Tuesday, February 6, 2007

BBC NEWS | Technology | How the net turns code into politics The freedoms built in to the net are under attack like never before, argues regular columnist Bill Thompson. The launch of Windows Vista last week was accompanied by widespread criticism from advocates of open systems, open networks and the free flow of information. Particular attention was lavished on the digital rights management (DRM) features of the new operating system, the tools that determine whether you can play or copy video or audio on your computer. [...] The internet that we know today is changing, turning from an open, enabling and profoundly public space into a communications system which can be regulated, controlled, monitored and - where necessary - curtailed. A regulated internet does not have to be a closed internet, but the trend is clearly towards increased control and the loss of the freedoms which the net has provided thus far. We must understand how this is happening before we can find ways to resist it. Today's internet has a technical architecture which expresses certain liberal values, largely concerned with fair access to the net's resources, lack of centralised control, support for freedom of speech, openness to innovation, and resistance to monopoly - either cultural, economic or technological. 11:01:20 AM  PermaLink   / trackback []

Vista a Threat to Internet Freedom? Vista a Threat to Internet Freedom?  BBC columnist Bill Thompson warns readers that new DRM technology, especially that found in Vista, is damaging the freedoms that the internet was based on. "The freedom of expression that was once available to users of the Internet Protocol is being stripped away. Our freedom to play, experiment, share and seek inspiration from the creative works of others is increasingly restricted so that large companies can lock our culture down for their own profit. [...] governments and corporations around the world are making a concerted effort to dismantle the open internet and replace it with a regulated and regulable one that will allow them to impose an 'architecture of control.'" [Slashdot: Your Rights Online] 10:57:00 AM  PermaLink   / trackback []

7th Circuit U.S. Court of Appeals okays surreptitious GPS tracking by police | GPS Tracking Systems On February 2, the 7th Circuit of the U.S. Court of Appeals, ruled against a defendant who claimed that the surreptitious placement of a GPS tracking device amounted to an unconstitutional search. From the court's decision: The police had not obtained a warrant authorizing them to place the GPS tracker on the defendant's car. The district judge, however, found that they had had a reasonable suspicion that the defendant was engaged in criminal activity, and she ruled that reasonable suspicion was all they needed for a lawful search, although she added that they had had probable cause as well. The defendant argues that they needed not only probable cause to believe that the search would turn up contraband or evidence of crime, but also a warrant. The government argues that they needed nothing because there was no search or seizure within the meaning of the Fourth Amendment. So the gist of it comes down to this. The fourth amendment protects against unreasonable search and seizure, but the judges ruled that the placement of a GPS tracking device without the suspect's knowledge, does not qualify as a search of his car. This is the first time the seventh circuit has weighed in on this issue, which other circuits have split on. The court equated GPS tracking to police physically following a car, or monitoring safety cameras to follow a car, neither of which amounts to illegal search and seizure. The court did note that wholesale surveillance of the entire population is another matter entirely. 10:52:26 AM  PermaLink   / trackback []

Court rules that sly GPS tracking isn't unlawful - Engadget It's one thing to offload (illegally) a dozen or so GPS units from a storage facility and beg the police to nab you by leaving them turned on, but for the boys in blue to slide a tracking device into your ride to keep dibs on your doings, well that's another matter entirely. Earlier this month, the Seventh Circuit of the US Court of Appeals "ruled against a defendant who claimed that the surreptitious placement of a GPS tracking device amounted to an unconstitutional search," essentially giving the coppers the green light to add a GPS module to a suspicious ride sans a warrant. While we're sure the privacy advocates out there are screaming bloody murder, the district judge found that they had had a "reasonable suspicion that the defendant was engaged in criminal activity," and it seems that a well-placed hunch is all they need for lawful placement. Interestingly, the government argues that no warrant was needed since "there was no search or seizure within the meaning of the Fourth Amendment," but did add that "wholesale surveillance of the entire population" was to be viewed differently. So while this may come as a shock to some folks out there, it's not like your vehicles have been entirely devoid of data capturing devices up until now anyway, so here's fair warning to be on your best behavior when rolling about. 10:49:47 AM  PermaLink   / trackback []

Court Rules GPS Tracking Legal For Law Officers. Court Rules GPS Tracking Legal For Law Officers. Via Engadget (which does a good job of explaining the case), an anonymous reader passed us a link to a GPS Tracking Systems Blog post. The site, which reports regularly on GPS-related news, has word that on-the-sly GPS tracking is legal for officers of the law. A 7th circuit court of appeals ok'd the use of a GPS device in apprehending a criminal. Though the defendant's lawyers argued on fourth amendment grounds, the judge found GPS tracking did not warrant an 'unlawful search and seizure'. The judge did warn against 'wholesale surveillance' of the population, though, so ... that's some comfort. [Slashdot: Your Rights Online] 10:46:36 AM  PermaLink   / trackback []

EFF Tackles New Role in Europe - Office Opens in Brussels EFF Tackles New Role in Europe. EFF Europe Office Opens in Brussels San Francisco - The Electronic Frontier Foundation (EFF) opened a new office in Brussels today to work with various institutions of the European Union (EU) on innovation and digital rights, acting as a watchdog for the public interest in intellectual property and civil liberties policy initiatives that impact the European digital environment. The new EFF Europe office, made possible by the generous support of the Open Society Institute and Mr. Mark Shuttleworth of the Shuttleworth Foundation, will allow EFF to have an increased focus on the development of EU law. EFF also plans to expand its efforts in European digital activism and looks forward to working with many groups and organizations to fight effectively for consumers' and technologists' interests. EFF's new European Affairs Coordinator, Erik Josefsson, will be an on-the-ground analyst, activist, and educator about critical intellectual property and civil liberties issues. "In a networked world, protecting innovation and digital rights must be a global effort," Josefsson said. "We hope this new office in Brussels will increase awareness of European developments and enrich the policy debate." [EFF: Breaking News] 10:39:19 AM  PermaLink   / trackback []

CDT Faults Guidelines for Terror Information Sharing. CDT Faults Guidelines for Terror Information Sharing. A CDT analysis finds that privacy guidelines issued by the Bush Administration for the Information Sharing Environment are inadequate. The ISE is a potentially revolutionary system for exchanging personally identifiable information that was mandated by the intelligence reform act of 2004. Adoption of detailed guidelines to protect privacy was supposed to be a pre-condition for its development. Moving forward with the ISE without adequate guidelines jeopardizes privacy, due process and First Amendment rights. [Center for Democracy and Technology] 10:35:46 AM  PermaLink   / trackback []

EFF Battles Gambit to Freeze Telecom Surveillance Cases. EFF Battles Gambit to Freeze Telecom Surveillance Cases. EFF filed suit more than a year ago against AT&T, accusing the telecom giant of collaborating with the NSA's illegal spying program. Despite Judge Walker's decision rejecting the government's and AT&T's motions to dismiss in July, they are still working to stall progress in the case. On Friday, February 9, at 2 p.m., EFF will argue in a U.S. District Court that the suit must proceed, regardless of the government's attempt to overturn Judge Walker's previous ruling in the 9th U.S. Circuit Court of Appeals. EFF's suit and other cases against major telecommunications companies for illegally assisting in the NSA spying involve critical, time-sensitive questions -- and the violations could still be ongoing. Americans deserve answers, not delays. Congress should also help uncover the truth about the spying program -- take action to support immediate investigations. [EFF: Deep Links] 10:32:03 AM  PermaLink   / trackback []

German Court Restricts Cops From Spying On PCs. German Court Restricts Cops From Spying On PCs. Germany's High Court has handed down a landmark decision banning police from installing spyware on computers of suspected criminals without their knowledge. [PC World: Latest Technology News] 10:28:38 AM  PermaLink   / trackback []

Gates, Ellison Tout Security At RSA Event. Gates, Ellison Tout Security At RSA Event. The annual RSA Conference kicks off this week with keynotes from industry luminaries Bill Gates and Larry Ellison. [PC World: Latest Technology News] 10:27:17 AM  PermaLink   / trackback []