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This week in , the latest NSA leak showed that the agency grabbed data on 70 million French phone calls in less than 30 days , leading James Clapper to play word games in issuing a denial , while the White House was trying to assuage Angela Merkel with a dodgy promise that they are not and will not monitor her phone calls no word on the past, though.
Government officials were continuing their long history of calling journalists traitors for reporting on the leaks, while Keith Alexander said the government needs to find a way to stop them.
And Dianne Feinstein was trying to paint metadata gathering as not true surveillance , garnering a direct rebuttal from Ed Snowden. Also, we learned the Senate was sitting on a devastating report about CIA torture The RIAA was establishing "vexatious" as its new favorite word to lob at its critics and opponents , and a really dumb ISP takedown of a record label showed why ISPs shouldn't be copyright cops.
Meanwhile, we had a big failure at Techdirt that wiped out half a day's worth of comments , but were saved by archives from the comment search engine BackType which would go on to be acquired by Twitter in This week in , critics were rebelling against the MPAA's ban on screener DVDs , leading the association to finally back down a bit — though not on Jack Valenti's crowing about the moral obligation to stop piracy , or the association's new program to brainwash school children with its copyright maximalism which finally launched this week.
Two different writers in the same newspaper reached opposite conclusions about the same study on file sharing , while others debated whether iTunes would put a dent in it , and we wondered if the entertainment industry's many copyright initiatives were a way of starting so many fights about complex policy that their opponents appear to be crying wolf. Last week we noted that the general consensus at this point is that Bloomberg screwed up its story about a supposed supply chain hack, in which it was claimed that Chinese spies hacked Supermicro chips that were destined for Apple and Amazon.
Basically everyone is loudly denying the story, and many are raising questions about it. In our comments, some of you still seemed to want to believe the article, and argued without any evidence that the US and UK governments, along with Amazon and Apple, were flat out lying about all of this. I pointed out a few times that that's not how things work.
Also untrue is the idea that many floated that the US government was forcing Apple and Amazon to lie. That also is not how things work for those who don't believe this, please check your First Amendment case history. Anyway, over at Serve the Home, Patrick Kennedy has one of the most thorough and comprehensive debunkings of the Bloomberg story, detailing how incredibly implausible the story is.
Kennedy's write-up is very detailed, including lots of pictures and detailed drawings of how networks are set up. Here's just a little snippet as an example:. Baseboard management controllers or BMCs are active on crashed or turned off servers. They allow one to, for example, power cycle servers remotely.
They replace a physical administrator working on a server in a data center for most tasks other than physical service e.
At the same time, the sensitive data on a system is in the main server complex, not the BMC. In that review, the BMC powered on utilizes 4.
SSDs each have idle power consumption generally above 1W and hard drives use considerably more even at idle. Local storage is powered off for the main server. Further encrypted sensitive code pushed from network storage is not accessible, and a BMC would not authenticate. There is much, much more in the piece, and it is well worth reading if you still think Bloomberg was on to something with its story.
So far, Bloomberg has stood by its story, even though it increasingly seems clear that its reporters -- Michael Riley and Jordan Robertson -- were in over their heads. It is possible that something questionable happened, but it almost certainly did not happen the way they described it. The fact that Bloomberg has refused to recognize any of these concerns is incredibly damning for Bloomberg's reputation. The ATF's stash house stings are one of the worst things about federal law enforcement.
And it's a crowded field! But the FBI can't tell a judge how much terrorism to charge defendants with. The ATF stings -- involving imaginary drugs hidden in fictitious stash houses -- give the government the ability to trigger mandatory minimum sentences simply by claiming the fake stash of drugs was more than five kilos -- automatically setting up defendants for year prison terms. Another victim of the ATF's stash house stings is fighting his conviction in court. There's some evidence this is the case.
Researchers found sting operations in Chicago netted a disproportionate number of minority suspects. Sellers says the ATF is engaging in selective enforcement. To do that, he needs information the ATF has on hand, but is refusing to hand over. The Ninth Circuit Appeals Court has declared Sellers should have access to this information because the claim he's making isn't the same as selective prosecution , which requires Sellers to show more than he has in this case. From the decision [PDF]:.
To succeed on his selective enforcement claim, Sellers must show that the enforcement had a discriminatory effect and was motivated by a discriminatory purpose. He is unlikely to meet this demanding standard without information that only the government has. Sellers can obtain this information through discovery if he makes a threshold showing.
We must decide what that showing is. We hold that in these stash house reverse-sting cases, claims of selective enforcement are governed by a less rigorous standard than that applied to claims of selective prosecution under United States v.
This is good news for Sellers. And it's potentially good news for others roped in by ATF stings. If he obtains information showing discriminatory motivation, minority suspects are going to have another way to fight these charges in court. But the entire opinion is worth reading past the opening declaration in favor of Sellers. Judge Jacqueline Nguyen tees off on the ATF in her concurring opinion, pointing out biased enforcement is only a small part of stash house sting operations' problems.
But when the government fails to target known criminal enterprises or people suspected of engaging in serious crimes, the practice is highly questionable and raises troubling questions about race-based targeting.
There is no legitimate dispute that these stings primarily affect people of color, but the government has steadfastly resisted any defense attempt to determine whether enforcement is racially biased. She goes on to point out the government outsources the target selection to informants -- ones who have their own interests to serve and protect. This makes it clear the ATF is searching for dangerous criminals to talk into fake stash house robberies.
It's more than willing to take whoever -- which more often than not is a minority with no history of violent crime or armed robbery. From there, the government gets to decide how many years of a suspect's life it's willing to try to take away. Invariably, every fake drug stash is large enough to demand year minimum sentences. Then she gets right to the heart of the matter: They're based on a bunch of lies, which gives the ATF the opportunity to pick anyone as its fall guy.
But the agency always seems to end up arresting the same sort of people. Law enforcement agents, on the other hand, do not deal with a closed universe of criminal suspects. When conducting a reverse sting, literally anyone could be a target. See Black, F. Does their dreamy amorality cast them all as fit candidates for a sting by their government? There is no reason to suspect that persons of a particular race are more likely to agree to commit a stash house robbery unless one believes that persons of that race are inherently more prone to committing violent crime for profit—a dangerously racist view that has no place in the law.
If law enforcement agents target potential stash house robbers in a race-neutral way, then the racial breakdown of targeted individuals would presumably closely mirror that in the community.
This is what the ATF does dozens of times a year. It takes fake drugs and fake stash houses and turns them into real prison sentences. And, so far, it's been getting away with it. But it sounds like courts are beginning to tire of locking people up for unwittingly engaging in the ATF's charades. At some point, this will all come crashing down on the feds, but until then dangerous criminals will continue to walk the streets while down-on-their-luck nobodies serve their prison terms for them.
Just about two years ago, you might recall that the internet partially imploded after DNS provider Dyn was hit with a historically massive DDOS attack. A major reason for the attack was the Mirai botnet malware, which made creating rampant botnets a pretty trivial affair for anybody with an IQ over The other problem was that Mirai was able to quickly compromise and incorporate millions of internet of things devices as part of the assault thanks to said devices' lack of meaningful privacy and security protections.
That included a large number of DVRs and internet-connected cameras by a Chinese company by the name of XiongMai Technologies, which stated it would be recalling many of the devices after issuing a statement in rather broken English that didn't really make much sense:. Since industry giants have experienced them, Xiongmai is not afraid to experience them once, too.
Fast forward several years, and you'll be shocked to learn that really nothing has changed at the company in terms of ensuring its cheap hardware can't be quickly compromised by hackers and thieves.
Most of the fatal flaws remain in the company's products, including default login credentials, terrible GUIs that fail to show what the device is doing online, intentional backdoors, and pretty basic design flaws like the failure to prompt a password change during setup.
Worse, because XiongMai Technologies is a "white label vendor" whose hardware is often repackaged and resold under a universe of different brands, it's impossible for many to know if they even own these substandard products, notes activist and author Cory Doctorow:. The most reliable way to determine if you own a Xiongmai product is to see if its control systems mention "XMEye.
Of course Xiongmai is just one of several, similar Chinese IOT hardware vendors that pretty clearly couldn't give less of a shit about user privacy and security, or the fact these devices directly impact the health of the internet. SEC Consult has been not only issuing advisories surrounding Xiongmai and its universe of offshoot products, but also about a myriad of other, similarly-unaccountable hardware vendors like Shenzhen Gwelltimes Technology Co.
All told we're talking about more than 9 million DVRs and cameras currently in use protected with the security equivalent of wet cardboard. As security experts like Bruce Schneier keep pointing out , we're basically begging for a massive dumpster fire that could have dramatic and potentially even fatal repercussions.
And the solution isn't just one thing or another, it's going to require a concerted, cross-sector collaborative effort that starts with integrating security and privacy warnings into product reviews, and naming and shaming vendors that pretty clearly don't think even the barest bones privacy and security standards are worth the time or money it takes to develop them.
As Canada looks to update its copyright laws as part of the USMCA, the replacement for NAFTA strong-armed into existence by Donald Trump, we covered previously how ridiculous it is that copyright interests have been allowed to stick their nose in the whole thing and make all kinds of demands. Part of USMCA involves allowing Canada to keep its notice and notice system, as opposed to the notice and takedown system we have here in the States.
While Canada's system is preferable to our own, it's not without it's flaws, of course. One of those flaws is how the notice and notice system has devolved into a deluge of settlement letters. So dire is the plague of threat letters, in fact, that ISPs in Canada are using this opportunity to suggest outlawing those threat letters be included in the updates of Canadian copyright laws. During a hearing before the House Heritage Committee last week, Pam Dinsmore of Rogers Communications mentioned that her company sends roughly 2.
Like other ISPs, Rogers is not against the system itself, but it believes that updates are required. One issue all parties appeared to agree on is that the notice-and-notice scheme should ban settlement demands. TekSavvy was actually more pointed in its criticism, with its representative calling out the current settlement letter schemes as designed to intimidate and mislead consumers to extract money from the uninformed.
He also helpfully pointed out that these settlement letters have all the hallmarks of spam, scams, and spear phishing attempts, often designed to simply get consumers to reveal more information about themselves that can then be weaponized for more threats and demands. TekSavvy recommended that the notice-and-notice scheme should be updated to ban these types of settlement notices as well as other unrelated info.
This ban on settlement requests or other clear abuse was shared by Shaw, Rogers, and Bell. The copyright holders and their partners did this to themselves, after all, designing a business model built on intimidation and obfuscation, and then expecting the public and government to simply be okay with all of it.
The notice and notice system, after all, was designed to curtail piracy through education and transparent oversight, not through strong-arm tactics.
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