Wednesday, March 22, 2006


News Item 5574 CDT Report Identifies Large Corporate Adware Funders.

CDT Report Identifies Large Corporate Adware Funders. Large well-respected companies are helping to fund the virulent spread of unwanted and potentially harmful "adware" by paying for advertisements generated by those programs, a new report by CDT finds. In "Following the Money: How Advertising Dollars Encourage Nuisance and Harmful Adware and What Can be Done to Reverse the Trend," CDT details how -- through a complicated network of intermediaries -- major advertisers pay to have their products and services advertised though pop-ups and other ads generated by unwanted advertising software or "adware." The report dissects the financial relationships behind those arrangements and identifies a number of mainstream companies that advertise through one particularly unscrupulous adware distributor. [Center for Democracy and Technology]
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News Item 5573 Dyson Admits What AOL Won't: "Pretty Soon Sending Most E-Mail Will Cost Money".

Dyson Admits What AOL Won't: "Pretty Soon Sending Most E-Mail Will Cost Money".

The momentum against AOL's misguided pay-to-send email scheme continues to grow. Our DearAOL coalition has grown to over 500 organizations and more than 300,000 email users have signed petitions opposing the plan. A California state senator is scheduling hearings, and many prominent consumer protection groups have joined in raising their concerns.

Unfortunately, Esther Dyson wrote a New York Times op-ed supporting the plan. Washington policy group the Center for Democracy and Technology also sadly gave a tentative nod to Goodmail, essentially trusting that AOL will not follow its economic incentives. These articles sidestep many of our concerns, and, when they take them up head-on, they often confirm our worst fears.

Dyson actually agrees with our coalition's fundamental point, which AOL has always tried to deny: "pretty soon sending most e-mail will cost money," and this scheme is just the first step down that path. We feel that the introduction of paid email, encouraged by major ISPs, threatens the free and open Internet as we know it and its benefits to free speech, civic organizing, and economic innovation. Free to send email is a feature, not a bug.

Dyson thinks you should embrace this brave new world of paid email because it will help stop phishing. But phishing won't stop because email is paid for, and AOL could implement a "certification" system like Goodmail's without taking a cut -- reducing AOL's economic incentive to degrade the quality of free email. EFF would like to see a healthy market in "certification" or "authentication" systems. AOL's decision to choose one system -- and take a financial cut that increases the more people use the chosen system -- undermines this market. It also shifts AOL's priorities away from its customers interests in receiving all their email.

CDT explicitly acknowledges the risks pay-to-send mail poses to the Internet and says it deserves "ongoing scrutiny." However, like Dyson, CDT thinks that market competition will ameliorate any harm. But the market speaks slowly -- in the meantime, this system will push speakers into a choice of paying AOL, or running the risk that AOL's anti-spam filters will prevent delivery of their messages. And recipients often -- by definition -- won't know what mail they are not receiving, making it difficult for the market to work. The picture gets worse once every email provider has their own chosen pay-to-send scheme.

Dyson's right about one thing -- if AOL users themselves got to determine how to treat certified email and senders could choose from many competing certifiers judged on their merits rather than their paybacks, that wouldn't be so worrisome. Unfortunately, that's not what AOL is doing. Instead of empowering users, AOL's chosen to sell off access to its customers email boxes and keep the money for itself.

[EFF: Deep Links]
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News Item 5572 InformationWeek | John Soat | IT Confidential: Choose Your Intrusion: Who's Your Friend? | March 20, 2006

Why should the federal government demand that search providers turn over their hard-earned data? Finders keepers, after all. Besides, search data is meaningless without context. Just because a man was convicted recently of killing his wife based partly on evidence of Internet searches for terms like "neck," "snap," and "break," what does that prove? That he was a do-it-yourself-Thanksgiving guy, as much as anything else, if you ask me.

Who would I rather have in possession of my search data: the feds, who say they want to use it to craft legislation to help control pornography on the Internet? Or Google, which wants to do nothing with it but protect my privacy ... and share it with some marketing people, too? But so what? Never enough spam, I say.

A New Jersey assemblyman was inundated with E-mails and vilified in the blogosphere for introducing a bill that would require people posting comments on local discussion boards to provide their real names and addresses. Critics tried to explain to the Internet-ignorant assemblyman that the law wasn't only unconstitutional but impossible to enforce, and one blog celeb called it the "stupidest legislation in memory." The assemblyman says he was simply trying to tone down the false and defamatory content appearing on those boards. But isn't it more likely he was actually trying to regulate the Internet and keep track of troublemakers? That's my reading, anyway, and I know I'm not alone.


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News Item 5571 Don't break DRM even if it 'threatens lives'.

Don't break DRM even if it 'threatens lives'.

Copyright cartel opposes DMCA exemptions plan

Copyright holders have collectively objected to proposed exemptions to the US Digital Millennium Copyright Act (DMCA) in cases where copyright software causes security and privacy harm. Lawyers for the pigopolists (including the Business Software Alliance, Motion Picture Ass. of America and Recording Industry Ass. of America) also said exceptions that would allow DRM software to be circumvented in hypothetical cases where it "threatens critical infrastructure and potentially endangers lives" might create "uncertainty" in the minds of software developers.

[The Register - Internet and Law: Digital Rights/Digital Wrongs]
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News Item 5570 Debit card fraud underscores legal loopholes.

Debit card fraud underscores legal loopholes.

Three secret data leaks to blame

Consumers have noted a large increase in the amount of debit card fraud since the beginning of 2006, as well as a wide recall of cards by banks and financial institutions. Three major incidents are likely fueling the fraud, according to financial and security experts.

[The Register - Internet and Law: Digital Rights/Digital Wrongs]
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News Item 5569 Commons walks all over Lords' ID card proposals.

Commons walks all over Lords' ID card proposals.

Compromise rejected

The Commons yesterday stuck to the government's guns rejecting (by 284 to 241) a truce offered yesterday by the House of Lords.

[The Register - Internet and Law: Digital Rights/Digital Wrongs]
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News Item 5568 Free Marketeers Rail Against DMCA.

Free Marketeers Rail Against DMCA.

The content industry likes to say that opposing the DMCA means opposing the free market. The libertarian Cato Institute, whose mission includes limiting government intrusion into the free market, released an excellent paper today taking aim at this faulty economic reasoning. In "Circumventing Competition: The Perverse Consequences of the DMCA," policy analyst and blogger Tim Lee writes:

"The DMCA is anti-competitive. It gives copyright holders[~]and the technology companies that distribute their content[~]the legal power to create closed technology platforms and exclude competitors from interoperating with them. Worst of all, DRM technologies are clumsy and ineffective; they inconvenience legitimate users but do little to stop pirates."

EFF has long been beating this drum, and we're always glad to see more people from all over the political spectrum push for DMCA reform. Tell your Congressmen that you support DMCA reform by visiting EFF's Action Center.

[EFF: Deep Links]
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News Item 5567 Kazaa, SpyAxe Called Badware.

Kazaa, SpyAxe Called Badware. Applications are among the first identified by the StopBadware.org group. [PCWorld.com - Latest News Stories]
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News Item 5566 Sprint Nextel Sues to Stop Sales of Phone Records.

Sprint Nextel Sues to Stop Sales of Phone Records. Lawsuit accuses company of using fraudulent tactics to access mobile phone logs. [PCWorld.com - Latest News Stories]
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News Item 5565 IRS, Security Company Warn of Tax Phishers.

IRS, Security Company Warn of Tax Phishers. Taxpayers should be leery of e-mails that purport to come from the IRS. [PCWorld.com - Latest News Stories]
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News Item 5564 Trojan Horse? Researchers Warn of Trojan Hearse.

Trojan Horse? Researchers Warn of Trojan Hearse. A new type of rootkit malware sends personal information to a Russian server. [PCWorld.com - Latest News Stories]
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News Item 5563 European legislators challenege secrecy of report on PNR privacy.

European legislators challenege secrecy of report on PNR privacy.

In May 2004, when the European Commission approved turning over PNR data from European Union airline reservations to the USA Department of Homeland Security (DHS), its approval was conditioned on DHS agreement to permit annual joint audits and reports, by the EU and the USA, on compliance with the restrictions in the agreement on how the data could be used.

Almost two years later, no such report has been made public, although the DHS still has access to all PNR's (not just those related to flights to or from the USA) of every airline that serves the USA.

(In the meantime, as Gus Hosein of the London School of Economics and Privacy International points out in the draft of a forthcoming article on the evolution of travel surveillnace policies, even more intrusive traveller tracking mandates have been proposed within the EU.)

But apparently a secret report has been prepared (no leaks yet of what it says), and EUpolitix.com reports that both the European Commission and four Members of the European Parliament (MEP's) have asked for its public release.

The deal with the USA was originally negotiated by the European Commissioner for Internal Markets, but responsibility for it was transferred last year to Franco Frattini, European Commission Vice-President for Justice, Freedom and Security. From the time he got this brief, Frattini seems to have given more weight to the data protection and civil liberties implications of turning over travel records to the USA, and he is now reportedly dismayed that the USA has insisted on keeping the annual compliance report secret.

The European Parliament continues its lawsuit against the European Commission in the European Court of Justice, in which the "advocate general" (an officer who, if I understand correctly, has a role somewhat similar to, although perhaps larger than, that of a Federal magistrate in advising a Federal judge in the USA) has already recommended that the EC "agreement" and finding that the USA has "adequate" data protection be voided.

Four individual MEP's have now sent a public letter to USA Secretary of Homeland Security Chertoff, appealing to him to authorize the release of the annual audit on compliance with the USA-EU agreement on PNR data. Not bloody likely that Chertoff will do so, given his Department's attitude toward public scrutiny and evaluation of its activies.

[The Practical Nomad]
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News Item 5562 Wired News: Fliers Can't Balk at Search

The old Hunter S. Thompson slogan, "Buy the ticket, take the ride," took on a new meaning Friday when a federal court ruled that airline passengers who enter the airport screening process cannot change their minds once they're singled out for a more extensive search.

The Ninth Circuit Court of Appeals ruled (.pdf) that travelers who walk through the airport metal detector implicitly consent to a search of their persons and bags, and they can't revoke that consent once the process has started.

The ruling moves domestic security policy closer to the rules that govern international border crossings, according to travel expert Edward Hasbrouck.

"Once you have attempted to cross the border, you are committed to a search of your person, up to and including sequestering you in a room for 72 hours while they examine your (feces) for bags of heroin. This case seems to be applying more and more a similar argument."


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News Item 5561 Judge Denies Government Access to Google Search Data.

Judge Denies Government Access to Google Search Data. A federal judge rebuffed the efforts of the U.S. Department of Justice to force Google to disclose search queries of its customers. The DOJ sought the data as part of its effort to defend against a civil lawsuit challenging the constitutionality of a federal Internet censorship law. CDT had filed a brief opposing the government's records demand. [Center for Democracy and Technology]
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News Item 5560 House Committee Approves Weak Data Security Bill.

House Committee Approves Weak Data Security Bill. The House Financial Services Committee, one of several congressional committees working on a response to widely publicized data security failures, approved its version of such legislation last week. From a consumer perspective, the bill is not a step forward from existing law, as its enforcement provisions are relatively weak and its substantive requirements are less straightforward and potentially less protective than those of many of the state laws it would preempt. It remains unclear how or whether a compromise version of federal data security legislation will emerge from Congress this year. [Center for Democracy and Technology]
11:29:50 AM  PermaLink   / trackback []