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Trump Suggests US Could Slap 10 Percent Tax On iPhones, Laptops From China

Slashdot - Your Rights Online - Wt, 2018-11-27 05:30
An anonymous reader quotes a report from CNBC: President Donald Trump suggested he could place a 10 percent tariff on iPhones and laptops imported from China, in an interview with the Wall Street Journal published Monday. He also said it's "highly unlikely" that he would delay an increase in tariffs from 10 percent to 25 percent on Jan. 1, just four days before a summit with Chinese President Xi Jinping. "Maybe. Maybe. Depends on what the rate is," the president said to The Wall Street Journal about the possible iPhone and laptop tariffs. "I mean, I can make it 10 percent, and people could stand that very easily."

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IBM CEO Joins Apple In Blasting Data use By Silicon Valley Firms

Slashdot - Your Rights Online - Wt, 2018-11-27 03:50
IBM CEO Ginni Rometty joined a growing chorus of tech executives lambasting web platforms, like Google and Facebook, over their collection of user data and urged governments to target regulation at those companies. Bloomberg reports: Without naming company names, Rometty pointed to the "irresponsible handling of personal data by a few dominant consumer-facing platform companies" as the cause of a "trust crisis" between users and tech companies, according to an advanced copy of her remarks. Rometty's comments, given at a Brussels event with top EU officials Monday, echoed recent statements by Apple CEO Tim Cook, who in October slammed Silicon Valley rivals over their use of data, equating their services to "surveillance." IBM meanwhile has seen revenue decline since Rometty took the CEO role in 2012, largely due to falling sales in existing hardware, software and services offerings. She has since been trying to steer IBM toward more modern businesses, such as the cloud, artificial intelligence, and security software. Seeking to separate IBM -- which operates primarily at a business-to-business level -- from the troubled tech companies, Rometty said governments should target regulation at consumer-facing web platforms, like social media firms and search engines. In particular, Rometty pushed for more measures around the transparency of artificial intelligence as well as controversial rules around platform liability.

Read more of this story at Slashdot.

The FBI Created a Fake FedEx Website To Unmask a Cybercriminal

Slashdot - Your Rights Online - Wt, 2018-11-27 02:30
In an attempt to catch two cybercriminals, the FBI set up a fake FedEx website and created rigged Word documents, "both of which were designed to reveal the IP address of the fraudsters," reports Motherboard. From the report: The first case centers around Gorbel, a cranes and ergonomic lifting manufacturing company headquartered in Fishers, New York, according to court records. Here, the cybercriminals used a long, potentially confusing and official looking email address to pose as the company's CEO Brian Reh, and emailed the accounts team asking for payment for a new vendor. The fraudsters provided a W9 form of a particular company, and the finance department mailed a check for over $82,000. Gorbel noticed the fraudulent transaction, and brought in the FBI in July. Shortly after, Gorbel received other emails pretending to be Reh, asking for another transfer. This time, the finance department and FBI were ready. The FBI created a fake FedEx website and sent that to the target, in the hope it would capture the hacker's IP address, according to court records. The FBI even concocted a fake "Access Denied, This website does not allow proxy connections" page in order to entice the cybercriminal to connect from an identifiable address. That FedEx unmasking attempt was not successful, it seems -- the cybercriminal checked the link from six different IP addresses, some including proxies -- and the FBI moved on to use a network investigative technique, or NIT, instead. NIT is an umbrella term the FBI uses for a variety of hacking approaches. The FBI attempted to locate the cybercriminals with a Word document containing an image that would connect to the FBI server and reveal the target's IP address, according to court records. The image was a screenshot of a FedEx tracking portal for a sent payment, the court records add. Motherboard also details the second case that occurred in August 2017, where a business in the Western District of New York received an email claiming to be from Invermar, a Chilean seafood vendor and one of the company's suppliers, according to court records: This email, posing as a known employee of Invermar, asked the victim to send funds to a new bank account. Whereas the legitimate Invermar domain ends with a .cl suffix, the hackers used one ending in .us. The business the hackers targeted apparently didn't notice the different suffix, and over the course of September and October wire transferred around $1.2 million to the cybercriminals, with the victim eventually able to recover $300,000 (the court documents don't specify how exactly, although a charge back seems likely). To determine where this criminal was located, the FBI also decided to deploy a NIT. "The FBI will provide an email attachment to the victim which will be used to pose as a form to be filled out by the TARGET USER for future payment from the VICTIM," one court record reads. The NIT required the target to exit "protected mode," a setting in Microsoft Word that stops documents from connecting to the internet. The warrant application says the government does not believe it needs a warrant to send a target an embedded image, but out of an abundance of caution, added to the fact that the target will need to deliberately exit protected mode, the FBI applied for one anyway. Both NITs were designed to only obtain a target's IP address and User Agent String, according to the warrant applications. A User Agent String can reveal what operating system a target is using. Although signed by two different FBI Special Agents, both of the NIT warrant applications come out of the Cyber Squad, Buffalo Division, in Rochester, New York.

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Lawmakers Introduce Bill To Stop Bots From Ruining Holiday Shopping

Slashdot - Your Rights Online - Wt, 2018-11-27 00:30
Democrats have proposed the "Stopping Grinch Bots Act" to make it illegal to use bots to shop online and also outlaw reselling items purchased by bots. "Lawmakers label them 'Grinch' bots because, during the holiday season, resellers use them to buy inventory of highly coveted toys that can be resold at highly inflated prices," reports CNET. "Often times, these bots are so quick that they can purchase entire stocks of items before people can even add them to their carts." From the report: Sens. Tom Udall, Richard Blumenthal and Chuck Schumer along with Rep. Paul Tonko made the announcement on Black Friday. While the proposed legislation is focused around the holiday season and toys, the Grinch Bots act would apply to all retailers online. Toys aren't the only items that resellers online send swarms of bots to. Security researchers noted that bots designed to buy rare sneakers are a persistent issue, as developers will create AI to buy shoes from companies like Nike and Adidas as quickly as possible. The proposed bill leaves it open for security researchers to use bots on retailer websites to find vulnerabilities. "Middle class folks save up -- a little here, a little there -- working to afford the hottest gifts of the season for their kids but ever-changing technology and its challenges are making that very difficult. It's time we help restore an even playing field by blocking the bots," said Schumer, a Democrat from New York, in a statement.

Read more of this story at Slashdot.

US Top Court Leans Toward Allowing Apple App Store Antitrust Suit

Slashdot - Your Rights Online - Pn, 2018-11-26 19:58
U.S. Supreme Court justices on Monday appeared open to letting a lawsuit proceed against Apple that accused it of breaking federal antitrust laws by monopolizing the market for iPhone software applications and causing consumers to overpay. From a report: The nine justices heard an hour of arguments in an appeal by the Cupertino, California-based technology company of a lower court's decision to revive the proposed class-action lawsuit filed in federal court in California in 2011 by a group of iPhone users seeking monetary damages. The lawsuit said Apple violated federal antitrust laws by requiring apps to be sold through the company's App Store and then taking a 30 percent commission from the purchases. The case may hinge on how the justices will apply one of its past decisions to the claims against Apple. That 1977 ruling limited damages for anti-competitive conduct to those directly overcharged rather than indirect victims who paid an overcharge passed on by others.

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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