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United States

Leaked Docs Reveal List of 30 Countries Hacked On Orders of FBI Informant Sabu 59

Posted by samzenpus
from the naming-names dept.
blottsie writes A Federal Bureau of Investigation informant targeted more than two dozen countries in a series of high-profile cyberattacks in 2012. The names of many of those countries have remained secret, under seal by a court order—until now. A cache of leaked IRC chat logs and other documents obtained by the Daily Dot reveals the 30 countries—including U.S. partners, such as the United Kingdom and Australia—tied to cyberattacks carried out under the direction of Hector Xavier Monsegur, better known as Sabu, who served as an FBI informant at the time of the attacks.
Music

Grooveshark Found Guilty of Massive Copyright Infringement 163

Posted by Soulskill
from the surprising-nobody dept.
An anonymous reader writes: If you're a Grooveshark user, you should probably start backing up your collection. In a decision (PDF) released Monday, the United States District Court in Manhattan has found Grooveshark guilty of massive copyright infringement based on a preponderance of internal emails, statements from former top executives, direct evidence from internal logs, and willfully deleted files and source code. An email from Grooveshark's CTO in 2007 read, "Please share as much music as possible from outside the office, and leave your computers on whenever you can. This initial content is what will help to get our network started—it’s very important that we all help out! ... Download as many MP3’s as possible, and add them to the folders you’re sharing on Grooveshark. Some of us are setting up special 'seed points' to house tens or even hundreds of thousands of files, but we can’t do this alone." He also threatened employees who didn't contribute.
Crime

CEO of Spyware Maker Arrested For Enabling Stalkers 194

Posted by Soulskill
from the reaping-what-you-sow dept.
An anonymous reader writes: U.S. authorities have arrested and indicted the CEO of a mobile software company for selling spyware that enables "stalkers and domestic abusers." The U.S. Department of Justice accuses the man of promoting and selling software that can "monitor calls, texts, videos and other communications on mobile phones without detection." The agency pointed out this is the first criminal case based on mobile spyware, and promised to aggressively pursue makers of similar software in the future. Here's the legal filing (PDF). The FBI, with approval from a District Court, has disabled the website hosting the software.

"The indictment alleges that StealthGenie's capabilities included the following: it recorded all incoming/outgoing voice calls; it intercepted calls on the phone to be monitored while they take place; it allowed the purchaser to call the phone and activate it at any time to monitor all surrounding conversations within a 15-foot radius; and it allowed the purchaser to monitor the user's incoming and outgoing e-mail messages and SMS messages, incoming voicemail messages, address book, calendar, photographs, and videos. All of these functions were enabled without the knowledge of the user of the phone."
Handhelds

Court Rules Nokia Must Pay Damages To Buyers of Faulty Phones In Mexico 25

Posted by samzenpus
from the pay-the-people dept.
An anonymous reader writes Nokia must pay damages to consumers in Mexico who reported malfunctioning handsets, following a court ruling for a trial that has lasted four years. The case was brought to court by Mexican watchdog Profeco in 2010, before the Finnish manufacturer was acquired by Microsoft – that deal was only completed earlier this year. Profeco added that the court has ordered Nokia to either replace the faulty handsets and/or reimburse their cost. On top of that, Nokia must also pay compensation totaling at least 20 percent of the damages resulting from malfunctioning. Customers that had been affected by faulty Nokia equipment would be able to seek damages even if they had not yet presented complaints.
Transportation

2015 Corvette Valet Mode Recorder Illegal In Some States 269

Posted by Soulskill
from the unless-you're-the-nsa dept.
innocent_white_lamb writes: The 2015 Corvette has a Valet Mode that records audio and video when someone other than the owner is driving the car. Activating the Valet Mode allows you to record front-facing video as well as capture audio from within the car so you can help keep your Corvette safe when it's in the hands of others. Well, it turns out that recording audio from within the car may be considered a felony in some states that require notice and consent to individuals that they are being recorded. Now GM is sending notices out to dealerships and customers alerting them to this fact as well as promising a future update to the PDR system.
Canada

Netflix Rejects Canadian Regulator Jurisdiction Over Online Video 184

Posted by timothy
from the on-what-authority dept.
An anonymous reader writes "Last week's very public fight between the CRTC and Netflix escalated on Monday as Netflix refused to comply with Commission's order to supply certain confidential information including subscriber numbers and expenditures on Canadian children's content. While the disclosure concerns revolve around the confidentiality of the data, the far bigger issue is now whether the CRTC has the legal authority to order it to do anything at all. Michael Geist reports that Netflix and Google are ready to challenge it in a case that could head to the Supreme Court of Canada.
The Courts

Anonymous Peer-review Comments May Spark Legal Battle 167

Posted by Soulskill
from the jig-is-up dept.
sciencehabit writes: The power of anonymous comments — and the liability of those who make them — is at the heart of a possible legal battle embroiling PubPeer, an online forum launched in October 2012 for anonymous, postpublication peer review. A researcher who claims that comments on PubPeer caused him to lose a tenured faculty job offer now intends to press legal charges against the person or people behind these posts — provided he can uncover their identities, his lawyer says.
Facebook

NY Magistrate: Legal Papers Can Be Served Via Facebook 185

Posted by timothy
from the never-friend-a-process-server dept.
New submitter Wylde Stile writes with an interesting case that shows just how pervasive social networking connections have become, including in the eyes of the law. A Staten Island, NY family court support magistrate allowed a Noel Biscoch to serve his ex-wife legal papers via Facebook. Biscoch tried to serve his ex-wife Anna Maria Antigua the old-fashioned way — in person and via postal mail — but his ex-wife had moved with no forwarding address. Antigua maintains an active Facebook account, though, and had even liked some photos on the Biscoch's present wife's Facebook page days before the ruling. The magistrate concluded that the ex-wife could be served through Facebook. If this catches on, I bet a lot of people will end up with legally binding notices caught by spam filters or in their Facebook accounts' "Other" folders.
Transportation

Dealership Commentator: Tesla's Going To Win In Every State 156

Posted by samzenpus
from the go-ahead-and-sell-it dept.
cartechboy writes Unless you've been in a coma for a while you're aware that many dealer associations have been causing headaches for Tesla in multiple states. The reason? They are scared. Tesla's new, different, and shaking up the ridiculously old way of doing things. But the thing is, Tesla keeps winning. Now Ward's commenter Jim Ziegler, president of Ziegler Supersystems in Atlanta, wrote an opinion piece that basically says Tesla's going to prevail in every state against dealer lawsuits. He says Tesla's basically busy defending what are nuisance suits. This leads to the question of whether there will be some sort of sweeping federal action in Tesla's favor.
Encryption

Apple Will No Longer Unlock Most iPhones, iPads For Police 504

Posted by timothy
from the just-what-they-want-you-to-think-part-827398 dept.
SternisheFan writes with this selection from a story at the Washington Post: Apple said Wednesday night that it is making it impossible for the company to turn over data from most iPhones or iPads to police — even when they have a search warrant — taking a hard new line as tech companies attempt to blunt allegations that they have too readily participated in government efforts to collect user data. The move, announced with the publication of a new privacy policy tied to the release of Apple's latest mobile operating system, iOS 8, amounts to an engineering solution to a legal dilemma: Rather than comply with binding court orders, Apple has reworked its latest encryption in a way that makes it almost impossible for the company – or anyone else but the device's owner – to gain access to the vast troves of user data typically stored on smartphones or tablet computers. The key is the encryption that Apple mobile devices automatically put in place when a user selects a passcode, making it difficult for anyone who lacks that passcode to access the information within, including photos, e-mails, recordings or other documents. Apple once kept possession of encryption keys that unlocked devices for legally binding police requests, but will no longer do so for iOS8, it said in a new guide for law enforcement. "Unlike our competitors, Apple cannot bypass your passcode and therefore cannot access this data," Apple said on its Web site. "So it's not technically feasible for us to respond to government warrants for the extraction of this data from devices in their possession running iOS 8."
Patents

Alice Is Killing Trolls But Patent Lawyers Will Strike Back 92

Posted by timothy
from the waiting-in-the-wings-now-patented dept.
snydeq writes The wheels of justice spin slowly, but they seem finally to be running software patents out of town, writes Simon Phipps in his analysis of how Alice Corp. v CLS Bank is becoming a landmark decision for patent cases in the U.S. 'In case after case, the Court of Appeals is using Alice to resolve patent appeals. In each case so far, the Court of Appeals has found the software patents in question to be invalid. ... As PatentlyO points out, the Alice effect is even reaching to lower courts, saving the Court of Appeals from having to strike down patent findings on appeal.' Although the patent industry broadly speaking sees the Alice verdict as a death knell for many existing patents, some expect Alice to turn software patents into 'draftsmen's art because as you and I have seen over the years, every time there's a court ruling it just means that you have to word the patent claims differently.'
Government

Court: Car Dealers Can't Stop Tesla From Selling In Massachusetts 155

Posted by Soulskill
from the court-order-to-play-well-with-others dept.
curtwoodward writes: Many states have laws that prevent car manufacturers from operating their own dealerships, a throwback to the days when Detroit tried to undercut its franchise dealers by opening company-owned shops. But dealers have taken those laws to the extreme as they battle new competition from Tesla, which is selling its cars direct to the public. In some states, dealers have succeeded in limiting Tesla's direct-sales model. But not in Massachusetts (PDF): the state's Supreme Court says the dealers don't have any right to sue Tesla for unfair competition, since they're not Tesla dealers. No harm, no foul.
The Courts

Court Rules the "Google" Trademark Isn't Generic 159

Posted by samzenpus
from the what's-in-a-name dept.
ericgoldman writes Even though "googling" and "Google it" are now common phrases, a federal court ruled that the "Google" trademark is still a valid trademark instead of a generic term (unlike former trademarks such as escalator, aspirin or yo-yo). The court distinguished between consumers using Google as a verb (such as "google it"), which didn't automatically make the term generic, and consumers using Google to describe one player in the market, which 90%+ of consumers still do.
Government

New Details About NSA's Exhaustive Search of Edward Snowden's Emails 200

Posted by samzenpus
from the taking-a-good-look dept.
An anonymous reader points out this Vice story with new information about the NSA's search of Edward Snowden's emails. Last year, the National Security Agency (NSA) reviewed all of Edward Snowden's available emails in addition to interviewing NSA employees and contractors in order to determine if he had ever raised concerns internally about the agency's vast surveillance programs. According to court documents the government filed in federal court September 12, NSA officials were unable to find any evidence Snowden ever had.

In a sworn declaration, David Sherman, the NSA's associate director for policy and records, said the agency launched a "comprehensive" investigation after journalists began to write about top-secret NSA spy programs upon obtaining documents Snowden leaked to them. The investigation included searches of any records where emails Snowden sent raising concerns about NSA programs "would be expected to be found within the agency." Sherman, who has worked for the NSA since 1985, is a "original classification authority," which means he can classify documents as "top-secret" and process, review, and redact records the agency releases in response to Freedom of Information Act (FOIA) requests.

In his declaration, Sherman detailed steps he said agency officials took to track down any emails Snowden wrote that contained evidence he'd raised concerns inside the agency. Sherman said the NSA searched sent, received, deleted emails from Snowden's account and emails "obtained by restoring back-up tapes." He noted that NSA officials reviewed written reports and notes from interviews with "NSA affiliates" with whom the agency spoke during its investigation.
United States

Navy Guilty of Illegally Broad Online Searches: Child Porn Conviction Overturned 286

Posted by samzenpus
from the looking-too-far dept.
An anonymous reader writes In a 2-1 decision, the 9th Circuit Court ruled that Navy investigators regularly run illegally broad online surveillance operations that cross the line of military enforcement and civilian law. The findings overturned the conviction of Michael Dreyer for distributing child pornography. The illegal material was found by NCIS agent Steve Logan searching for "any computers located in Washington state sharing known child pornography on the Gnutella file-sharing network." The ruling reads in part: "Agent Logan's search did not meet the required limitation. He surveyed the entire state of Washington for computers sharing child pornography. His initial search was not limited to United States military or government computers, and, as the government acknowledged, Agent Logan had no idea whether the computers searched belonged to someone with any "affiliation with the military at all." Instead, it was his "standard practice to monitor all computers in a geographic area," here, every computer in the state of Washington. The record here demonstrates that Agent Logan and other NCIS agents routinely carry out broad surveillance activities that violate the restrictions on military enforcement of civilian law. Agent Logan testified that it was his standard practice to "monitor any computer IP address within a specific geographic location," not just those "specific to US military only, or US government computers." He did not try to isolate military service members within a geographic area. He appeared to believe that these overly broad investigations were permissible, because he was a "U.S. federal agent" and so could investigate violations of either the Uniform Code of Military Justice or federal law."
Government

NSA Metadata Collection Gets 90-Day Extension 73

Posted by Soulskill
from the you-can-trust-us-for-90-more-days dept.
schwit1 sends word that the Foreign Intelligence Surveillance Court has authorized a 90-day extension to the NSA's ability to collect bulk metadata about U.S. citizens' phone calls. In April, the House of Representatives passed a bill to limit the NSA's collection of metadata, but the Senate has been working on their version of the bill since then without yet voting on it. Because of this, and the alleged importance of continuing intelligence operations, the government sought a 90-day reauthorization of the current program. The court agreed. Senator Patrick Leahy said this clearly demonstrates the need to get this legislation passed. "We cannot wait any longer, and we cannot defer action on this important issue until the next Congress. This announcement underscores, once again, that it is time for Congress to enact meaningful reforms to protect individual privacy.
Privacy

Justice Sotomayor Warns Against Tech-Enabled "Orwellian" World 166

Posted by Soulskill
from the trading-privacy-for-convenience dept.
An anonymous reader writes: U.S. Supreme Court Justice Sonia Sotomayor spoke on Thursday to faculty and students at the University of Oklahoma City about the privacy perils brought on by modern technology. She warned that the march of technological progress comes with a need to enact privacy protections if we want to avoid living in an "Orwellian world" of constant surveillance. She said, "There are drones flying over the air randomly that are recording everything that's happening on what we consider our private property. That type of technology has to stimulate us to think about what is it that we cherish in privacy and how far we want to protect it and from whom. Because people think that it should be protected just against government intrusion, but I don't like the fact that someone I don't know can pick up, if they're a private citizen, one of these drones and fly it over my property."
Patents

Software Patents Are Crumbling, Thanks To the Supreme Court 118

Posted by Soulskill
from the system-and-method-for-smacking-trolls dept.
walterbyrd writes: In June, when the U.S. Supreme Court invalidated a software patent, many in the tech industry hoped it would be the beginning of sweeping changes to how the patent system handles software. Just a few months later, lower courts are making it happen. Quoting Vox: "By my count there have been 10 court rulings on the patentability of software since the Supreme Court's decision — including six that were decided this month. Every single one of them has led to the patent being invalidated. This doesn't necessarily mean that all software patents are in danger — these are mostly patents that are particularly vulnerable to challenge under the new Alice precedent. But it does mean that the pendulum of patent law is now clearly swinging in an anti-patent direction. Every time a patent gets invalidated, it strengthens the bargaining position of every defendant facing a lawsuit from a patent troll." Meanwhile, the Washington Post reports on alleged corruption in the U.S. Patent and Trademark Office.
Microsoft

Windows Tax Shot Down In Italy 421

Posted by timothy
from the note-that-it's-not-a-tax dept.
An anonymous reader writes Italy's High Court has struck a blow to the practice of forcing non-free software on buyers of PCs and laptops. According to La Repubblica, the court ruled on Thursday that a laptop buyer was entitled to receive a refund for the price of the Microsoft Windows license on his computer. The judges sharply criticised the practice of selling PCs only together with a non-free operating system as "a commercial policy of forced distribution". The court slammed this practice as "monopolistic in tendency." It also highlighted that the practice of bundling means that end users are forced into using additional non-free applications due to compatibility and interoperability issues, whether they wanted these programs or not. "This decision is both welcome and long overdue", said Karsten Gerloff, President of the Free Software Foundation Europe. "No vendor should be allowed to cram non-free software down the throats of users."
Google

German Court: Google Must Stop Ignoring Customer E-mails 290

Posted by samzenpus
from the I-won't-be-ignored dept.
jfruh writes If you send an email to support-de@google.com, Google's German support address, you'll receive an automatic reply informing you that Google will not respond to or even read your message, due to the large number of emails received at that address. Now a German court has ruled (PDF) that this is an unacceptable response, based on a German law saying that companies must provide a means for customers to communicate with them. Update: 09/12 15:47 GMT by S : Updated to fix the links.

Somebody ought to cross ball point pens with coat hangers so that the pens will multiply instead of disappear.

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