compromises.

The UK still says Assange will be arrested the instant he steps out of that embassy (which is in London) on a charge of missing a court date. Like Sweden, the UK will give no assurance that if he gives himself up he won't be bundled off to the US on whatever charge the DOJ can conjure up in the hopes of destroying Assange and Wikileaks along with him.

24.3 - Footnote: Supreme Court might reconsider "third party doctrine"

Footnote: Supreme Court might reconsider "third party doctrine"

As a Footnote to that, there is also a hope that SCOTUS will use the opportunity to revisit and from my perspective hopefully reverse the so-called "third party doctrine."

That is a to-me-bizarre legal principle derived from two 1970s Supreme Court cases. This principle holds that information you voluntarily share with someone else - whether that "someone else" is your bank (such as your account information, your record of deposits and withdrawals), the phone company (what numbers you call, when and for how long), or anyone else - isn't protected by the Fourth Amendment because you can't expect that third party to keep that information secret.

There is, of course, the notion of "reasonable expectation of privacy," but this doctrine holds that as soon as you share any information with anyone, you willingly surrender all such expectation. Ultimately, the principle means that in the absence of specific legal protection (such as doctor-patient or lawyer-client confidentiality) or - maybe - a binding legal contract with that other party, the government is entitled to know anything you tell anybody. Suppose you send a private letter to someone. As soon as they open that letter, you have "voluntarily shared" whatever is in it and so the government can see it, too. Your only true legal privacy lies in information and thoughts which you never share with anyone.

I always found it offensive and absurd, more the logic of a police state than a free one, and it's even more absurd and yes dangerous now.

As Sonia Sotomayor said back in 2012 in another Supreme Court decision, the "third party doctrine" is
ill suited to the digital age, in which people reveal a great deal of information about themselves to third parties in the course of carrying out mundane tasks
and that it's time to stop treating "secrecy as a prerequisite for privacy."

Again, recent cases give some reason to hope that SCOTUS will move from 1977 to 2017. And if that happens, yeah, that would be really Good News.

24.2 - Potential Good News: Supreme Court will review a case of cell phone tracking

Potential Good News: Supreme Court will review a case of cell phone tracking

Next up, we have a case of potential Good News. It's not Good News yet, but if it works out the way some people are thinking it well might, it would indeed be Good News.

On June 5 the Supreme Court announced it will review United States v. Carpenter, a case involving long-term, retrospective tracking of a person's movements using information generated by their cell phone. The Electronic Frontier Foundation, which focuses on digital privacy, called this "very exciting news."

The case involves two defendants, Timothy Carpenter and Timothy Sanders, convicted of a string of armed robberies in 2011.

The issue at hand is that the prosecution won the convictions at least in part by convincing the jury that the two were at the scene of each of the robberies by using the cell site location information (or CSLI) data for their cell phones for some months around the time of the crimes: records that the FBI obtained without a warrant. The pair contended that such a warrantless search was a violation of the Fourth Amendment.

The 6th Circuit Court of Appeals rejected the argument, insisting that the information from the CSLI records was merely "information necessary to convey" a call and did not include the content of the call, so access to CSLI records was not a "search" under the Fourth Amendment - ignoring the fact that those same records can reveal where you were, when you were there, and for how long you were there: precisely the info used to convict both Carpenters.

The Electronic Frontier Foundation said the court's ruling "shows a complete disregard for the sensitive and revealing nature of cell site location information" as well as equating analog technologies addressed in old cases with "the data-rich technologies of today." In other words, the court didn't know what it was talking about and so just fell back on "Sure, cops, whatever you say."

Which is one reason why groups like the EFF wanted SCOTUS to take up the case, especially in light of the fact that the Court has twice recently heard cases involving digital privacy and both times has ruled against the cops and in favor of privacy. There is a reasonable hope that the Supreme Court, which seems more aware of the technological implications involved than the lower courts do, will do so again.

And that would be Good News.

What's Left #24




What's Left
for the week of June 8 to 14, 2017

This week:
Good News: Supreme Court supports right of third-party repair
https://www.wired.com/2017/06/impression-v-lexmark/?google_editors_picks=true
https://www.supremecourt.gov/opinions/16pdf/15-1189_ebfj.pdf
https://www.wired.com/2017/03/right-to-repair-laws/

Potential Good News: Supreme Court will review a case of cell phone tracking
https://www.eff.org/deeplinks/2017/06/supreme-court-will-hear-significant-cell-phone-tracking-case
https://www.eff.org/document/united-states-v-carpenter-sixth-circuit-court-appeals-csli
http://fortune.com/video/2017/06/05/supreme-court-data-privacy-case/?xid=gn_editorspicks&google_editors_picks=true

Footnote: Supreme Court might reconsider "third party doctrine"
https://www.eff.org/deeplinks/2016/05/graham-enbanc
https://www.eff.org/deeplinks/2015/05/third-party-records-privacy-doesnt-require-secrecy

Not Good News: Congressional reactionaries want to make Section 702 of FISA permanent
http://whoviating.blogspot.com/2015/05/2036-traitor-act-provisions-up-for.html
https://www.eff.org/deeplinks/2014/05/way-nsa-uses-section-702-deeply-troubling-heres-why

News on Chelsea Manning and Julian Assange
http://whoviating.blogspot.com/2010/12/they-say-that-information-wants-to-be.html
http://whoviating.blogspot.com/2010/12/once-more-into-leak.html
http://www.cnn.com/2017/04/20/politics/julian-assange-wikileaks-us-charges/index.html
https://theintercept.com/2017/04/14/trumps-cia-director-pompeo-targeting-wikileaks-explicitly-threatens-speech-and-press-freedoms/
http://www.zerohedge.com/news/2017-04-14/wikileaks-issues-response-cia-director-mike-pompeo
http://www.thedailybell.com/news-analysis/hypocrite-cia-director-who-delighted-in-wikileaks-dnc-release-threatens-julian-assange/
http://www.cnn.com/2017/04/24/politics/kfile-mike-pompeo-wikileaks/index.html

Update on voter ID laws
http://whoviating.blogspot.com/2017/06/233-good-news-north-carolina-voter.html
http://www.newsobserver.com/news/politics-government/state-politics/article154384454.html
http://www.dailykos.com/story/2017/6/5/1668987/-Massive-win-Supreme-Court-strikes-down-North-Carolina-s-GOP-drawn-maps-for-racial-gerrymandering
http://www.newsobserver.com/news/politics-government/politics-columns-blogs/under-the-dome/article151912142.html

Ya Gotta Laugh: TheRump "vindicated" by Comey
https://www.aol.com/article/news/2017/06/07/trump-says-he-feels-completely-and-totally-vindicated-after-co/22131560/
http://www.theaustralian.com.au/news/latest-news/trump-expected-loyalty-sacked-fbi-boss/news-story/db911fdb61b6bad91401e808f2fcc510

Clown Award: Commerce Secretary Wilbur Ross
http://www.foxnews.com/us/2017/04/20/what-is-fueling-fake-hate-crimes-across-u-s.html
http://talkingpointsmemo.com/edblog/a-model-society
http://whoviating.blogspot.com/2017/05/209-clown-award-mick-mulvaney.html

Outrage of the Week: TheRump quits Paris Accord
https://weather.com/news/climate/news/paris-climate-agreement-fact-check
http://abcnews.go.com/Politics/americans-oppose-climate-pact-pullout-plurality-rejects-economic/story?id=47847725
https://weather.com/science/environment/news/mayors-governors-denounce-trump-climate-accord-decision
http://www.politico.com/story/2017/06/01/climate-alliance-washington-california-new-york-239038

Saturday, May 06, 2017

20.8 - For the Record: Desiree Fairooz convicted of laughing

For the Record: Desiree Fairooz convicted of laughing

[Note: Due to time constraints, of the following, only the one about Desiree Fairooz appeared on the show as broadcast.]

Next, it's For the Record, where we cover a few items very quickly just to make sure they get mentioned.

So, For the Record: You surely recall the flap over the size of the crowd for TheRump's inauguration, a crowd he claimed was just like you know the absolute bigliest ever - only to almost immediately have someone in the National Park Service send out on the agency's Twitter account a side-by-side comparison of TheRump 2017 versus Barack Obama 2009.

Through an FOIA request, CBS News was able to report on May 2 that TheRump was directly and personally involved in agency efforts to find out who did it, efforts which included tracing the IP addresses to an certain ISP and checking all National Park Service social media points of contact in that area. They never did find the person.

For the Record: That's not the only such example, either. Another, even worse case because it didn't even involve an agency account, involved the attempts by the US Customs and Border Protection, part of the Department for the Protection of The Fatherland, to unmask the owner of a private Twitter account run by someone claiming to be an employee of the agency who was critical of TheRump's harsh immigration policies. Customs and Border Protection actually served Twitter with a summons demanding to know the name of the account holder.

Twitter, to its credit, responded by suing the CBP and the Department, forcing them to back off.

And it now develops that the agency's conduct was so bad that the Department's Office of the Inspector General has launched an internal investigation into the attempt, citing the possibilities of improper actions and abuse of authority. Inspector General John Roth added that his office is "also reviewing potential broader misuse of summons authority" by the Department.

Desiree Fairooz being arrested
For the Record: Back in January, Desiree Fairooz, an activist with Code Pink, was in the rear of the audience for the confirmation hearing on Jeff Sessions for attorney general. When Sen. Richard Shelby claimed that Sessions has an "extensive record of treating all Americans equally under the law," Fairooz laughed. Which, considering how nonsensical that claim is, is a natural reaction.

She was arrested and charged with disorderly conduct intended to "impede, disrupt, and disturb" congressional proceedings and with "parading" in the Capitol, evidently because she held up a sign while she was being dragged out.

The laugh was a one-off and indeed is barely audible on the C-SPAN video of the hearing; there are coughs that are louder. Shelby didn't even pause in his statement.

Despite that, on May 3 she was convicted by a jury on both charges and now faces a year in prison and a $2000 fine. For laughing. For spontaneously laughing at an absurdity. For failing to pretend that Jeff Sessions, who in 1986 was thought too racist to be a federal judge, has an "extensive record of treating all Americans equally under the law." For failing to be able to let the lie pass unnoticed. For laughing at the lies.

Finally, For the Record: Speaking of Code Pink, the group says that since April 17, over 1,500 Palestinian prisoners in Israeli jails have been on a hunger strike to demand basic human rights and dignity, including proper medical care, family visits, an end to the use of solitary confinement, and an end to administrative detention, where Palestinian prisoners are held without charge or trial.

Since the strike began, others have joined, bringing the total number of hunger strikers to 1,700.

The Israeli response has not been to has not been to accede to this call for a level of treatment prisoners should expect in any civilized nation but to try to break the strike, putting the leaders in isolation, further restricting family visits, and threatening ongoing punishments.

There are calls for the US Embassy in Tel Aviv to urge the Israelis to give a positive response to the hunger strikers goals.

Saturday, March 18, 2017

15.12 - Update: government spying on citizens

Update: government spying on citizens

Finally, last week I also talked some about privacy in a digital age, specifically, government intrusions into that privacy.

Here's another aspect of that.

Court records have revealed that the FBI has recruited and paid technicians at Best Buy's Geek Squad to do deep scans of the hard drive of computers brought in for service and report anything they find that seems sketchy to them.

Defenders of the practice argue that when you bring in a computer for service, you allow the technicians access to your hard drive and if they find something criminal - kiddie porn is the example invariably thrown up - it's their obligation to report it.

Which is all true and all completely irrelevant because here we are not talking about accidentally finding criminal material, we are talking about people actively looking for it - and no, contrary to what I have seen claimed, except for some potential unusual circumstances, you do not have to actually examine the content of de-allocated sectors on a hard drive in order to service it. You may see something is an image file or a text file, but you do not have to view the image or read the text to do your job - unless your job is to be a paid snoop for the feds.

Two bits of advice: encrypt your data and don't go to Geek Squad.

What's Left #15




What's Left
for the week of March 16-23, 2017

This week:
Good News: victory for voting rights in Texas
http://whoviating.blogspot.com/2017/03/132.html
http://www.tristatehomepage.com/news/politics/texas-redistricting-plan-violates-voting-rights-act-judges-say/670602463
http://www.dailykos.com/stories/2017/3/11/1642452/-Huge-Court-strikes-down-Texas-Republican-drawn-congressional-map-for-illegal-racial-gerrymandering
https://drive.google.com/file/d/0B9wwbLsQNKXEV2d5SlhhLVF6VTA/view
http://electionlawblog.org/wp-content/uploads/Perez-congress-opinion-3-10-2017.pdf
http://www.rollcall.com/news/politics/redistricting-congress-states

Good News: more support for drug importation bill
http://whoviating.blogspot.com/2017/01/104-outrage-of-week-dems-choose-big.html
http://www.vox.com/policy-and-politics/2017/2/28/14765092/cory-booker-pharma-bill

Not Good News: TheRump goes after clean water rules
https://www.scientificamerican.com/article/trump-rsquo-s-order-may-foul-u-s-drinking-water-supply/
https://en.wikipedia.org/wiki/Rapanos_v._United_States
http://www.dailykos.com/stories/2017/2/28/1638639/-Trump-ignores-Supreme-Court-ruling-in-EO-to-roll-back-Clean-Water-Act-protection
http://www.huffingtonpost.com/entry/clean-water-rule-repeal-risks-trump_us_58b91b1fe4b05cf0f3ff7372

Footnote: even TheRump is for "clean water"
http://www.great-lakes.net/teach/pollution/water/water5.html
http://www.ohiohistorycentral.org/w/Cuyahoga_River_Fire?rec=1642
https://www.youtube.com/watch?v=GZVgNwD14pA

Ya Gotta Laugh: TheRump supporters think ad for sci-fi series is real radio station
http://www.dailykos.com/story/2017/3/11/1642522/-Trump-Supporters-Reaction-to-Amazon-s-Resistance-Radio-is-both-Sad-and-Hilarious
http://resistanceradio.com/
http://io9.gizmodo.com/trump-supporters-get-mad-because-they-think-the-man-in-1793159888

Clown Award: TIME magazine
https://www.aol.com/article/news/2017/03/14/kansas-sen-steve-fitzgerald-compares-planned-parenthood-to-nazi/21887598/
http://talkingpointsmemo.com/livewire/john-merrill-promotes-voter-id-selma-anniversary-service-church-patrons-walk-out
http://www.blackpast.org/aah/bloody-sunday-selma-alabama-march-7-1965
http://www.dailykos.com/stories/2017/3/13/1642890/-Onlookers-gasp-as-a-Wall-Street-Bro-humps-the-acclaimed-Defiant-Girl-statue-on-Wall-Street
https://www.washingtonpost.com/news/morning-mix/wp/2017/03/10/a-lawyer-named-amal-clooney-gave-a-powerful-speech-at-u-n-some-only-saw-her-baby-bump/
http://www.elleuk.com/life-and-culture/elle-voices/articles/a34621/amal-clooney-yazidi-genocide/
https://en.wikipedia.org/wiki/Yazidis
https://en.wikipedia.org/wiki/Genocide_of_Yazidis_by_ISIL
https://twitter.com/TIME/status/840004347337551877

For the Record: resistance continues
http://www.dailykos.com/stories/2017/3/15/1643796/-Thousands-are-showing-up-to-welcome-Trump-to-Tennessee-with-a-Protect-our-care-rally
https://twitter.com/hashtag/ResistTrumpTuesdays?src=hash&ref_src=twsrc%5Etfw

For the Record: best country in the world?
https://www.usnews.com/news/best-countries/overall-full-list

For the Record: vibrator company tracks product use
http://www.chicagotribune.com/business/ct-we-vibe-privacy-lawsuit-settlement-0314-biz-20170313-story.html

Update: DAPL
http://www.triplepundit.com/2017/03/confidential-dapl-memo/
http://www.documentcloud.org/documents/3480350-MemoDAPLUSACEApril2016ICN.html

Update: repressing protest
http://www.dailykos.com/stories/2017/2/27/1638278/-Arizona-GOP-plans-new-restrictions-on-the-ballot-initiative-process-after-major-progressive-wins

Update: government spying on citizens
http://www.dailykos.com/stories/2017/3/12/1642731/-Best-Buy-s-Geek-Squad-provides-extra-service-a-search-of-your-computer-and-a-report-to-the-FBI
http://www.ocweekly.com/news/fbi-used-best-buys-geek-squad-to-increase-secret-public-surveillance-7950030

Sunday, March 12, 2017

14.4 - Privacy and the CIA

Privacy and the CIA

Finally, a few minutes on something I haven't talked about in a while: privacy in a digital age.

This was prompted, I expect you realize, by the release of a trove of CIA documents by WikiLeaks revealing a slew of agency's hacking techniques and programs.

This is, the group says, the first in a series of releases it's calling "Vault 7."

The title of the first release is "Year Zero," and the nearly 9,000 documents describe clandestine methods for bypassing or defeating encryption, antivirus tools, and other protective security features intended to keep the private information of citizens and corporations just that: private.

Experts who checked out the material said it appeared to be genuine.

The documents provide an overview of the scope and direction of the CIA's global covert hacking program, its malware arsenal, and dozens of "zero day" weaponized exploits against a wide range of US and European company products, including the Apple iPhone, Google's Android, Microsoft Windows. and even Samsung TVs, which are turned into covert microphones.

According to the group's press release, the CIA can also "bypass the encryption of WhatsApp, Signal, Telegram, Wiebo, Confide, and Cloackman" and the documents described ways of tricking various anti-virus programs into allowing malicious code to be injected into a computer. In other words, if the CIA wants to know, it will find out, no matter what you do to protect yourself, because "All your secrets are belonging to us."

What's more, there are indications that the CIA was working on ways to infect the vehicle control systems in by modern cars and trucks, which could, at least hypothetically, enable the agency to take over vehicles on the road and stop them - or direct them to where the agents wanted them to go.

What's not included are the actual hacking tools themselves. WikiLeaks said it planned to avoid distributing such information until a consensus emerges on how to deal with such software, although the group indicated the next day it may well release the information to technology and software corporations so they could construct patches against the CIA's methods.

It's worth recalling here that the NSA has for some time had a unit called "Tailored Access Operations," the very mandate of which is to enable the spooks to hack any computer, anywhere, any time. "Getting the ungettable" is the NSA's own description of the unit's duties. So this isn't actually a new field for the spooks and may involve the crudest sort of inter-agency rivalry and jealousy: Is the CIA just resentful of having to depend on the NSA for some intelligence operations or jealous of the NSA having a capacity it doesn't?

Meanwhile, the poor relation among the techno-spooks, the FBI, is still whining about encryption.

At a cybersecurity conference hosted by Boston College on March 7, FBI director James Comey declared that "There is no such thing as absolute privacy in America."

That, he said, "is the bargain. We made that bargain over two centuries ago to achieve two goals: privacy and security. Widespread default encryption changes that bargain. In my view it shatters the bargain."

That is, the inability of the FBI to penetrate modern encryption on our phones, our ability to keep our private information actually private, is destroying the ability of the noble and guiltless surveillance state to keep us safe and secure.

James "I must know all" Comey
The fact that his remarks come just a day after the Wikileaks document dump gave them a rather surreal quality, but he soldiered on, grousing about how many devices the agency had obtained and been unable to penetrate during the last quarter of 2016. Those devices, he declared, were linked to an array of criminal, counterintelligence, and terrorism investigations - but did not bother to declare how or even if the inability to access those devices impacted those investigations.

But here's the center of it for me: Comey denied that he is advocating for weaker encryption or for so called encryption backdoors into our phones. Oh no, he insisted that, contrary to pretty much everyone in the technological and computer fields, firms can retain access to a person's communications while also providing strong encryption.

That doesn't even make sense! How can a company provide strong encryption while still being able to access our communications at will? What kind of encryption is that? What kind of privacy is that if it can be breached at will?

Comey acknowledged that Americans have a reasonable expectations of privacy in their homes, cars, and devices. Big of him. But then he went on to spin a dark tale of a criminal world forever hidden from the FBI's view - while at the same time saying both that sophisticated criminals, nation states, and spies have had access to encryption technology for decades, and claiming that its the fact that encryption tools are now widely available which is the problem.

Which means, really, that the problem he's pointing to is us. Ordinary folks. Everyday folks. We're the ones who benefit from that wider availability of encryption. Not the sophisticated criminals, nation states, and spies; he said it himself, they've had access to it all along. We're the ones who can better protect our secrets. Which means we're the ones in James Comey's cross-hairs. Because the one thing the state cannot abide is the people being able to keep secrets, for the people to be able to know anything the state does not.

Saturday, March 11, 2017

What's Left #14




What's Left
for the week of March 9-15, 2017

This week:
Outrage of the Week: making it harder to protest
http://whoviating.blogspot.com/2017/02/113-rules.html
https://theintercept.com/2017/01/23/lawmakers-in-eight-states-have-proposed-laws-criminalizing-peaceful-protest/
https://www.washingtonpost.com/news/wonk/wp/2017/02/24/republican-lawmakers-introduce-bills-to-curb-protesting-in-at-least-17-states/
http://www.azcentral.com/story/news/politics/arizona/2017/02/23/arizona-senate-oks-racketeering-charges-riots/98296298/
http://www.phoenixnewtimes.com/news/plan-a-protest-lose-your-house-bill-sb-1142-killed-by-arizona-house-9121181
http://www.freep.com/story/news/politics/2016/12/07/anti-union-bills-pass-michigan-house-representatives/95122178/
http://www.salon.com/2017/01/14/stopping-traffic-minnesota-lawmakers-try-increase-penalties-for-common-protest-tactic/
http://www.nbcnews.com/storyline/dakota-pipeline-protests/pipeline-protesters-decry-north-dakota-bills-criminalize-protests-n706681
http://www.legis.nd.gov/assembly/65-2017/bill-actions/ba1203.html


A call to action
http://www.latimes.com/nation/nationnow/la-na-day-without-immigrants-20170216-story.html
https://www.theatlantic.com/business/archive/2017/02/day-without-immigrants-2/517380/
http://www.latimes.com/local/lanow/la-me-ln-immigrant-rally-20170218-story.html
http://www.iamamuslimtoo.org/
http://www.usatoday.com/story/news/2017/02/19/nyc-muslim-rally-protests-travel-ban/98136468/
http://www.newsy.com/stories/not-my-president-s-day-rallies-held-across-the-us/
https://www.facebook.com/notmypresidentsday/posts/268066916961940
http://www.tulsaworld.com/news/government/ap/thousands-of-demonstrators-across-us-say-not-my-president/article_31e9f096-eb3c-5da6-950b-b239a6647db6.html
https://en.wikipedia.org/wiki/Not_My_Presidents_Day
https://www.womensmarch.com/womensday
http://fusion.net/story/390780/womens-day-around-the-world/
https://newrepublic.com/article/141160/strike
http://www.nbcnews.com/news/us-news/women-s-strike-day-without-woman-events-take-place-worldwide-n730021
https://www.washingtonpost.com/local/the-strike-is-on-women-protest-as-part-of-day-without-a-woman/2017/03/08/f1da5ec8-0415-11e7-b1e9-a05d3c21f7cf_story.html
http://www.usatoday.com/story/news/2017/03/08/day-without-women-aims-show-female-impact-economy-society/98892938/
https://www.youtube.com/watch?v=WPuBGcng6Tw

Clown Award: Ben Carson
http://www.latimes.com/politics/washington/la-na-essential-washington-updates-white-house-corrects-trump-s-tweet-1488919783-htmlstory.html
https://twitter.com/POTUS/status/839099211266285568
https://www.aol.com/article/news/2017/03/07/top-republican-advises-americans-to-spend-on-healthcare-instead/21875428/
http://www.dailykos.com/story/2017/3/7/1641038/-Damage-control-Rep-Chaffetz-tries-to-walk-back-iPhone-comment-by-lying
http://www.bbc.com/news/world-us-canada-39191445
https://www.aol.com/article/news/2017/03/06/ben-carson-faces-backlash-referring-slaves-immigrants/21874775/

Privacy and the CIA
https://www.aol.com/article/news/2017/03/07/wikileaks-document-dump-alleges-the-cia-can-hack-almost-everythi/21875403/
http://bigstory.ap.org/4112d8fe79ec4cae8391359973382ac7
http://mashable.com/2017/03/07/cia-hacking-car-wikileaks-year-zero-vault-7/#WQ51kP3bdiqU
https://www.buzzfeed.com/hamzashaban/fbi-director-says-encrypted-messaging-shatters-the-bargain-o

Sunday, January 15, 2017

9.3 - Not Good News: internet consumer protection rules under attack

Not Good News: internet consumer protection rules under attack

Okay, more Not Good News, something I bet more of you will be interested in than the suffering in South Sudan. Which was very likely a very unfair thing to say but I said it anyway.

Anyway. Tom Wheeler, who surprised many with his pro-consumer leadership, is set to leave his position as chair of the FCC. Drooling at the prospect of TheRump becoming president and a shift in power at the FCC, the mega telecomms - including Comcast, Charter and Cox - are rushing to call on the agency to undo the historic win for consumer privacy achieved last fall.

Those rules are meant to keep Internet providers from abusing the data they collect on their customers as they use the Internet. Your Web browsing history, your geolocation logs, even the content of your emails are all available to your IP and when combined with your health and financial information, that is an enormous source of potential advertising revenue as well as the money to be made by selling that personal information to marketers and data brokers who will in turn sell it to others, spreading that personal information even more widely.

The FCC restricted the ability of IPs to amass, use, and share that information. And that is what the telecomms want to undo as their first strike in undoing the gains that have been made not only in privacy but in net neutrality.

Meanwhile, reports say that TheRump has asked Rupert Murdoch to make suggestions as to who should be the new chair of the FCC.

These sort of efforts have been blocked before and perhaps they will be again, but it will be an uphill battle. We could be, without hyperbole, facing the end of the Internet as we have known it.

Saturday, December 17, 2016

6.4 - Not Good News: Eight of nine tech companies refuse to pledge not to help with Muslim database

Not Good News: Eight of nine tech companies refuse to pledge not to help with Muslim database

That is a kind of Good News we can really use because it comes on the heels of some Not Good News.

In the wake of TheRump's election and his embrace of raging xenophobe Kris Kobach, with the resulting claims that TheRump was serious about the Great Wall of Orange on the Mexican border and about a registry for Muslim immigrants, the online magazine The Intercept contacted nine different American technology-related firms to ask if that company would, quoting the question, "if solicited by the Trump administration, sell any goods, services, information, or consulting of any kind to help facilitate the creation of a national Muslim registry, a project which has been floated tentatively by the president-elect’s transition team?"

After two weeks of calls and emails, six of the nine companies - Facebook, Google, Apple, IBM, SRA International, and CGI - wouldn't even provide an answer. Booz Allen Hamilton did answer - if you regard "declined to comment" an answer. Microsoft said the company would not discuss "hypotheticals" before offering the deeply disturbing observation that, quoting, "it will remain important for those in government and the tech sector to continue to work together to strike a balance that protects privacy and public safety in what remains a dangerous time." (Has it ever struck you that every time someone talks about a "balance" between privacy and security it always means we should have less privacy and more government surveillance?)

Of the nine, only one company gave a flat-out no: Twitter, which referred to a company policy statement saying, again quoting:
We prohibit developers ... from allowing law enforcement - or any other entity - to use Twitter data for surveillance purposes. Period.
This was apparently done in the wake of reports that police around the country were using people's social media feeds to track and surveil anti-TheRump activists at protests in the wake of the election.

Writing for the Intercept, reporter Sam Biddle notes in fairness that the lack of an answer from the other companies does not mean that they are tacitly endorsing TheRump's agenda in general or a Muslim registry in particular.

Even so, he wrote, it's hardly asking a lot of tech companies "to go on record as unwilling to help create a federal list of Muslims."

But apparently, for a lot of them, it is asking too much.

So good on Twitter, and that is good news - but the silence from the others except for a bit of creepy blather about "balance" definitely comes under the heading of Not Good News.

6.3 - Good News: Tech-sector workers say they will not help create Muslim database

Good News: Tech-sector workers say they will not help create Muslim database

Okay, next up, we have something we actually can call Good News.

On December 13, more than 100 employees of technology companies including Google, Twitter, and Salesforce published an open letter in which they pledged not to help the coming Donald TheRump administration to build a data registry to track people based on their religion or assist in mass deportations.

The employees, a mix of engineers, designers, and business executives, drew on comparisons to the Holocaust and the internment of Japanese Americans during World War II to declare their opposition.

Quoting the letter:
We are choosing to stand in solidarity with Muslim Americans, immigrants, and all people whose lives and livelihoods are threatened by the incoming administration’s proposed data collection policies.

We refuse to build a database of people based on their Constitutionally-protected religious beliefs. We refuse to facilitate mass deportations of people the government believes to be undesirable.
The signers also pledge, also among other actions, to work within their organizations to minimize the collection and retention of data that would facilitate ethnic or religious targeting - and in the event they discover within their organization illegal or unethical misuse of data, they will engage in "responsible whistleblowing" and resign rather than take part themselves.

By early evening on December 17, the number of signers had grown to over 2100 and was still climbing. And that just makes the Good News even better.
 
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