An anonymous reader writes: Professional sports have become a minefield of copyright and trademark issues, and no event moreso than the Super Bowl. Sherwin Siy of Public Knowledge has an article debunking some of the things the NFL has convinced people they can't do, even through they're perfectly legal. For example, you've probably heard the warning about how "descriptions" and "accounts" of the game are prohibited without the NFL's consent. That's all hogwash: "The NFL would be laughed out of court for trying to prevent them from doing so—just because you have a copyright in a work doesn't mean you can prevent people from talking about it. Copyright simply doesn't extend that far." Recording the game and watching it later is just fine, too.
So, will you be paying attention to the game today? Ignoring it? Practicing your cultivated disinterest?
"Uber has been the subject of controversy all around the globe," notes new submitter yuetteasvy (3999351), who supplies this story from Reuters about one of the reasons for that controversy: An Indian woman who says she was raped by an Uber driver while she was traveling in his cab in December is suing the San Francisco–based online firm in a U.S. federal court in California, claiming it failed to put in place basic safety procedures while running its car service in India. In her lawsuit, filed on Thursday, the New Delhi woman called the app-based service the "modern day equivalent of electronic hitchhiking." The unidentified plaintiff also calls for Uber to overhaul its safety practices, and seeks unspecified damages in the case, according to Reuters. The news agency quoted Uber as saying that it's "deepest sympathies remain with the victim of this horrific crime." Earlier, the woman was reported to have enlisted the services of Douglas Wigdor, a high-profile U.S. lawyer who represented Nafissatou Diallo, the New York City hotel maid who accused the former International Monetary Fund managing director Dominique Strauss-Kahn of sexual assault. Prosecutors from the Manhattan district attorney's office went on to drop all charges against Strauss-Kahn, while a civil suit was settled out of court.
Jason Koebler writes: Leslie Caldwell, an assistant attorney general at the Justice Department, said Tuesday that the department is "very concerned" by the Google's and Apple's decision to automatically encrypt all data on Android and iOS devices.
"We understand the value of encryption and the importance of security," she said. "But we're very concerned they not lead to the creation of what I would call a 'zone of lawlessness,' where there's evidence that we could have lawful access through a court order that we're prohibited from getting because of a company's technological choices.
HughPickens.com writes The Independent reports that hacktivist group Anonymous, in a project named Operation DeathEaters, is calling for help in its fight against international pedophile networks, or what it calls the "paedosadist industry" and has issued a video instructing activists on how they can aid in the operation. The Anonymous project is intended to break what it says is a conspiracy of silence among sympathetic politicians, police and mainstream media to downplay the full extent of the online child sex industry. "The premise behind OpDeathEaters is to expose high level complicity, obstruction of justice and cover-up in the paedo-sadist industry in order to show the need for independent inquiries," says Heather Marsh, an online activist who is helping to co-ordinate the operation and describes herself as an "old friend" of Anonymous. The Anonymous database, which will be hosted on the GitHub online repository, promises to collate cases from all around the world, cross-referencing connections within sub-groups including the police, armed forces, schoolteachers, politicians, media, academics and religious organisations. The database's ultimate purpose has yet to be fully determined, but in the first instance the group says it wants to shut down the child-sex industry by "dismantling the power structure which held it there" and by "educating to create a cultural change".
The group is calling on volunteers to help with the ongoing work, which has been divided into three steps. The first is about collecting "all the factual information," second is to "share that information as widely as possible," and the third step is "to set up an independent, internationally linked, inquiry into all the areas which do not appear to have been investigated properly." Activists point to the muted media coverage given to a recent case in Washington DC in which Michael Centanni, a senior Republican fundraiser, was charged with child sex offences after investigators traced transmissions of child pornography to his computers in his basement. The case was not covered by The Washington Post or the New York Times, and was only picked up by a local NBC affiliate state and The Washington Examiner, a small conservative paper in the city.
According to the court filings, Centanni was found in possession of 3,000 images, many apparently filmed in his own bedroom, including one showing a man raping a five-year-old girl who cries "no" and "mommy" while the man says "good baby" and "stop crying," according to one filing.
An anonymous reader writes: The complainant in a sexual harassment case has come forward and told her story about what happened when she was a student in a MOOC led by a rockstar professor. "It would take almost a year before Harbi, with the help of MIT’s investigators, said she came to understand that Lewin’s interest in her was not motivated by empathy, and that their first conversations included inappropriate language. Shortly after contacting her, Harbi said, Lewin quickly moved their friendship into uncomfortable territory, and she was pushed to participate in online sexual role-playing and send naked pictures and videos of herself."
An anonymous reader writes with news that a journalist linked to Anonymous, Barret Brown, has been sentenced. "Barrett Brown, a journalist formerly linked to the hacking group Anonymous, was sentenced Thursday to over five years in prison, or a total of 63 months. Ahmed Ghappour, Brown's attorney, confirmed to Ars that Brown's 28 months already served will count toward the sentence. That leaves 34 months, or nearly three years, left for him to serve. In April 2014, Brown took a plea deal admitting guilt on three charges: "transmitting a threat in interstate commerce," for interfering with the execution of a search warrant, and to being "accessory after the fact in the unauthorized access to a protected computer." Brown originally was indicted in Texas federal court in December 2012 on several counts, including accusations that he posted a link from one Internet relay chat channel, called #Anonops, to another channel under his control, called #ProjectPM. The link led to private data that had been hijacked from intelligence firm Strategic Forecasting, or Statfor."
sarahnaomi writes On Wednesday, prosecutors in the Silk Road trial began to lay out the wealth of evidence found on the laptop taken from accused kingpin Ross Ulbricht in a San Francisco library in October 2013. The evidence presented by prosecutor Timothy Howard was the most comprehensive and damning thus far, including more than a thousand pages of chats between the site's pseudonymous operator Dread Pirate Roberts and Silk Road administrators. Also entered into evidence was a journal that dates back to at least 2010 describing the creation and operation of the site. FBI computer scientist Thomas Kiernan, the second witness in the trial, testified about the day Ulbricht was arrested and the evidence gathered from his laptop.
jfruh writes Last week, justice ministers from EU countries called for ISPs to censor or block certain content in the "public interest." But a legal analysis shows that such moves could actually violate EU privacy laws, since it would inevitably involve snooping on the content of Internet traffic to see what should be blocked.
An anonymous reader writes With the Ulbricht trial ongoing in a case over the original Silk Road, Homeland Security agents have made another arrest in the Silk Road 2.0 case more than two and a half months after the site was shut down. This time they arrested Brian Richard Farrell who went by the moniker "DoctorClu." From the article: "Homeland Security agents tracked Silk Road 2.0 activity to Farrell's Bellevue home in July, according to an affidavit by Special Agent Michael Larson. In the months that followed, agents watched his activities and interviewed a roommate who said Farrell received UPS, FedEx and postal packages daily. One package was found to contain 107 Xanax pills, Larson said. That led to a search on Jan. 2 that recovered computers, drug paraphernalia, silver bullion bars worth $3,900, and $35,000 in cash, Larson said."
SonicSpike writes The investigative arm of the Department of Justice is attempting to short-circuit the legal checks of the Fourth Amendment by requesting a change in the Federal Rules of Criminal Procedure. These procedural rules dictate how law enforcement agencies must conduct criminal prosecutions, from investigation to trial. Any deviations from the rules can have serious consequences, including dismissal of a case. The specific rule the FBI is targeting outlines the terms for obtaining a search warrant. It's called Federal Rule 41(b), and the requested change would allow law enforcement to obtain a warrant to search electronic data without providing any specific details as long as the target computer location has been hidden through a technical tool like Tor or a virtual private network. It would also allow nonspecific search warrants where computers have been intentionally damaged (such as through botnets, but also through common malware and viruses) and are in five or more separate federal judicial districts. Furthermore, the provision would allow investigators to seize electronically stored information regardless of whether that information is stored inside or outside the court's jurisdiction.
schwit1 writes: Shuji Nakamura won the 2014 Nobel Prize in Physics (along with two other scientists) for his work inventing blue LEDs. But long ago he abandoned Japan for the U.S. because his country's culture and patent law did not favor him as an inventor. Nakamura has now blasted Japan for considering further legislation that would do more harm to inventors.
"In the early 2000s, Nakamura had a falling out with his employer and, it seemed, all of Japan. Relying on a clause in Japan's patent law, article 35, that assigns patents to individual inventors, he took the unprecedented step of suing his former employer for a share of the profits his invention was generating. He eventually agreed to a court-mediated $8 million settlement, moved to the University of California, Santa Barbara (UCSB) and became an American citizen. During this period he bitterly complained about Japan's treatment of inventors, the country's educational system and its legal procedures. 'The problem is now the Japanese government wants to eliminate patent law article 35 and give all patent rights to the company. If the Japanese government changes the patent law it means basically there would no compensation [for inventors].'"
There is a similar problem with copyright law in the U.S., where changes to the law in the 1970s and 1990s have made it almost impossible for copyrights to ever expire. The changes favor the corporations rather than the individuals who might actually create the work.
A story at Ars Technica describes yet another Federal database of logged call details maintained by the Federal government which has now come to light, this one maintained by the Department of Justice rather than the NSA, and explains how it came to be discovered: [A] three-page partially-redacted affidavit from a top Drug Enforcement Agency (DEA) official, which was filed Thursday, explained that the database was authorized under a particular federal drug trafficking statute. The law allows the government to use "administrative subpoenas" to obtain business records and other "tangible things." The affidavit does not specify which countries records were included, but specifically does mention Iran. ... This database program appears to be wholly separate from the National Security Agency’s metadata program revealed by Edward Snowden, but it targets similar materials and is collected by a different agency. The Wall Street Journal, citing anonymous sources, reported Friday that this newly-revealed program began in the 1990s and was shut down in August 2013. From elsewhere in the article:
"It’s now clear that multiple government agencies have tracked the calls that Americans make to their parents and relatives, friends, and business associates overseas, all without any suspicion of wrongdoing," [said ACLU lawyer Patrick Toomey]. "The DEA program shows yet again how strained and untenable legal theories have been used to secretly justify the surveillance of millions of innocent Americans using laws that were never written for that purpose."
According to an article at The Wall Street Journal, President Obama has sided with British Prime Minister David Cameron in saying that police and government agencies should not be blocked by encryption from viewing the content of cellphone or online communications, making the pro-spying arguments everyone has come to expect:
“If we find evidence of a terrorist plot and despite having a phone number, despite having a social media address or email address, we can’t penetrate that, that’s a problem,” Obama said. He said he believes Silicon Valley companies also want to solve the problem. “They’re patriots.” ... The president on Friday argued there must be a technical way to keep information private, but ensure that police and spies can listen in when a court approves. The Clinton administration fought and lost a similar battle during the 1990s when it pushed for a “clipper chip” that would allow only the government to decrypt scrambled messages.
An anonymous reader writes There have been plenty of false rumors about cell phones being
opened up to telemarketers, but now the FCC is actually
considering it. From the article: "Consumers have long had the support of government to try to
control these calls, chiefly through the Telephone Consumer
Protection Act, which actually allows consumers to file lawsuits and collect penalties
from companies that pepper them with robocalls or text messages
they didn't agree to receive. But now the Federal Communications Commission is considering
relaxing a key rule and allowing businesses to call or text your
cellphones without authorization if they say they called a wrong
number. The banking industry and collections industry are pushing
for the change." In one
case recently, AT&T called one person 53 times after he
told them they had a wrong number...and ended up paying $45 million
to settle the case. Around 40 million phone numbers are "recycled" each year in the
U.S. Twice, I've had to dump a number and get a new one because
I was getting so many debt collection calls looking for someone
else. Apparently the FCC commissioners may not be aware of the
magnitude of the "wrong number" debt collection calls and aren't
aware that lots of people still have per-minute phone plans.
Anyone can file
comments on this proposal with the FCC.
New submitter cooler-than-ice (3981829) writes with this story from the Washington Post: Belgian leaders on Friday sought sweeping new powers to monitor and punish their citizens for involvement with terrorism, joining France in an effort to rewrite laws just hours after dozens of arrests across Europe offered dramatic evidence of the threats security officials say are facing the continent.
From the article: Apart from expanding powers to strip citizenship for dual nationals, Belgian leaders on Friday proposed devoting an additional $348 million to counterterrorism efforts. They also said they wanted the ability to take away identity documents to make it more difficult for people to travel to Syria and elsewhere. ... “As a result of the events in Paris, combined with what happened yesterday in Belgium, the political unanimity is quite great,” said Rik Coolsaet, a terrorism expert at Ghent University. “It is a bit of 9/11 syndrome.”
France is also charging forward with attempts to expand government powers to monitor threats — and to punish those who praise or do not readily condemn terrorism. Leaders this week called for new legislation to significantly bolster domestic intelligence agencies.
An anonymous reader writes Is it possible that using secure email services can be construed as an indicator of being a terrorist? Although it's a ridiculous notion that using secure email implies criminal activities, a judge cited that reason to partially justify arrests in Spain. In December, as part of "an anti-terrorist initiative" Operation Pandora, over 400 cops raided 14 houses and social centers in Spain. They seized computers, books, and leaflets and arrested 11 people. Four were released under surveillance, but seven were "accused of undefined terrorism" and held in a Madrid prison. This led to "tens of thousands" participating in protests. As terrorism is alleged "without specifying concrete criminal acts," the attorney for those seven "anarchists" denounced the lack of transparency.
gurps_npc writes: As most people know, the US has for quite some time let police seize pretty much anything they wanted to, forcing you to go to court to get back your stuff (at significant expense). Most of the problems came about because the Federal government let the local cops keep most of what they took.
Eric Holder, the U.S. Attorney General, has changed the rules of that program, making it more difficult for the police to do it under the federal program. They can still use local state programs, but that accounts for only about 57% of the cash taken. Holder did not end the program entirely — he left in some exceptions for things like explosives, weapons, and items related to child pornography, which all together amount to about 1% of the current federal program. Still, with this action he will have struck a serious blow to a despicable practice that serious newspapers and comedy TV shows decried as nothing more than legalized theft.