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Apple Hit With Class Action Suit Over Lack of Dust Filters In Macbook, iMac

Slashdot - Your Rights Online - Śr, 2018-12-05 04:05
AmiMoJo shares a report from 9to5Mac: Apple is facing a new class action lawsuit claiming that it sells select iMac and MacBook models without needed dust filters. In turn, this causes issues such as display imprecations, slowing performance, and more, the lawsuit alleges. The iMac and MacBook lawsuit is being brought forward by law firm Hagens Berman Sobol Shapiro, which is a class action litigation firm that has gone after Apple before. Most notably, the firm won the infamous $450 million ebooks pricing case against Apple. Since then, Hagens Berman has levied other suits at Apple, including one regarding the performance throttling of iPhones. Hagens Berman's latest lawsuit reads in part: "iMac and MacBook owners have reported dark smudges and spots on the interior of the screens of their desktop computers as well as excessive slowness and break downs of their computers related to the lack of filter on Apple computers. The computer intakes air to cool its components, but with no filter, dust gets trapped inside. This affects the screen and logic board of the computer, leading to dust stuck behind the screen and gummed up motherboards, causing the computer to run slow and/or overheat." Hagens Berman says "Apple refuses to remedy the defect," instead forcing affected customers to pay "more than $500 to fix this screen defect, and even more if they wish to replace parts integral to the computer's sped and performance." "We believe Apple owes it to the purchasers of these premium, high-end computers to pay for the widespread defect, and we seek to represent iMac owners to recover their losses in costs to repair this defect, or for their loss of use of their computer."

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The Secret Service Wants To Test Facial Recognition Around the White House

Slashdot - Your Rights Online - Śr, 2018-12-05 03:25
The Secret Service is planning to test facial recognition surveillance around the White House, "with the goal of identifying 'subjects of interest' who might pose a threat to the president," reports The Verge. The document with the plans was published by the American Civil Liberties Union, describing "a test that would compare closed circuit video footage of public White House spaces against a database of images -- in this case, featuring employees who volunteered to be tracked." From the report: The test was scheduled to begin on November 19th and to end on August 30th, 2019. While it's running, film footage with a facial match will be saved, then confirmed by human evaluators and eventually deleted. The document acknowledges that running facial recognition technology on unaware visitors could be invasive, but it notes that the White House complex is already a "highly monitored area" and people can choose to avoid visiting. We don't know whether the test is actually in operation, however. "For operational security purposes we do not comment on the means and methods of how we conduct our protective operations," a spokesperson told The Verge. The ACLU says that the current test seems appropriately narrow, but that it "crosses an important line by opening the door to the mass, suspicionless scrutiny of Americans on public sidewalks" -- like the road outside the White House. (The program's technology is supposed to analyze faces up to 20 yards from the camera.) "Face recognition is one of the most dangerous biometrics from a privacy standpoint because it can so easily be expanded and abused -- including by being deployed on a mass scale without people's knowledge or permission."

Read more of this story at Slashdot.

China Announces Punishments For Intellectual-Property Theft

Slashdot - Your Rights Online - Śr, 2018-12-05 02:03
China has announced an array of punishments that could restrict companies' access to borrowing and state-funding support over intellectual-property theft. The news comes after the G20 Summit in Argentina, where the Trump Administration agreed to hold off on tariff action for at least 90 days as they negotiate to resolve specific U.S. complaints. Bloomberg reports: China set out a total of 38 different punishments to be applied to IP violations, starting this month. The document, dated Nov. 21, was released Tuesday by the National Development and Reform Commission and signed by various government bodies, including the central bank and supreme court. China says violators would be banned from issuing bonds or other financing tools, and participating in government procurement. They would also be restricted from accessing government financial support, foreign trade, registering companies, auctioning land or trading properties. In addition, violators will be recorded on a list, and financial institutions will refer to that when lending or granting access to foreign exchange. Names will be posted on a government website. "This is an unprecedented regulation on IP violation in terms of the scope of the ministries and severity of the punishment," said Xu Xinming, a researcher at the Center for Intellectual Property Studies at China University of Political Science and Law. The newly announced punishments are "a security net of IP protection" targeting repeat offenders and other individuals who aren't in compliance with the law, he said.

Read more of this story at Slashdot.

Quora Data Breach Exposes 100 Million Users' Personal Info

Slashdot - Your Rights Online - Śr, 2018-12-05 00:40
schwit1 shares a report from CBS News: Information sharing website Quora has announced a data breach which has exposed "approximately 100 million users'" personal data. The company said in a statement released Monday that it discovered the "unauthorized access to one of our systems by a malicious third party," on Friday. Chief Executive Adam D'Angelo wrote in the blog post that Quora had alerted law enforcement authorities and was "working rapidly to investigate the situation further and take the appropriate steps to prevent such incidents in the future." D'Angelo said Quora was working to alert the affected users of the site, whose names, email addresses and encrypted passwords, and public content such as their questions, answers and comments, were exposed through the breach. Those users would be required to reset their passwords, D'Angelo said.

Read more of this story at Slashdot.

Marriott's Breach Response Is So Bad, Security Experts Are Filling In the Gaps

Slashdot - Your Rights Online - Wt, 2018-12-04 13:00
An anonymous reader quotes a report from TechCrunch: Last Friday, Marriott sent out millions of emails warning of a massive data breach -- some 500 million guest reservations had been stolen from its Starwood database. One problem: the email sender's domain didn't look like it came from Marriott at all. Marriott sent its notification email from "email-marriott.com," which is registered to a third party firm, CSC, on behalf of the hotel chain giant. But there was little else to suggest the email was at all legitimate -- the domain doesn't load or have an identifying HTTPS certificate. In fact, there's no easy way to check that the domain is real, except a buried note on Marriott's data breach notification site that confirms the domain as legitimate. But what makes matters worse is that the email is easily spoofable. Many others have sounded the alarm on Marriott's lackluster data breach response. Security expert Troy Hunt, who founded data breach notification site Have I Been Pwned, posted a long tweet thread on the hotel chain giant's use of the problematic domain. As it happens, the domain dates back at least to the start of this year when Marriott used the domain to ask its users to update their passwords. Williams isn't the only one who's resorted to defending Marriott customers from cybercriminals. Nick Carr, who works at security giant FireEye, registered the similarly named "email-mariott.com" on the day of the Marriott breach. "Please watch where you click," he wrote on the site. "Hopefully this is one less site used to confuse victims." Had Marriott just sent the email from its own domain, it wouldn't be an issue.

Read more of this story at Slashdot.

Sci-Hub 'Pirate Bay of Science' Blocked In Russia Over Medical Studies

Slashdot - Your Rights Online - Wt, 2018-12-04 09:00
UK academic publisher Springer Nature has filed a complaint against Sci-Hub, a site that provides open access to scientific research papers. "The Moscow City Court was told that Sci-Hub is infringing the company's copyrights and should, therefore, be subjected to blocking," reports TorrentFreak. "Listing 'bulletproof' hosting company Quasi Networks and U.S.-based CloudFlare as facilitating access to the site, Springer Nature complained that three specific works were being made available illegally by Sci-Hub." From the report: As the above table obtained from the Court shows, the research papers cover topics of interest to the medical community in the spheres of heart and brain health -- Effect of glucose-lowering therapies on heart failure, Nitric oxide signaling in cardiovascular health and disease, and Lactate in the brain: from metabolic end-product to signaling molecule. These would ordinarily sit behind paywalls but thanks to Sci-Hub, their contents are available for everyone to absorb for free. It's a situation that's unacceptable to Springer Nature and the Moscow City Court was sympathetic to the company's complaints. As a result, several Sci-Hub and Library Genesis domains (gen.lib.rus.ec, www.libgen.io, scihub.unblocked.gdn, lgmag.org, libgen.unblocked.gdn, sci-hub.tw and libgen.io) are now being rendered inaccessible by Russian Internet Service Providers.

Read more of this story at Slashdot.

Trump Administration Wants To End Subsidies For Electric Cars, Renewables

Slashdot - Your Rights Online - Wt, 2018-12-04 02:45
White House economic adviser Larry Kudlow said on Monday that the United States wants to end subsidies for electric cars and other items including renewable energy sources. "Asked about actions planned after General Motors announced U.S. plant closings and layoffs last week, Kudlow said he expected subsidies for buying electric cars will end in 2020 or 2021," reports Reuters. "Kudlow said the Trump administration will end other subsidies, including on 'renewables.'"

Read more of this story at Slashdot.

Search Engine DuckDuckGo Removes 'Pirate' Site Bangs To Avoid Liability

Slashdot - Your Rights Online - Wt, 2018-12-04 01:20
DuckDuckGo, a privacy-focused search engine, offers a variety of useful features such as instant answers and bangs. The latter are particularly useful for people who want to use DuckDuckGo to search directly on other sites. Typing '!yt keyword', for instance, will do a direct search on YouTube, while '!w keyword' goes to Wikipedia. This library of bangs has been around for a long time and has grown to more than 10,000 over the years. From a report: However, a few days ago, roughly 2,000 of these were removed. Interestingly, this included many bangs that link to torrent sites, such as The Pirate Bay, 1337x and RARBG. Similarly, bangs for OpenSubtitles, Sci-Hub and LibGen are gone too. Initially, it was unclear what had happened, but after people started asking questions on Reddit, DuckDuckGo staff explained that this was part of a larger cleanup operation. DuckDuckGo went through its bangs library and removed all non-working versions, as well as verbose ones that were not actively used. In addition, many pirate site bangs were deleted as these are no longer"permitted." "Bangs had been neglected for some time, and there were tons of broken ones. As part of the bang clean-up, we also removed some that were pointing to primarily illegal content," DuckDuckGo staffer Tagawa explains. The search engine still indexes the sites in question but it feels that offering curated search shortcuts for these sites in their service might cause problems. "It may not seem like so at first blush, but it is very different legally if it is a bang vs. in the search results because the bangs are added to the product by us explicitly, and can be interpreted legally as an editorial decision that is actively facilitating that site and its content," the staff wrote.

Read more of this story at Slashdot.

Tumblr Will Ban All Adult Content On December 17th

Slashdot - Your Rights Online - Pn, 2018-12-03 23:20
Tumblr, the underground social media site known for its pornographic content and tight-knit community, will be instituting a major change to its guidelines in a couple of weeks. The company said in a blog post today that it will permanently ban adult content from its platform on December 17th. The company flatly stated that "adult content will no longer be allowed here." The Verge reports: Banned content includes photos, videos, and GIFs of human genitalia, female-presenting nipples, and any media involving sex acts, including illustrations. The exceptions include nude classical statues and political protests that feature nudity. The new guidelines exclude text, so erotica remains permitted. Illustrations and art that feature nudity are still okay -- so long as sex acts aren't depicted -- and so are breastfeeding and after-birth photos. After December 17th, any explicit posts will be flagged and deleted by algorithms. For now, Tumblr is emailing users who have posted adult content flagged by algorithms and notifying them that their content will soon be hidden from view. Posts with porn content will be set to private, which will prevent them from being reblogged or shared elsewhere in the Tumblr community. "Blogs that have been either self-flagged or flagged by us as 'explicit' per our old policy and before December 17, 2018 will still be overlaid with a content filter when viewing these blogs directly," the blog post reads. "While some of the content on these blogs may now be in violation of our policies and will be actioned accordingly, the blog owners may choose to post content that is within our policies in the future, so we'd like to provide that option..."

Read more of this story at Slashdot.

Prison Inmates Catfished $560,000 Out of Military Service Members in Sextortion Scam, NCIS Says

Slashdot - Your Rights Online - Pn, 2018-12-03 02:20
Hundreds of military service members reportedly got caught up in a sextortion scam run by prison inmates using cellphones, according to a release issued by the Naval Criminal Investigative Service (NCIS). From a report: Military agents from multiple criminal investigation groups have served summons and issued warrants for arrests related to the scheme. According to the NCIS, South Carolina and North Carolina prison inmates, assisted by outside accomplices, sought out service members through dating sites and social media, then took on false identities, feigned romantic interest, and exchanged photos. Once the inmates had successfully catfished their targets, they would then pose as the father of the fake persona, insisting their child was underage and that the target had therefore committed a crime by exchanging photos. In some situations, the "father" claimed he wouldn't press charges if the target gave him money. Sometimes the catfisher would pose as law enforcement requesting money for the family.

Read more of this story at Slashdot.

SKY Brasil Exposes 32 Million Customer Records

Slashdot - Your Rights Online - N, 2018-12-02 21:19
Independent security researcher Fabio Castro found data belonging to 32 million customers of SKY Brasil exposed online. "Using the advanced features of the Shodan search engine, he was able to discover multiple servers in Brazil running Elasticsearch that made information available without authentication," reports BleepingComputer. "A cluster of servers called 'digital-logs-prd' attracted the researcher's attention and with a simple command, he listed the indices available, one of them 429.1GB in size." From the report: The file included personally identifiable information of SKY Brasil customers, which featured full name, email address, service login password, client IP address, payment methods, phone number, and street address. SKY Brasil is a telecommunications company that also offers television services, being the second largest provider of pay-TV services in the country, according to statistics from March. In a conversation with BleepingComputer, Castro said that he reported his findings to the company who fixed the problem by restricting access with a password, an operation that takes just a few minutes. Because the server has been exposed for a long time, the protective measure may have come too late. Castro told us that it is very possible that criminals have already grabbed the data.

Read more of this story at Slashdot.

Law Enforcement Use of Face Recognition Systems Threatens Civil Liberties, Disproportionately Affects People of Color: EFF Report

Electronic Frontier Foundation - Cz, 2018-02-15 17:45

San Francisco, California—Face recognition—fast becoming law enforcement’s surveillance tool of choice—is being implemented with little oversight or privacy protections, leading to faulty systems that will disproportionately impact people of color and may implicate innocent people for crimes they didn’t commit, says an Electronic Frontier Foundation (EFF) report released today.

Face recognition is rapidly creeping into modern life, and face recognition systems will one day be capable of capturing the faces of people, often without their knowledge, walking down the street, entering stores, standing in line at the airport, attending sporting events, driving their cars, and utilizing public spaces. Researchers at the Georgetown Law School estimated that one in every two American adults—117 million people—are already in law enforcement face recognition systems.

This kind of surveillance will have a chilling effect on Americans’ willingness to exercise their rights to speak out and be politically engaged, the report says. Law enforcement has already used face recognition at political protests, and may soon use face recognition with body-worn cameras, to identify people in the dark, and to project what someone might look like from a police sketch or even a small sample of DNA.

Face recognition employs computer algorithms to pick out details about a person’s face from a photo or video to form a template. As the report explains, police use face recognition to identify unknown suspects by comparing their photos to images stored in databases and to scan public spaces to try to find specific pre-identified targets.

But no face recognition system is 100 percent accurate, and false positives—when a person’s face is incorrectly matched to a template image—are common. Research shows that face recognition misidentifies African Americans and ethnic minorities, young people, and women at higher rates than whites, older people, and men, respectively. And because of well-documented racially biased police practices, all criminal databases—including mugshot databases—include a disproportionate number of African-Americans, Latinos, and immigrants.

For both reasons, inaccuracies in face recognition systems will disproportionately affect people of color.

“The FBI, which has access to at least 400 million images and is the central source for facial recognition identification for federal, state, and local law enforcement agencies, has failed to address the problem of false positives and inaccurate results,” said EFF Senior Staff Attorney Jennifer Lynch, author of the report. “It has conducted few tests to ensure accuracy and has done nothing to ensure its external partners—federal and state agencies—are not using face recognition in ways that allow innocent people to be identified as criminal suspects.”

Lawmakers, regulators, and policy makers should take steps now to limit face recognition collection and subject it to independent oversight, the report says. Legislation is needed to place meaningful checks on government use of face recognition, including rules limiting retention and sharing, requiring notification when face prints are collected, ensuring robust security procedures to prevent data breaches, and establishing legal processes governing when law enforcement may collect face images from the public without their knowledge, the report concludes.

“People should not have to worry that they may be falsely accused of a crime because an algorithm mistakenly matched their photo to a suspect. They shouldn’t have to worry that their data will end up in the hands of identity thieves because face recognition databases were breached. They shouldn’t have to fear that their every move will be tracked if face recognition is linked to the networks of surveillance cameras that blanket many cities,” said Lynch. “Without meaningful legal protections, this is where we may be headed.”

For the report:

Online version: https://www.eff.org/wp/law-enforcement-use-face-recognition

PDF version: https://www.eff.org/files/2018/02/15/face-off-report-1b.pdf

One pager on facial recognition: https://www.eff.org/document/facial-recognition-one-pager

Contact: Jennifer Lynch

Catalog of Missing Devices Illustrates Gadgets that Could and Should Exist

Electronic Frontier Foundation - Pt, 2018-02-02 01:43

San Francisco - The Electronic Frontier Foundation (EFF) has launched its “Catalog of Missing Devices”—a project that illustrates the gadgets that could and should exist, if not for bad copyright laws that prevent innovators from creating the cool new tools that could enrich our lives.

“The law that is supposed to restrict copying has instead been misused to crack down on competition, strangling a future’s worth of gadgets in their cradles,” said EFF Special Advisor Cory Doctorow. “But it’s hard to notice what isn’t there. We’re aiming to fix that with this Catalog of Missing Devices. It’s a collection of tools, services, and products that could have been, and should have been, but never were.”

The damage comes from Section 1201 of the Digital Millennium Copyright Act (DMCA 1201), which covers digital rights management software (DRM). DRM was designed to block software counterfeiting and other illegal copying, and Section 1201 bans DRM circumvention. However, businesses quickly learned that by employing DRM they could thwart honest competitors from creating inter-operative tools.

Right now, that means you could be breaking the law just by doing something as simple as repairing your car on your own, without the vehicle-maker’s pricey tool. Other examples include rightsholders forcing you to buy additional copies of movies you want to watch on your phone—instead of allowing you to rip the DVD you already own and are entitled to watch—or manufacturers blocking your printer from using anything but their official ink cartridges.

But that’s just the beginning of what consumers are missing. The Catalog of Missing Devices imagines things like music software that tailors your listening to what you are reading on your audiobook, or a gadget that lets parents reprogram talking toys to replace canned, meaningless messaging.

“Computers aren’t just on our desktops or in our pockets—they are everywhere, and so is the software that runs them,” said EFF Legal Director Corynne McSherry. “We need to fix the laws that choke off competition and innovation with no corresponding benefit.”

The Catalog of Missing Devices is part of EFF’s Apollo 1201 project, dedicated to eradicating all DRM from the world. A key step is eliminating laws like DMCA 1201, as well as the international versions of this legislation that the U.S. has convinced its trading partners to adopt.

For the Catalog of Missing Devices:
https://www.eff.org/missing-devices

Contact: Cory DoctorowCorynne McSherry

EFF and ACLU Ask Court to Allow Legal Challenge to Proceed Against Warrantless Searches of Travelers’ Smartphones, Laptops

Electronic Frontier Foundation - Pt, 2018-01-26 23:38

Boston, Massachusetts—The Electronic Frontier Foundation (EFF) and the American Civil Liberties Union (ACLU) urged a federal judge today to reject the Department of Homeland Security’s attempt to dismiss an important lawsuit challenging DHS’s policy of searching and confiscating, without suspicion or warrant, travelers’ electronic devices at U.S. borders.

EFF and ACLU represent 11 travelers—10 U.S. citizens and one lawful permanent resident—whose smartphones and laptops were searched without warrants at the U.S. border in a groundbreaking lawsuit filed in September. The case, Alasaad v. Nielsen, asks the court to rule that the government must have a warrant based on probable cause before conducting searches of electronic devices, which contain highly detailed personal information about people’s lives. The case also argues that the government must have probable cause to confiscate a traveler’s device.

The plaintiffs in the case include a military veteran, journalists, students, an artist, a NASA engineer, and a business owner. The government seeks dismissal, saying the plaintiffs don’t have the right to bring the lawsuit and the Fourth Amendment doesn’t apply to border searches. Both claims are wrong, the EFF and ACLU explain in a brief filed today in federal court in Boston.

First, the plaintiffs have “standing” to seek a court order to end unconstitutional border device searches because they face a substantial risk of having their devices searched again. This means they are the right parties to bring this case and should be able to proceed to the merits. Four plaintiffs already have had their devices searched multiple times.

Immigration and Customs Enforcement (ICE) policy allows border agents to search and confiscate anyone’s smartphone for any reason or for no reason at all. Customs and Border Protection (CBP) policy allows border device searches without a warrant or probable cause, and usually without even reasonable suspicion. Last year, CBP conducted more than 30,000 border device searches, more than triple the number just two years earlier.

“Our clients are travelers from all walks of life. The government policies that invaded their privacy in the past are enforced every day at airports and border crossings around the country,” said EFF Staff Attorney Sophia Cope. “Because the plaintiffs face being searched in the future, they have the right to proceed with said Cope.

Second, the plaintiffs argue that the Fourth Amendment requires border officers to get a warrant before searching a traveler’s electronic device. This follows from the Supreme Court’s 2014 decision in Riley v. California requiring that police officers get a warrant before searching an arrestee’s cell phone. The court explained that cell phones contain the “privacies of life”—a uniquely large and varied amount of highly sensitive information, including emails, photos, and medical records. This is equally true for international travelers, the vast majority of whom are not suspected of any crime. Warrantless border device searches also violate the First Amendment, because they chill freedom of speech and association by allowing the government to view people’s contacts, communications, and reading material.

“Searches of electronic devices at the border are increasing rapidly, causing greater numbers of people to have their constitutional rights violated,” said ACLU attorney Esha Bhandari. “Device searches can give border officers unfettered access to vast amounts of private information about our lives, and they are unconstitutional absent a warrant.”

Below is a full list of the plaintiffs along with links to their individual stories, which are also collected here:

  • Ghassan and Nadia Alasaad are a married couple who live in Massachusetts, where he is a limousine driver and she is a nursing student.
  • Suhaib Allababidi, who lives in Texas, owns and operates a business that sells security technology, including to federal government clients.
  • Sidd Bikkannavar is an optical engineer for NASA’s Jet Propulsion Laboratory in California.
  • Diane Maye is a college professor and former captain in the U. S. Air Force living in Florida.
  • Zainab Merchant, from Florida, is a writer and a graduate student in international security and journalism at Harvard.

For the brief:
https://www.eff.org/document/alasaad-v-nielsen-opposition-motion-dismiss

For more EFF information on this case:
https://www.eff.org/cases/alasaad-v-duke 

For more ACLU information on this case:
https://www.aclu.org/news/aclu-eff-sue-over-warrantless-phone-and-laptop-searches-us-border

For more on privacy at the border:
https://www.eff.org/wp/digital-privacy-us-border-2017

Contact: Sophia CopeAdam SchwartzJosh Bell

EFF Asks Ninth Circuit Appeals Court To Strengthen Privacy Protections Of Smart Phones At The Border

Electronic Frontier Foundation - So, 2018-01-20 01:20

San Diego, California—The Electronic Frontier Foundation (EFF) urged the U.S. Ninth Circuit Court of Appeals to further limit the government’s ability to conduct highly intrusive searches of electronic devices at the border by requiring federal agents to obtain a warrant if they want to access the contents of travelers’ phones.

“The Ninth Circuit four years ago issued an important ruling requiring officials to show they have reasonable suspicion of criminal activity to forensically search digital devices. While that was an improvement over the government’s prior practice of conducting suspicionless searches, the court didn’t go far enough,” said EFF Staff Attorney Sophia Cope. “We are now asking the Ninth Circuit to bar warrantless device searches at the border.”

“Our electronic devices contain texts, emails, photos, contact lists, work documents, and other communications that reveal intimate details of our private lives. Our privacy interests in this material is tremendous. Requiring a warrant is a critical step in making sure our Fourth Amendment protections survive into the digital age,” said Cope.

The Ninth Circuit is being asked to throw out evidence obtained through a warrantless forensic search of the defendant’s cell phone at the U.S.-Mexico border in southern California. The case, U.S. v. Cano, is a drug prosecution and the first before the Ninth Circuit since the U.S. Supreme Court ruled that because devices hold “the privacies of life,” police need a warrant to search the phones of people who are arrested.

In an amicus brief filed today in U.S. v. Cano, EFF urged the court to recognize that people traveling through our international borders deserve the same privacy protections that the Supreme Court has extended to arrestees. The Ninth Circuit’s rulings apply to states in the west and southwest, several of whom share borders with Mexico and Canada,

Warrantless border searches of luggage have been allowed under an exception to the Fourth Amendment for routine immigration and customs enforcement. But since digital devices provide so much more highly personal, private information than what is traditionally carried in a suitcase, agents should be required to show a judge that they have probable cause to believe that the device contains evidence of a violation of the immigration or customs laws, EFF said in the brief.

Digital device searches at the border have more than tripled since the inauguration of President Trump. This increase, along with the increasing number of people who carry these devices while traveling, has highlighted the need for stronger privacy rights while crossing the U.S. border. Last year, EFF and ACLU filed a lawsuit in Boston against the federal government on behalf of 11 travelers whose smartphones and other electronic devices were searched without a warrant at the U.S. border.

“Digital devices differ wildly from luggage and other physical items a person carries across the border,” said EFF Senior Staff Attorney Adam Schwartz. “Now is the time to apply the full force of constitutional privacy protections to digital devices.”

For the brief:
https://www.eff.org/document/eff-amicus-brief-us-v-cano

For more on privacy at the border:
https://www.eff.org/wp/digital-privacy-us-border-2017

Contact: Sophia CopeAdam Schwartz

EFF to Court: Linking Is Not Copyright Infringement

Electronic Frontier Foundation - Cz, 2018-01-18 19:58

Los Angeles, California—Playboy Entertainment's lawsuit accusing acclaimed website Boing Boing of copyright infringement—for doing nothing more than reporting on a historical collection of Playboy centerfolds—is groundless and should be thrown out, the Electronic Frontier Foundation (EFF) told a federal court today.

As EFF and co-counsel Durie Tangri LLP explain in a request to dismiss the lawsuit filed on behalf of Boing Boing owner Happy Mutants LLC, Playboy’s copyright claim seeks to punish Boing Boing for commenting on and linking to an archive of Playboy “playmate” centerfold images that a third party posted. The blog contained links to an imgur.com page and YouTube video—neither of which were created by Boing Boing. But courts have long recognized that simply linking to content on the web isn’t unlawful.

“Boing Boing didn’t upload, publish, host, or store any images that Playboy owns, didn’t control the images, and didn’t contribute to the infringement of any Playboy copyrights,” said EFF Legal Director Corynne McSherry. “It’s frankly mystifying that an entertainment company that has often fought to defend free speech rights  is trying to punish Boing Boing for doing what has made it a leading online source of news and commentary: unique and groundbreaking reporting on art, science, and popular culture.”

“Boing Boing’s reporting and commenting on the Playboy photos is protected by copyright’s fair use doctrine,” said EFF Senior Staff Attorney Daniel Nazer. “We’re asking the court to dismiss this deeply flawed lawsuit. Journalists, scientists, researchers, and everyday people on the web have the right to link to material, even copyrighted material, without having to worry about getting sued.”

For the brief:
https://www.eff.org/document/playboy-v-happy-mutants-eff-mtd

For more on fair use:
https://www.eff.org/issues/intellectual-property

Contact: Corynne McSherryDaniel Nazer

EFF and Lookout Uncover New Malware Espionage Campaign Infecting Thousands Around the World

Electronic Frontier Foundation - Cz, 2018-01-18 18:15

San Francisco – The Electronic Frontier Foundation (EFF) and mobile security company Lookout have uncovered a new malware espionage campaign infecting thousands of people in more than 20 countries. Hundreds of gigabytes of data has been stolen, primarily through mobile devices compromised by fake secure messaging clients.

The trojanized apps, including Signal and WhatsApp, function like the legitimate apps and send and receive messages normally. However, the fake apps also allow the attackers to take photos, retrieve location information, capture audio, and more.

The threat, called Dark Caracal by EFF and Lookout researchers, may be a nation-state actor and appears to employ shared infrastructure which has been linked to other nation-state actors. In a new report, EFF and Lookout trace Dark Caracal to a building belonging to the Lebanese General Security Directorate in Beirut.

“People in the U.S., Canada, Germany, Lebanon, and France have been hit by Dark Caracal. Targets include military personnel, activists, journalists, and lawyers, and the types of stolen data range from call records and audio recordings to documents and photos,” said EFF Director of Cybersecurity Eva Galperin. “This is a very large, global campaign, focused on mobile devices. Mobile is the future of spying, because phones are full of so much data about a person’s day-to-day life.”

“Dark Caracal is part of a trend we’ve seen mounting over the past year whereby traditional APT actors are moving toward using mobile as a primary target platform,” said Mike Murray, Vice President of Security Intelligence at Lookout. “The Android threat we identified, as used by Dark Caracal, is one of the first globally active mobile APTs we have spoken publicly about.”

Dark Caracal has been operating since at least 2012. However, one reason it has been hard to track is the diversity of seemingly unrelated espionage campaigns originating from the same domain names. The researchers believe that Dark Caracal is only one of a number of different global attackers using this infrastructure. Over the years, Dark Caracal’s work has been repeatedly misattributed to other cybercrime groups. In fact, EFF’s Operation Manul report from 2016 misidentified espionage from these servers as coming from the Indian security company Appin.

“One of the interesting things about this ongoing attack is that it doesn’t require a sophisticated or expensive exploit. Instead, all Dark Caracal needed was application permissions that users themselves granted when they downloaded the apps, not realizing that they contained malware,” said EFF Staff Technologist Cooper Quintin. “This research shows it’s not difficult to create a strategy allowing people and governments to spy on targets around the world.”

For the full report:
https://www.lookout.com/info/ds-dark-caracal-ty

For more on Dark Caracal:
https://blog.lookout.com/dark-caracal-mobile-APT

For more on how to avoid downloading malware:
https://ssd.eff.org/en/module/how-avoid-phishing-attacks

Contact: Eva GalperinCooper Quintin

EFF Asks Copyright Office to Improve Exemptions to the Digital Millennium Copyright Act

Electronic Frontier Foundation - Wt, 2017-12-19 00:57

Washington, D.C.—The Electronic Frontier Foundation (EFF) asked the Librarian of Congress today to limit the legal barriers people face when they want to repair and modify software-enabled products, so that they—not manufacturers— control the appliances, computers, toys, vehicles, and other products they own.

In comments filed in Washington D.C. today, EFF continued its years-long fight to enable owners and creators to repair, modify, and enhance products, or use snippets of films or songs, free of onerous threats that doing so somehow infringes companies' copyrights. Software-enabled devices and Internet-connected products and appliances are ubiquitous in modern life, and people aren't infringing anyone's copyright when, for example, they choose to permanently disable the embedded, on-all-the-time camera or microphone in their kids' toys, or send their car to their favorite mechanic, rather than high-priced dealerships, to be repaired.

“It’s absurd that a law intended to protect copyrighted works is misused instead to prevent people from taking apart or modifying the things they own, inhibit scientists and researches from investigating safety features or security enhancements, and block artists and educators from using snippets of film in noncommercial ways," said EFF Legal Director Corynne McSherry. "The exemption process is one highly flawed way of alleviating that burden."

“We rely on the devices in our lives to learn and communicate, to keep us safe and get things done,” said EFF Staff Attorney Kit Walsh. “These devices should work for us and embody our preferences, not the commercial desires of their manufacturers. We, the users of these devices, should be able to decide how they affect our  lives and how we can improve and adapt them. That’s how we ensure that technology enhances our freedoms rather than undermining them.”

This year EFF petitioned the Librarian to exempt from Section 1201 of the Digital Millennium Copyright Act (DMCA) all modifications and repairs of software-enabled devices that don’t infringe copyrights. It’s also seeking exemptions that will allow people to tinker with smart speakers and digital home assistants such as Amazon Echo and Google Home. EFF is also seeking one clear, easier-to-use exemption for video excerpts that would allow educators, libraries, documentary filmmakers, remix artists, and others to use video snippets without fear of legal repercussions by copyright owners. The Librarian implements the exemption recommendations of the Copyright Office.

“Our approach is simple: we are seeking to expand the types of activities that should be exempt from Section 1201 of the DMCA to encompass repairs, modifications, enhancements, and innovations that don’t infringe copyright,” said EFF Senior Staff Attorney Mitch Stoltz. “We shouldn’t have to seek exemptions for things copyright law already allows. Instead, there should be a general rule that allows people to circumvent digital locks to do any non-infringing activity.”

For EFF’s comments:
https://www.eff.org/document/eff-1201-exemption-comments-2017-computer-program-repairs
https://www.eff.org/document/eff-1201-exemption-comments-2017-jailbreaking-0
https://www.eff.org/document/eff-1201-exemption-comments-2017-video-0
https://www.eff.org/document/huang-1201-exemption-comments-2017
https://www.eff.org/document/green-1201-exemption-comments-2017

For more on the Section 1201 exemption process:
https://www.eff.org/cases/2018-dmca-rulemaking

For more on the unintended consequences of Section 1201 of the DMCA:
https://www.eff.org/issues/dmca
https://www.eff.org/issues/dmca-rulemaking

 

Contact: Corynne McSherryKit WalshMitch Stoltz

EFF Demands Information About Secretive Government Tattoo Recognition Technology

Electronic Frontier Foundation - Cz, 2017-11-30 20:05

Washington, D.C. - The Electronic Frontier Foundation (EFF) filed suit against the Department of Justice, the Department of Commerce, and the Department of Homeland Security today, demanding records about the agencies’ work on the federal Tattoo Recognition Technology program.

This secretive program involves a coalition of government, academia, and private industry working to develop a series of algorithms that would rapidly detect tattoos, identify people via their tattoos, and match people with others who have similar body art—as well as flagging tattoos believed to be connected to religious and ethnic symbols. This type of surveillance raises profound religious, speech, and privacy concerns. Moreover, the limited information that EFF has been able to obtain about the program has already revealed a range of potentially unethical behavior, including conducting research on prisoners without approval, adequate oversight, or safeguards.

EFF filed a series of Freedom of Information Act (FOIA) requests for more information about the Tattoo Recognition Technology program, which is a National Institute of Standards and Technology (NIST) project sponsored by the FBI, beginning in January of 2016. Although the agencies released some records, they withheld others, and heavily redacted some of the documents they released. As a result, EFF is going to court today against DHS, DOJ, and NIST's parent agency, the Commerce Department, to make sure this important information is released to the public.

“These new automated tattoo recognition tools raise serious constitutional concerns,” said EFF Stanton Fellow Camille Fischer. “Tattoos have served as an expression of the self for thousands of years, and can represent our innermost thoughts, closely held beliefs, and significant moments. If law enforcement is creating a detailed database of tattoos, we have to make sure that everyone’s rights to freedom of expression are protected.”

One big danger of this surveillance is that it can create First Amendment freedom of association concerns when people are matched with others who have similar tattoos—sometimes incorrectly. For example, someone who wears a Star of David tattoo could be confused with a member of a Chicago street gang whose members also wear six-pointed-star tattoos. Recently, an immigrant was fast-tracked for deportation because immigration officials claimed he had a gang tattoo. The immigrant argued that the tattoo signified his place of birth.

“Federal researchers say they want to ‘crack the code’ of tattoos and speech, creating a powerful program that will encourage police to make assumptions about tattoo-wearers,” said EFF Staff Attorney Aaron Mackey. “But the reality is that body art is much more complex than that. The government must disclose more about this program so we can ensure that it doesn’t violate our rights.”

For the full lawsuit:
https://www.eff.org/document/tattoo-complaint

For more on tattoo recognition technology:
https://www.eff.org/deeplinks/2016/06/tattoo-recognition-research-threatens-free-speech-and-privacy
https://www.eff.org/deeplinks/2016/05/5-ways-law-enforcement-will-use-tattoo-recognition-technology

Contact: Camille FischerAaron MackeyDave Maass