As you probably know, Instagram’s new Terms of Use, which stirred up quite an Internet tizzy, kick in tomorrow. Terms of Use for websites, are for the most part, all full of the same impenetrable legalese. Instagram’s Terms are no exception. We asked our intrepid Associate Counsel, Jesse Ma, Esq., to translate it into English, so you can actually understand it. Here it is: More »
Controversial backscatter body scanners which could show “nude” images of airport travellers will be retired, the US Transportation Security Administration (TSA) has confirmed, after the manufacturer couldn’t deliver privacy software swiftly enough. The 174 Rapiscan scanners in use across the US will be returned to the manufacturer, OSI Systems, Bloomberg reports, after “it became clear to TSA they would be unable to meet our timeline” on developing masking software that would obscure individual identities, a spokesperson for the agency confirmed.
Pressure to develop a software update that would prevent the images from the backscatter scanners from being personally identifiable to the travellers themselves came from the US Congress, after increasing complaints from privacy advocates and passengers. That resulted in a new contract back in August 2010, with the TSA demanding new software that preserved highlighting of potential weapons or other contraband, but did not overstep the mark on identification.
OSI Systems eventually revealed that it did not expect to have such a fix until 2014, despite rival suppliers to the TSA being able to meet the requirement in 2011. “As a result of that,” assistant administrator for acquisitions Karen Shelton Waters said, “we terminated the contract for the convenience of the government.”
The manufacturer will foot the bill – expected to amount to around $2.7m – for pulling the Rapiscan machines from airports and shifting them to other US government agencies (which have less stringent privacy demands). Still in operation, however, are other body scanning machines manufactured by L-3 Communications Holdings, which use a different technology and have had a privacy patch installed for several years.
Sixty of the L-3 scanners – which use millimeter-wave technology rather than X-rays – are in operation across US airports; the TSA also has contracts out with L-3 and two other providers for new models. Far more prevalent, of course, are the equally-controversial “enhanced pat-downs” introduced in late 2010, in which TSA agents investigate with their hands the groin, inner-thigh area, waistband, and other parts of the body. Exact details of the enhanced procedure are confidential, with the TSA citing security concerns.
In addition to the new scanners, the TSA apparently intends to broaden the existing PreCheck program, which trades personal information supplied in advance of travel for the potential for reduced checks while at the airport. However, the scheme only operates for domestic flights within the US, and only US citizens are eligible to register for membership.
The TSA doesn’t want to see you naked any more (just fondle you) is written by Chris Davies & originally posted on SlashGear.
© 2005 – 2012, SlashGear. All right reserved.
We’ve been following the saga of Kim Dotcom and Megaupload for a long time now. While most of the coverage is focused on attempts by the United States to extradite Dotcom and other managers of Megaupload to the US to stand trial, it’s been easy to forget about the data confiscated. Recently the United States government tried to get access to all data stored on Megaupload servers that were seized in Canada.
The United States Government sent a request to a court in Ontario asking the court to send mirror-imaged copies of 32 computer servers to US authorities. The Ontario courtroom rejected the request of the US indicating that a more refined order was needed. Interestingly, Megaupload’s legal team had never fought the seizure of the servers in Canada.
However, the legal team representing Megaupload did argue that there was a large volume of data and information on the servers and sending blanket mirror copies of the data would be overly broad. Megaupload maintains that the amount of data on the 32 servers is equal to roughly 100 laptops and urged the court to review the content.
The Canadian judge told the United States government to refine the request and limit requested data to information relevant to the case. We will continue to follow the Megaupload case, as more information is made available in the coming weeks and months.
[via Michaelgeist.ca]
Canadian court rejects US request for Megaupload server data is written by Shane McGlaun & originally posted on SlashGear.
© 2005 – 2012, SlashGear. All right reserved.
The US Attorney overseeing Aaron Swartz‘s trial has responded to criticisms of the prosecution and allegations that it prompted Swartz’s suicide, arguing that the likely outcome of the case was far less dramatic than the $1m fine and 35 year prison term rumored. In an official statement, US Attorney Carmen Ortiz opens by extending “heartfelt sympathy” for Swartz’s family and friends, but insists that not only did the prosecutors involved take on “the difficult task of enforcing a law they had taken an oath to uphold, and did so reasonably” but that Swartz was offered a far more lenient plee bargain than has widely been suggested.
In fact, Ortiz writes, “the prosecutors recognized that there was no evidence against Mr. Swartz indicating that he committed his acts for personal financial gain, and they recognized that his conduct – while a violation of the law – did not warrant the severe punishments authorized by Congress and called for by the Sentencing Guidelines in appropriate cases.”
Instead of the maximum penalty – which amounts to up to $1m in fines and up to 35 years in prison – the prosecution supposedly felt “six months in a low security setting” was more appropriate, Ortiz says. In fact, suggestions that Swartz was threatened into suicidal behavior with outlandish punishments is unfounded, she continues. “At no time did this office ever seek – or ever tell Mr. Swartz’s attorneys that it intended to seek – maximum penalties under the law” the US Attorney insists.
Earlier this week, the US District Court posthumously dropped the case against Swartz.
Whether Ortiz’s comments will diffuse the growing sense of anger at the prosecution for what has been portrayed as hounding the open-data activist to his death is unclear. Lawrence Lessig’s piece “Prosecutor as Bully” is unstinting in its criticism, while Rep. Zoe Lofgren took to Reddit to announce “Aaron’s Law,” a change to the Computer Fraud and Abuse Act that would [pdf link] remove the elements Swartz was prosecuted on.
STATEMENT OF UNITED STATES ATTORNEY CARMEN M. ORTIZ REGARDING THE DEATH OF AARON SWARTZ
As a parent and a sister, I can only imagine the pain felt by the family and friends of Aaron Swartz, and I want to extend my heartfelt sympathy to everyone who knew and loved this young man. I know that there is little I can say to abate the anger felt by those who believe that this office’s prosecution of Mr. Swartz was unwarranted and somehow led to the tragic result of him taking his own life.
I must, however, make clear that this office’s conduct was appropriate in bringing and handling this case. The career prosecutors handling this matter took on the difficult task of enforcing a law they had taken an oath to uphold, and did so reasonably. The prosecutors recognized that there was no evidence against Mr. Swartz indicating that he committed his acts for personal financial gain, and they recognized that his conduct – while a violation of the law – did not warrant the severe punishments authorized by Congress and called for by the Sentencing Guidelines in appropriate cases. That is why in the discussions with his counsel about a resolution of the case this office sought an appropriate sentence that matched the alleged conduct – a sentence that we would recommend to the judge of six months in a low security setting. While at the same time, his defense counsel would have been free to recommend a sentence of probation. Ultimately, any sentence imposed would have been up to the judge. At no time did this office ever seek – or ever tell Mr. Swartz’s attorneys that it intended to seek – maximum penalties under the law.
As federal prosecutors, our mission includes protecting the use of computers and the Internet by enforcing the law as fairly and responsibly as possible. We strive to do our best to fulfill this mission every day.
[via Boston Business Journal] [Image credit: CreativeCommons]
US Attorney defends Aaron Swartz prosecution, denies huge penalty threats is written by Chris Davies & originally posted on SlashGear.
© 2005 – 2012, SlashGear. All right reserved.
It has been a while since we last heard about the patent war between Apple and Samsung, but that doesn’t mean the two companies haven’t been busy going at each other. Earlier today, it was ruled that both companies can introduce new gadgets into their ongoing lawsuit, including the iPhone 5 and Galaxy Note II. Both sides claim the other’s gadgets infringe on its patents.
Back on November 16, Judge Paul Grewal had ruled that both companies could add products to the lawsuit, citing concerns that not allowing them to do so would prompt new lawsuits. Earlier today, Judge Grewal once again approved the adding of products to the lawsuit for both Apple and Samsung, with the former adding five.
Apple has tacked the Galaxy S III running Android 4.1, as well as the Galaxy Note II, Galaxy Tab 8.9 with wifi, Galaxy Tab 2 10.1, and the Rugby Pro to its filings. Samsung, meanwhile, was a tad more conservative, simply adding the iPhone 5. The trial isn’t set to take place until March of 2014, so we’ll likely see more products added before it’s all said and done.
Neither Samsung nor Apple have made any public comments on the update yet. This is part of an ongoing lawsuit between the two companies, with both claiming harm due to the actions of the other. If you feel like picking your way through the legalese, you can check out the lawsuit Apple v. Samsung Electronics Co. (005930) Ltd., 12-cv-00630, U.S. District Court, Northern District of California (San Jose).
[via CNET]
Apple and Samsung add array of devices to patent lawsuit is written by Brittany Hillen & originally posted on SlashGear.
© 2005 – 2012, SlashGear. All right reserved.
Gun control and violent video games have been a hot topic recently. Ever since the shootings in Aurora, Colorado and Newtown, Connecticut, critics have put blame on violent video games as the source of violent behavior by teenagers and young adults. And now, a Missouri lawmaker is proposing a new bill that would levy a 1% tax on the sale of violent video games.
Missouri House Representative Diane Franklin is sponsoring a state bill that would see the tax applied to video games based on their ESRB ratings, and the revenues from the tax would go towards “the treatment of mental health conditions associated with exposure to violent video games.” The tax would be applied to video games with at least a “T” rating (Teen).
The Associated Press mentions that both Missouri’s Democratic governor, and the Republican majority controlling the general assembly oppose any new taxes, so it’ll be interesting to see exactly how far this bill goes, but the rise of concern among violent video games may change some lawmakers’ minds about the subject.
If the bill ends up passing, games such as Starcraft 2, EVE Online, Tropico 4, and even The Sims 3 would all be taxed in Missouri because of the amount of supposed violence in them. Other proposals for a tax levy on violent video games were brought up in Oklahoma last year, and in New Mexico in 2008, both of which failed to pass.
Missouri lawmaker wants to levy tax on violent video games is written by Craig Lloyd & originally posted on SlashGear.
© 2005 – 2012, SlashGear. All right reserved.
If you’re not familiar with the legal battle between Apple and Amazon, the two companies have been fighting over the term “app store” for quite some time now, and they have a trial date set for August 19 later this year. However, the judge presiding over the case has ordered the two companies to talk it out first before heading into the court room.
According to Bloomberg, representatives and lawyers from both companies will be required to meet on March 21 in order to attempt to reach a settlement. And while both sides could end up just going ’round and ’round, the judge has strictly enforced that “no participant in the settlement conference will be permitted to leave the settlement conference before it is concluded.”
Of course, it’s very likely that a settlement won’t be reached. Apple and Amazon have been battling over use of the “app store” term for almost two years now. Apple says that Amazon has inappropriately used its App Store name to promote the Amazon Appstore, and the Cupertino-based company says it’s their trademarked name, while Amazon argues that it’s a generic term.
Recently, however, the court dismissed Apple’s claim that Amazon’s use of the term was false advertising, but the larger infringement case is still set to occur later this year. So while Apple and Amazon will be forced to meet in a conference room to discuss their differences, we’re not sure how it will turn out exactly — stay tuned until late March when the two companies face one another.
[via Bloomberg]
Apple and Amazon ordered to meet over App Store court case is written by Craig Lloyd & originally posted on SlashGear.
© 2005 – 2012, SlashGear. All right reserved.
AMD has accused several former employees of stealing more than 100,000 confidential files before jumping ship to NVIDIA, potentially leaking trade secrets on high-profile gaming projects, and has filed for injunctive relief against the execs involved. “This is an extraordinary case of trade secret transfer/misappropriation and strategic employee solicitation,” AMD writes in its complaint, ExtremeTech reports, alleging that some of its former team attempted to lure their ex-colleagues over to NVIDIA while also clearing out evidence that they’d raided AMD’s document database.
Robert Feldstein, Manoo Desai, Nicholas Kociuk, and Richard Hagen are the four former employees AMD has named, all four of which have left the chip company within the past twelve months and joined the ranks at NVIDIA. According to AMD, Feldstein – acknowledged as instrumental to AMD’s console endeavours, including the work that is believed to have secured the PlayStation 4 and Xbox “720″ Durango contracts from Sony and Microsoft respectively – and Hagen both helped recruit Desai, “who in turn recruited Kociuk and perhaps additional AMD employees.”
AMD’s investigation apparently turned up evidence that Feldstein, Desai, and Kociuk all used portable storage devices to make copies of “trade secret files and information” just prior to leaving the chip firm. “The names of identified and transferred files match identically or very closely to the names of files on their AMD systems that include obviously confidential, proprietary, and/or trade secret materials relating to developing technology and/or highly confidential business strategy” AMD’s complaint states.
The four defendants signed “no-solicitation of employees” agreements, as well as non-disclosure agreements, AMD points out, and if the allegations are true, are in breach of both. There’s no direct mention of NVIDIA being in any way directly involved, however, with AMD careful to keep its accusations focused on the four employees themselves, and it’s unstated whether AMD believes the quartet actually distributed the files while at NVIDIA. Among AMD’s claims are suggestions that some of the four discussed how to “manipulate and eliminate certain data” on their computers, prior to leaving the company, or sought online advice as to “how to copy and/or delete large numbers of documents.”
In reaction, the Massachusetts court has instructed all four of the defendants to prepare their computers and any storage devices for forensic evaluation, in addition to retaining all documents that could be pertinent to the case, and not do anything that might impede such an inquiry. AMD argues that “unless injunctive relief is granted” it will be “irreparably harmed in a manner not fully compensable by money damages.”
AMD accuses four of 100,000 document theft prior to NVIDIA defection is written by Chris Davies & originally posted on SlashGear.
© 2005 – 2012, SlashGear. All right reserved.
Though it’s not the posthumous complete reprieve from the crimes he’d been accused of that his followers, friends, and family had wished for, Aaron Swartz’s court case has been dismissed due to his death. The man known as Aaron Swartz was found to have ended his own life just this past week, his legacy of pushing for freedom of information appearing very much to be living on in his wake. The announcement this week from the US District Court stops the case that accused Swartz of involvement in the theft of digital documents from JSTOR, a journal archive, a case where he faced decades in prison time if found guilty.
It is US Attorney for the United States District Court for the District of Massachusetts Carmen Ortiz who called for the end to this case due to the untimely death of its defendant. The official filing reads as follows and makes the situation extremely clear, if not abundantly oversimplified:
“Pursuant to FRCP 48(a), the United States Attorney for the District of Massachusetts, Carmen Ortiz, hereby dismisses the case presently pending against Defendant Aaron Swartz. In support of this dismissal, the government states that Mr. Swartz died on January 11, 2013.” – Document 105, Case 1:11-cr-10260-NMG, filed 1/14/2013
Aaron Swartz was a co-writer of the original specifications for RSS (Rich Site Summary aka Really Simple Syndication) back when he was 14 and creator of one of the original pieces of Reddit, that being his own “Infogami.” BoingBoing’s Cory Doctorow, a friend of Swartz’s, lets us know in a tribute that in Swartz “singlehandedly liberated 20% of U.S. law” by spending “a small fortune” on pay access to a government-run site called PACER where he moved court records from that site to a public site – legal, but costly.
Swartz founded Demand Progress, fought the Stop Online Piracy Act (SOPA) and the Protect IP Act (PIPA) (both of which he was instrumental in helping bring down), and became entangled in a case which would ultimately (or so it seems) lead to him taking his own life. This case (that was just dismissed) suggested that Swartz used MIT’s computer networks to download 4 million (or more) articles from the digital library of academic journals known as JSTOR back in 2010 and 2011. The initial claims can still be found at the US Attorney’s Office for the District of Massachusetts.
“The indictment alleges that between September 24, 2010, and January 6, 2011, Swartz contrived to break into a restricted computer wiring closet in a basement at MIT and to access MIT’s network without authorization from a computer switch within that closet. He is charged with doing this in order to download a major portion of JSTOR’s archive of digitized academic journal articles onto his computers and hard drives. JSTOR is a not-for-profit organization that has invested heavily in providing an online system for archiving, accessing, and searching digitized copies of over 1,000 academic journals. It is alleged that Swartz avoided MIT’s and JSTOR’s security efforts in order to distribute a significant proportion of JSTOR’s archive through one or more file-sharing sites.” – US Attorney’s Office for the District of Massachusetts
Though JSTOR declined to prosecute and “urged the government to drop the case” according to CNN, Swartz was going to be tried for “wire fraud, computer fraud, unlawfully obtaining information from a protected computer, and recklessly damaging a protected computer.”
Christopher Soghoian, principal technologist and a senior policy analyst at the ACLU, summed up the situation as follows:
“These are the kinds of things you’d assume the government would use in a serious hacking case — identity theft, millions of credit card numbers stolen, hacking into protected government databases or corporate networks. Aaron was accused of downloading too many articles from a website that anyone connected to the MIT network could log into.” – Soghoian
Now that Swartz is no longer on trial, those that teamed up with him while he was alive will continue to push for a more open system for the distribution of information across the web in as free a manner as possible. Though Swartz’s death was tragic, his public persona’s goals will be sought with his life and acts as a catalyst for change through the future – this isn’t the last you’ll hear his name.
[via Wired]
Aaron Swartz case dismissed posthumously by US District Court is written by Chris Burns & originally posted on SlashGear.
© 2005 – 2012, SlashGear. All right reserved.
Convicted killer Luke Miller has spent the last 10 years in a Scottish prison for the 2003 murder of his 14-year-old girlfriend Jodi Jones, a crime he insists he didn’t commit. So his supporters have been lobbying that a polygraph test indicating his innocence be made public to draw attention to his case, in hopes that the courts might reconsider his sentence—or even set him free. More »
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