Judges Approves $9.5 Million Facebook ‘Beacon’ Accord: Via Threat Level.

A federal judge on Wednesday approved a $9.5 million settlement to a class action lawsuit challenging Facebook’s program that monitored and published what users of the social networking site were buying or renting from Blockbuster, Overstock and other locations.

The case concerned allegations Facebook’s now defunct “Beacon” program breached federal wiretap and video-rental privacy laws. Terms of the settlement, in which Facebook denied any wrongdoing, require the site to finance what the deal calls a “Digital Trust Fund” that would issue more than $6 million in grants to organizations to study online privacy.

The social networking site will have a seat on the fund’s three-member board — a fact that was a big bone of contention (.pdf) in the privacy community, but one U.S. District Judge Richard Seeborg in San Jose, California, said Wednesday was immaterial.

“There has been no pervasive showing that the foundation will be a mere publicity tool for Facebook,” (.pdf) Seeborg wrote.

Seeborg gave preliminary approval to the deal last year, but finalized it Wednesday after reviewing objections. [ Read more ... ]

Smackdown: Consumer Privacy vs. Advertiser Revenue: Via CDT - Center for Democracy & Technology..

I attended Smackdown: Consumer Privacy vs. Advertiser Revenue and was expecting to hear good discussion about how advertising and targeting firms are battling with privacy groups to meet the needs of the consumer. I was a little disappointed in how little representation from the privacy end there was in the room. The panel opened with moderator Alan Chapell from BlueKai asking whom in the room represented the business side of consumer data and who was from the advocacy end. I was one of three people representing the advocacy end.

The talk began with defining what data they were talking about as panelists tiptoed around exactly what data is being taken by marketers and commented that nothing used is personally identifiable and is used to tailor a better online experience; however, the panel didn’t really discuss one of the most important questions of user data being used for marketing - how long this data is kept and stored?

Discussion from the panelists turned to how advertisers can adapt their industry practices and data practices in the changing legislative environment. The FTC’s public roundtables, in which CDT participated, were discussed as was legislation in Congress being proposed by Rep. Boucher. [ Read more ... ]

Advertising - Instant Ads Set the Pace on the Web: Via NYTimes.com .

Now, companies like Google, Yahoo and Microsoft let advertisers buy ads in the milliseconds between the time someone enters a site’s Web address and the moment the page appears. The technology, called real-time bidding, allows advertisers to examine site visitors one by one and bid to serve them ads almost instantly.

For example, say a man just searched for golf clubs on eBay (which has been testing a system from a company called AppNexus for more than a year). EBay can essentially follow that person’s activities in real time, deciding when and where to show him near-personalized ads for golf clubs throughout the Web.

If eBay finds out that he bought a driver at another site, it can update the ad immediately to start showing him tees, golf balls or a package vacation to St. Andrew’s, Scotland, often called the home of golf. If a woman was shopping, eBay could change the ad’s color or presentation. [ Read more ... ]

Hi-tech governments growing keener on snooping, says report | Pinsent Masons LLP: Via Pinsent Masons LLP at Out-Law.com .

Western industrial countries are becoming more willing to spy on their citizens, according to an analysis of snooping that says that the UK is sixth in a world ranking for electronic state surveillance.

Privacy technology company CryptoHippie has produced its second annual report on surveillance trends and says in it that countries that previously showed restraint in their monitoring of individuals have lost some of that self-control.

"When we produced our first Electronic Police State report, the top ten nations were of two types: those that had the will to spy on every citizen, but lacked ability [and] those who had the ability, but were restrained in will," it said in its 2010 report. "This is changing: the able have become willing and their traditional restraints have failed." [ Read more ... ]

Mobile that allows bosses to snoop on staff developed: Via BBC News.

Researchers have produced a mobile phone that could be a boon for prying bosses wanting to keep tabs on the movements of their staff.

Japanese phone giant KDDI Corporation has developed technology that tracks even the tiniest movement of the user and beams the information back to HQ.

It works by analysing the movement of accelerometers, found in many handsets.

Activities such as walking, climbing stairs or even cleaning can be identified, the researchers say.

The company plans to sell the service to clients such as managers, foremen and employment agencies.

"Technically, I think this is an incredibly important innovation," says Philip Sugai, director of the mobile consumer lab at the International University of Japan. [ Read more ... ]

"Your Papers, Please!" - Get Your Fingerprints Ready! Cross-Party Senate Alliance Pushing National ID Card: Via Lauren Weinstein's Blog.

Greetings. According to the Wall Street Journal, U.S. Senate immigration reform advocates Chuck Schumer and Lindsey Graham are proposing a mandatory biometric (e.g. fingerprint-based) National ID Card system, and are attempting to brush away privacy concerns as trivial and irrelevant.

Touted as "merely" a "right-to-work" card aimed at addressing illegal immigration concerns, there's simply no fast-talking around the fact that this plan will set in motion a massive national ID infrastructure that will ultimately penetrate every aspect of our lives. Anyone who suggests otherwise is -- sorry to say -- either a liar or a fool. [ Read more ... ]

The Cell Phone Network: Law Enforcement's Surveillance Dream: Via Blog of Rights: Official Blog of the American Civil Liberties Union.

Yesterday, WNYC's On the Media (OTM) profiled our cell phone tracking case. In this case, the ACLU, Center for Democracy and Technology and the Electronic Frontier Foundation (EFF) asked the court to require that the government at least show probable cause before it can ask a wireless provider to fork over information about your whereabouts using GPS or cell tower tracking via your cell phone. We won in the district court (PDF); the government appealed that decision to the 3rd Circuit. [ Read more ... ]

Tracing attack source key to cybersecurity strategy, Chertoff says: Via Computerworld Security News.

Michael Chertoff, former head of the U.S. Department of Homeland Security, talked of the difficulties in creating a national cybersucurity plan during an interview with Computerworld.

The difficult task of identifying the true sources of cyber attacks remains one of the biggest challenges in the development of a national cybersecurity strategy, former Department of Homeland Security Secretary Michael Chertoff told Computerworld in an interview at the RSA Security conference here today.

Chertoff, who is participating in a panel discussion at the conference, said there is a growing need for the U.S to create a strong, formal strategy for responding to cyberattacks against American interests. [ Read more ... ]

U.S. Security Agencies Begging for a Cybersecurity "Cold War": Via Blog of Rights: Official Blog of the American Civil Liberties Union.

(Originally posted on Huffington Post.)

So the U.S. security establishment is salivating at the prospect of a new cybersecurity "Cold War." In an over-the-top op-ed in Tuesday's Washington Post, Mike McConnell issues a declaration that we are "fighting a cyber war today" and compares it to the nuclear showdown with the Soviets. McConnell exemplifies the security establishment as much as anyone — former director of the National Security Agency (NSA), former Director of National Intelligence, and currently executive vice president at Booz Allen Hamilton, a private-sector refuge for former U.S. intelligence officials (and a company that stands to make large sums from consulting on cybersecurity). [ Read more ... ]

Corporations Hide Flight Records From Public View: Via Center for Media and Democracy - Publishers of PR Watch.

A federal district court ruled that the public interest journalism group ProPublica can obtain a list of corporate-owned airplanes whose flight information was blocked from public view. ProPublica first sought the list in 2008 under the Freedom of Information Act, after the CEOs of General Motors, Ford and Chrysler flew to Washington, D.C. on corporate jets to ask Congress to bail out their companies. Those flights became known because the Federal Aviation Administration (FAA) provides real-time flight information that the public could see. But the bad publicity over the flights led General Motors to try and stop the public from tracking its planes in the future. [ Read more ... ]

Cyberwar Hype Intended to Destroy the Open Internet: Via Threat Level.

The biggest threat to the open internet is not Chinese government hackers or greedy anti-net neutrality ISPs, it’s Michael McConnell, the former director of national intelligence.

McConnell’s not dangerous because he knows anything about SQL injection hacks, but because he knows about social engineering:  McConnell is the nice-seeming guy who is willing and able to use fear-mongering to manipulate the federal bureaucracy for his own ends, while coming off like a straight shooter to those not in the know.

When he was head of the country’s national intelligence, he scared President Bush with visions of e-doom, prompting the president to sign a comprehensive secret order that unleashed tens of billions of dollars into the military’s black budget so they can start making firewalls and malware into military equipment. And now McConnell, back safely in civilian life as a vice president at the secretive defense contracting giant Booz Allen Hamilton, is out in front of Congress and the media, peddling the same Cybaremaggedon! gloom.

And now he says we need to re-engineer the internet. [ Read more ... ]

CDT Issues Report Recommending Privacy Guidelines for Digital Signage Industry: Via CDT - Center for Democracy & Technology.

Washington -- On Monday, the Center for Democracy & Technology (CDT) released a report that includes a set of privacy recommendations for the rapidly growing digital signage industry.  The report focuses on the industry's adoption of identification and interactivity technologies such as facial recognition, mobile marketing, social networking, RFID tracking and license plate scanners.

The recommendations in CDT's report, "Building The Digital-Out-Of-Home Privacy Infrastructure," are based on the widely accepted Fair Information Practices (FIPs). [ Read more ... ]

Redrawing the Route to Online Privacy: Via NYT > Privacy.

ON the Internet, things get old fast. One prime candidate for the digital dustbin, it seems, is the current approach to protecting privacy on the Internet.

It is an artifact of the 1990s, intended as a light-touch policy to nurture innovation in an emerging industry. And its central concept is “notice and choice,” in which Web sites post notices of their privacy policies and users can then make choices about sites they frequent and the levels of privacy they prefer.

But policy and privacy experts agree that the relentless rise of Internet data harvesting has overrun the old approach of using lengthy written notices to safeguard privacy. [ Read more ... ]

EPIC Urges Congress to Adopt Privacy Safeguards for Locational Data: Via EPIC - Electronic Privacy Information Center .

Today, EPIC submitted comments for an upcoming joint hearing on "The Collection and Use of Location Information for Commercial Purposes." EPIC cited the growing uses of location data for advertising and tracking purposes, typically without any legal protections, and noted widespread support among US and European consumer organizations for clear protections. EPIC recommended that Congress establish strong rules, similar to those in the European Union Eprivacy Directive, that would give users meaningful control over their locational data. EPIC had previously recommended that the F.C.C. establish guidelines for the protection of users' locational privacy. For more information, see EPIC: CPNI.

Read Original Article:(Via EPIC - Electronic Privacy Information Center .)

China Widens Net Censorship; Google Exile Looms: Via Threat Level.

The Chinese government is imposing new internet restrictions demanding personal-website operators to acquire central-government permission to operate their sites.

The latest censorship measure, which covers .cn domestic domains, comes as Google is trying to convince Chinese censors to ease up. Google said 43 days ago it would undertake a self-imposed exile from China if the government does not back off from requiring it to censor search results.

The government said the latest move — which also requires site owners to submit a photograph and to show identification — was targeted at tackling pornography. Critics, though said it was based on silencing political dissent. China did not say when the rules would be enforced. [ Read more ... ]

Are Aggregation Services Security Risks?: Via NYTimes.com .

Do you like social aggregation and tracking services like FriendFeed, Google Buzz and Cliqset? If so, there's another startup launching today that wants your attention: Strings. This service is focused less on social content sites like flickr and YouTube (although supported) and more on traditional online activity like clothing purchases from JCrew or Saks, groceries from Amazon Fresh, beauty products from Sephora and a slew of other purchases from web-based shopping sites.

But before you rush to sign up with yet another activity aggregation service, it may be time to pause and think. Do the benefits of seeing your friends' purchases on sites like Strings and the online shopping tracker Blippy outweigh the risks of handing over login credentials to these third parties? [ Read more ... ]

Cell phones show human movement predictable 93% of the time: Via Ars Technica.

We'd like to think of ourselves as dynamic, unpredictable individuals, but according to new research, that's not the case at all. In a study published in last week's Science, researchers looked at customer location data culled from cellular service providers. By looking at how customers moved around, the authors of the study found that it may be possible to predict human movement patterns and location up to 93 percent of the time. These findings may be useful in multiple fields, including city planning, mobile communication resource management, and anticipating the spread of viruses. [ Read more ... ]

FBI Tracks Suspects' Cell Phones Without a Warrant: Via Newsweek.com .

Law enforcement is tracking Americans' cell phones in real time—without the benefit of a warrant.

But many federal magistrates—whose job is to sign off on search warrants and handle other routine court duties—were spooked by the requests. Some in New York, Pennsylvania, and Texas balked. Prosecutors "were using the cell phone as a surreptitious tracking device," said Stephen W. Smith, a federal magistrate in Houston. "And I started asking the U.S. Attorney's Office, 'What is the legal authority for this? What is the legal standard for getting this information?' "

Those questions are now at the core of a constitutional clash between President Obama's Justice Department and civil libertarians alarmed by what they see as the government's relentless intrusion into the private lives of citizens. [ Read more ... ]

New York Police Databases Hold Identifying Clues: Via NYTimes.com .

The tattoo database is one of dozens kept by the Police Department in its technological information hub, the Real Time Crime Center, to jump-start criminal investigations by giving detectives more to go on than a person’s height and weight.

Aside from arrest data and the tattoo database, the center, which was created in 2005, breaks down information in all sorts of ways. There is a database for body marks, like birthmarks and scars. It keeps track of teeth, noting missing ones and gold ones. It keeps track of the way people walk: if there is a limp, it notes its severity. And it has a so-called blotchy database, of skin conditions.

The databases are fed, in part, by arrest reports; officers are instructed to take detailed notes and enter them into a computer program that moves the information to a large server.

Inspector Kenneth G. Mekeel, commanding officer of the crime center, said cadets were “taught in the academy to take down as much as they can.” [ Read more ... ]

Security Co. Keystroke Data To Support Behaviorally Targeted Ads 02/18/2010: Via MediaPost Publications.

Next month Scout Analytics will begin testing keystroke dynamics -- technology that creates individual digital fingerprints for each consumer user -- as a behavioral targeting tactic.
A Scout media client will perform the test for several months. Then Scout plans to offer its technology to retailers and other businesses that target ads directly to consumers through behavioral targeting platforms.

Keystroke dynamics analyze typing patterns such as how long each key gets held down while typing, and the length of time between each press. These typing patterns represent a signature. So, rather than rely on a cookie that can get wiped out by clearing a browser, now behavioral targeters can use parameters from browsers that create a digital fingerprint.

"It's one way to track individual users without providing personally identifiable information," says Matt Shanahan, vice president of strategy for Scout Analytics. [ Read more ... ]

Cell Phone Users: Your Privacy is at Risk: Via Blog of Rights: Official Blog of the American Civil Liberties Union.

(Originally posted on Philly.com)

If you own a cell phone, you should care about the outcome of a case scheduled to be argued in federal appeals court in Philadelphia tomorrow. It could well decide whether the government can use your cell phone to track you — even if it hasn't shown probable cause to believe it will turn up evidence of a crime.

The American Civil Liberties Union, the Electronic Frontier Foundation and the Center for Democracy and Technology will ask the court to require that the government at least show probable cause before it can track your whereabouts.

Although most people don't realize it, cell phones double as tracking devices. Newer phones contain GPS chips, the same technology that allows car navigation systems to know where you are and give directions ("Turn right now"). But even older phones that don't have chips can be tracked by knowing the location of the cell towers they use to connect to a network. [ Read more ... ]

GPS Tracking: Turning Science Fiction Into Reality: Via Blog of Rights: Official Blog of the American Civil Liberties Union.

As a fan of the The Wire, I can find lots of plot twists and exciting scenes that illustrate the basic constitutional balance between the rights of individuals and the power of law enforcement. The Wire portrays police who follow the rules and those who don't as they wiretap, search, photograph and otherwise conduct their investigations into complex criminal cases.

In one episode, Detective Leander Snydor has followed a drug dealer to a house which might link him to other criminal relationships. Snydor skillfully walks past the dealer's car, fixes a GPS tracking system to the underside of the vehicle, and walks away with a whistle.

That might seem like smart cop work when aimed at an enormous, fictional drug ring in the mean streets of Baltimore. But GPS is no longer HBO fiction. In Madison, Wisconsin, where law enforcement agents used GPS to track someone suspected of violating a restraining order without first getting a warrant, it's very, very real. Unfortunately, according to the Wisconsin Court of Appeals, we should let go of the expectation that police need permission to track our movements. [ Read more ... ]

EFF to Wisconsin: Just Say No to Warrantless GPS Tracking: Via EFF.org Updates.

ACLU National, ACLU of Wisconsin, and EFF have filed an amicus brief in the Wisconsin Supreme Court arguing that the law of that state prohibits police from installing a GPS device on you or your car without first getting a warrant from a judge. A growing number of state high courts have decided that their citizens should be protected from suspicionless GPS tracking, recognizing that uninterrupted around-the-clock surveillance is qualitatively different from ordinary police observations of a suspect. In the Wisconsin case, People v. Sveum, we ask the court to follow the example of Washington, New York, and Massachusetts and find that GPS tracking is a search that requires a warrant. EFF participated as amicus in the New York case, People v. Weaver, and is awaiting a decision under the federal Constitution in U.S. v. Jones, a GPS tracking case pending in the Court of Appeals for the District of Columbia. [ Read more ... ]

Microsoft's new 'phone home' anti-piracy practice unacceptable, says critic: Via Computerworld Privacy News.

'At what point is one free of this' perpetual checking, asks Lauren Weinstein

The Internet advocate who blasted Microsoft in 2006 over the daily "phone home" habits of its anti-piracy software took the company to task again today for a new practice that will examine consumers' Windows 7 PCs every 90 days to make sure they're running legitimate copies of the OS.

Lauren Weinstein, the co-founder of People For Internet Responsibility (PFIR), urged Windows 7 users not to accept the option update to Windows Activation Technologies (WAT) when Microsoft begins seeding it to the Windows Update service later this month.

"The approach that Microsoft is now taking doesn't seem to make sense, even for honest consumers," Weinstein argued in a post to his blog. "Microsoft will trigger forced downgrading to non-genuine status if they believe a Windows 7 system is potentially pirated based on their 'phone home' checks that will occur at (for now) 90 day intervals during the entire life of Windows 7 on a given PC, even months or years after purchase. [ Read more ... ]

Cellular user privacy at risk: Via Philadelphia Inquirer .

If you own a cell phone, you should care about the outcome of a case scheduled to be argued in federal appeals court in Philadelphia tomorrow. It could well decide whether the government can use your cell phone to track you - even if it hasn't shown probable cause to believe it will turn up evidence of a crime.

The American Civil Liberties Union, the Electronic Frontier Foundation and the Center for Democracy and Technology will ask the court to require that the government at least show probable cause before it can track your whereabouts.

Although most people don't realize it, cell phones double as tracking devices. Newer phones contain GPS chips, [ Read more ... ]