Bismillah (993337) writes A government inquiry has been launched into whether or not Australian authorities are using Section 313 of the Telecommunications Act inappropriately. Last year, the Australian securities watchdog used Section 313 powers to force ISPs to block a quarter of a million web sites — in order to prevent access to just 1,200 sites the authority deemed harmful. From the inquiry page: "How law enforcement agencies use section 313 to request the disruption of such services is an important public policy question. Section 313 is also used for other purposes, but the Committee will inquire solely into and report on government agency use of section 313 for the purpose of disrupting illegal online services. The Committee invites interested persons and organizations to make submissions addressing the terms of reference by Friday 22 August 2014."
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Jason Koebler writes: Time and time again, federal agencies like the FCC ignore what the public says it wants and side with the parties actually being regulated — the ISPs, in this case. Research and past example prove that there's not much that can be considered democratic about the public comment period or its aftermath. "Typically, there are a score or so of lengthy comments that include extensive data, analysis, and arguments. Courts require agencies to respond to comments of that type, and they sometimes persuade an agency to take an action that differs from its proposal," Richard Pierce, a George Washington University regulatory law professor said. "Those comments invariably come from companies with hundreds of millions or billions of dollars at stake or the lawyers and trade associations that represent them. Those are the only comments that have any chance of persuading an agency."
An anonymous reader writes: Last year, a U.S. District Judge ruled that Apple conspired with publishers to control ebook prices in violation of antitrust laws. Apple launched an appeal which has yet to conclude, but they've now agreed to a settlement. If the appeal verdict goes against Apple, they will be on the hook for $450 million, most of which will go to consumers. If they win the appeal, they'll still have to pay $70 million. $450 million is much more than the other publishers had to pay, but much less than the expected penalty from a damages trial set for August (and still only about one percent of Apple's annual profit).
mrspoonsi sends this BBC report: Manuel Noriega, the former dictator of Panama, is suing Call of Duty's video games publisher. The ex-military ruler is seeking lost profits and damages after a character based on him featured in Activision's 2012 title Black Ops II. The 80-year-old is currently serving a jail sentence in Panama for crimes committed during his time in power, including the murder of critics. One lawyer said this was the latest in a growing trend of such lawsuits. "In the U.S., individuals have what's called the right to publicity, which gives them control over how their person is depicted in commerce including video games," explained Jas Purewal, an interactive entertainment lawyer. "There's also been a very well-known action by a whole series of college athletes against Electronic Arts, and the American band No Doubt took action against Activision over this issue among other cases. "It all focuses upon the American legal ability for an individual to be only depicted with their permission, which in practice means payment of a fee. "But Noriega isn't a US citizen or even a resident. This means that his legal claim becomes questionable, because it's unclear on what legal basis he can actually bring a case against Activision."
jfruh writes: In 1998, the U.S. Congress passed a law that temporarily banned all taxes imposed by federal, state, and local governments on Internet access and Internet-only services, a ban that has been faithfully renewed every year since. Now the U.S. House has passed a passed a permanent version of the ban, which also applies to several states that had passed Internet taxes before 1998 and were grandfathered in under the temporary law. The Senate must pass the bill as well by November 1 or the temporary ban will lapse.
An anonymous reader writes Attorney General Eric T. Schneiderman issued a new report examining the growing number, complexity, and costs of data breaches in the New York State. The report reveals that the number of reported data security breaches in New York more than tripled between 2006 and 2013. In that same period, 22.8 million personal records of New Yorkers have been exposed in nearly 5,000 data breaches, which have cost the public and private sectors in New York upward of $1.37 billion in 2013. The demand on secondary markets for stolen information remains robust. Freshly acquired stolen credit card numbers can fetch up to $45 per record, while other types of personal information, such as Social Security numbers and online account information, can command even higher prices.
An anonymous reader sends an article about another case in which a business who received a negative review online decided to retaliate with legal complaints. In August of last year, a French food blogger posted a review of an Italian restaurant called Il Giardino. The restaurant owners responded with legal threats based on the claim that they lost business from search results which included the review. The blogger deleted the post, but that wasn't enough. She was brought to court, and a fine of €1,500 ($2,040) was imposed. She also had to pay court costs, which added another €1,000 ($1,360). The blogger said, "Recently several writers in France were sentenced in similar proceedings for defamation, invasion of privacy, and so on. ... I don't see the point of criticism if it's only positive. It's clear that online, people are suspicious of places that only get positive reviews."
angry tapir writes: The Australian Electoral Commission has been fighting a freedom of information request to reveal the source code of the software it uses to calculate votes in elections for Australia's upper house of parliament. Not only has the AEC refused an FOI request (PDF) for the source code, but it has also refused an order from the Senate directing that the source code be produced. Apparently releasing the code could "leave the voting system open to hacking or manipulation."
An anonymous reader writes When Google+ launched, it received criticism across the internet for requiring that users register with their real names. Now, Google has finally relented and removed all restrictions on what usernames people are allowed to use. The company said, "We know you've been calling for this change for a while. We know that our names policy has been unclear, and this has led to some unnecessarily difficult experiences for some of our users. For this we apologize, and we hope that today's change is a step toward making Google+ the welcoming and inclusive place that we want it to be."
Presto Vivace writes: "Public Knowledge is rallying its supporters after learning that some House members plan to try and add an amendment to H.R. 5016, the Financial Services and General Government Appropriations Act to block funding of FCC network neutrality rules. H.R. 5016 is the bill that keeps funding the government and whose failure to pass can shut it down. The White House has already said it opposed the existing FCC budget cuts and threatened a veto of a bill it says politicized the budget process." Public Knowledge is asking citizens to tell Congress to stop meddling with net neutrality. In a way this is a good sign. It is an indication that the telcos think that they will lose the current FCC debate. Meanwhile, the FCC's deadline for comments about net neutrality has arrived, and the agency's servers buckled after recording over 670,000 of them. The deadline has been extended until midnight on Friday.
Fox and Dish have been locking horns over Dish over its streaming and PVR services for a while now, and immediately after the Aereo ruling Fox sought an injunction against Dish's services. The court rejected the request. From the article: Fox pointed out the Supremes had reflected Aereo's argument (which it said was Dish's as well) that a performance was not public under the Copyright Act if each sub watches a unique stream. Fox's lawyer, Richard Stone, argued that Aereo was also essentially about attaching a Slingbox to a DVR. But that got some pushback. One judge countered that it was "completely different technology" and said that while that was the argument, "the Supreme court has all sorts of caveats in the opinion about how this was about Aereo and nothing else and a lot of the 'nothing elses' seem to be pretty similar to Slingbox." The underlying case will continue moving forward (going to trial in early 2015).
Daniel_Stuckey (2647775) writes "Hidden From Google, the brainchild of a web programmer in New Jersey, archives each website that Google is required to take down from European Union search listings thanks to the recent court decision that allows people to request that certain pages be scrubbed from Google's search results if they're outdated or irrelevant. That decision has resulted in takedown requests from convicted sex offenders and huge banking companies, among thousands of others."
An anonymous reader points out this story about the U.S. Justice Department's claim that companies served with valid warrants for data must produce that data even if the data is not stored in the U.S. Global governments, the tech sector, and scholars are closely following a legal flap in which the US Justice Department claims that Microsoft must hand over e-mail stored in Dublin, Ireland. In essence, President Barack Obama's administration claims that any company with operations in the United States must comply with valid warrants for data, even if the content is stored overseas. It's a position Microsoft and companies like Apple say is wrong, arguing that the enforcement of US law stops at the border. A magistrate judge has already sided with the government's position, ruling in April that "the basic principle that an entity lawfully obligated to produce information must do so regardless of the location of that information." Microsoft appealed to a federal judge, and the case is set to be heard on July 31.
Advocatus Diaboli writes The secretive British spy agency GCHQ has developed covert tools to seed the internet with false information, including the ability to manipulate the results of online polls, artificially inflate pageview counts on web sites, "amplif[y]" sanctioned messages on YouTube, and censor video content judged to be "extremist." The capabilities, detailed in documents provided by NSA whistleblower Edward Snowden, even include an old standby for pre-adolescent prank callers everywhere: A way to connect two unsuspecting phone users together in a call. The tools were created by GCHQ's Joint Threat Research Intelligence Group (JTRIG), and constitute some of the most startling methods of propaganda and internet deception contained within the Snowden archive. Previously disclosed documents have detailed JTRIG's use of "fake victim blog posts," "false flag operations," "honey traps" and psychological manipulation to target online activists, monitor visitors to WikiLeaks, and spy on YouTube and Facebook users.
samzenpus (5) writes "The deadline for the FCC's public comment period on their proposed net neutrality rule is coming up fast. The final day to let the FCC know what you think is tomorrow, July 15. A total of 647,000 comments have already been sent. Google, Facebook, Netflix, Amazon and other tech companies are making a final push for net neutrality saying that the FCC decision, "shifts the balance from the consumers' freedom of choice to the broadband Internet access providers' gatekeeping decisions." The Consumerist has a guide to help you through the comment process, so make sure your voice is heard."
An anonymous reader writes "Apple has never worked with any government agency from any country to create a backdoor in any of our products or services. We have also never allowed access to our servers," the company said Sunday in a bilingual statement on its China website. Users have to make the choice to enable the iPhones to calculate their locations, while "Apple does not track users' locations — Apple has never done so and has no plans to ever do so," the company said. The statement was in response to allegations by China's top state broadcaster that iOS7 software and its "Frequent Location" service posed a security risk. The data can be accessed easily, although labelled as "encrypted," and may lead to the disclosure of "state secrets," CCTV said.
First time accepted submitter SillyBoy123 writes What is the impact of file sharing releases on the movie industry? Ask the studios and they will say billions. An economist named Koleman Strumph is presenting a paper at the National Bureau of Economics this week that tries to estimate the crowd out from these releases. His conclusion: "I find that file sharing has only a modest impact on box office revenue." In fact, Strumph finds that file sharing before the official release of a movie can actually be beneficial to revenues: "One consistent result is that file sharing arrivals shortly before the theatrical opening have a modest positive effect on box office revenue. One explanation is that such releases create greater awareness of the film. This is also the period of heaviest advertising. In conjunction with the main estimates, this suggests that free and potentially degraded goods such as the lower quality movies available on file sharing networks can have some beneficial effects on intellectual property."
mpicpp writes about a new Twitter bot that reports all of the anonymous Wikipedia edits being made from the US Senate and House of Representatives. Ed Summers, an open source Web developer, recently saw a friend tweet about Parliament WikiEdits, a UK Twitter "bot" that watched for anonymous Wikipedia edits coming from within the British Parliament's internal networks. Summers was immediately inspired to do the same thing for the US Congress. "The simplicity of combining Wikipedia and Twitter in this way immediately struck me as a potentially useful transparency tool," Summers wrote in his personal blog. "So using my experience on a previous side project [Wikistream, a Web application that watches Wikipedia editing activity], I quickly put together a short program that listens to all major language Wikipedias for anonymous edits from Congressional IP address ranges and tweets them." The stream for the bot, @congressedits, went live a day later, and it now provides real-time tweets when anonymous edits of Wikipedia pages are made. Summers also posted the code to GitHub so that others interested in creating similar Twitter bots can riff on his work.
AHuxley (892839) writes "The Desk reports on a FOIA request covering "... all e-mails sent by Edward Snowden" and the NSA's refusal to release all documents. "The National Security Agency has acknowledged it retains a record of e-mail communications from former contractor turned whistleblower Edward Snowden, but says those records are exempt from public disclosure under the federal Freedom of Information Act. In a letter responding to a June 27 FOIA request from The Desk, the NSA’s chief FOIA officer Pamela Phillips wrote that while the agency has retained records related to Snowden’s employment as a contractor, they are being withheld from public examination because, among other things, releasing the records 'could interfere with law enforcement proceedings, could cause an unwarranted invasion of personal privacy, could reveal the identities of confidential sources or would reveal law enforcement techniques and procedures.' Other records are being withheld because those documents were 'also found to be currently and properly classifiedand remains classified TOP SECRET, SECRET and CONFIDENTIAL.' The letter marks the first time the NSA has publicly acknowledged retaining communication and employment records related to Snowden’s time as a contractor."