What your cell phone can’t tell the police (The New Yorker, 26 June 2014) – On May 28th, Lisa Marie Roberts, of Portland, Oregon, was released from prison after serving nine and a half years for a murder she didn’t commit. A key piece of overturned evidence was cell-phone records that allegedly put her at the scene. Roberts pleaded guilty to manslaughter in 2004, after her court-appointed attorney persuaded her that she had no hope of acquittal. The state’s attorney had told him that phone records had put Roberts at the scene of the crime, and, to her lawyer, that was almost as damning as DNA. But he was wrong, as are many other attorneys, prosecutors, judges, and juries, who overestimate the precision of cell-phone location records. Rather than pinpoint a suspect’s whereabouts, cell-tower records can put someone within an area of several hundred square miles or, in a congested urban area, several square miles. Yet years of prosecutions and plea bargains have been based on a misunderstanding of how cell networks operate. No one knows how often this occurs, but each year police make more than a million requests for cell-phone records. “We think the whole paradigm is absolutely flawed at every level, and shouldn’t be used in the courtroom,” Michael Cherry, the C.E.O. of Cherry Biometrics, a consulting firm in Falls Church, Virginia, told me. “This whole thing is junk science, a farce.” The paradigm is the assumption that, when you make a call on your cell phone, it automatically routes to the nearest cell tower, and that by capturing those records police can determine where you made a call-and thus where you were-at a particular time. That, he explained, is not how the system works. When you hit “send” on your cell phone, a complicated series of events takes place that is governed by algorithms and proprietary software, not just by the location of the cell tower. First, your cell phone sends out a radio-frequency signal to the towers within a radius of up to roughly twenty miles-or fewer, in urban areas-depending on the topography and atmospheric conditions.

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US oil & gas industry establishes information sharing center (InfoSecurity, 26 June 2014) – As part of a voluntary effort, the oil and natural gas industry is launching the Oil and Natural Gas Information Sharing and Analysis Center ( ONG-ISAC ), dedicated to protecting critical energy infrastructure from computer-based attacks. The ONG-ISAC will serve as a unified, central reservoir of cyber intelligence and a virtual pipeline that facilitates the secure sharing of vetted, actionable and timely cyber intelligence to members. “Cyber-based attacks are one of the fastest-growing threats to America’s infrastructure,” said David Frazier, chairman of the ONG-ISAC, in a statement. “ONG-ISAC will help our industry to quickly identify and respond to threats against refineries, pipelines and other distribution systems that serve US consumers and businesses. It also will provide industry participants a secure way to share information and stay connected with law enforcement agencies.” An industry-owned and operated organization, the ONG-ISAC will facilitate the exchange of information, evaluate risks, and provide up-to-date security guidance to US companies. Participants can submit incidents either anonymously or with attribution via a secure web portal; circulate information on threats and vulnerabilities among ONG-ISAC members, other ISACs, vendors and the US government; provide industry participants with access to cybersecurity experts; alert participants of cyber-threats deemed ‘urgent’ or ‘elevated’ in near real-time, within 60 minutes; coordinate industry-wide responses to computer-based attacks; and ensure compliance with all antitrust and federal disclosure guidelines.

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US privacy panel backs NSA’s Internet tapping (NYT, 2 July 2014) – The federal privacy board that sharply criticized the collection of the phone records of Americans by the National Security Agency has come to a starkly different conclusion about the agency’s exploitation of Internet connections in the United States to monitor foreigners communicating with one another abroad. That program, according to the Privacy and Civil Liberties Oversight Board, is largely in compliance with both the Constitution and a surveillance law that Congress passed six years ago. [T]he most recent report, adopted by the board on Wednesday, deals with what the agency calls “702 collection,” a reference to Section 702 of the Foreign Intelligence Surveillance Act, which was amended in 2008 after The New York Times revealed a program of warrantless wiretapping that the Bush administration started after the Sept. 11, 2001, attacks. “The Section 702 program has enabled the government to acquire a greater range of foreign intelligence than it otherwise would have been able to obtain – and to do so quickly and effectively,” the report said. While it found little value in the bulk collection of Americans’ telephone data, the board said that the 702 program, aimed at foreigners, “has proven valuable in the government’s efforts to combat terrorism as well as in other areas of foreign intelligence.” The program is also used to track nuclear proliferation and to monitor the calls and emails of foreign governments and their leaders. The report concluded that “monitoring terrorist networks under Section 702 has enabled the government to learn how they operate, and to understand their priorities, strategies and tactics.” In a sign of the Obama administration’s relief about the report’s conclusion, it was praised by James R. Clapper Jr., the director of national intelligence, who refused to talk publicly about the 702 programs before the Snowden disclosures. Mr. Clapper cited a section of the report that said the board was “impressed with the rigor of the government’s efforts to ensure that it acquires only those communications it is authorized to collect, and that it targets only those persons it is authorized to target.”

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Suing file-sharers doesn’t work, lawyers warn (TorrentFreak, 13 July 2015) – For more than a decade copyright holders and the U.S. Government have been trying to find the silver bullet to beat piracy. This week the American Bar Association joined the discussion with a 113-page white paper . With their “call for action” the lawyers encourage Congress to draft new anti-piracy legislation and promote voluntary agreements between stakeholders. Among the options on the table is the filing of lawsuits against individual file-sharers, something the RIAA did extensively in the past. Interestingly, the lawyers advise against this option as it’s unlikely to have an impact on current piracy rates. According to the lawyers these type of lawsuits are also financially ineffective, oftentimes costing more than they bring in. In addition, they can create bad PR for the copyright holders involved. “While it is technically possible for trademark and copyright owners to proceed with civil litigation against the consuming public who […] engage in illegal file sharing, campaigns like this have been expensive, do not yield significant financial returns, and can cause a public relations problem for the plaintiff in addressing its consuming public,” the lawyers write. [ Polley : see RIAA story below in “ Looking Back ”]

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FCC sets new rules for online video clips (The Hill, 11 July 2014) – Regulators are establishing new rules requiring closed captions for online video clips. The Federal Communications Commission (FCC) voted unanimously Friday to approve the rules from Chairman Tom Wheeler. Wheeler – signing along in American Sign Language – repeated a pledge he made at another closed captioning vote earlier this year. “This is just the beginning in dealing with our responsibility to make sure that individuals with special needs are in the front of the technology train, not the back of the technology train,” he said. Friday’s vote sets requirements for online video clips that have aired on television with closed captions, mimicking current requirements for full-length online videos that originally were broadcast with captions on television. The new requirements apply to video distributors like broadcasters and cable and satellite companies. Under the 2010 Twenty-First Century Communications and Video Accessibility Act, the FCC has the authority to require closed captions for online videos. In 2012, the agency created rules under that law that requires closed captions on full-length online videos that aired with captions on television. The rules approved Friday set staggered deadlines between 2016 and 2017 for clips taken straight from television, montages containing multiple clips and clips of live and near-live programming, like sports and news.

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Law firm files defamation action against former client who posted unflattering review on Yelp—and didn’t pay fees (MLPB, 8 July 2014) – A Texas law firm has filed a defamation lawsuit in response to the disparaging review of its services a former client posted on Yelp. The client, Joseph A. Browning, claims that the content of his post is accurate and has refused to pay the firm’s fees. The firm, Grissom & Thompson, of Austin, says it has no recourse now that Mr. Browning refuses to pay, but also wants him to remove the post. More herein an article in the Texas Lawyer. Read the firm’s complaint here. For interested readers, the Browning review is still available on Yelp, but I won’t link to it; you can easily find it by searching for it online. Mr. Browning is not the first person to be sued over a Yelp review. Last February, both a woman who reviewed a local contractor’s work,and the contractor who then responded to her review, were found liable for defamation.

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