Tuesday, July 12, 2022

ExecutiveTower

ExecutiveTower


BuzzFeed News

Posted: 12 Jul 2022 08:58 AM PDT

BuzzFeed News


"It May Be A Children's Book, But There Are Important Lessons Here": People Are Sharing The Books They Read As Children And During Their School Years That Stuck With Them Into Adulthood

Posted: 12 Jul 2022 12:46 PM PDT

"It was required reading for a class, so I didn't really expect much from it, but I was completely caught off guard.


View Entire Post ›

[New post] 4 Must-Dos for a Better You after COVID-19 Recovery

Posted: 12 Jul 2022 08:26 AM PDT

🥑 Hummus Avocado Sandwich!

Posted: 12 Jul 2022 07:10 AM PDT

This easy sandwich deserves a spot in your regular lunch rotation!  ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌

Hi again!

This Hummus Avocado Sandwich is something I make at least once a week. It's stacked with veggies, and packed with nutrients and flavor! i

💙 What's to love about this recipe:

  1. Takes 10 minutes to make.
  2. It's plant based-friendly.
  3. Loaded...and I mean LOADED...with flavor.

GET THE RECIPE HERE

See you next time!

Dara xo





[New post] New Energy Security Bill waters down regulation for fusion, warns Nuclear Free Local Authorities

Posted: 12 Jul 2022 04:57 AM PDT

[New post] Meet Two Asian-American CEOs Blazing New Paths in Cannabis

Posted: 12 Jul 2022 04:57 AM PDT

[New post] Relax folks: NYC tells us how to be OK when our city is nuclear-bombed

Posted: 12 Jul 2022 04:57 AM PDT

[New post] Australia ‘Punctures’ US-UK Nuclear Submarine Proposal Under AUKUS; Says Hi-Tech Arms Better Than Nuke Subs

Posted: 12 Jul 2022 04:56 AM PDT

[New post] France and the big nuclear energy mistake

Posted: 12 Jul 2022 04:54 AM PDT

[New post] The dilemma of disposal of radioactive trash

Posted: 12 Jul 2022 04:53 AM PDT

[New post] Slow, expensive and no good for 1.5° target: Australia’s CSIRO crushes nuclear fantasy.

Posted: 12 Jul 2022 04:52 AM PDT

[New post] “Forget nuclear and simplify electrification:” The message from Australia’senergy experts.

Posted: 12 Jul 2022 04:50 AM PDT

[New post] Let’s Eliminate Nuclear Weapons, Before They Eliminate Us

Posted: 12 Jul 2022 04:47 AM PDT

[New post] European Heatwave Risks Curbing French Nuclear Power Production

Posted: 12 Jul 2022 04:46 AM PDT

The best wellness deals to shop this Prime Day

Posted: 12 Jul 2022 04:02 AM PDT

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[New post] Sir Mo Farah reveals he was trafficked to the UK as a child

Posted: 12 Jul 2022 03:26 AM PDT

[New post] Free On-Demand Webinar: How to Remain Competitive in a Macroeconomic Climate

Posted: 12 Jul 2022 03:11 AM PDT

[New post] The MarketBeat Podcast: Ignore Traditional Investment Advice That Doesn’t Work

Posted: 12 Jul 2022 03:10 AM PDT

[New post] Tuesday Tour: Sight and Sound

Posted: 12 Jul 2022 03:10 AM PDT

[New post] Has the Cannabis Bubble Popped?

Posted: 12 Jul 2022 02:27 AM PDT

Techdirt Daily Newsletter for Tuesday, 12 July, 2022

Posted: 12 Jul 2022 02:26 AM PDT

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Stories from Monday, July 11th, 2022

 

Sixth Circuit Says All Animals Are Equal, But Cop Animals Are More Equal Than Others

from the this-is-what-happens-when-you-call-a-dog-an-officer dept

by Tim Cushing - July 11th @ 8:16pm

Cops kill pets. This is an inarguable fact. None other than the US Department of Justice has declared the (unofficial) War on Dogs to be a law enforcement epidemic. If a cop encounters a family dog while doing cop stuff, chances are the dog is going to die.

Sure, some people may claim cops encounter dogs all the time without killing them, but cops are the only ones killing (see above link) “25 to 30” pet dogs every day. Killing pets is something people normally attribute to budding mass murderers, but cops walk around every day doing this and most people still think they’re not psychopaths.

More than half the federal circuits have held that killing someone’s pet is a violation of the Fourth Amendment. But those holdings are pock-marked with loopholes. And this recent Sixth Circuit Appeals Court decision [PDF] makes it clear that when it comes down to a tussle between a cop’s dog and a regular person’s dog, the regular dog’s death will be a justified killing.

In this case, cops already had their man. The fleeing suspect had been apprehended. But the Detroit police officers believed the suspect had ditched a gun. An officer brought a K-9 “officer” out to sniff for the (alleged) weapon. This required the officer to take the dog across several people’s yards. This is what happened next.

Bodycam and security camera footage captured the events that followed. Officer Shirlene Cherry arrived at the scene with her trained canine, Roky. The White family had two dogs outside, Chino, a pit bull, and Twix, a Yorkie Terrier. Officer Cherry asked White's daughter, Mi-Chol, to secure the dogs during the search for the weapon. Mi-Chol grabbed Chino to put him inside their home, but he escaped and ran to the front yard. Mi-Chol went inside to grab a leash. With Chino still roaming the fenced-in yard, Officer Cherry decided to take Roky to a neighboring yard to search there first. They walked along the perimeter of the wrought-iron fence toward the next yard while Chino followed them from the other side of the fence.

Then the unexpected happened. As Officer Cherry and Roky reached the corner of the yard, Chino lurched through the fence's vertical spires and bit down on Roky's snout. Roky yelped. Cherry turned and saw Roky trapped up against the fence with his nose in Chino's mouth. Cherry tugged at Roky's leash and yelled at Chino to "let go." Nothing changed. Chino began "thrashing," "swaying back and forth in an effort to tear" what he was holding. Unable to free Roky and afraid for the dog's life, Cherry unholstered her gun and shot Chino once.

What is a reasonable amount of time to de-escalate a dog-on-dog altercation? That question can’t be answered. All we have is this data point, which suggests anything under six seconds is more than enough time to justify the use of deadly force to end it.

Six seconds passed between Chino's attack and Cherry's shot. After the shot, Chino released the now-bloodied Roky. Chino died from the shot.

Killing another animal to save a police animal is just good police work, says the Sixth Circuit. Never mind that they’re both animals. One has been elevated: it is a “police” animal, which makes it the equivalent of a fellow officer. This isn’t an underhanded exaggeration. In many places, assaulting a police dog is treated no differently than assaulting a police human. The criminal penalties are nearly identical.

When it’s dog-on-dog, only one dog is truly protected by law. And the court isn’t going to second-guess cops who see their pet being attacked by a citizen’s pet.

What of the alternatives? What of other reasonable options short of Officer Cherry's lethal use of force? Commands for Chino to "let go" did not do the trick. Several forceful pulls on the leash still left Roky at Chino's unmistakable beck and unrelenting call. Only the ignorant peace of a judge's chamber would prompt the passing thought that the officer should use her hands to remove the one dog from the other. That of course would replace one hazard with another, and in the process insert the officer, never a judge, into harm's path. Officer Cherry, it is true, had a taser, and perhaps a taser might have spared Roky and Chino. But Officer Cherry believed that the taser would serve only as a "muscle stimulant" and further "lock [Chino's] jaw," leaving Roky in continuing peril. Maybe; maybe not. But there were enough maybes in this unnerving situation to permit Officer Cherry to respond to these "tense, uncertain, and rapidly evolving" circumstances, Graham, 490 U.S. at 397, with decisive action that increased the likelihood of saving Roky: shooting the source of the peril. Shooting an attacking dog to save a behaving police dog is not unreasonable.

In this situation, it’s only perhaps less unreasonable than other situations. In this case, the officer patrolled another yard while waiting for the pet owner to secure their dog. That was a smart move and it should not weigh against the officer.

The problem is the standard. It will always allow police dogs to be more valuable than family pets. No cop takes a dog out for a stroll. Every time a police dog is on a scene, it will be a “rapidly evolving” situation. Whether it’s an evolving threat (like the one here) or a latent threat (literally any pet located anywhere a cop and their dog happen to be), the cops will win and the people paying their salary will lose. A perceived threat to a human officer is enough to justify deadly force. A subjective threat to a cop’s dog will also justify acts of violence.

Granted, this is not an ideal case. One dog attacked another. But the standard set by the court makes it clear certain animals are more important than others. And that makes this coda ring a bit hollow.

The problem in this case is not the law's lack of appreciation for the Whites' love of their dog. It is that the lives of two dogs were at risk. Officer Cherry permissibly considered that reality in killing one and saving the other.

There was no perfect solution to the situation facing the officer and her K-9. But this ruling is precedent — a published opinion. And it says — once everything else is stripped away — that police can kill pets when they feel they need to without having to worry too much about being successfully sued. And if the police dog had been the aggressor and the other dog had merely responded to an attack, I doubt the judicial outcome would have changed.

Read More | 8 Comments

After Years Of Being Called An IP ‘Thief,’ China Now Out-Patenting Others… And Suing

from the careful-what-you-wish-for dept

by Mike Masnick - July 11th @ 4:12pm

It amazes me that the narrative is still out there about how China is an “intellectual property thief” and that the US and other western nations need to “convince China to respect intellectual property.” We heard that for decades, but for over a decade now, we’ve been pointing out that China responded to all that scolding by massively ramping up its efforts to obtain patents for Chinese companies, and then using those patents to sue western companies. That is, just as we predicted, all the screaming to pressure China into “respecting IP” was literally handing China a protectionist weapon. Which it’s been using. A lot. To the point that some US officials have started freaking out, and arguing that the US should ignore Chinese attempts to enforce its patents.

The Financial Times has an article on the latest, which is that China is basically now a patenting powerhouse and is using it to cause serious trouble, especially when it comes to patents used in standards, or so called “standard essential patents” or SEPs. We’ve talked about SEPs in the past, as they’re incredibly lucrative if you can get your patent included in a SEP, as it’s basically a ticket for printing money… and for making sure that basic core technology has to come from certain companies. And that’s of tremendous interest to Chinese telecommunications equipment firms…

In what some lawyers see as a trend, Chinese companies have become increasingly assertive in the relatively narrow field of "standard essential patents". So-called SEPs are used widely in the telecommunications industry to license and provide access to patented technologies.

In recent years, Chinese courts have issued four key cross-border "anti-suit injunctions" following claims made by the country's massive telecom equipment and smartphone groups — Huawei, Xiaomi, ZTE and Oppo — in disputes against Germany's Conversant, US group InterDigital, and Japan's Sharp.

Of course, once again, China doing this is… just copying how patenting and patent suits work in the US. They learned it from watching us. Again.

In February, at the World Trade Organization, the EU complained about China and these cases, noting that the penalties from anti-suit injunctions are "typically set at the maximum level allowed for under Chinese Civil Procedure Law" — roughly Rmb1mn per day, or $157,000. The US, Japan and Canada have subsequently joined the WTO proceedings.

Yet the Chinese courts were not the first to issue orders to stop a company from pursuing proceedings in SEP disputes in other jurisdictions. Anti-suit injunctions have been on the rise across the US, the UK, Germany and India since a dispute between Microsoft and Motorola 10 years ago.

And yet, none of this will matter. The narrative is so entrenched that I’m sure we’ll continue hearing more and more stories about how the US needs to get China to “respect intellectual property” as Chinese firms laugh all the way to the courts…

Read More | 9 Comments

Massive Chinese Police Database Hacked/Sold, Gov’t Responds By Trying To Bury The News

from the china's-national-bird-is-the-third-person-ostrich dept

by Tim Cushing - July 11th @ 1:41pm

The problem with gathering tons of sensitive data and storing it indefinitely is sooner or later someone with even worse intentions is going to come looking for it. And China’s massive surveillance apparatus collects oh so much data.

It’s far too tempting to resist. Someone with the guts and audacity to go after one of the most repressive regimes in the world has made a mockery of the government’s security measures and is now, presumably, making a tidy profit. Rachel Cheung has the details for Motherboard.

An anonymous hacker is selling a massive database that allegedly contains the personal information of a billion Chinese citizens, more than two-thirds of the country's population. 

In a recent post on the cybercrime site Breach Forums, a user going by ChinaDan claimed to offer more than 23 terabytes of data for 10 bitcoin, which is around $200,000. The trove of data was allegedly leaked from a Shanghai police database. 

Researchers and journalists are still trying to verify the hacker’s claims. ChinaDan released 750,000 files, which is still only a very small percentage of the alleged total haul. Some of the criminal records released have been verified, suggesting this reported breach may be legitimate.

Not only is there the potential for massive fraud, what with apparent access to the credentials and other personal information belonging to nearly one billion people, there’s plenty that could be used to embarrass Chinese residents, personally or professionally.

Another file listed 250,000 reports of crime to Shanghai authorities. They include cases of looting, online fraud, and domestic abuse, as well as offenses as petty as a 43-year-old getting an "illegal" handjob for 50 yuan (about $7.5) at a bathhouse in 2004.

And the damage could go further than simply ruining someone financially via regular old identity fraud. This being China, a truly malicious person could theoretically convert stolen credentials into lifetime imprisonment for victims by using this info to fire up accounts on internet services to traffic in anti-government rhetoric.

There’s a private (well… as private as a company can be in China) contractor in the mix as well. Alibaba’s cloud service apparently hosted the database. In a comment to Motherboard, the company said it was aware of the incident and was investigating.

Chinese citizens may be the victims, but they’ll also be the last to know, if the government can do anything about it.

The alleged hack set Chinese social media abuzz for a brief period over the weekend, but by Monday microblogging network Weibo and Tencent's WeChat had begun to censor the topic.

Hashtags such as "data leak", "Shanghai national security database breach" and "1 billion citizens' records leak", which had amassed millions of views and comments, were blocked on Twitter-like Weibo.

One Weibo user with 27,000 followers said a viral post about the hack had been removed by censors and that she had already been invited by local authorities to discuss the post.

So far, so China. The censorship is in full effect. And the government, which should feel obligated to inform citizens their personal information has possibly been compromised, refuses to discuss the hacking. According to the Financial Times, numerous branches of the Shanghai government have refused to comment on the incident and the agency in charge of national data security (Cyberspace Administration of China) chose not to respond to reporters’ questions.

I realize the Chinese government cares far more about its well-being than the concerns of its billions of constituents, but burying bad news and pretending it isn’t happening is insanely harmful. But, in the end, it will be citizens that are harmed the most, so why should the government care?

Read More | 6 Comments

You Don’t Own What You’ve Bought: Sony Removes 100s Of Movies Bought Through PS Store

from the poof!-it's-gone dept

by Dark Helmet - July 11th @ 12:03pm

We have done many, many posts explaining how, unfortunately, it seems the idea of a person owning the things they’ve bought has become rather passe. While in the age of antiquity, which existed entire tens of years ago, you used to be able to own things, these days you merely license them under Ts and Cs that are either largely ignored and clicked through or that are indecipherable, written in the otherwise lost language known as “Lawyer-ese”. The end result is a public that buys things, thinks they retain ownership over them, only to find out that the provider of the things alters them, limits their use, or simply erases them from being.

Take anyone who bought a movie distributed by StudioCanal in Germany and Austria through Sony’s Playstation store, for instance. Sony previously had a deal to make those movie titles available in its store, but declined to continue offering movies and shows in 2021, stating that streaming services had made the deal un-competitive.

Sony's PlayStation group stopped offering movie and TV show purchases and rentals, as of Aug. 31, 2021, citing the rise of streaming-video services. At the time, Sony assured customers that they "can still access movie and TV content they have purchased through PlayStation Store for on-demand playback on their PS4, PS5 and mobile devices.

And when Sony said that, it apparently forgot to add two very important words to its statement: “for now.” Instead, Sony decided to drop the bomb with yet another statement regarding StudioCanal content in Germany and Austria. It essentially amounts to: hey fuckers, that shit you bought is about to disappear, mmkay bye.

"As of August 31, 2022, due to our evolving licensing agreements with content providers, you will no longer be able to view your previously purchased Studio Canal content and it will be removed from your video library," the notices read. "We greatly appreciate your continued support."

Poof, it’s gone! That remark about appreciating the public’s “continued support” seems more like begging than acknowledging reality. Especially once you start asking the questions that immediately leap to mind.

For example: will customers get a refund for the movies that they bought and now can’t access? As per the source article “it’s unclear”, which likely means “hahahahaha nope.” How many movies were delisted? Literally hundreds. Are these just small-time movies? Nope, they include AAA titles like The Hunger Games and John Wick.

And so a whole bunch of people are going to find out that they didn’t buy anything, they rented some movies for a previously indefinite period of time that just became definite, long after the purchase was made. It’s hard to imagine something more anti-consumer than that.

Read More | 27 Comments

Policymakers Need To Realize How Any Internet Regulation Will Impact Speech

from the censorship-comes-in-many-forms dept

by Mike Masnick - July 11th @ 10:47am

The internet is about speech. That’s basically all the internet is. It’s a system for communicating, and that communication is speech. What’s becoming increasingly frustrating to me is how in all of these attempts to regulate the internet around the globe, policymakers (and many others) seem to ignore that, and act as if they can treat internet issues like other non-speech industries. We see it over and over again. Privacy law for the internet? Has huge speech implications. Antitrust for the internet? Yup, speech implications.

That’s not to argue that all such regulations can’t be done in ways that don’t violate free speech rights, but to note that those who completely ignore the free speech implications of their regulations are going to create real problems for free speech.

The latest area where this is showing up is that the UN has been working on a “Cybercrime Treaty.” And, you can argue that having a more global framework for responding to internet-based crime sounds like a good thing, especially as such criminal behavior has been rapidly growing. However, the process is already raising lots of concerns about the potential impact on human rights. And, most specifically, there are massive concerns about how a Cybercrime Treaty might include speech related crimes.

So it is concerning that some UN Member States are proposing vague provisions to combat hate speech to a committee of government representatives (the Ad Hoc Committee) convened by the UN to negotiate a proposed UN Cybercrime treaty. These proposals could make it a cybercrime to humiliate a person or group, or insult a religion using a computer, even if such speech would be legal under international human rights law.

Including offenses based on harmful speech in the treaty, rather than focusing on core cybercrimes, will likely result in overbroad, easily abused laws that will sweep up lawful speech and pose an enormous menace to the free expression rights of people around the world. The UN committee should not make that mistake.

As we’ve been noting for years, “hate speech laws” are almost always abused by governments to silence dissent, rather than protect the marginalized. Indeed, one look at the countries pushing for the Cybercrime Treaty to include hate speech crimes should give you a sense of the intent of the backers:

For example, Jordan proposes using the treaty to criminalize "hate speech or actions related to the insulting of religions or States using information networks or websites," while Egypt calls for prohibiting the "spreading of strife, sedition, hatred or racism." Russia, jointly with Belarus, Burundi, China, Nicaragua, and Tajikistan, also proposed to outlaw a wide range of vaguely defined speech intending to criminalize protected speech: "the distribution of materials that call for illegal acts motivated by political, ideological, social, racial, ethnic, or religious hatred or enmity, advocacy and justification of such actions, or to provide access to such materials, by means of ICT (information and communications technology)," as well as "humiliation by means of ICT (information and communications technology) of a person or group of people on account of their race, ethnicity, language, origin or religious affiliation."

It’s like a who’s who of countries known for oppressing dissent at every opportunity.

Once again, it’s reasonable to argue that there should be some more regulations for the internet, but if you don’t recognize how those will be abused to stifle speech, you’re a part of the problem.

Read More | 35 Comments

Daily Deal: JBL Live Free NC+ True Wireless in-Ear Noise Cancelling Bluetooth Headphones

from the good-deals-on-cool-stuff dept

by Gretchen Heckmann - July 11th @ 10:42am

JBL Live Free NC+ TWS earbuds deliver JBL Signature Sound with supreme comfort. Stay in the groove all day long without noise or any distractions thanks to Active Noise Cancelling, while TalkThru and Ambient Aware keep you in touch with your friends and surroundings. Up to 21 hours of battery life and in-case wireless charging gives you seamless, convenient ease of use, and Dual Connect + Sync means you can start listening immediately, with either earphone or both. With your choice of Voice Assistant, perfect calls, and intuitive controls right at your fingertips, you'll never need to stop the music. Water and sweat proof, the JBL Live Free NC+ TWS won’t let you down no matter your activity or the weather conditions. They’re on sale for $66.

Note: The Techdirt Deals Store is powered and curated by StackCommerce. A portion of all sales from Techdirt Deals helps support Techdirt. The products featured do not reflect endorsements by our editorial team.

Read More | Leave a Comment

Reverse Keyword Warrant Challenged After Cops Asked Google To Search Millions Of People’s Data Multiple Times

from the Dragnet-2:-The-Dragnetting dept

by Tim Cushing - July 11th @ 9:38am

Cops have been running to Google for years, warrants and subpoenas in hand, asking the data behemoth to give them info they can sift through to find criminal suspects. Location data is a big one. Comparable to cell phone tower dumps, geofence warrants allow law enforcement to obtain a certain amount of data on every phone in an area, allowing them to work backwards towards probable cause to seek identifying data on possible suspects. But the only “probable cause” needed for the original, Google-enabled search is the (strong) probability Google has data responsive to the request.

Another backdoor to probable cause is keyword warrants. These are even more questionable since it’s not just the Fourth Amendment being implicated. Getting data dumps on everyone who might have searched for certain terms wanders into First Amendment territory, making people suspects just because they’ve attempted to access information.

These have been increasing in popularity over the past several years as law enforcement moves towards internet-based alternatives to canvassing neighborhoods to ask people if they’ve seen anything suspicious. This has led to some really strange interpretations of probable cause, like cops searching for anyone who searched for a certain person’s name while investigating bank fraud.

That case was a half-decade ago. And the request was granted, presumably because the judge felt it was likely Google had responsive data: the supposed “probable cause.” It’s only now that one of these keyword warrants is being challenged by someone other than the original recipient. Here’s Jon Schuppe, reporting for NBC News. (h/t Michael Vario)

A teen charged with setting a fire that killed five members of a Senegalese immigrant family in Denver, Colorado, has become the first person to challenge police use of Google search histories to find someone who might have committed a crime, according to his lawyers.  

[…]

In documents filed Thursday in Denver District Court, lawyers for the 17-year-old argue that the police violated the Constitution when they got a judge to order Google to check its vast database of internet searches for users who typed in the address of a home before it was set ablaze on Aug. 5, 2020. Three adults and two children died in the fire.

That search of Google's records helped point investigators to the teen and two friends, who were eventually charged in the deadly fire, according to police records. All were juveniles at the time of their arrests. 

The aforementioned document [PDF] (which NBC News inexplicably failed to include with its article) opens with a concise, but powerful, point-by-point discussion of everything that’s wrong with warrants that allow law enforcement to ransack digital warehouses in hopes of finding something it can work with.

A reverse keyword search is a novel and uniquely intrusive digital dragnet of immense proportions. It requires Google to search billions of people's search queries—everyone who ran a Google search—and produce information on anyone who looked for certain search terms, or keywords. Here, the government searched for, and then seized, the personal data associated with everyone who searched for nine variations of an address, "5312 Truckee Street," over the course of 15 days in 2020.

That’s not how probable cause, or even reasonable suspicion, works. Possessing a warrant doesn’t really change anything, since the only supporting probable cause is that Google has information, most (if not all, in some cases) that is completely unrelated to the crime being investigated.

In this case, the speculative excursion was far less precise than even that dismissive term would indicate. Google rejected two previous warrants served to it by investigators, suggesting even the investigators had no idea what they were searching for, much less what they expected Google to search for.

But for this reverse keyword search, law enforcement would not have identified Mr. Seymour as a suspect in this case. Indeed, the keyword warrant was preceded by a litany of other constitutionally suspect searches. None of them, however, pointed law enforcement to Mr. Seymour. In fact, the operative keyword warrant, issued on November 19, 2020, was the third keyword warrant issued in this case. Google refused to comply with the first two. And just the day before Denver police obtained the warrant, investigators were interrogating an alternate suspect. Law enforcement went on a massive fishing expedition, trawling through everyone's cell phone records, location data, and Google data—without cause to search any of it—until they identified Mr. Seymour with a third keyword warrant.

Admittedly, banging away until something gives is also a law enforcement technique, but those generally don’t implicate the search engine history of people who haven’t committed crimes. A warrant was obtained, which means discussions about the Third Party Doctrine will be limited (and the fact that most users know Google searches are known, if not stored indefinitely, by Google is another factor), but that doesn’t excuse the apparent abuse of a third party’s date stores to root around for people reasonably suspected of participating in a crime.

While law enforcement may portray this as a search of Google, it is actually a search of Google users and their internet use.

The government searched an ocean of intensely private data in this case, yet it lacked probable cause to search even one Google user. Instead, it demanded that Google search everyone's Google searches in order to generate suspicion. This process is profoundly different from the one that governs the application for and execution of typical warrants, where a suspect is known and the warrant seeks their data. Instead, this "reverse warrant" first identifies categories of data and then seeks information about people whose data falls into those categories.

It’s fishing. It’s not limited, targeted, supported by probable cause, or even based on law enforcement’s evidence gathering to date. In this investigation, investigators and their fishing poles were all over the lake.

Prior to the third keyword warrant, the government executed at least 23 other warrants, escalating over time to "very general search warrants" without any named suspects. […] [P]olice requested a "traditional tower dump" and "specialized location data dump," from four major cell phone carriers, one returned 1,471 "unique devices…within a 1-mile radius" of the fire, and another returned 4,595 devices.

Just pure guesswork. The cops even went wardriving for cell phones.

Police deployed a "cell-site simulator" (a.k.a. "IMSI catcher") in the same neighborhoods in an attempt to "throw out" some numbers. A cell-site simulator is a fake cell phone tower operated by the police from the back of a car. As the police drove the device around Truckee St. on August 20, 2020 at 2 a.m., the simulator forced every cell phone within range to connect to it instead of to the authentic cell phone network. The phones then identified themselves to the police by providing their unique international mobile subscriber identifier ("IMSI") numbers. Police identified 723 devices in the area, most of which belonged to neighbors in private homes. None of this information, however, led investigators to say, "We've got our guy or gal or anything." Id. at 129.

So, it appears this won’t be the only warrant/search technique being challenged in this case. Investigators tried everything and did so with very little lawful justification. This may be the first time a keyword search has been challenged in court, but it also appears another law enforcement favorite — geofence warrants — will be receiving the same treatment from the accused’s defense lawyer.

Police also obtained two Google geofence warrants, one on August 10, 2020, and another on October 6, 2020. […] For reference, Google had 592 million Location History users in 2018. To conduct a geofence search, regardless of the size or shape of the area, Google must comb through the account of every Location History user. That is because Google does not know which users may have responsive data before conducting the search. As a result, the two geofence warrants here, covering six geographic areas, led to the search of hundreds of millions of people, multiple times. Yet, like the prior searches, this approach also failed to produce any "fruitful" leads.

On top of all of this, investigators also went to a data broker to trawl for leads, serving a warrant to “Fog Data Science,” which (according to the description in the filing) appears to gather location data from apps and provide that access to government agencies.

Multiple dragnets. Zero returns. Thousands directly affected. Millions indirectly searched. And only one of the 24 warrants (on top of the Stingray wardriving, which doesn’t appear to have been backed by a warrant) produced anything usable.

The totality is an embarrassing indictment of law enforcement officers’ preference to allow others to do their neighborhood canvassing for them. Searches performed by others and overseen by desk jockeys is a whole lot easier than hitting the streets and looking for eyewitnesses and evidence.

Unfortunately, court decisions are on a case-by-case basis. The totality of this fiasco may be viewed through a very narrow lens that only considers the probability Google retains this data. And that may be all the probable cause needed, especially when Google refuses to provide identifying info until law enforcement offers up something approaching actual probable cause.

Then again, this may be the toe in the door that results in more judicial examination of these fishing expeditions and starts demanding probable cause be related to the suspect being sought, rather than the location of the data cops wish to obtain.

Read More | 14 Comments

Repeatedly Hacked T-Mobile Ramps Up The Sale Of User App Download And Behavior Data

from the collect-ALL-the-things! dept

by Karl Bode - July 11th @ 6:23am

T-Mobile hasn’t been what you’d call competent when it comes to protecting its customers’ data. The company has been hacked numerous different times over the last few years, with hackers going so far as to ridicule the company’s lousy security practices.

A responsible company might slow down on data collection until it was certain it had figured out how to protect the data it collects. But this being the United States, where there’s no real accountability for companies with lax privacy and security standards (outside of four days or so of mean Tweets), T-Mobile has announced that it’s dramatically expanding its collection of user browsing and app download data.

The effort is part of T-Mobile’s new “App Insights" adtech product that was formally launched recently. App Insights will allow marketing companies to further track and target T-Mobile customers based on which apps they've downloaded and their "engagement patterns" with said apps — namely how often they use them, how long they remain open on the device, and other metrics.

As Gizmodo notes, there won’t be many restrictions, allowing microtargeting folks by sexual orientation:

T-Mobile also won't stop marketers from taking things into their own hands. One ad agency exec that spoke with AdExchanger said that one of the "most exciting" things about this new ad product is the ability to microtarget members of the LGBTQ community. Sure, that's not one of the prebuilt personas offered in the App Insights product, "but a marketer could target phones with Grindr installed, for example, or use those audiences for analytics," the original interview notes.

The timing of this dramatic expansion in user app data monetization, at a time when abortion bans and potential vigilante action are forging a profound new seriousness in consumer app policy concerns, is a fairly telling representation of how worried a company like T-Mobile is about privacy-related oversight coming from a generally over-extended, under-funded, and under-staffed FTC (as in, not at all).

As with so many modern companies, T-Mobile over-collects data, then doesn’t take the necessary steps to protect said data. It then lobbies U.S. lawmakers to ensure we don’t shore up U.S. privacy protections (as it did when Congress gutted the FCC’s fairly modest broadband privacy rules), and the cycle repeats itself in perpetuity. Making money is, quite literally, the only policy consideration that matters.

Read More | 16 Comments

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