cypherpunks-legacy
Threads by month
- ----- 2025 -----
- January
- ----- 2024 -----
- December
- November
- October
- September
- August
- July
- June
- May
- April
- March
- February
- January
- ----- 2023 -----
- December
- November
- October
- September
- August
- July
- June
- May
- April
- March
- February
- January
- ----- 2022 -----
- December
- November
- October
- September
- August
- July
- June
- May
- April
- March
- February
- January
- ----- 2021 -----
- December
- November
- October
- September
- August
- July
- June
- May
- April
- March
- February
- January
- ----- 2020 -----
- December
- November
- October
- September
- August
- July
- June
- May
- April
- March
- February
- January
- ----- 2019 -----
- December
- November
- October
- September
- August
- July
- June
- May
- April
- March
- February
- January
- ----- 2018 -----
- December
- November
- October
- September
- August
- July
- June
- May
- April
- March
- February
- January
- ----- 2017 -----
- December
- November
- October
- September
- August
- July
- June
- May
- April
- March
- February
- January
- ----- 2016 -----
- December
- November
- October
- September
- August
- July
- June
- May
- April
- March
- February
- January
- ----- 2015 -----
- December
- November
- October
- September
- August
- July
- June
- May
- April
- March
- February
- January
- ----- 2014 -----
- December
- November
- October
- September
- August
- July
- June
- May
- April
- March
- February
- January
- ----- 2013 -----
- December
- November
- October
- September
- August
- July
- June
- May
- April
- March
- February
- January
- ----- 2012 -----
- December
- November
- October
- September
- August
- July
- June
- May
- April
- March
- February
- January
- ----- 2011 -----
- December
- November
- October
- September
- August
- July
- June
- May
- April
- March
- February
- January
- ----- 2010 -----
- December
- November
- October
- September
- August
- July
- June
- May
- April
- March
- February
- January
- ----- 2009 -----
- December
- November
- October
- September
- August
- July
- June
- May
- April
- March
- February
- January
- ----- 2008 -----
- December
- November
- October
- September
- August
- July
- June
- May
- April
- March
- February
- January
- ----- 2007 -----
- December
- November
- October
- September
- August
- July
- June
- May
- April
- March
- February
- January
- ----- 2006 -----
- December
- November
- October
- September
- August
- July
- June
- May
- April
- March
- February
- January
- ----- 2005 -----
- December
- November
- October
- September
- August
- July
- June
- May
- April
- March
- February
- January
- ----- 2004 -----
- December
- November
- October
- September
- August
- July
- June
- May
- April
- March
- February
- January
- ----- 2003 -----
- December
- November
- October
- September
- August
- July
- June
- May
- April
- March
- February
- January
- ----- 2002 -----
- December
- November
- October
- September
- August
- July
- June
- May
- April
- March
- February
- January
- ----- 2001 -----
- December
- November
- October
- September
- August
- July
- June
- May
- April
- March
- February
- January
- ----- 2000 -----
- December
- November
- October
- September
- August
- July
- June
- May
- April
- March
- February
- January
- ----- 1999 -----
- December
- November
- October
- September
- August
- July
- June
- May
- April
- March
- February
- January
- ----- 1998 -----
- December
- November
- October
- September
- August
- July
- June
- May
- April
- March
- February
- January
- ----- 1997 -----
- December
- November
- October
- September
- August
- July
- June
- May
- April
- March
- February
- January
- ----- 1996 -----
- December
- November
- October
- September
- August
- July
- June
- May
- April
- March
- February
- January
- ----- 1995 -----
- December
- November
- October
- September
- August
- July
- June
- May
- April
- March
- February
- January
- ----- 1994 -----
- December
- November
- October
- September
- August
- July
- June
- May
- April
- March
- February
- January
- ----- 1993 -----
- December
- November
- October
- September
- August
- July
- June
- May
- April
- March
- February
- January
- ----- 1992 -----
- December
- November
- October
- September
July 2018
- 1371 participants
- 9656 discussions
============================================================
EDRI-gram
biweekly newsletter about digital civil rights in Europe
Number 5.3, 14 February 2007
============================================================
Contents
============================================================
1. Online police searches found illegal in Germany
2. MEPs support again the rules on defamation in Rome II
3. The ORG and FIPR week of e-voting events
4. Towards a committee for French on-line services regulation ?
5. European Central Bank found accountable in the SWIFT case
6. Belgium court backs decision against Google
7. European institutions try to impose a stronger position in the PNR debate
8. Bulgaria fails to protect citizen's personal data
9. House of Lords produces report against the AVMS directive
10. French Court decides on the sequel of Les Miserables
11. Recommended reading
12. Agenda
13. About
============================================================
1. Online police searches found illegal in Germany
============================================================
The German Federal Supreme Court (BGH) in Karlsruhe ruled, on 5 February,
that, according to the German Code of Criminal Procedure (StPO), online
police snooping was illegal.
As the court argued, StPO had no provisions to allow the authorities to
perform online snooping, the code allowing only overt searches.
Magistrate Ulrich Hebenstreit had already ruled against house searches
arguing that such searches had to take place in the presence of the person
affected. He emphasized that the data stored on computers could often be
confidential and compared online spying measures to electronic
eavesdropping.
The Protection of the Constitution Act on the German federal state of North
Rhine-Westphalia has recently included a provision that allows online PC
searches against which a complaint of unconstitutionality is presently being
prepared.
Consequently, Federal Minister of the Interior Wolfgang Schduble, is now
asking the legislators to create a legal basis for the criminal prosecutors
to perform online searches ,that he considers indispensable.
Jvrg Crozier, President of the German Criminal Police Office, asked also for
new legislation to support these actions and stated "We have to be able to
keep up with new technologies when unscrupulous criminals hide on the
Internet, where they can plan their attacks and prepare their criminal
actions."
At the same time, he wanted to assure the German citizens that they
shouldn't worry about the Government monitoring them in a way that would
violate their rights. "These measures will not even affect 99.9 percent of
the population."
Ziercke stated that the Internet was playing a major part in the war against
terrorism, child pornography, neo-Nazi propaganda and other types of crimes
but can also play an important role in committing those crimes.
"The Internet is the criminal platform of the future. In fact, it is the
criminal platform of today."
On the other hand, Burkhard Hirsch, the former vice president of the lower
chamber of Germany's Federal Parliament and a member of the opposition Free
Democratic Party (FDP), considers online search by the police of a PC
as "worse than a major eavesdropping operation." He declared to the German
newsmagazine DerSpiegel that spying a computer through the Internet is
a "more brutal form of intrusion" than previous criminal investigation
methods.
Surreptitious online searches of PCs are illegal (6.02.2007)
http://www.heise.de/english/newsticker/news/84867
German criminology czar believes that online searches
are urgently needed (7.02.2007)
http://www.heise.de/english/newsticker/news/84908
Germany outlaws secret police snooping (6.02.2007)
http://www.out-law.com/page-7737
EDRI-gram: Proposal of computers online searching in Germany (20.12.2006)
http://www.edri.org/edrigram/number4.24/computer-online-searching
============================================================
2. MEPs support again the rules on defamation in Rome II
============================================================
The European Parliament has voted in its second reading on the Rome II
Regulation to reintroduce the rules regarding the defamation by media or
publications via the Internet and other electronic networks. The Rome II
regulation is establishing the rules on the applicable law to
non-contractual obligations.
.
The member states and media organizations wanted a simple formula to be
introduced and not to apply the general principle - the applicable law to be
that of the country in which the defamed person lives. That would
practically mean that every media company would have to know the privacy and
defamation laws of every European country.
At the first reading in July 2005, MEPs had approved a compromise amendment
that regulated the violation of privacy by a printed or audiovisual media.
The Council decided to delete this provision from its Common Position. In
the vote in plenary, MEPs decided to reintroduce the same rules, as adopted
at the first reading.
The Parliament's amendment suggests that in the case of print or broadcast
media the law which should apply in disputes is the law of the country to
which the publication or broadcast is most directed. That must be determined
in particular by the language of the publication or broadcast or by sales or
audience size in a given country as a proportion of total sales or audience
size or by a combination of those factors. If that is not an easy fact to
determine, the relevant law will be the one of the country where editorial
control is exercised. This provision will apply also to publications via the
Internet and other electronic networks. Regarding the right to reply, the
applicable law should be the law of the country in which the publisher or
broadcaster has its habitual residence.
Strong disagreemnts between the Council and the Parliament still exist
especially on the defamantion rules. According to Commission Vice-President
Franco Frattini, who spoke before the vote, on the approved rules on
defamation, "there is no way they will get through" in the Council.
MEP Diana Wallis stated her satisfaction on the result of the vote, but also
warned: "We may not have reached the end of the story of Rome II; by again
passing these amendments there will almost certainly have to be a
conciliation process to iron out the final difficulties between the European
law-making institutions."
The text adopted by the Parliament should go now through the conciliation
procedure, where Member States and MEPs, equally represented, will have to
debate further to find a compromise and approve the Regulation.
Rome II: MEPs reintroduce rules on defamation (18.01.2006)
http://www.europarl.europa.eu/news/expert/infopress_page/008-1942-015-01-03…
01-20070112IPR01917-15-01-2007-2007-false/default_en.htm
European Parliament stands firm on cross-border defamation law(2.02.2007)
http://www.out-law.com/page-7726
EDRI-gram: Rome II: Applicable law and freedom of expression (29.06.2005)
http://www.edri.org/edrigram/number3.13/RomeII
EP Legislative Observatory Rome II file
http://www2.europarl.eu.int/oeil/file.jsp?id=235142
============================================================
3. The ORG and FIPR week of e-voting events
============================================================
Last week there were three e-voting events hosted in London by EDRI members,
the Open Rights Group (ORG) and the Foundation for Information Policy
Research (FIPR).
On 6 February guests saw a screening of the documentary film
"Hacking Democracy" which reveals in detail the failings of e-voting and
e-counting systems in the United States.
After the film a lively panel, chaired by ORG's e-voting co-ordinator Jason
Kitcat, discussed the film's implications particularly given e-voting pilots
planned in the UK for May 2007. On the panel were John Pugh MP (Liberal
Democrat); Russell Michaels, one of the film's co-directors and Dr Rebecca
Mercuri, an e-voting expert from the United States.
On 8 February there were two events which gathered, for the first time, a
wide array of e-voting experts and activists from around the world. In the
afternoon the European e-Voting Activism Workshop was started with a keynote
by Harri Hursti, a Finnish security expert who has demonstrated a number of
major security flaws in US election systems. Mr Hursti discussed how he
compromised an optical counting system to provide the finale for "Hacking
Democracy". He also shared his views on the wide variety of ways in which
e-voting and e-counting systems are vulnerable to fraud and error.
Subsequently experts from Belgium, France, Germany, Ireland, The Netherlands
and the United States presented the problems they were experiencing with the
introduction of e-voting in their countries. Attendees were struck by the
strong similarities between all the presentations:
- Governments would, with extremely weak standards in place, contract the
running and monitoring of elections to private companies;
- These companies would do minimal testing and withhold the results of those
tests;
- Problems and possible indications of fraud would arise during and after
elections. Further investigation would be impossible due to failings in the
technology and/or due to obstruction by vendors and government.
After the workshop's broad overview of e-voting, the evening event
"e-Voting: A challenge to democracy?" provided time for more detailed
presentations.
Margaret McGaley, the founder of Irish Citizens for Trustworthy e-Voting,
reported on the thus-far abortive attempts to introduce e-voting machines to
the Republic of Ireland. She noted that early in the process experts had
offered advice but weren't listened to. After pushing on at great expense
the Irish government were forced to create an Independent Commission on
Electronic Voting which found serious flaws in the Nedap voting machines and
software purchased.
Dr Anne-Marie Oostveen, a founder of the Dutch "We don't trust voting
computers" foundation, reported how in the Netherlands the government
position went from 'trust us' to uncertainty. "We don't trust voting
computers" demonstrated on national TV several important hacks on the Nedap
machines used in the majority of Dutch municipalities. The result was the
withdrawal of SDU machines from elections and the creation of an independent
commission to examine the voting process.
Colm MacCarthaigh, a founding member of Irish Citizens for Trustworthy
e-voting, now following the Dutch situation since it has become resident in
The Netherlands, tied together the Dutch and Irish stories. He commented on
how the Irish independent commission's report had provided information on
the Nedap machines which had helped the Dutch activists find flaws more
quickly. The successful Dutch hacks, in their turn, helped apply more
pressure on the Irish government.
Dr Rebecca Mercuri presented the latest developments concerning voting
technology in the United States. She noted how vendors, when forced to
create voter-verified paper audit trails, had created unreliable, barely
usable systems which had created new problems of their own. In place of
e-voting machines Ms Mercuri advocated the use of paper ballots, perhaps
optically or barcode scanned. To conclude Ms Mercuri argued that Internet
voting, as proposed for the UK's 2007 pilots, was an inherently flawed
technology that should not be pursued.
One question which kept being asked after every one of our events was, why
are governments pushing so hard for e-voting technology when the problems
are so evident? We just don't understand it.
The events ended with the activists resolved to meet more often and
collaborate through a newly formed umbrella grouping, 'Europeans for
Verifiable Elections'. The Open Rights Group will continue its campaign
against e-voting in the UK and our sister organisations will carry on their
work across Europe.
Audio, video and slides from the events will be available soon
http://www.openrightsgroup.org
Europeans for Verifiable Elections
http://www.efve.eu
(Contribution by Jason Kitcat - EDRI-member Open Rights Group)
============================================================
4. Towards a committee for French on-line services regulation ?
============================================================
French Internet regulation history seems to repeat itself, as shows a
recently unveiled administrative decree project, which aims at
creating a "National Commission for the deontology of on-line public
communication services".
The Commission would be in charge of elaborating "deontological
recommendations" towards professional on- line communication services,
including fixed and mobile telecom operators, ISPs, publishing and
distributing services. The Commission would also be in charge of attributing
"quality labels" to these services.
However, these recommendations would also indirectly apply
to the users of these services, through subscribing contractual
clauses, especially since a "quality label" may be withdrawn by the
Commission when it is found that "deontological recommendations" are not
respected. The Commission should include of 23 members nominated by the
French Prime minister for 5 years. Besides representatives of different
ministries, one magistrate and one member of the French Conseil d'Etat, the
Commission should include 14 members representing both - and in parity -
online communication services users and professionals.
French digital rights organizations have soon denounced this new
attempt of censorship. EDRI member IRIS notes that this proposal
sounds very similar to the first attempt of Internet regulation in
France in... 1996, through what was popularly called the "Fillon
Amendment" to the Telecom law. This amendment was found
unconstitutional in July 1996, and then its major provisions were
censored since, according to article 34 of the Constitution,
fundamental freedoms may only be limited by the legislator, while in
this case there were no specified binding principles for recommendations
to be made by an administrative Commission, with strong impact on
freedom of expression.
IRIS reminds that these arguments from the Constitutional council examining
the 1996 law still apply and may well be reused against a 2007
administrative decree before the competent jurisdiction.
Draft of administrative decree (in French only, 07.02.2007)
http://odebi.org/docs/Projetdecretcommissiondeontologie.pdf
Polemics on the regulation of French Internet (in French only, 09.02.2007)
http://www.01net.com/editorial/341006/legislation/polemique-autour-de-la-re…
lation-de-l-internet-francais/
APRIL Press release - Internet Regulation : always the good old
methods...(in French only, 12.02.2007)
http://www.april.org/articles/communiques/pr-20070212.html
IRIS Press release - + Fillon Amendment ; 2.0 : help, the public expression
+deontology ; returns ! (in French only, 14.02.2007)
http://www.iris.sgdg.org/info-debat/comm-deontologie0207.html
(Contribution by Meryem Marzouki, EDRI-member IRIS - France)
============================================================
5. European Central Bank found accountable in the SWIFT case
============================================================
On 1 February, Peter Hustinx, the European Data Protection Supervisor (EDPS)
gave his opinion on the role of the European Central Bank (ECB) in the SWIFT
case, considering the bank as accountable along with SWIFT for failing
compliance with the European privacy laws in the secret US investigation
into terrorist finances.
By using SWIFT's services in its own payment operations, the ECB has become
a joint controller being thus co-responsible in ensuring compliance with
data protection rules, meaning observing the purpose limitation principle,
informing to data subjects, and ensuring guarantees at the transfer of
personal data to third countries.
"Just as other banks, the ECB can not escape some responsibilities in the
SWIFT case which has breached the trust and private lives of many millions
of people. Secret, routine and massive access of third country authorities
to banking data is unacceptable. The financial community should therefore
provide payment systems which do not violate European data protection laws"
affirmed Hustinx in a written statement. He gave the ECB until April to
demonstrate that it complies with data protection laws.
However, the ECB does not admit any responsibility in the matter considering
data protection was not its concern but financial stability was. It also
considers the legislators should have given clearer guidance.
"The monitoring of SWIFT activities that do not affect financial stability
is not a matter for central bank oversight and, therefore, the US Treasury
subpoenas of SWIFT were outside the purview of central bank oversight. The
Oversight Group has no authority to oversee SWIFT with regard to compliance
with data protection laws," was ECB statement.
The bank said it would notify the organisations for whom it conducts
transactions and ask for their consent before sharing their data. It also
appreciated the initative of the EU and US data protection authorities,
intelligence agencies and financial regulators to find a way to properly
monitor international organisations like SWIFT.
The EDPS also addressed the ECB asking them to transfer data to third
parties only when they can guarantee the privacy protection of the owners of
the data transferred. The punitive actions that Hustinx could take against
ECB are limited. As SWIFT has no credible alternative, asking the ECB to
stop using their services would not be a reasonable measure.
EDPS calls on ECB to ensure that European payment systems comply with data
protection law - Press release (1.02.2007)
http://www.edps.europa.eu/EDPSWEB/webdav/site/mySite/shared/Documents/EDPS/…
essNews/Press/2007/EDPS-2007-1-EN_SWIFT.pdf
ECB blamed (again) for SWIFT privacy debacle (1.02.2007)
http://www.theregister.co.uk/2007/02/01/ecb_swift_edps/
Hands off our bank data, Europe tells US (23.11.2006)
http://www.theregister.co.uk/2006/11/23/ec_swift_ruling/
EDRI-gram: SWIFT found in breach of Belgian laws (11.10.2006)
http://www.edri.org/edrigram/number4.19/swift
============================================================
6. Belgium court backs decision against Google
============================================================
In the case brought by Copiepresse, a trade group representing 17 Belgium
newspapers, against Google for publishing links to newspaper articles
without permission, the Brussels Tribunal upheld its previous decision and
ruled that Google violated the copyright law.
Google was ordered to remove Belgian newspaper content from its search
engine results. The search engine is no longer allowed to refer to articles,
pictures or drawings of Copiepress members without previous agreements that
are to be negociated, non-compliance being fined by 25 000 Euros per day.
The ruling also says that any other copyright holder could get in touch
with Google and notify its copyright infringement. In this case Google has
to remove the content within 24 hours or pay a 1 000 euros a day fine.
Google will appeal the judgment as it considers that making reference to a
page is no violation of the law and is actually in favour of the Belgian
newspapers by sending Internet users to their websites.
"Search tools such as Google Web Search and Google News are of real benefit
to publishers because they drive valuable traffic to their websites and
connect them to a wider global audience," said the Google spokeswoman.
Some Belgian journalists have also considered that the court ruling will
lead to newspapers loosing readers as the traditional print newspapers are
in decline.
"We want more readers, not less readers. Belgian newspapers will not make
the internet work by trying to stand against the tide of global change,"
said a journalist.
The Belgium press plays at who gains looses with Google (Only in
French13.02.2007)
http://www.lemonde.fr/web/article/0,1-0@2-651865,36-866673@51-837044,0.html
Google must respect copyright (Only in French 13.02.2007)
http://www.rtbf.be/info/societe/ARTICLE_070337
Google to pay #2.4m over 'copyright breach' (13.02.2007)
http://www.telegraph.co.uk/news/main.jhtml?xml=/news/2007/02/13/wgoogle113.…
l
Google will appeal Copiepresse decision (13.02.2007)
http://www.out-law.com/page-7758
Belgian Court Decision (13.02.2007)
http://www.copiepresse.be/copiepresse_google.pdf
EDRI-gram : Belgium says no to Google News (26.09.2006)
http://www.edri.org/edrigram/number4.18/google_be
============================================================
7. European institutions try to impose a stronger position in the PNR debate
============================================================
The European Parliament intends to strengthen its opposition to the US
demands related to the transfer of European air passenger data (PNR).
Following the debate that took place on 31 January 2007 in the European
Parliament, the vote on the position that EU should have concerning the new
PNR agreement to be signed with USA on 31 July 2007 was delayed.
The end of the temporary agreement with the US gets closer and the US
maintain their threat to fine non-compliant airlines and deny them the
landing rights in the US. The American authorities already indicated that
they had no intention of changing the terms of the agreement to a better
data protection and privacy standards.
The Commission and the Council of Ministers have come to join the EP in its
position to this matter and they are very likely to ask for a shorter list
of data categories and the limitation of the access to these data only to US
immigration officers.
Very strong positions were expressed during the session by Guenther Gloser,
Germany's deputy foreign minister and the European commissioner in charge of
justice and home affairs issues, Franco Frattini.
"There is therefore the need to negotiate a very solid and stable legal
framework which will enable the exchange of PNR data with the United States
with full respect of data protection and privacy rights." said Frattini.
He expressed his concern related to the U.S. Automated Targeting System,
system by means of which millions of people have been assessed since 2002,
information made public only recently. The system is considered illegal even
in US by the Congress and some privacy advocates.
The Commissioner also added: "I have said on a number of occasions that the
right to privacy is for me non-negotiable. It has to be respected, fully and
completely. Legal certainty is also an important element for air-carriers.
It must be taken into account, as it has been from the very beginning. ..the
Commission is committed to continuing to give due consideration to privacy
on the one hand and legal security on the other, as they form key principles
of this file, without forgetting the importance of preventing and fighting
terrorism and related transnational crimes."
He also stressed the fact that the negotiations would be very challenging
requiring imagination and effort both from EU institutions as well as from
the US "in order to reach a very robust, solid solution."
In the absence of an agreement, the airlines will be placed in a very
delicate situation between being fined by US for failing to provide the data
or sued for non-complying with European data protection laws in case they do
so.
New developments in this matter will probably occur during this week's EP
session.
Data transfer to US: MEPs raise pressure (1.02.2007)
http://www.euractiv.com/en/justice/data-transfer-us-meps-raise-pressure/art…
le-161367
Europe preps for battle with U.S. over traveller data (1.02.2007)
http://www.infoworld.com/article/07/02/01/HNbattleontravelerdata_1.html
European Parliament: Joint debate on a new agreement on Passenger Name
Records (PNR) and on SWIFT data (31.01.2007)
http://www.euractiv.com/29/images/PNR+SWIFT_tcm29-161379.pdf
EDRI-gram : EU-US PNR agreement formally adopted by the EU Council
(25.10.2006)
http://www.edri.org/edrigram/number4.20/pnr
============================================================
8. Bulgaria fails to protect citizen's personal data
============================================================
A recent report made public by the Bulgarian National Audit Office about the
activity of the Commission for Personal Data Protection (CPDP) in Bulgaria
in the period 1 January 2003 - 31 December 2005 shows that CPDP has failed
in achieving its main purpose - to protect the citizen's personal data.
Parts of the National Audit Office report have been translated by Bulgarian
NGO Access to Information Programme and published on Statewatch. According
to the report, the CDPD has spent approx. 1.35 million Euro for its
activities, but has completed only 17 investigations at citizens'
complaints. The Commission has failed in creating the mandatory registry of
personal data processors and hasn't imposed any sanction so far.
Moreover, there is no policy in place, strategy or established goals for the
personal data protection field. The National Audit Office has considered
that CPDP did not function as a permanent working body since the main part
of its staff has predominantly maintained working relations with other
employers.
The report noted that no legal provisions regulates the registration
procedure, and the CPDP had not adopted written rules, procedures and
methodology for exercising control over the activities of the
administrators. The objects of control, the types of control activities and
their scope are not explicitly defined, the powers of the controllers are
defined vaguely and incompletely.
The flaws of the present data protection legislation and its implementation
have been highlighted by Access to Information Programme. The insufficient
protection of personal data in Bulgaria was criticized in the European
Commission monitoring reports in the pre-accession process, as well.
Bulgaria: The Commission for Personal Data Protection in Bulgaria has done
little for the protection of personal data - 1.35 million. Euro were spent
instead (01.02.2007)
http://www.statewatch.org/news/2007/feb/01bulgaria-dp.htm
Audit Report of the CDPD (only in Bulgarian, 30.01.2007)
http://www.bulnao.government.bg/pages.html?catID=18
Access to Information Programme - Bulgaria
http://www.aip-bg.org
============================================================
9. House of Lords produces report against the AVMS directive
============================================================
A report of the Lords European Union Committee offered new reasons to oppose
the Commission's draft Audiovisual Media Services Directive (AVMS),
successor of the Television Without Frontiers Directive, that will extend
television regulation to some Internet video services.
The Directive was approved in its first reading by the Parliament in
December 2006 and should be backed now by the Council of Ministers.
The Directive, as it is now drafted, applies only to commercial TV-like
services, but concerns still exist on the vagueness of what this would cover
and the fear that the regulation might be wrongly applied to other content
such as that of blogs.
Lord Freeman, chairman of the Lords European Union Committee stated: "Such
an attempt risks damaging the new media industry, which is a vibrant and
important sector of the UK's economy."
The report warned that the Directive might cause production companies
outside of the EU to try and escape the regulation, considering UK would be
one of the main victims of this action.
The Lords committee considers that EU as regulator should not help to
preserve the dominance of the players already established on the market and
does not see the necessity to introduce "quantitative restrictions on
advertising in a market which is now clearly open to competition".
"We are concerned that the identification of some of media services as
'television-like', may lead some to conclude that eventually 'like services'
should be regulated in a 'like-manner', i.e. a perfectly 'level playing
field'," said the report. "If these services are to be included at all we
agree that they must be regulated differently, but the wording and
definitions in the latest versions of the text may encourage the idea that
they can and should be regulated in the same way as television. We would
consider such a move now or in the future to be a grave error."
The EU presidency, presently hold by Germany, expressed its wish to finalise
the Directive by June 2007. The new act should be implemented within 2 years
into the national legislations of the member countries.
Television Without Frontiers - Report with Evidence - House of Lords -
European Union Committee, 3rd Report of Session 2006-07 (23.01.2007)
http://www.publications.parliament.uk/pa/ld200607/ldselect/ldeucom/27/27.pdf
Lords oppose new media Directive (8.02.2007)
http://www.out-law.com/page-7742
EDRI-gram: New Audiovisual Directive: First Reading in EU Parliament
completed (20.12.2006)
http://www.edri.org/edrigram/number4.24/avms
EP Legislative Observatory AVMS Directive file
http://www.europarl.europa.eu/oeil/file.jsp?id=5301252
============================================================
10. French Court decides on the sequel of Les Miserables
============================================================
The French Cour de Cassation (the highest Appeal Court in France) has taken
a decision regarding a sequel of the famous French book Les Miserables,
that was contested by one of the descendants of Victor Hugo. The Court
has refused to ban the appearance of the sequel and has taken into
consideration the right of adaptation and not just the moral right of
integrity. However, the procedure is not over yet.
The case started six years ago when the great-great-grandson of Victor
Hugo, Pierre Hugo, considered that two books published and marketed by Plon
publisher as the sequels of the famous "Les Miserables" were breaching
the moral rights of the author.
Victor Hugo's masterpiece is in the public domain, but, under the French
law, the moral rights of the author are considered timeless and are passed
on to descendants.
The Court of Appeal decided in March 2004 that Hugo's heirs were right in
their demands and condemned Plan in paying a symbolic 1 Euro as damages.
The Appeal Court considered that no sequel could be made on such a
masterpiece as Les Miserables, without breaching the moral right of the
author, that thought that his work was complete. However, Plon appealed the
decision to the Cour de Cassation.
The Cour de Cassation has reached a different conclusion. It considered that
a sequel of a work is mainly related with the right of adaptation, which is
one of the limited rights of the author (seventy years after its
death) contrary to the moral rights that are timeless. Since the work is in
the public domain, anyone has the right to write a sequel of that work. A
different opinion would mean the extension of this limited right and a
violation if the freedom to create new works. Therefore the mere writing of
a sequel could not be considered a breach of the moral rights of a work,
irrespective of the work quality.
Consequently, the case was sent back to the Court of Appeal, where
different judges should consider if the twobooks are really infringing the
moral rights of the author.
Les Misirables, sequel or end ? (only in French, 2.02.2007)
http://www.lesechos.fr/info/metiers/4532468.htm
Heir of Victor Hugo fails to stop Les Mis II (31.01.2007)
http://www.guardian.co.uk/international/story/0,,2002303,00.html
============================================================
11. Recommended reading
============================================================
Data Protection Working Party - Opinion 1/2007 on the Green Paper on
Detection Technologies in the Work of Law Enforcement, Customs and other
Security Authorities
http://ec.europa.eu/justice_home/fsj/privacy/docs/wpdocs/2007/wp129_en.pdf
============================================================
12. Agenda
============================================================
15-16 February 2007, Brussels, Belgium
Scientific Publishing in the European Research Area
Access, Dissemination and Preservation in the Digital Age
http://ec.europa.eu/research/science-society/page_en.cfm?id=3459
19-23 February 2007, Geneva, Switzerland
Provisional Committee on Proposals Related to a WIPO Development Agenda:
Third Session
http://www.wipo.int/meetings/en/details.jsp?meeting_id=11926
18-20 February 2007, Salamanca, Spain
International Association for Development of the
Information Society Web Based Communities 2007 Conference
http://www.webcommunities-conf.org
22 February 2007, Amsterdam, Netherlands
The Future of Ambient Intelligence
http://www.clubofamsterdam.com/event.asp?contentid=653
13-14 March 2007 Brussels, Belgium
The EU RFID Forum 2007
http://ec.europa.eu/information_society/policy/rfid/conference2007_reg/inde…
en.htm
16 March 2007, Hannover, Germany
European Commission conference on Mobile TV at CeBIT
http://ec.europa.eu/information_society/events/cebit_07/index_en.htm
1-4 May 2007, Montreal, Canada
7th Conference on Computers, Freedom, and Privacy (CFP2007)
http://www.cfp2007.org/live/
18-19 May 2007, Brasov, Romania
eLiberatica - The Benefits of Open and Free Technologies - Romanian IT Open
Source and Free Software Conference
http://www.eliberatica.ro/
============================================================
13. About
============================================================
EDRI-gram is a biweekly newsletter about digital civil rights in Europe.
Currently EDRI has 25 members from 16 European countries.
European Digital Rights takes an active interest in developments in the EU
accession countries and wants to share knowledge and awareness through the
EDRI-grams. All contributions, suggestions for content, corrections or
agenda-tips are most welcome. Errors are corrected as soon as possible and
visibly on the EDRI website.
Except where otherwise noted, this newsletter is licensed under the
Creative Commons Attribution 2.0 License. See the full text at
http://creativecommons.org/licenses/by/2.0/
Newsletter editor: Bogdan Manolea <edrigram(a)edri.org>
Information about EDRI and its members:
http://www.edri.org/
- EDRI-gram subscription information
subscribe by e-mail
To: edri-news-request(a)edri.org
Subject: subscribe
You will receive an automated e-mail asking to confirm your request.
unsubscribe by e-mail
To: edri-news-request(a)edri.org
Subject: unsubscribe
- EDRI-gram in Macedonian
EDRI-gram is also available partly in Macedonian, with delay. Translations
are provided by Metamorphosis
http://www.metamorphosis.org.mk/edrigram-mk.php
- EDRI-gram in German
EDRI-gram is also available in German, with delay. Translations are provided
Andreas Krisch from the EDRI-member VIBE!AT - Austrian Association for
Internet Users
http://www.unwatched.org/
- Newsletter archive
Back issues are available at:
http://www.edri.org/edrigram
- Help
Please ask <edrigram(a)edri.org> if you have any problems with subscribing or
unsubscribing.
----- End forwarded message -----
--
Eugen* Leitl <a href="http://leitl.org">leitl</a> http://leitl.org
______________________________________________________________
ICBM: 48.07100, 11.36820 http://www.ativel.com
8B29F6BE: 099D 78BA 2FD3 B014 B08A 7779 75B0 2443 8B29 F6BE
[demime 1.01d removed an attachment of type application/pgp-signature which had a name of signature.asc]
1
0
CRYPTO-GRAM
August 15, 2009
by Bruce Schneier
Chief Security Technology Officer, BT
schneier(a)schneier.com
http://www.schneier.com
A free monthly newsletter providing summaries, analyses, insights, and
commentaries on security: computer and otherwise.
For back issues, or to subscribe, visit
<http://www.schneier.com/crypto-gram.html>.
You can read this issue on the web at
<http://www.schneier.com/crypto-gram-0908.html>. These same essays
appear in the "Schneier on Security" blog:
<http://www.schneier.com/blog>. An RSS feed is available.
** *** ***** ******* *********** *************
In this issue:
Risk Intuition
Privacy Salience and Social Networking Sites
Building in Surveillance
News
Laptop Security while Crossing Borders
Self-Enforcing Protocols
Schneier News
Another New AES Attack
Lockpicking and the Internet
Comments from Readers
** *** ***** ******* *********** *************
Risk Intuition
People have a natural intuition about risk, and in many ways it's very
good. It fails at times due to a variety of cognitive biases, but for
normal risks that people regularly encounter, it works surprisingly
well: often better than we give it credit for. This struck me as I
listened to yet another conference presenter complaining about security
awareness training. He was talking about the difficulty of getting
employees at his company to actually follow his security policies:
encrypting data on memory sticks, not sharing passwords, not logging in
from untrusted wireless networks. "We have to make people understand the
risks," he said.
It seems to me that his co-workers understand the risks better than he
does. They know what the real risks are at work, and that they all
revolve around not getting the job done. Those risks are real and
tangible, and employees feel them all the time. The risks of not
following security procedures are much less real. Maybe the employee
will get caught, but probably not. And even if he does get caught, the
penalties aren't serious.
Given this accurate risk analysis, any rational employee will regularly
circumvent security to get his or her job done. That's what the company
rewards, and that's what the company actually wants.
"Fire someone who breaks security procedure, quickly and publicly," I
suggested to the presenter. "That'll increase security awareness faster
than any of your posters or lectures or newsletters." If the risks are
real, people will get it.
You see the same sort of risk intuition on motorways. People are less
careful about posted speed limits than they are about the actual speeds
police issue tickets for. It's also true on the streets: people respond
to real crime rates, not public officials proclaiming that a
neighborhood is safe.
The warning stickers on ladders might make you think the things are
considerably riskier than they are, but people have a good intuition
about ladders and ignore most of the warnings. (This isn't to say that
some people don't do stupid things around ladders, but for the most part
they're safe. The warnings are more about the risk of lawsuits to ladder
manufacturers than risks to people who climb ladders.)
As a species, we are naturally tuned in to the risks inherent in our
environment. Throughout our evolution, our survival depended on making
reasonably accurate risk management decisions intuitively, and we're so
good at it, we don't even realize we're doing it.
Parents know this. Children have surprisingly perceptive risk intuition.
They know when parents are serious about a threat and when their threats
are empty. And they respond to the real risks of parental punishment,
not the inflated risks based on parental rhetoric. Again, awareness
training lectures don't work; there have to be real consequences.
It gets even weirder. The University College London professor John Adams
popularized the metaphor of a mental risk thermostat. We tend to seek
some natural level of risk, and if something becomes less risky, we tend
to make it more risky. Motorcycle riders who wear helmets drive faster
than riders who don't.
Our risk thermostats aren't perfect (that newly helmeted motorcycle
rider will still decrease his overall risk) and will tend to remain
within the same domain (he might drive faster, but he won't increase his
risk by taking up smoking), but in general, people demonstrate an innate
and finely tuned ability to understand and respond to risks.
Of course, our risk intuition fails spectacularly and often, with
regards to rare risks, unknown risks, voluntary risks, and so on. But
when it comes to the common risks we face every day -- the kinds of
risks our evolutionary survival depended on -- we're pretty good.
So whenever you see someone in a situation who you think doesn't
understand the risks, stop first and make sure you understand the risks.
You might be surprised.
This essay previously appeared in The Guardian.
http://www.guardian.co.uk/technology/2009/aug/05/bruce-schneier-risk-securi…
or http://tinyurl.com/ngu224
Risk thermostat:
http://www.amazon.com/Risk-John-Adams/dp/1857280687/ref=sr_1_1?ie=UTF8&…
or http://tinyurl.com/kwmuz9
http://davi.poetry.org/blog/?p=4492
Failures in risk intuition
http://www.schneier.com/essay-155.html
http://www.schneier.com/essay-171.html
** *** ***** ******* *********** *************
Privacy Salience and Social Networking Sites
Reassuring people about privacy makes them more, not less, concerned.
It's called "privacy salience," and Leslie John, Alessandro Acquisti,
and George Loewenstein -- all at Carnegie Mellon University --
demonstrated this in a series of clever experiments. In one, subjects
completed an online survey consisting of a series of questions about
their academic behavior -- "Have you ever cheated on an exam?" for
example. Half of the subjects were first required to sign a consent
warning -- designed to make privacy concerns more salient -- while the
other half did not. Also, subjects were randomly assigned to receive
either a privacy confidentiality assurance, or no such assurance. When
the privacy concern was made salient (through the consent warning),
people reacted negatively to the subsequent confidentiality assurance
and were less likely to reveal personal information.
In another experiment, subjects completed an online survey where they
were asked a series of personal questions, such as "Have you ever tried
cocaine?" Half of the subjects completed a frivolous-looking survey --
How BAD are U??" -- with a picture of a cute devil. The other half
completed the same survey with the title "Carnegie Mellon University
Survey of Ethical Standards," complete with a university seal and
official privacy assurances. The results showed that people who were
reminded about privacy were less likely to reveal personal information
than those who were not.
Privacy salience does a lot to explain social networking sites and their
attitudes towards privacy. From a business perspective, social
networking sites don't want their members to exercise their privacy
rights very much. They want members to be comfortable disclosing a lot
of data about themselves.
Joseph Bonneau and Soeren Preibusch of Cambridge University have been
studying privacy on 45 popular social networking sites around the world.
(You may not have realized that there *are* 45 popular social networking
sites around the world.) They found that privacy settings were often
confusing and hard to access; Facebook, with its 61 privacy settings, is
the worst. To understand some of the settings, they had to create
accounts with different settings so they could compare the results.
Privacy tends to increase with the age and popularity of a site.
General-use sites tend to have more privacy features than niche sites.
But their most interesting finding was that sites consistently hide any
mentions of privacy. Their splash pages talk about connecting with
friends, meeting new people, sharing pictures: the benefits of
disclosing personal data.
These sites do talk about privacy, but only on hard-to-find privacy
policy pages. There, the sites give strong reassurances about their
privacy controls and the safety of data members choose to disclose on
the site. There, the sites display third-party privacy seals and other
icons designed to assuage any fears members have.
It's the Carnegie Mellon experimental result in the real world. Users
care about privacy, but don't really think about it day to day. The
social networking sites don't want to remind users about privacy, even
if they talk about it positively, because any reminder will result in
users remembering their privacy fears and becoming more cautious about
sharing personal data. But the sites also need to reassure those
"privacy fundamentalists" for whom privacy is always salient, so they
have very strong pro-privacy rhetoric for those who take the time to
search them out. The two different marketing messages are for two
different audiences.
Social networking sites are improving their privacy controls as a result
of public pressure. At the same time, there is a counterbalancing
business pressure to decrease privacy; watch what's going on right now
on Facebook, for example. Naively, we should expect companies to make
their privacy policies clear to allow customers to make an informed
choice. But the marketing need to reduce privacy salience will frustrate
market solutions to improve privacy; sites would much rather obfuscate
the issue than compete on it as a feature.
This essay originally appeared in the Guardian.
http://www.guardian.co.uk/technology/2009/jul/15/privacy-internet-facebook
or http://tinyurl.com/ml7kv4
Privacy experiments:
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1430482
Privacy and social networking sites:
http://www.cl.cam.ac.uk/~jcb82/doc/privacy_jungle_bonneau_preibusch.pdf
Facebook:
http://www.insidefacebook.com/2009/05/13/facebook-privacy-guide/
http://www.nytimes.com/external/readwriteweb/2009/06/24/24readwriteweb-the-…
or http://tinyurl.com/lgpfh8
http://www.allfacebook.com/2009/02/facebook-privacy
** *** ***** ******* *********** *************
Building in Surveillance
China is the world's most successful Internet censor. While the Great
Firewall of China isn't perfect, it effectively limits information
flowing in and out of the country. But now the Chinese government is
taking things one step further.
Under a requirement taking effect soon, every computer sold in China
will have to contain the Green Dam Youth Escort software package.
Ostensibly a pornography filter, it is government spyware that will
watch every citizen on the Internet.
Green Dam has many uses. It can police a list of forbidden Web sites. It
can monitor a user's reading habits. It can even enlist the computer in
some massive botnet attack, as part of a hypothetical future cyberwar.
China's actions may be extreme, but they're not unique. Democratic
governments around the world -- Sweden, Canada and the United Kingdom,
for example -- are rushing to pass laws giving their police new powers
of Internet surveillance, in many cases requiring communications system
providers to redesign products and services they sell.
Many are passing data retention laws, forcing companies to keep
information on their customers. Just recently, the German government
proposed giving itself the power to censor the Internet.
The United States is no exception. The 1994 CALEA law required phone
companies to facilitate FBI eavesdropping, and since 2001, the NSA has
built substantial eavesdropping systems in the United States. The
government has repeatedly proposed Internet data retention laws,
allowing surveillance into past activities as well as present.
Systems like this invite criminal appropriation and government abuse.
New police powers, enacted to fight terrorism, are already used in
situations of normal crime. Internet surveillance and control will be no
different.
Official misuses are bad enough, but the unofficial uses worry me more.
Any surveillance and control system must itself be secured. An
infrastructure conducive to surveillance and control invites
surveillance and control, both by the people you expect and by the
people you don't.
China's government designed Green Dam for its own use, but it's been
subverted. Why does anyone think that criminals won't be able to use it
to steal bank account and credit card information, use it to launch
other attacks, or turn it into a massive spam-sending botnet?
Why does anyone think that only authorized law enforcement will mine
collected Internet data or eavesdrop on phone and IM conversations?
These risks are not theoretical. After 9/11, the National Security
Agency built a surveillance infrastructure to eavesdrop on telephone
calls and e-mails within the United States.
Although procedural rules stated that only non-Americans and
international phone calls were to be listened to, actual practice didn't
always match those rules. NSA analysts collected more data than they
were authorized to, and used the system to spy on wives, girlfriends,
and famous people such as President Clinton.
But that's not the most serious misuse of a telecommunications
surveillance infrastructure. In Greece, between June 2004 and March
2005, someone wiretapped more than 100 cell phones belonging to members
of the Greek government -- the prime minister and the ministers of
defense, foreign affairs and justice.
Ericsson built this wiretapping capability into Vodafone's products, and
enabled it only for governments that requested it. Greece wasn't one of
those governments, but someone still unknown -- a rival political party?
organized crime? -- figured out how to surreptitiously turn the feature on.
Researchers have already found security flaws in Green Dam that would
allow hackers to take over the computers. Of course there are additional
flaws, and criminals are looking for them.
Surveillance infrastructure can be exported, which also aids
totalitarianism around the world. Western companies like Siemens, Nokia,
and Secure Computing built Iran's surveillance infrastructure. U.S.
companies helped build China's electronic police state. Twitter's
anonymity saved the lives of Iranian dissidents -- anonymity that many
governments want to eliminate.
Every year brings more Internet censorship and control -- not just in
countries like China and Iran, but in the United States, the United
Kingdom, Canada and other free countries.
The control movement is egged on by both law enforcement, trying to
catch terrorists, child pornographers and other criminals, and by media
companies, trying to stop file sharers.
It's bad civic hygiene to build technologies that could someday be used
to facilitate a police state. No matter what the eavesdroppers and
censors say, these systems put us all at greater risk. Communications
systems that have no inherent eavesdropping capabilities are more secure
than systems with those capabilities built in.
This essay previously appeared -- albeit with fewer links -- on the
Minnesota Public Radio website.
http://minnesota.publicradio.org/display/web/2009/07/30/schneier/
A copy of this essay, with all embedded links, is here:
http://www.schneier.com/blog/archives/2009/08/building_in_sur.html
** *** ***** ******* *********** *************
News
Data can leak through power lines; the NSA has known about this for decades:
http://news.bbc.co.uk/2/hi/technology/8147534.stm
These days, there's a lot of open research on side channels.
http://www.schneier.com/blog/archives/2008/10/remotely_eavesd.html
http://www.schneier.com/blog/archives/2009/06/eavesdropping_o_3.html
http://www.schneier.com/paper-side-channel.html
South Africa takes its security seriously. Here's an ATM that
automatically squirts pepper spray into the faces of "people tampering
with the card slots." Sounds cool, but these kinds of things are all
about false positives:
http://www.guardian.co.uk/world/2009/jul/12/south-africa-cash-machine-peppe…
or http://tinyurl.com/nj5zks
Cybercrime paper: "Distributed Security: A New Model of Law
Enforcement," Susan W. Brenner and Leo L. Clarke. It's from 2005, but
I'd never seen it before.
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=845085
Cryptography has zero-knowledge proofs, where Alice can prove to Bob
that she knows something without revealing it to Bob. Here's something
similar from the real world. It's a research project to allow weapons
inspectors from one nation to verify the disarming of another nation's
nuclear weapons without learning any weapons secrets in the process,
such as the amount of nuclear material in the weapon.
http://news.bbc.co.uk/2/hi/europe/8154029.stm
I wrote about mapping drug use by testing sewer water in 2007, but
there's new research:
http://www.schneier.com/blog/archives/2009/07/mapping_drug_us.html
Excellent article detailing the Twitter attack.
http://www.techcrunch.com/2009/07/19/the-anatomy-of-the-twitter-attack/
or http://tinyurl.com/lderkq
Social Security numbers are not random. In some cases, you can predict
them with date and place of birth.
http://www.nhregister.com/articles/2009/07/07/news/a1_--_id_theft.txt
http://redtape.msnbc.com/2009/07/theres-a-new-reason-to-worry-about-the-sec…
or http://tinyurl.com/n8o7kf
http://www.wired.com/wiredscience/2009/07/predictingssn/
http://www.cnn.com/2009/US/07/10/social.security.numbers/index.html
http://www.pnas.org/content/106/27/10975
http://www.pnas.org/content/early/2009/07/02/0904891106.full.pdf
http://www.heinz.cmu.edu/~acquisti/ssnstudy/
I don't see any new insecurities here. We already know that Social
Security numbers are not secrets. And anyone who wants to steal a
million SSNs is much more likely to break into one of the gazillion
databases out there that store them.
NIST has announced the 14 SHA-3 candidates that have advanced to the
second round: BLAKE, Blue Midnight Wish, CubeHash, ECHO, Fugue, Grostl,
Hamsi, JH, Keccak, Luffa, Shabal, SHAvite-3, SIMD, and Skein. In
February, I chose my favorites: Arirang, BLAKE, Blue Midnight Wish,
ECHO, Grostl, Keccak, LANE, Shabal, and Skein. Of the ones NIST
eventually chose, I am most surprised to see CubeHash and most surprised
not to see LANE.
http://csrc.nist.gov/groups/ST/hash/sha-3/Round2/submissions_rnd2.html
http://www.schneier.com/essay-249.html
http://csrc.nist.gov/groups/ST/hash/sha-3/index.html
http://www.skein-hash.info/
Nice description of the base rate fallacy.
http://news.bbc.co.uk/2/hi/uk_news/magazine/8153539.stm
This is funny: "Tips for Staying Safe Online":
http://www.schneier.com/blog/archives/2009/07/tips_for_stayin.html
Seems like the Swiss may be running out of secure gold storage. If this
is true, it's a real security issue. You can't just store the stuff
behind normal locks. Building secure gold storage takes time and money.
http://www.commodityonline.com/news/Swiss-banks-have-no-space-left-for-gold…
or http://tinyurl.com/kqpm8w
I am reminded of a related problem the EU had during the transition to
the euro: where to store all the bills and coins before the switchover
date. There wasn't enough vault space in banks, because the vast
majority of currency is in circulation. It's a similar problem,
although the EU banks could solve theirs with lots of guards, because it
was only a temporary problem.
A large sign saying "United States" at a border crossing was deemed a
security risk:
http://www.schneier.com/blog/archives/2009/07/large_signs_a_s.html
Clever new real estate scam:
http://www.schneier.com/blog/archives/2009/07/new_real_estate.html
Bypassing the iPhone's encryption. I want more technical details.
http://www.wired.com/gadgetlab/2009/07/iphone-encryption/
Excellent essay by Jonathan Zittrain on the risks of cloud computing:
http://www.nytimes.com/2009/07/20/opinion/20zittrain.html
Here's me on cloud computing:
http://www.schneier.com/blog/archives/2009/06/cloud_computing.html
More fearmongering. The headline is "Terrorists could use internet to
launch nuclear attack: report." The subhead: "The risk of
cyber-terrorism escalating to a nuclear strike is growing daily,
according to a study."
http://www.guardian.co.uk/technology/2009/jul/24/internet-cyber-attack-terr…
or http://tinyurl.com/mhfdyy
Note the weasel words in the article. The study "suggests that under
the right circumstances." We're "leaving open the possibility." The
report "outlines a number of potential threats and situations" where the
bad guys could "make a nuclear attack more likely." Gadzooks. I'm
tired of this idiocy. Stop overreacting to rare risks. Refuse to be
terrorized, people.
http://www.schneier.com/essay-171.html
http://www.schneier.com/essay-124.html
Interesting TED talk by Eve Ensler on security. She doesn't use any of
the terms, but in the beginning she's echoing a lot of the current
thinking about evolutionary psychology and how it relates to security.
http://www.ted.com/talks/eve_ensler_on_security.html
In cryptography, we've long used the term "snake oil" to refer to crypto
systems with good marketing hype and little actual security. It's the
phrase I generalized into "security theater." Well, it turns out that
there really is a snake oil salesman.
http://blogs.reuters.com/oddly-enough/2009/07/24/we-found-him-he-really-exi…
or http://tinyurl.com/mo75tu
Research that proves what we already knew: too many security warnings
results in complacency.
http://lorrie.cranor.org/pubs/sslwarnings.pdf
The New York Times has an editorial on regulating chemical plants.
http://www.nytimes.com/2009/08/04/opinion/04tue2.html
The problem is a classic security externality, which I wrote about in 2007.
http://www.schneier.com/essay-194.html
Good essay on security vs. usability: "When Security Gets in the Way."
http://jnd.org/dn.mss/when_security_gets_in_the_way.html
A 1934 story from the International Herald Tribune shows how we reacted
to the unexpected 75 years ago:
http://www.schneier.com/blog/archives/2009/08/how_we_reacted.html
New airport security hole: funny.
http://scienceblogs.com/gregladen/2009/07/overheard_at_airport.php
Here's some complicated advice on securing passwords that -- I'll bet --
no one follows. Of the ten rules, I regularly break seven. How about you?
http://windowssecrets.com/2009/08/06/01-Gmail-flaw-shows-value-of-strong-pa…
or http://tinyurl.com/px784h
Here's my advice on choosing secure passwords.
http://www.wired.com/politics/security/commentary/securitymatters/2007/01/7…
or http://tinyurl.com/2beaq2
"An Ethical Code for Intelligence Officers"
http://www.schneier.com/blog/archives/2009/08/an_ethical_code.html
Man-in-the-middle trucking attack:
http://www.schneier.com/blog/archives/2009/08/man-in-the-midd.html
"On Locational Privacy, and How to Avoid Losing it Forever"
http://www.eff.org/wp/locational-privacy
** *** ***** ******* *********** *************
Laptop Security while Crossing Borders
Last year, I wrote about the increasing propensity for governments,
including the U.S. and Great Britain, to search the contents of people's
laptops at customs. What we know is still based on anecdote, as no
country has clarified the rules about what their customs officers are
and are not allowed to do, and what rights people have.
Companies and individuals have dealt with this problem in several ways,
from keeping sensitive data off laptops traveling internationally, to
storing the data -- encrypted, of course -- on websites and then
downloading it at the destination. I have never liked either solution. I
do a lot of work on the road, and need to carry all sorts of data with
me all the time. It's a lot of data, and downloading it can take a long
time. Also, I like to work on long international flights.
There's another solution, one that works with whole-disk encryption
products like PGP Disk (I'm on PGP's advisory board), TrueCrypt, and
BitLocker: Encrypt the data to a key you don't know.
It sounds crazy, but stay with me. Caveat: Don't try this at home if
you're not very familiar with whatever encryption product you're using.
Failure results in a bricked computer. Don't blame me.
Step One: Before you board your plane, add another key to your
whole-disk encryption (it'll probably mean adding another "user") -- and
make it random. By "random," I mean really random: Pound the keyboard
for a while, like a monkey trying to write Shakespeare. Don't make it
memorable. Don't even try to memorize it.
Technically, this key doesn't directly encrypt your hard drive. Instead,
it encrypts the key that is used to encrypt your hard drive -- that's
how the software allows multiple users.
So now there are two different users named with two different keys: the
one you normally use, and some random one you just invented.
Step Two: Send that new random key to someone you trust. Make sure the
trusted recipient has it, and make sure it works. You won't be able to
recover your hard drive without it.
Step Three: Burn, shred, delete or otherwise destroy all copies of that
new random key. Forget it. If it was sufficiently random and
non-memorable, this should be easy.
Step Four: Board your plane normally and use your computer for the whole
flight.
Step Five: Before you land, delete the key you normally use.
At this point, you will not be able to boot your computer. The only key
remaining is the one you forgot in Step Three. There's no need to lie to
the customs official, which in itself is often a crime; you can even
show him a copy of this article if he doesn't believe you.
Step Six: When you're safely through customs, get that random key back
from your confidant, boot your computer and re-add the key you normally
use to access your hard drive.
And that's it.
This is by no means a magic get-through-customs-easily card. Your
computer might be impounded, and you might be taken to court and
compelled to reveal who has the random key.
But the purpose of this protocol isn't to prevent all that; it's just to
deny any possible access to your computer to customs. You might be
delayed. You might have your computer seized. (This will cost you any
work you did on the flight, but -- honestly -- at that point that's the
least of your troubles.) You might be turned back or sent home. But when
you're back home, you have access to your corporate management, your
personal attorneys, your wits after a good night's sleep, and all the
rights you normally have in whatever country you're now in.
This procedure not only protects you against the warrantless search of
your data at the border, it also allows you to deny a customs official
your data without having to lie or pretend -- which itself is often a crime.
Now the big question: Who should you send that random key to?
Certainly it should be someone you trust, but -- more importantly -- it
should be someone with whom you have a privileged relationship.
Depending on the laws in your country, this could be your spouse, your
attorney, your business partner or your priest. In a larger company, the
IT department could institutionalize this as a policy, with the help
desk acting as the key holder.
You could also send it to yourself, but be careful. You don't want to
e-mail it to your webmail account, because then you'd be lying when you
tell the customs official that there is no possible way you can decrypt
the drive.
You could put the key on a USB drive and send it to your destination,
but there are potential failure modes. It could fail to get there in
time to be waiting for your arrival, or it might not get there at all.
You could airmail the drive with the key on it to yourself a couple of
times, in a couple of different ways, and also fax the key to yourself
... but that's more work than I want to do when I'm traveling.
If you only care about the return trip, you can set it up before you
return. Or you can set up an elaborate one-time pad system, with
identical lists of keys with you and at home: Destroy each key on the
list you have with you as you use it.
Remember that you'll need to have full-disk encryption, using a product
such as PGP Disk, TrueCrypt or BitLocker, already installed and enabled
to make this work.
I don't think we'll ever get to the point where our computer data is
safe when crossing an international border. Even if countries like the
U.S. and Britain clarify their rules and institute privacy protections,
there will always be other countries that will exercise greater latitude
with their authority. And sometimes protecting your data means
protecting your data from yourself.
This essay originally appeared on Wired.com.
http://www.wired.com/politics/security/commentary/securitymatters/2009/07/s…
or http://tinyurl.com/nw6bkd
** *** ***** ******* *********** *************
Self-Enforcing Protocols
There are several ways two people can divide a piece of cake in half.
One way is to find someone impartial to do it for them. This works, but
it requires another person. Another way is for one person to divide the
piece, and the other person to complain (to the police, a judge, or his
parents) if he doesn't think it's fair. This also works, but still
requires another person -- at least to resolve disputes. A third way is
for one person to do the dividing, and for the other person to choose
the half he wants.
That third way, known by kids, pot smokers, and everyone else who needs
to divide something up quickly and fairly, is called cut-and-choose.
People use it because it's a self-enforcing protocol: a protocol
designed so that neither party can cheat.
Self-enforcing protocols are useful because they don't require trusted
third parties. Modern systems for transferring money -- checks, credit
cards, PayPal -- require trusted intermediaries like banks and credit
card companies to facilitate the transfer. Even cash transfers require
a trusted government to issue currency, and they take a cut in the form
of seigniorage. Modern contract protocols require a legal system to
resolve disputes. Modern commerce wasn't possible until those systems
were in place and generally trusted, and complex business contracts
still aren't possible in areas where there is no fair judicial system.
Barter is a self-enforcing protocol: nobody needs to facilitate the
transaction or resolve disputes. It just works.
Self-enforcing protocols are safer than other types because participants
don't gain an advantage from cheating. Modern voting systems are rife
with the potential for cheating, but an open show of hands in a room --
one that everyone in the room can count for himself -- is
self-enforcing. On the other hand, there's no secret ballot, late
voters are potentially subjected to coercion, and it doesn't scale well
to large elections. But there are mathematical election protocols that
have self-enforcing properties, and some cryptographers have suggested
their use in elections.
Here's a self-enforcing protocol for determining property tax: the
homeowner decides the value of the property and calculates the resultant
tax, and the government can either accept the tax or buy the home for
that price. Sounds unrealistic, but the Greek government implemented
exactly that system for the taxation of antiquities. It was the easiest
way to motivate people to accurately report the value of antiquities.
And shotgun clauses in contracts are essentially the same thing.
A VAT, or value-added tax, is a self-enforcing alternative to sales tax.
Sales tax is collected on the entire value of the thing at the point
of retail sale; both the customer and the storeowner want to cheat the
government. But VAT is collected at every step between raw materials
and that final customer; it's the difference between the price of the
materials sold and the materials bought. Buyers wants official receipts
with as high a purchase price as possible, so each buyer along the chain
keeps each seller honest. Yes, there's still an incentive to cheat on
the final sale to the customer, but the amount of tax collected at that
point is much lower.
Of course, self-enforcing protocols aren't perfect. For example,
someone in a cut-and-choose can punch the other guy and run away with
the entire piece of cake. But perfection isn't the goal here; the goal
is to reduce cheating by taking away potential avenues of cheating.
Self-enforcing protocols improve security not by implementing
countermeasures that prevent cheating, but by leveraging economic
incentives so that the parties don't want to cheat.
One more self-enforcing protocol. Imagine a pirate ship that encounters
a storm. The pirates are all worried about their gold, so they put
their personal bags of gold in the safe. During the storm, the safe
cracks open, and all the gold mixes up and spills out on the floor. How
do the pirates determine who owns what? They each announce to the group
how much gold they had. If the total of all the announcements matches
what's in the pile, it's divided as people announced. If it's
different, then the captain keeps it all. I can think of all kinds of
ways this can go wrong -- the captain and one pirate can collude to
throw off the total, for example -- but it is self-enforcing against
individual misreporting.
This essay originally appeared on ThreatPost.
http://threatpost.com/blogs/value-self-enforcing-protocols
** *** ***** ******* *********** *************
Schneier News
I am speaking at the OWASP meeting in Minneapolis on August 24:
http://www.owasp.org/index.php/Minneapolis_St_Paul
Audio from my Black Hat talk is here:
http://www.blackhat.com/html/bh-usa-09/bh-usa-09-archives.html#Schneier
or http://tinyurl.com/mvewwx
** *** ***** ******* *********** *************
Another New AES Attack
A new and very impressive attack against AES has just been announced.
Over the past couple of months, there have been two new cryptanalysis
papers on AES. The attacks presented in the papers are not practical --
they're far too complex, they're related-key attacks, and they're
against larger-key versions and not the 128-bit version that most
implementations use -- but they are impressive pieces of work all the same.
This new attack, by Alex Biryukov, Orr Dunkelman, Nathan Keller, Dmitry
Khovratovich, and Adi Shamir, is much more devastating. It is a
completely practical attack against ten-round AES-256:
Abstract. AES is the best known and most widely used
block cipher. Its three versions (AES-128, AES-192, and AES-256)
differ in their key sizes (128 bits, 192 bits and 256 bits) and in
their number of rounds (10, 12, and 14, respectively). In the case
of AES-128, there is no known attack which is faster than the
2^128 complexity of exhaustive search. However, AES-192
and AES-256 were recently shown to be breakable by attacks which
require 2^176 and 2^119 time, respectively. While these
complexities are much faster than exhaustive search, they are
completely non-practical, and do not seem to pose any real threat
to the security of AES-based systems.
In this paper we describe several attacks which can break with
practical complexity variants of AES-256 whose number of rounds
are comparable to that of AES-128. One of our attacks uses only
two related keys and 2^39^ time to recover the complete
256-bit key of a 9-round version of AES-256 (the best previous
attack on this variant required 4 related keys and 2^120
time). Another attack can break a 10 round version of AES-256 in
2^45 time, but it uses a stronger type of related subkey
attack (the best previous attack on this variant required 64
related keys and 2^172 time).
They also describe an attack against 11-round AES-256 that requires 2^70
time -- almost practical.
These new results greatly improve on the Biryukov, Khovratovich, and
Nikolic papers mentioned above, and a paper I wrote with six others in
2000, where we describe a related-key attack against 9-round AES-256
(then called Rijndael) in 2^224. (This again proves the cryptographer's
adage: attacks always get better, they never get worse.)
By any definition of the term, this is a huge result.
There are three reasons not to panic:
* The attack exploits the fact that the key schedule for 256-bit
version is pretty lousy -- something we pointed out in our 2000 paper --
but doesn't extend to AES with a 128-bit key.
* It's a related-key attack, which requires the cryptanalyst to have
access to plaintexts encrypted with multiple keys that are related in a
specific way.
* The attack only breaks 11 rounds of AES-256. Full AES-256 has 14 rounds.
Not much comfort there, I agree. But it's what we have.
Cryptography is all about safety margins. If you can break n rounds of
a cipher, you design it with 2n or 3n rounds. What we're learning is
that the safety margin of AES is much less than previously believed.
And while there is no reason to scrap AES in favor of another algorithm,
NST should increase the number of rounds of all three AES variants. At
this point, I suggest AES-128 at 16 rounds, AES-192 at 20 rounds, and
AES-256 at 28 rounds. Of maybe even more; we don't want to be revising
the standard again and again.
And for new applications I suggest that people don't use AES-256.
AES-128 provides more than enough security margin for the foreseeable
future. But if you're already using AES-256, there's no reason to change.
The paper:
http://eprint.iacr.org/2009/374
Older AES cryptanalysis papers:
http://eprint.iacr.org/2009/241
http://eprint.iacr.org/2009/317
AES:
http://csrc.nist.gov/publications/fips/fips197/fips-197.pdf
http://www.schneier.com/blog/archives/2009/07/new_attack_on_a.html
http://www.schneier.com/paper-rijndael.pdf
** *** ***** ******* *********** *************
Lockpicking and the Internet
Physical locks aren't very good. They keep the honest out, but any
burglar worth his salt can pick the common door lock pretty quickly.
It used to be that most people didn't know this. Sure, we all watched
television criminals and private detectives pick locks with an ease only
found on television and thought it realistic, but somehow we still held
onto the belief that our own locks kept us safe from intruders.
The Internet changed that.
First was the MIT Guide to Lockpicking, written by the late Bob ("Ted
the Tool") Baldwin. Then came Matt Blaze's 2003 paper on breaking master
key systems. After that, came a flood of lockpicking information on the
Net: opening a bicycle lock with a Bic pen, key bumping, and more. Many
of these techniques were already known in both the criminal and
locksmith communities. The locksmiths tried to suppress the knowledge,
believing their guildlike secrecy was better than openness. But they've
lost: never has there been more public information about lockpicking --
or safecracking, for that matter.
Lock companies have responded with more complicated locks, and more
complicated disinformation campaigns.
There seems to be a limit to how secure you can make a wholly mechanical
lock, as well as a limit to how large and unwieldy a key the public will
accept. As a result, there is increasing interest in other lock
technologies.
As a security technologist, I worry that if we don't fully understand
these technologies and the new sorts of vulnerabilities they bring, we
may be trading a flawed technology for an even worse one. Electronic
locks are vulnerable to attack, often in new and surprising ways.
Start with keypads, more and more common on house doors. These have the
benefit that you don't have to carry a physical key around, but there's
the problem that you can't give someone the key for a day and then take
it away when that day is over. As such, the security decays over time --
the longer the keypad is in use, the more people know how to get in.
More complicated electronic keypads have a variety of options for
dealing with this, but electronic keypads work only when the power is
on, and battery-powered locks have their own failure modes. Plus, far
too many people never bother to change the default entry code.
Keypads have other security failures, as well. I regularly see keypads
where four of the 10 buttons are more worn than the other six. They're
worn from use, of course, and instead of 10,000 possible entry codes, I
now have to try only 24.
Fingerprint readers are another technology, but there are many known
security problems with those. And there are operational problems, too:
They're hard to use in the cold or with sweaty hands; and leaving a key
with a neighbor to let the plumber in starts having a spy-versus-spy feel.
Some companies are going even further. Earlier this year, Schlage
launched a series of locks that can be opened either by a key, a
four-digit code, or the Internet. That's right: The lock is online. You
can send the lock SMS messages or talk to it via a website, and the lock
can send you messages when someone opens it -- or even when someone
tries to open it and fails.
Sounds nifty, but putting a lock on the Internet opens up a whole new
set of problems, none of which we fully understand. Even worse: Security
is only as strong as the weakest link. Schlage's system combines the
inherent "pickability" of a physical lock, the new vulnerabilities of
electronic keypads, and the hacking risk of online. For most
applications, that's simply too much risk.
This essay previously appeared on DarkReading.com.
http://www.darkreading.com/blog/archives/2009/08/locks.html
A copy of this essay, with all embedded links, is here:
http://www.schneier.com/blog/archives/2009/08/lockpicking_and.html
** *** ***** ******* *********** *************
Comments from Readers
There are thousands of comments -- many of them interesting -- on these
topics on my blog. Search for the story you want to comment on, and join in.
http://www.schneier.com/blog
** *** ***** ******* *********** *************
Since 1998, CRYPTO-GRAM has been a free monthly newsletter providing
summaries, analyses, insights, and commentaries on security: computer
and otherwise. You can subscribe, unsubscribe, or change your address
on the Web at <http://www.schneier.com/crypto-gram.html>. Back issues
are also available at that URL.
Please feel free to forward CRYPTO-GRAM, in whole or in part, to
colleagues and friends who will find it valuable. Permission is also
granted to reprint CRYPTO-GRAM, as long as it is reprinted in its entirety.
CRYPTO-GRAM is written by Bruce Schneier. Schneier is the author of the
best sellers "Schneier on Security," "Beyond Fear," "Secrets and Lies,"
and "Applied Cryptography," and an inventor of the Blowfish, Twofish,
Phelix, and Skein algorithms. He is the Chief Security Technology
Officer of BT BCSG, and is on the Board of Directors of the Electronic
Privacy Information Center (EPIC). He is a frequent writer and lecturer
on security topics. See <http://www.schneier.com>.
Crypto-Gram is a personal newsletter. Opinions expressed are not
necessarily those of BT.
Copyright (c) 2009 by Bruce Schneier.
----- End forwarded message -----
--
Eugen* Leitl <a href="http://leitl.org">leitl</a> http://leitl.org
______________________________________________________________
ICBM: 48.07100, 11.36820 http://www.ativel.com http://postbiota.org
8B29F6BE: 099D 78BA 2FD3 B014 B08A 7779 75B0 2443 8B29 F6BE
1
0
06 Jul '18
AT&T
Spaf and Dave, I was watching CNN where they were interviewing a
former CIA head, who was talking about the CIA whistleblower who was
fired a few months back.
He pointed out that while leaking any classified information to the
press is a definite no no, there are plenty of avenues for whistle
blowers, such as approaching the senate / congressional committees
that have oversight over Intelligence. He also mentioned another
internal grievance handling channel that could have been used.
These committees are bilateral, and do take action more often than
not - according to what I heard on CNN (and based on what I have read
about these committees and how they work)
suresh
David Farber wrote:
> From: Gene Spafford < spaf(a)cerias.purdue.edu>
> Anyone with a security clearance, a military commission, or
> Federal office swears an oath to uphold the Constitution and the
> laws of the United States. If that person observes activity that
> he/she judges to be violations of the Constitution committed under
> color of authority, then how can the oath be upheld without
> possibly disclosing information? Given a choice between upholding
> the Constitution or being compliant with orders intended to cover
> up violations of law seems to be clear although potentially
> fraught with personal danger.
-------------------------------------
You are subscribed as web(a)reportica.net
To manage your subscription, go to
http://v2.listbox.com/member/?listname=ip
Archives at: http://www.interesting-people.org/archives/interesting-
people/
--
Sheryl Coe
web(a)reportica.net
Reportica
www.Reportica.net
______________________
-------------------------------------
You are subscribed as eugen(a)leitl.org
To manage your subscription, go to
http://v2.listbox.com/member/?listname=ip
Archives at: http://www.interesting-people.org/archives/interesting-people/
----- End forwarded message -----
--
Eugen* Leitl <a href="http://leitl.org">leitl</a> http://leitl.org
______________________________________________________________
ICBM: 48.07100, 11.36820 http://www.ativel.com
8B29F6BE: 099D 78BA 2FD3 B014 B08A 7779 75B0 2443 8B29 F6BE
[demime 1.01d removed an attachment of type application/pgp-signature which had a name of signature.asc]
1
0
06 Jul '18
AT&T [Whistleblower Protection]
Many do not know that intelligence employees are excluded by law from
whistleblower protection under the Patriot Act and previous law as well.
Until we have slogged through the fine print, we just don't know what
is legal anymore. Whistleblowers have had a very hard time being
'seen' by congressional committees. Whistleblowers like Sibel Edmonds
are treated like hot potatoes until they leak to the press and a
groundswell of concern forces congress to invite them into a closed
session. And then... not much happens. That's just where we find
ourselves in 2006 in America...
This is one key to the popularity of the relatively new blogger Glenn
Greenwald (author of new book, see his site below). He's just one
person, but he tries to do the legwork to actually read the laws,
such as the Patriot Act, that our 'lawmakers' pass without reading.
He's just one person, but that's the work that needs to be done.
- Sheryl Coe
Glenn Greenwald, of Unclaimed Territory
Original: http://glenngreenwald.blogspot.com/2006/05/no-need-for-
congress-no-need-for.html
(2) The legal and constitutional issues, especially at first glance
and without doing research, reading cases, etc., are complicated and,
in the first instance, difficult to assess, at least for me. That was
also obviously true for Qwest's lawyers, which is why they requested
a court ruling and, when the administration refused, requested an
advisory opinion from DoJ.
But not everyone is burdened by these difficulties. Magically, hordes
of brilliant pro-Bush legal scholars have been able to determine
instantaneously -- as in, within hours of the program's disclosure --
that the program is completely legal and constitutional (just like so
many of them were able confidently to opine within hours of the
disclosure of the warrantless eavesdropping program that it, too, was
perfectly legal and constitutional).
Government Accountability Project
Original: http://www.whistleblower.org/content/press_detail.cfm?
press_id=446
CIA Leaks Investigation Highlights Need for Whistleblower Law Reform
Washington, D.C. b Today, the Government Accountability Project
proclaims that the CIA's public efforts to crackdown on leaks of
classified information demonstrate the need for Congress to approve
meaningful whistleblower protections for employees who decide to
disclose classified evidence of government wrongdoing, misconduct and
illegality. http://www.whistleblower.org/content/press_detail.cfm?
press_id=446
>From Russell Tice via DemocracyNow:
Original: http://www.democracynow.org/article.pl?
sid=06/04/04/1420212&mode=thread&tid=25
And the intelligence community, all of the whistleblower protection
laws are -- pretty much exempt the intelligence community. So the
intelligence community can put forth their lip service about, 'Oh,
yeah, we want you to put report waste fraud abuse,' or 'You shall
report suspicions of espionage,' but when they retaliate you for
doing so, you pretty much have no recourse. I think a lot of people
don't realize that.
>From by Mike Whitney at Znet:
original: http://www.zmag.org/content/showarticle.cfm?ItemID=6848
Intelligence reform has been a stealth-project from the get-go. [...]
Instead of addressing the underlying issues, the new bill eviscerates
what's left of the Bill of Rights and hands over more power to Bush.
Now, Bush is free to hand-pick the men he wants for top-level
Intelligence positions without Senate confirmation - an invitation to
create his personal security apparatus without congressional
interference. The bill also decreases Congress' powers of oversight.
The new Intelligence Director can exempt his office from "audits and
investigations, and Congress will not receive reports from an
objective internal auditor." In other words, Congress has limited its
own access to critical information of how taxpayer dollars are being
spent. They've simply given up their role of checking for
presidential abuse.
The bill "eliminates provisions to ensure that it (Congress) receives
timely access to intelligence, and it also allows the White House's
Office of Management and Budget to screen testimony before the
Intelligence Director presents it to the Congress." So, now Bush can
either stonewall Congress entirely or just cherry-pick the tidbits he
doesn't mind handing over. The Congress is just paving the way for
even greater secrecy.
Needless to say, all the whistle-blower protections have been removed
from the new bill. In this new paradigm of Mafia-style governance the
only unpardonable offense is reporting the crimes of one's bosses.
Now, the Bush Fedayeen can purge the entire intelligence apparatus
and no one will be the wiser.
On 5/15/06, David Farber <dave(a)farber.net> wrote:
Begin forwarded message:
1
0
[Whistleblower Protection]
X-Mailer: Apple Mail (2.750)
Reply-To: dave(a)farber.net
Begin forwarded message:
1
0
============================================================
EDRI-gram
biweekly newsletter about digital civil rights in Europe
Number 5.3, 14 February 2007
============================================================
Contents
============================================================
1. Online police searches found illegal in Germany
2. MEPs support again the rules on defamation in Rome II
3. The ORG and FIPR week of e-voting events
4. Towards a committee for French on-line services regulation ?
5. European Central Bank found accountable in the SWIFT case
6. Belgium court backs decision against Google
7. European institutions try to impose a stronger position in the PNR debate
8. Bulgaria fails to protect citizen's personal data
9. House of Lords produces report against the AVMS directive
10. French Court decides on the sequel of Les Miserables
11. Recommended reading
12. Agenda
13. About
============================================================
1. Online police searches found illegal in Germany
============================================================
The German Federal Supreme Court (BGH) in Karlsruhe ruled, on 5 February,
that, according to the German Code of Criminal Procedure (StPO), online
police snooping was illegal.
As the court argued, StPO had no provisions to allow the authorities to
perform online snooping, the code allowing only overt searches.
Magistrate Ulrich Hebenstreit had already ruled against house searches
arguing that such searches had to take place in the presence of the person
affected. He emphasized that the data stored on computers could often be
confidential and compared online spying measures to electronic
eavesdropping.
The Protection of the Constitution Act on the German federal state of North
Rhine-Westphalia has recently included a provision that allows online PC
searches against which a complaint of unconstitutionality is presently being
prepared.
Consequently, Federal Minister of the Interior Wolfgang Schduble, is now
asking the legislators to create a legal basis for the criminal prosecutors
to perform online searches ,that he considers indispensable.
Jvrg Crozier, President of the German Criminal Police Office, asked also for
new legislation to support these actions and stated "We have to be able to
keep up with new technologies when unscrupulous criminals hide on the
Internet, where they can plan their attacks and prepare their criminal
actions."
At the same time, he wanted to assure the German citizens that they
shouldn't worry about the Government monitoring them in a way that would
violate their rights. "These measures will not even affect 99.9 percent of
the population."
Ziercke stated that the Internet was playing a major part in the war against
terrorism, child pornography, neo-Nazi propaganda and other types of crimes
but can also play an important role in committing those crimes.
"The Internet is the criminal platform of the future. In fact, it is the
criminal platform of today."
On the other hand, Burkhard Hirsch, the former vice president of the lower
chamber of Germany's Federal Parliament and a member of the opposition Free
Democratic Party (FDP), considers online search by the police of a PC
as "worse than a major eavesdropping operation." He declared to the German
newsmagazine DerSpiegel that spying a computer through the Internet is
a "more brutal form of intrusion" than previous criminal investigation
methods.
Surreptitious online searches of PCs are illegal (6.02.2007)
http://www.heise.de/english/newsticker/news/84867
German criminology czar believes that online searches
are urgently needed (7.02.2007)
http://www.heise.de/english/newsticker/news/84908
Germany outlaws secret police snooping (6.02.2007)
http://www.out-law.com/page-7737
EDRI-gram: Proposal of computers online searching in Germany (20.12.2006)
http://www.edri.org/edrigram/number4.24/computer-online-searching
============================================================
2. MEPs support again the rules on defamation in Rome II
============================================================
The European Parliament has voted in its second reading on the Rome II
Regulation to reintroduce the rules regarding the defamation by media or
publications via the Internet and other electronic networks. The Rome II
regulation is establishing the rules on the applicable law to
non-contractual obligations.
.
The member states and media organizations wanted a simple formula to be
introduced and not to apply the general principle - the applicable law to be
that of the country in which the defamed person lives. That would
practically mean that every media company would have to know the privacy and
defamation laws of every European country.
At the first reading in July 2005, MEPs had approved a compromise amendment
that regulated the violation of privacy by a printed or audiovisual media.
The Council decided to delete this provision from its Common Position. In
the vote in plenary, MEPs decided to reintroduce the same rules, as adopted
at the first reading.
The Parliament's amendment suggests that in the case of print or broadcast
media the law which should apply in disputes is the law of the country to
which the publication or broadcast is most directed. That must be determined
in particular by the language of the publication or broadcast or by sales or
audience size in a given country as a proportion of total sales or audience
size or by a combination of those factors. If that is not an easy fact to
determine, the relevant law will be the one of the country where editorial
control is exercised. This provision will apply also to publications via the
Internet and other electronic networks. Regarding the right to reply, the
applicable law should be the law of the country in which the publisher or
broadcaster has its habitual residence.
Strong disagreemnts between the Council and the Parliament still exist
especially on the defamantion rules. According to Commission Vice-President
Franco Frattini, who spoke before the vote, on the approved rules on
defamation, "there is no way they will get through" in the Council.
MEP Diana Wallis stated her satisfaction on the result of the vote, but also
warned: "We may not have reached the end of the story of Rome II; by again
passing these amendments there will almost certainly have to be a
conciliation process to iron out the final difficulties between the European
law-making institutions."
The text adopted by the Parliament should go now through the conciliation
procedure, where Member States and MEPs, equally represented, will have to
debate further to find a compromise and approve the Regulation.
Rome II: MEPs reintroduce rules on defamation (18.01.2006)
http://www.europarl.europa.eu/news/expert/infopress_page/008-1942-015-01-03…
01-20070112IPR01917-15-01-2007-2007-false/default_en.htm
European Parliament stands firm on cross-border defamation law(2.02.2007)
http://www.out-law.com/page-7726
EDRI-gram: Rome II: Applicable law and freedom of expression (29.06.2005)
http://www.edri.org/edrigram/number3.13/RomeII
EP Legislative Observatory Rome II file
http://www2.europarl.eu.int/oeil/file.jsp?id=235142
============================================================
3. The ORG and FIPR week of e-voting events
============================================================
Last week there were three e-voting events hosted in London by EDRI members,
the Open Rights Group (ORG) and the Foundation for Information Policy
Research (FIPR).
On 6 February guests saw a screening of the documentary film
"Hacking Democracy" which reveals in detail the failings of e-voting and
e-counting systems in the United States.
After the film a lively panel, chaired by ORG's e-voting co-ordinator Jason
Kitcat, discussed the film's implications particularly given e-voting pilots
planned in the UK for May 2007. On the panel were John Pugh MP (Liberal
Democrat); Russell Michaels, one of the film's co-directors and Dr Rebecca
Mercuri, an e-voting expert from the United States.
On 8 February there were two events which gathered, for the first time, a
wide array of e-voting experts and activists from around the world. In the
afternoon the European e-Voting Activism Workshop was started with a keynote
by Harri Hursti, a Finnish security expert who has demonstrated a number of
major security flaws in US election systems. Mr Hursti discussed how he
compromised an optical counting system to provide the finale for "Hacking
Democracy". He also shared his views on the wide variety of ways in which
e-voting and e-counting systems are vulnerable to fraud and error.
Subsequently experts from Belgium, France, Germany, Ireland, The Netherlands
and the United States presented the problems they were experiencing with the
introduction of e-voting in their countries. Attendees were struck by the
strong similarities between all the presentations:
- Governments would, with extremely weak standards in place, contract the
running and monitoring of elections to private companies;
- These companies would do minimal testing and withhold the results of those
tests;
- Problems and possible indications of fraud would arise during and after
elections. Further investigation would be impossible due to failings in the
technology and/or due to obstruction by vendors and government.
After the workshop's broad overview of e-voting, the evening event
"e-Voting: A challenge to democracy?" provided time for more detailed
presentations.
Margaret McGaley, the founder of Irish Citizens for Trustworthy e-Voting,
reported on the thus-far abortive attempts to introduce e-voting machines to
the Republic of Ireland. She noted that early in the process experts had
offered advice but weren't listened to. After pushing on at great expense
the Irish government were forced to create an Independent Commission on
Electronic Voting which found serious flaws in the Nedap voting machines and
software purchased.
Dr Anne-Marie Oostveen, a founder of the Dutch "We don't trust voting
computers" foundation, reported how in the Netherlands the government
position went from 'trust us' to uncertainty. "We don't trust voting
computers" demonstrated on national TV several important hacks on the Nedap
machines used in the majority of Dutch municipalities. The result was the
withdrawal of SDU machines from elections and the creation of an independent
commission to examine the voting process.
Colm MacCarthaigh, a founding member of Irish Citizens for Trustworthy
e-voting, now following the Dutch situation since it has become resident in
The Netherlands, tied together the Dutch and Irish stories. He commented on
how the Irish independent commission's report had provided information on
the Nedap machines which had helped the Dutch activists find flaws more
quickly. The successful Dutch hacks, in their turn, helped apply more
pressure on the Irish government.
Dr Rebecca Mercuri presented the latest developments concerning voting
technology in the United States. She noted how vendors, when forced to
create voter-verified paper audit trails, had created unreliable, barely
usable systems which had created new problems of their own. In place of
e-voting machines Ms Mercuri advocated the use of paper ballots, perhaps
optically or barcode scanned. To conclude Ms Mercuri argued that Internet
voting, as proposed for the UK's 2007 pilots, was an inherently flawed
technology that should not be pursued.
One question which kept being asked after every one of our events was, why
are governments pushing so hard for e-voting technology when the problems
are so evident? We just don't understand it.
The events ended with the activists resolved to meet more often and
collaborate through a newly formed umbrella grouping, 'Europeans for
Verifiable Elections'. The Open Rights Group will continue its campaign
against e-voting in the UK and our sister organisations will carry on their
work across Europe.
Audio, video and slides from the events will be available soon
http://www.openrightsgroup.org
Europeans for Verifiable Elections
http://www.efve.eu
(Contribution by Jason Kitcat - EDRI-member Open Rights Group)
============================================================
4. Towards a committee for French on-line services regulation ?
============================================================
French Internet regulation history seems to repeat itself, as shows a
recently unveiled administrative decree project, which aims at
creating a "National Commission for the deontology of on-line public
communication services".
The Commission would be in charge of elaborating "deontological
recommendations" towards professional on- line communication services,
including fixed and mobile telecom operators, ISPs, publishing and
distributing services. The Commission would also be in charge of attributing
"quality labels" to these services.
However, these recommendations would also indirectly apply
to the users of these services, through subscribing contractual
clauses, especially since a "quality label" may be withdrawn by the
Commission when it is found that "deontological recommendations" are not
respected. The Commission should include of 23 members nominated by the
French Prime minister for 5 years. Besides representatives of different
ministries, one magistrate and one member of the French Conseil d'Etat, the
Commission should include 14 members representing both - and in parity -
online communication services users and professionals.
French digital rights organizations have soon denounced this new
attempt of censorship. EDRI member IRIS notes that this proposal
sounds very similar to the first attempt of Internet regulation in
France in... 1996, through what was popularly called the "Fillon
Amendment" to the Telecom law. This amendment was found
unconstitutional in July 1996, and then its major provisions were
censored since, according to article 34 of the Constitution,
fundamental freedoms may only be limited by the legislator, while in
this case there were no specified binding principles for recommendations
to be made by an administrative Commission, with strong impact on
freedom of expression.
IRIS reminds that these arguments from the Constitutional council examining
the 1996 law still apply and may well be reused against a 2007
administrative decree before the competent jurisdiction.
Draft of administrative decree (in French only, 07.02.2007)
http://odebi.org/docs/Projetdecretcommissiondeontologie.pdf
Polemics on the regulation of French Internet (in French only, 09.02.2007)
http://www.01net.com/editorial/341006/legislation/polemique-autour-de-la-re…
lation-de-l-internet-francais/
APRIL Press release - Internet Regulation : always the good old
methods...(in French only, 12.02.2007)
http://www.april.org/articles/communiques/pr-20070212.html
IRIS Press release - + Fillon Amendment ; 2.0 : help, the public expression
+deontology ; returns ! (in French only, 14.02.2007)
http://www.iris.sgdg.org/info-debat/comm-deontologie0207.html
(Contribution by Meryem Marzouki, EDRI-member IRIS - France)
============================================================
5. European Central Bank found accountable in the SWIFT case
============================================================
On 1 February, Peter Hustinx, the European Data Protection Supervisor (EDPS)
gave his opinion on the role of the European Central Bank (ECB) in the SWIFT
case, considering the bank as accountable along with SWIFT for failing
compliance with the European privacy laws in the secret US investigation
into terrorist finances.
By using SWIFT's services in its own payment operations, the ECB has become
a joint controller being thus co-responsible in ensuring compliance with
data protection rules, meaning observing the purpose limitation principle,
informing to data subjects, and ensuring guarantees at the transfer of
personal data to third countries.
"Just as other banks, the ECB can not escape some responsibilities in the
SWIFT case which has breached the trust and private lives of many millions
of people. Secret, routine and massive access of third country authorities
to banking data is unacceptable. The financial community should therefore
provide payment systems which do not violate European data protection laws"
affirmed Hustinx in a written statement. He gave the ECB until April to
demonstrate that it complies with data protection laws.
However, the ECB does not admit any responsibility in the matter considering
data protection was not its concern but financial stability was. It also
considers the legislators should have given clearer guidance.
"The monitoring of SWIFT activities that do not affect financial stability
is not a matter for central bank oversight and, therefore, the US Treasury
subpoenas of SWIFT were outside the purview of central bank oversight. The
Oversight Group has no authority to oversee SWIFT with regard to compliance
with data protection laws," was ECB statement.
The bank said it would notify the organisations for whom it conducts
transactions and ask for their consent before sharing their data. It also
appreciated the initative of the EU and US data protection authorities,
intelligence agencies and financial regulators to find a way to properly
monitor international organisations like SWIFT.
The EDPS also addressed the ECB asking them to transfer data to third
parties only when they can guarantee the privacy protection of the owners of
the data transferred. The punitive actions that Hustinx could take against
ECB are limited. As SWIFT has no credible alternative, asking the ECB to
stop using their services would not be a reasonable measure.
EDPS calls on ECB to ensure that European payment systems comply with data
protection law - Press release (1.02.2007)
http://www.edps.europa.eu/EDPSWEB/webdav/site/mySite/shared/Documents/EDPS/…
essNews/Press/2007/EDPS-2007-1-EN_SWIFT.pdf
ECB blamed (again) for SWIFT privacy debacle (1.02.2007)
http://www.theregister.co.uk/2007/02/01/ecb_swift_edps/
Hands off our bank data, Europe tells US (23.11.2006)
http://www.theregister.co.uk/2006/11/23/ec_swift_ruling/
EDRI-gram: SWIFT found in breach of Belgian laws (11.10.2006)
http://www.edri.org/edrigram/number4.19/swift
============================================================
6. Belgium court backs decision against Google
============================================================
In the case brought by Copiepresse, a trade group representing 17 Belgium
newspapers, against Google for publishing links to newspaper articles
without permission, the Brussels Tribunal upheld its previous decision and
ruled that Google violated the copyright law.
Google was ordered to remove Belgian newspaper content from its search
engine results. The search engine is no longer allowed to refer to articles,
pictures or drawings of Copiepress members without previous agreements that
are to be negociated, non-compliance being fined by 25 000 Euros per day.
The ruling also says that any other copyright holder could get in touch
with Google and notify its copyright infringement. In this case Google has
to remove the content within 24 hours or pay a 1 000 euros a day fine.
Google will appeal the judgment as it considers that making reference to a
page is no violation of the law and is actually in favour of the Belgian
newspapers by sending Internet users to their websites.
"Search tools such as Google Web Search and Google News are of real benefit
to publishers because they drive valuable traffic to their websites and
connect them to a wider global audience," said the Google spokeswoman.
Some Belgian journalists have also considered that the court ruling will
lead to newspapers loosing readers as the traditional print newspapers are
in decline.
"We want more readers, not less readers. Belgian newspapers will not make
the internet work by trying to stand against the tide of global change,"
said a journalist.
The Belgium press plays at who gains looses with Google (Only in
French13.02.2007)
http://www.lemonde.fr/web/article/0,1-0@2-651865,36-866673@51-837044,0.html
Google must respect copyright (Only in French 13.02.2007)
http://www.rtbf.be/info/societe/ARTICLE_070337
Google to pay #2.4m over 'copyright breach' (13.02.2007)
http://www.telegraph.co.uk/news/main.jhtml?xml=/news/2007/02/13/wgoogle113.…
l
Google will appeal Copiepresse decision (13.02.2007)
http://www.out-law.com/page-7758
Belgian Court Decision (13.02.2007)
http://www.copiepresse.be/copiepresse_google.pdf
EDRI-gram : Belgium says no to Google News (26.09.2006)
http://www.edri.org/edrigram/number4.18/google_be
============================================================
7. European institutions try to impose a stronger position in the PNR debate
============================================================
The European Parliament intends to strengthen its opposition to the US
demands related to the transfer of European air passenger data (PNR).
Following the debate that took place on 31 January 2007 in the European
Parliament, the vote on the position that EU should have concerning the new
PNR agreement to be signed with USA on 31 July 2007 was delayed.
The end of the temporary agreement with the US gets closer and the US
maintain their threat to fine non-compliant airlines and deny them the
landing rights in the US. The American authorities already indicated that
they had no intention of changing the terms of the agreement to a better
data protection and privacy standards.
The Commission and the Council of Ministers have come to join the EP in its
position to this matter and they are very likely to ask for a shorter list
of data categories and the limitation of the access to these data only to US
immigration officers.
Very strong positions were expressed during the session by Guenther Gloser,
Germany's deputy foreign minister and the European commissioner in charge of
justice and home affairs issues, Franco Frattini.
"There is therefore the need to negotiate a very solid and stable legal
framework which will enable the exchange of PNR data with the United States
with full respect of data protection and privacy rights." said Frattini.
He expressed his concern related to the U.S. Automated Targeting System,
system by means of which millions of people have been assessed since 2002,
information made public only recently. The system is considered illegal even
in US by the Congress and some privacy advocates.
The Commissioner also added: "I have said on a number of occasions that the
right to privacy is for me non-negotiable. It has to be respected, fully and
completely. Legal certainty is also an important element for air-carriers.
It must be taken into account, as it has been from the very beginning. ..the
Commission is committed to continuing to give due consideration to privacy
on the one hand and legal security on the other, as they form key principles
of this file, without forgetting the importance of preventing and fighting
terrorism and related transnational crimes."
He also stressed the fact that the negotiations would be very challenging
requiring imagination and effort both from EU institutions as well as from
the US "in order to reach a very robust, solid solution."
In the absence of an agreement, the airlines will be placed in a very
delicate situation between being fined by US for failing to provide the data
or sued for non-complying with European data protection laws in case they do
so.
New developments in this matter will probably occur during this week's EP
session.
Data transfer to US: MEPs raise pressure (1.02.2007)
http://www.euractiv.com/en/justice/data-transfer-us-meps-raise-pressure/art…
le-161367
Europe preps for battle with U.S. over traveller data (1.02.2007)
http://www.infoworld.com/article/07/02/01/HNbattleontravelerdata_1.html
European Parliament: Joint debate on a new agreement on Passenger Name
Records (PNR) and on SWIFT data (31.01.2007)
http://www.euractiv.com/29/images/PNR+SWIFT_tcm29-161379.pdf
EDRI-gram : EU-US PNR agreement formally adopted by the EU Council
(25.10.2006)
http://www.edri.org/edrigram/number4.20/pnr
============================================================
8. Bulgaria fails to protect citizen's personal data
============================================================
A recent report made public by the Bulgarian National Audit Office about the
activity of the Commission for Personal Data Protection (CPDP) in Bulgaria
in the period 1 January 2003 - 31 December 2005 shows that CPDP has failed
in achieving its main purpose - to protect the citizen's personal data.
Parts of the National Audit Office report have been translated by Bulgarian
NGO Access to Information Programme and published on Statewatch. According
to the report, the CDPD has spent approx. 1.35 million Euro for its
activities, but has completed only 17 investigations at citizens'
complaints. The Commission has failed in creating the mandatory registry of
personal data processors and hasn't imposed any sanction so far.
Moreover, there is no policy in place, strategy or established goals for the
personal data protection field. The National Audit Office has considered
that CPDP did not function as a permanent working body since the main part
of its staff has predominantly maintained working relations with other
employers.
The report noted that no legal provisions regulates the registration
procedure, and the CPDP had not adopted written rules, procedures and
methodology for exercising control over the activities of the
administrators. The objects of control, the types of control activities and
their scope are not explicitly defined, the powers of the controllers are
defined vaguely and incompletely.
The flaws of the present data protection legislation and its implementation
have been highlighted by Access to Information Programme. The insufficient
protection of personal data in Bulgaria was criticized in the European
Commission monitoring reports in the pre-accession process, as well.
Bulgaria: The Commission for Personal Data Protection in Bulgaria has done
little for the protection of personal data - 1.35 million. Euro were spent
instead (01.02.2007)
http://www.statewatch.org/news/2007/feb/01bulgaria-dp.htm
Audit Report of the CDPD (only in Bulgarian, 30.01.2007)
http://www.bulnao.government.bg/pages.html?catID=18
Access to Information Programme - Bulgaria
http://www.aip-bg.org
============================================================
9. House of Lords produces report against the AVMS directive
============================================================
A report of the Lords European Union Committee offered new reasons to oppose
the Commission's draft Audiovisual Media Services Directive (AVMS),
successor of the Television Without Frontiers Directive, that will extend
television regulation to some Internet video services.
The Directive was approved in its first reading by the Parliament in
December 2006 and should be backed now by the Council of Ministers.
The Directive, as it is now drafted, applies only to commercial TV-like
services, but concerns still exist on the vagueness of what this would cover
and the fear that the regulation might be wrongly applied to other content
such as that of blogs.
Lord Freeman, chairman of the Lords European Union Committee stated: "Such
an attempt risks damaging the new media industry, which is a vibrant and
important sector of the UK's economy."
The report warned that the Directive might cause production companies
outside of the EU to try and escape the regulation, considering UK would be
one of the main victims of this action.
The Lords committee considers that EU as regulator should not help to
preserve the dominance of the players already established on the market and
does not see the necessity to introduce "quantitative restrictions on
advertising in a market which is now clearly open to competition".
"We are concerned that the identification of some of media services as
'television-like', may lead some to conclude that eventually 'like services'
should be regulated in a 'like-manner', i.e. a perfectly 'level playing
field'," said the report. "If these services are to be included at all we
agree that they must be regulated differently, but the wording and
definitions in the latest versions of the text may encourage the idea that
they can and should be regulated in the same way as television. We would
consider such a move now or in the future to be a grave error."
The EU presidency, presently hold by Germany, expressed its wish to finalise
the Directive by June 2007. The new act should be implemented within 2 years
into the national legislations of the member countries.
Television Without Frontiers - Report with Evidence - House of Lords -
European Union Committee, 3rd Report of Session 2006-07 (23.01.2007)
http://www.publications.parliament.uk/pa/ld200607/ldselect/ldeucom/27/27.pdf
Lords oppose new media Directive (8.02.2007)
http://www.out-law.com/page-7742
EDRI-gram: New Audiovisual Directive: First Reading in EU Parliament
completed (20.12.2006)
http://www.edri.org/edrigram/number4.24/avms
EP Legislative Observatory AVMS Directive file
http://www.europarl.europa.eu/oeil/file.jsp?id=5301252
============================================================
10. French Court decides on the sequel of Les Miserables
============================================================
The French Cour de Cassation (the highest Appeal Court in France) has taken
a decision regarding a sequel of the famous French book Les Miserables,
that was contested by one of the descendants of Victor Hugo. The Court
has refused to ban the appearance of the sequel and has taken into
consideration the right of adaptation and not just the moral right of
integrity. However, the procedure is not over yet.
The case started six years ago when the great-great-grandson of Victor
Hugo, Pierre Hugo, considered that two books published and marketed by Plon
publisher as the sequels of the famous "Les Miserables" were breaching
the moral rights of the author.
Victor Hugo's masterpiece is in the public domain, but, under the French
law, the moral rights of the author are considered timeless and are passed
on to descendants.
The Court of Appeal decided in March 2004 that Hugo's heirs were right in
their demands and condemned Plan in paying a symbolic 1 Euro as damages.
The Appeal Court considered that no sequel could be made on such a
masterpiece as Les Miserables, without breaching the moral right of the
author, that thought that his work was complete. However, Plon appealed the
decision to the Cour de Cassation.
The Cour de Cassation has reached a different conclusion. It considered that
a sequel of a work is mainly related with the right of adaptation, which is
one of the limited rights of the author (seventy years after its
death) contrary to the moral rights that are timeless. Since the work is in
the public domain, anyone has the right to write a sequel of that work. A
different opinion would mean the extension of this limited right and a
violation if the freedom to create new works. Therefore the mere writing of
a sequel could not be considered a breach of the moral rights of a work,
irrespective of the work quality.
Consequently, the case was sent back to the Court of Appeal, where
different judges should consider if the twobooks are really infringing the
moral rights of the author.
Les Misirables, sequel or end ? (only in French, 2.02.2007)
http://www.lesechos.fr/info/metiers/4532468.htm
Heir of Victor Hugo fails to stop Les Mis II (31.01.2007)
http://www.guardian.co.uk/international/story/0,,2002303,00.html
============================================================
11. Recommended reading
============================================================
Data Protection Working Party - Opinion 1/2007 on the Green Paper on
Detection Technologies in the Work of Law Enforcement, Customs and other
Security Authorities
http://ec.europa.eu/justice_home/fsj/privacy/docs/wpdocs/2007/wp129_en.pdf
============================================================
12. Agenda
============================================================
15-16 February 2007, Brussels, Belgium
Scientific Publishing in the European Research Area
Access, Dissemination and Preservation in the Digital Age
http://ec.europa.eu/research/science-society/page_en.cfm?id=3459
19-23 February 2007, Geneva, Switzerland
Provisional Committee on Proposals Related to a WIPO Development Agenda:
Third Session
http://www.wipo.int/meetings/en/details.jsp?meeting_id=11926
18-20 February 2007, Salamanca, Spain
International Association for Development of the
Information Society Web Based Communities 2007 Conference
http://www.webcommunities-conf.org
22 February 2007, Amsterdam, Netherlands
The Future of Ambient Intelligence
http://www.clubofamsterdam.com/event.asp?contentid=653
13-14 March 2007 Brussels, Belgium
The EU RFID Forum 2007
http://ec.europa.eu/information_society/policy/rfid/conference2007_reg/inde…
en.htm
16 March 2007, Hannover, Germany
European Commission conference on Mobile TV at CeBIT
http://ec.europa.eu/information_society/events/cebit_07/index_en.htm
1-4 May 2007, Montreal, Canada
7th Conference on Computers, Freedom, and Privacy (CFP2007)
http://www.cfp2007.org/live/
18-19 May 2007, Brasov, Romania
eLiberatica - The Benefits of Open and Free Technologies - Romanian IT Open
Source and Free Software Conference
http://www.eliberatica.ro/
============================================================
13. About
============================================================
EDRI-gram is a biweekly newsletter about digital civil rights in Europe.
Currently EDRI has 25 members from 16 European countries.
European Digital Rights takes an active interest in developments in the EU
accession countries and wants to share knowledge and awareness through the
EDRI-grams. All contributions, suggestions for content, corrections or
agenda-tips are most welcome. Errors are corrected as soon as possible and
visibly on the EDRI website.
Except where otherwise noted, this newsletter is licensed under the
Creative Commons Attribution 2.0 License. See the full text at
http://creativecommons.org/licenses/by/2.0/
Newsletter editor: Bogdan Manolea <edrigram(a)edri.org>
Information about EDRI and its members:
http://www.edri.org/
- EDRI-gram subscription information
subscribe by e-mail
To: edri-news-request(a)edri.org
Subject: subscribe
You will receive an automated e-mail asking to confirm your request.
unsubscribe by e-mail
To: edri-news-request(a)edri.org
Subject: unsubscribe
- EDRI-gram in Macedonian
EDRI-gram is also available partly in Macedonian, with delay. Translations
are provided by Metamorphosis
http://www.metamorphosis.org.mk/edrigram-mk.php
- EDRI-gram in German
EDRI-gram is also available in German, with delay. Translations are provided
Andreas Krisch from the EDRI-member VIBE!AT - Austrian Association for
Internet Users
http://www.unwatched.org/
- Newsletter archive
Back issues are available at:
http://www.edri.org/edrigram
- Help
Please ask <edrigram(a)edri.org> if you have any problems with subscribing or
unsubscribing.
----- End forwarded message -----
--
Eugen* Leitl <a href="http://leitl.org">leitl</a> http://leitl.org
______________________________________________________________
ICBM: 48.07100, 11.36820 http://www.ativel.com
8B29F6BE: 099D 78BA 2FD3 B014 B08A 7779 75B0 2443 8B29 F6BE
[demime 1.01d removed an attachment of type application/pgp-signature which had a name of signature.asc]
1
0
06 Jul '18
Lessig's article is pretty powerful.
I think it's amazing that you can kill someone and get out in less than a
decade, but if you "steal" Intellectual Property (without even
distributing it) you can get a life sentence.
Such things point to Corporations being first-class persons and us
flesh-and-blood people are at best second-class.
- Joe
_______________________________________________
FoRK mailing list
http://xent.com/mailman/listinfo/fork
----- End forwarded message -----
--
Eugen* Leitl <a href="http://leitl.org">leitl</a> http://leitl.org
______________________________________________________________
ICBM: 48.07100, 11.36820 http://www.ativel.com http://postbiota.org
8B29F6BE: 099D 78BA 2FD3 B014 B08A 7779 75B0 2443 8B29 F6BE
1
0
I've been working since late July on Trubanc, an anonymous,
digitally-signed vault and trading system. Inspired by Patrick
Chkeroff's Loom.cc, but with digital signatures for security. The
first version of a web client is available for beta testing. Check it
out. Send me email to get a coupon with the usage tokens you need to
register.
Site: http://trubanc.com/
Announcement: http://billstclair.com/blog/trubanc_web_client_public_beta.html
Client: http://trubanc.com/client/
Client docs: http://trubanc.com/client.html
Technical stuff
Protocol description: http://trubanc.com/plain-english.html
Protocol and database details: http://trubanc.com/viewtext.php?file=doc/db.txt
Client database details: http://trubanc.com/viewtext.php?file=doc/client.txt
Source viewer: http://trubanc.com/viewtext.php
Git archive: http://repo.or.cz/w/Trubanc.git
It's open source. Please review for security if you're inclined and
able.
Mine is a US-based testing and development server only. Hopefully,
servers with real assets, hosted in financial-privacy-respecting
countries, will follow shortly, maybe run by some of you.
-Bill
1
0
As some of you may know, the FreePastry group at Rice University is
developing ePOST, a secure, decentralized, p2p email system. The service
is provided cooperatively by the user's desktop computers, and ePOST
provides better security and fault tolerance than existing email systems.
Email exchanged between ePOST users is cryptographically sealed and
authenticated and the service remains available even when traditional mail
servers have failed. ePOST gives users plenty of email storage (users can
use as much as they contribute of their own disk space). Moreover, users
don't have to entrust their email to a commercial provider, who may mine
thier data, target them with advertisement or start charging them once
they're hooked. ePOST has been running as the primary email system for
members of our group for over a year.
ePOST works by joining a peer-to-peer network running a personal IMAP and
SMTP server on your desktop, which is only for your email. ePOST is
backward compatible with existing email systems, and your ePOST email
address works just like a normal email address - you can send and receive
messages from non-ePOST users. Additionally, you can use your existing
email clients with ePOST, since ePOST provides standard IMAP and POP3
servers.
A few of other features of ePOST are:
- support for SSL connections
- a data durability layer called Glacier, providing durability with up to
60% member node failures
- support for laptops and machines behind NATs
- support for networks with routing anomalies
More information about ePOST is available at http://www.epostmail.org/.
We now welcome additional ePOST users. If you are interested in seting up
an ePOST account, please follow the installation instructions posted at
http://www.epostmail.org/install.html. Most ePOST users have set up mail
forwarding so that a copy of incoming mails are kept on their normal mail
server, in addition to being forwarded to their ePOST account. We
recommend this setup until ePOST is no longer in beta status, although we
have not found an instance yet where using this backup was necessary to
recover a lost email.
Also, please let us know if you are interested in running a local ePOST
ring at your institution. Running such a ring allows organizations to
ensure all overlay traffic remains internal to the organization, while
maintaining global connectivity. More information on running an
organizational ring is available at http://www.epostmail.org/deploy.html.
We are currently collecting high-level statistics from all of the ePOST
nodes in our deployment for research purposes. These statistics concern
the number of overlay messages sent and the amount of data stored on disk.
We are not recording the plain text of emails, nor are we examining which
users are exchanging emails. If the collection of statistics would
prevent you from using ePOST, please don't hesitate to contact us, and we
can turn these features off for you.
Thanks again for your help, and don't hesitate to ask us any questions,
comments, or suggestions,
Alan Mislove, Ansley Post, Andreas Haeberlen, and Peter Druschel
(epost-team(a)rice.epostmail.org)
_______________________________________________
p2p-hackers mailing list
p2p-hackers(a)zgp.org
http://zgp.org/mailman/listinfo/p2p-hackers
_______________________________________________
Here is a web page listing P2P Conferences:
http://www.neurogrid.net/twiki/bin/view/Main/PeerToPeerConferences
----- End forwarded message -----
--
Eugen* Leitl <a href="http://leitl.org">leitl</a>
______________________________________________________________
ICBM: 48.07078, 11.61144 http://www.leitl.org
8B29F6BE: 099D 78BA 2FD3 B014 B08A 7779 75B0 2443 8B29 F6BE
http://moleculardevices.org http://nanomachines.net
[demime 1.01d removed an attachment of type application/pgp-signature which had a name of signature.asc]
1
0
The most notable feature in this release of nym is that you can now use nym
entirely from your web browser:
http://www.lunkwill.org/src/nym/javascript/jsnymclient.html
Until someone figures out how to create client certificate requests in
Javascript, the CA will have to do so instead (or, you could generate the
request on a separate machine and paste it in with a trivial hack). This
means the CA will know your certificate's private key; this is bad if you
want to make sure you can never be impersonated. It's actually good if you
want deniability, since you can always claim that the CA chose to
impersonate you.
There are other miscellaneous bugfixes which break compatibility with
earlier versions.
Sources (including the javascript client) are available here, as always:
http://www.lunkwill.org/src/nym/
-J
----- End forwarded message -----
--
Eugen* Leitl <a href="http://leitl.org">leitl</a>
______________________________________________________________
ICBM: 48.07100, 11.36820 http://www.leitl.org
8B29F6BE: 099D 78BA 2FD3 B014 B08A 7779 75B0 2443 8B29 F6BE
[demime 1.01d removed an attachment of type application/pgp-signature which had a name of signature.asc]
1
0