Editors • About the Site • Comes vs. Microsoft • Using This Web Site • Site Archives • Credibility Index • OOXML • OpenDocument • Patents • Novell • News Digest • Site News • RSS

09.17.16

Links 17/9/2016: Debian 8.6 Released, More Microsoft Layoffs and Dead Products

Posted in News Roundup at 2:34 pm by Dr. Roy Schestowitz

GNOME bluefish

Contents

GNU/Linux

Free Software/Open Source

  • Good things come from projects that fail

    Without realizing it, I joined the open source movement in 1999 during the midst of the Kosovo refugee crisis. I was part of a team helping route aid supplies to local humanitarian organizations running transit camps across Albania. These are the camps that refugees often arrived at first before being moved to larger, more formal camps.

  • Monitoring open source software key for DevOps shops

    Open source software is all the rage, as the DevOps movement advances, but it’s important to keep track of it carefully for licensing and security purposes.

  • Elizabeth Joseph Talking Open Source Careers in Oman

    Sometimes we wonder how Ms. Joseph finds the time to balance her career at HP with writing, evangelizing Ubuntu and public speaking, along with an active life in the city by the bay. That she is an inspiration to open sourcers everywhere can be seen in this video.

  • HPE sells Vertica analytics, thanks to the growth of open source software

    HPE is paring down its software holdings, including analytical software in the Vertica line. A sale to Micro Focus is due to close next year.

  • Nextcloud and Canonical Introduce Nextcloud Box to Create Your Own Private Cloud

    Today, September 16, 2016, Nextcloud informs Softpedia about the launch of a new hardware product, the first in the company’s history, in collaboration with Canonical and WDLabs.

  • Canonical & Nextcloud Roll Out An Ubuntu-Powered Nextcloud 10 Box

    The embargo expired this morning on the Nextcloud Box, a device from the cooperation of Canonical, Nextcloud, and WDLabs for making it easy to deploy your own Ubuntu-powered personal cloud.

  • Canonical and Western Digital launch Ubuntu Linux ‘Nextcloud Box’ powered by Raspberry Pi

    Cloud storage is amazingly convenient. Unfortunately, the best part of the cloud can also be the worst. You see, having your files stored on someone else’s severs and accessing them over the internet opens you to focused hacking, and potentially, incompetence by the cloud storage company too. As a way to have the best of both worlds, some folks will set up net-connected local storage so they can manage their own ‘cloud’.

  • Run Your Own Private Ubuntu Cloud with the Nextcloud Box

    Most of us love using the cloud. It gives us on-the-go-access to our personal files, photos and documents, and helps keep our busy lives in sync.

    But loving the cloud doesn’t mean you have to love using a proprietary closed-off services like Dropbox, Google Drive or One Drive.

  • Cache in hand, Varnish cloud workload tuning goes one louder

    Content delivery firm Varnish Software has announced its Varnish Plus Cloud product — essentially, a full version of the Varnish Plus software suite that can be accessed via the AWS (Amazon Web Services) Marketplace.

  • Nexenta wins NetNordic open source storage contract

    NetNordic said it has recently chosen Nexenta to create a centralised storage repository for its customer base as well as for the company, as the operator and its customer base continue to grow. Nexenta provides open source-driven, software-defined storage, which offers extra data with compression turned on, a significant factor for NetNordic, said its operations engineer Sander Petersson.

  • Toyota, Open Source Robotics Foundation to partner on automated vehicle research
  • The scourge of LEDs everywhere: Readers speak out

    Open Source to the Rescue

    One solution to LED overload is going with open source technology.

    One Slashdot commenter going by the handle of guruevi uses OpenWrt: “You can reprogram any LED on your router for whatever purpose. Want them all on or off at the certain time of day or blink if it detected anomalous traffic.”

    I also got email from Dave Taht, who happened to recently write a blog post titled “Blinkenlights: A debugging aid AND a curse” (with the subhed of “Too many LEDs! Give me back the stars!”). Taht is a busy guy as director of the Make Wi-Fi Fast project and co-founder of the Bufferbloat and CeroWrt projects, though took time out to share some LED disabling tips in his blog post.

    Taht, like many of those cited above, has made his share of manual fixes over the years, using electrical tape and just plan moving devices behind things. Only recently did he start monkeying with software to solve his problem.

  • SaaS/Back End

  • Oracle/Java/LibreOffice

  • Healthcare

    • On the importance of patient empowerment and open source: A Medicine X panel weighs in

      Speaker Karen Sadler, JD, heartedly agreed that developing open-source software for medical devices is critical. She is the executive director of Software Freedom Conservancy, a non-profit organization that develops, promotes and defends open-source software. Her life was changed when she was diagnosed with a life-threatening heart problem and implanted with a defibrillator. “I went from someone who thought open source was cool and useful to someone who thought great open-source software is essential for our society,” Sadler said.

  • Microsoft Openwashing and EEE

  • FSF/FSFE/GNU/SFLC

    • Friday Free Software Directory IRC meetup: September 16th
    • denemo Version 2.0.12 is out.
    • Libreboot Leaves GNU Claiming Gender Identity Discrimination by FSF

      A disturbing story broke this morning concerning the sudden action by the Libreboot project to leave the GNU project. I started to write “potentially disturbing,” until it occurred to me that no matter how this plays out, the news is disturbing.

    • FSF Says Firing Wasn’t Discrimatory [Ed: There are a lot of examples of sexism, homophobia and other abuse inside Microsoft and Apple but unlike FOSS communities they hide it. Here are examples of Microsoft sexism [1, 2, 3, 4, 5, 6, 7] and Microsoft homophobia [1, 2, 3]

      Friday afternoon after we published our report, Richard Stallman, founder and president of FSF, posted a brief, unofficial statement in an email to the thread around Rowe’s email. “The dismissal of the staff person was not because of her gender,” he said. “Her gender now is the same as it was when we hired her. It was not an issue then, and it is not an issue now.”

    • FSF, RMS Issue Statements Over Libreboot’s Accusations
    • Leaked Apple emails reveal employees’ complaints about sexist, toxic work environment [Ed: apropos the above and new report, too]

      Danielle* didn’t expect her workday to begin with her male coworkers publicly joking about rape.

      Danielle is an engineer at Apple — and like many of the women in the company, she works on a male-dominated team. On a Tuesday morning in July, when men on her team began to joke that an office intruder was coming to rape everybody, Danielle decided to speak out about what she described as the “very toxic atmosphere” created by jokes about violent sexual assault.

      The coworker who first made the joke apologized, repeatedly assuring her that something like this wouldn’t happen again. But his assurances did little to instill confidence. This wasn’t the first time Danielle had allegedly seen something like this happen on her team, nor was it the first time she complained that the office culture at Apple was, in her words, toxic. Despite repeated formal complaints to her manager, Danielle said, nothing ever changed.

      But this rape joke was the final straw. The next day, Danielle escalated her complaint about the offense to the very top: Apple CEO Tim Cook.

    • Happy Software Freedom Day!

      And today is the 13th edition of Software Freedom Day! We wish you all a great day talking to people and discovering (or making them discovery) the benefits and joys of running Free Software. As usual we have a map where you can find all the events in your area. Should you just discover about SFD today and want to organize an event it is never too late. While the date is global, each team has the freedom to run the event at a date that is convenient in their area. We (in Cambodia) are running our event on November 26 due to university schedule, other conferences and religious holidays conflicting.

  • Public Services/Government

    • EU FOSSA publishes core sections of its deliverables

      To promote the exchange of comments made by the Free and Open Source Software communities, the EU FOSSA project points out some specific sections of the deliverables he produced so far. By consulting these chapters, you have a more direct insight to what the project team consider as the most relevant information.

      Read more

    • LEOS – drafting legislative texts made easy

      While LEOS has been developed to support the drafting of legislation by the European Commission services (i.e. proposals for directives, regulations and autonomous acts), public administrations can download and adapt the code to meet their own specific requirements. The code is available under the free European Union Public Licence (EUPL).

  • Openness/Sharing/Collaboration

  • Programming/Development

    • PHP version 5.6.26 and 7.0.11
    • anytime 0.0.2: Added functionality

      anytime arrived on CRAN via release 0.0.1 a good two days ago. anytime aims to convert anything in integer, numeric, character, factor, ordered, … format to POSIXct (or Date) objects.

    • GitHub’s new features aim for business and open-source users

      GitHub, the popular code repository service, has to serve two masters. It’s well-known for hosting popular open-source projects, but it’s also working to acquire more large and small business users to privately store and manage their proprietary code.

      Those different constituencies sometimes need different things. But Chris Wansrath, the company’s co-founder and CEO, told the company’s annual user conference this week that building new features into GitHub isn’t a matter of helping only one or the other.

    • GitHub gets all grown-up with better code review, project management, etc

      The GitHub Universe event has kicked off in San Francisco, with a number of new GitHub features announced by CEO Chris Wanstrath.

      GitHub’s main product is a collaborative source code repository, which you can use on the public cloud or in your own private deployment. There are now over 19 million open source projects hosted on GitHub, with 5.8 million active users.

      The focus of today’s announcements is on project management and workflow. A new Project dashboard lets you create cards from pull requests, issues or notes, and organize them into groups such as Backlog, In Progress, and Ready.

    • JDK 9 release delayed another four months

      Oracle’s asking for more time to complete JDK 9.

      The chief architect of Oracle’s Java Platform Group, Mark Reinhold, took to the Java developer’s mailing list to say that while work on JDK 9 is coming along nicely “We are not, unfortunately, where we need to be relative to the current schedule.”

      The hard part of JDK 9 is “Project Jigsaw”, an effort to “design and implement a standard module system for the Java SE Platform, and to apply that system to the Platform itself and to the JDK.” Reinhold says “it’s clear that Jigsaw needs more time.”

    • Pass the ‘Milk’ to make code run four times faster, say MIT boffins

      MIT boffins have created a new programming language called “Milk” that they say runs code four times faster than rivals.

      Professor Saman Amarasinghe says the language’s secret is that changes the way cores collect and cache data.

      Today, he says, cores will fetch whole blocks of data from memory. That’s not efficient when working on tasks like big data, when only some of a block’s content is needed by an application that may want to work on only a few items across very large data set.

    • Node.js: Building Better Technology and a More Diverse Community
    • Open Source Mobile Dev Tool Onsen UI Breaks Free from AngularJS Dependency

      Monaca today announced Onsen UI 2.0, a UI framework and tools for building HTML5-based native mobile apps, is now JavaScript framework-agnostic, having broken from its AngularJS dependency roots.

      The open source Onsen UI is itself based on the popular open source Apache Cordova/PhoneGap projects, which facilitate creating native iOS and Android apps with one codebase based on technologies usually used for Web development: HTML5, JavaScript and CSS.

    • The Python Packaging Ecosystem

      There have been a few recent articles reflecting on the current status of the Python packaging ecosystem from an end user perspective, so it seems worthwhile for me to write-up my perspective as one of the lead architects for that ecosystem on how I characterise the overall problem space of software publication and distribution, where I think we are at the moment, and where I’d like to see us go in the future.

Leftovers

  • After 23 years, the Apple II gets another OS update

    You can test-drive ProDOS 2.4 in a Web-based emulator set up by computer historian Jason Scott on the Internet Archive. The release includes Bitsy Bye, a menu-driven program launcher that allows for navigation through files on multiple floppy (or hacked USB) drives. Bitsy Bye is an example of highly efficient code: it runs in less than 1 kilobyte of RAM. There’s also a boot utility that is under 400 bytes—taking up a single block of storage on a disk.

  • Microsoft Azure borkage in central US leads to global woes

    At its height, the fault affected API management, web apps, Service Bus and SQL database services in the central US region, and Azure DNS globally.

    Microsoft’s Azure status page has just now reported that SQL database is still affected in the central US region.

    As is often the case, however, customers noticed confusion with Microsoft’s messages, as Azure Twitter feeds and status pages seemed to disagree on the speed of recovery.

  • OECD report shows sharp rise in numbers of marginalised young men

    Finland is sixth in an OECD ranking of countries by the number of young men who are not in education, employment or training (NEETs). Some 21.1 percent of Finnish men aged 20-24 fall into that category. The number has leapt up in recent years, from just 12.2 percent in 2005.

    The figures are not replicated among young women. In 2005 13.9 percent of young women fell into the NEET category, and ten years later that stood at 15.4 percent.

  • Science

    • Innovation and its Discontents – Where are we heading?

      Nearly two years ago, Kat Neil wrote about declining public trust in innovation. It is becoming increasingly apparent that economic growth and innovation is not benefitting everyone, and that it needs to be addressed by policy and society. At the SPRU conference, a session on IP looked at clashes between intellectual property rights and human rights’ protection.

      An ongoing concern is the potential that the participation of low-skilled workers in production will be rendered obsolete. A dystopian take on this suggests that innovation in Artificial Intelligence (AI) will give rise to the Useless Class, a disenfranchised section of society with skills for which there is no demand. The potential social fall-out from this disenfranchisement is extremely unpleasant with a large portion of society no longer having a “reason to get up in the morning.”

    • Audi works with Chinese technology companies to develop intelligent cars

      German carmaker Audi has signed agreements with Chinese technology companies Alibaba, Baidu and Tencent to work on data analysis, internet connected vehicles and intelligent public transport.

      Audi China and FAW-Volkswagen – a joint venture between state-owned car manufacturer FAW Group and Volkswagen that makes Audi and Volkswagen cars in China – will work with the three technology companies on features for “the connected car of the future”, Audi said.

  • Hardware

    • Intel’s Chips Finally Find Their Way Into the iPhone

      The smartphone years have not been kind to Intel. The company ignored the transition to mobile early on, allowing ARM-based processors to take an early, decisive lead. Intel’s presence in pocket computers hasn’t just been minimal, it’s been practically nonexistent. That is, until the iPhone 7.

      Bloomberg first reported that Intel had worked out a deal with Apple in June, but now that the iPhone 7 has shipped, we have actual confirmation, thanks to a teardown from Chipworks. Apple may make its own processors now, but Intel’s providing an entire mobile cellular platform to the Cupertino company, the transceivers and modem that help put the “phone” in smartphone. For the first time, a flagship mobile device has Intel inside. Better late than never.

  • Health/Nutrition

    • South Sudan: Hunger, Shortages, and Hyperinflation

      South Sudan’s leaders stand accused of industrial-scale embezzlement, ripping off public money to fund property and business investments across the region. That opulence is in sharp contrast to what the vast majority of their fellow citizens are enduring, as they wrestle with chronic shortages and hyperinflation.

      Nationwide, food inflation hit a record 850 percent in August, according to the National Bureau of Statistics. Some food price rises are 1,000 percent above the five-year average in Northern and Western Bahr el Ghazal, the World Food Programme has warned.

      Renewed fighting in July in the capital, Juba, between the forces of President Salva Kiir and those of his rival-turned vice president Riek Machar contributed to the latest jump in the inflation rate.

      The fear the country would return to civil war sent the South Sudanese pound tumbling to the current rate of 80 to the dollar, compared to 15 to one a year ago. That is driving up prices in a country dependent on imports from its neighbours, including much of its food and all of its fuel.

    • Upholding Michigan’s Emergency Manager Law

      A task force in March found that emergency managers appointed in Flint, along with Michigan’s Department of Environmental Quality, were the primary culprits for Flint’s water crisis. The task force found the state’s actions “inappropriate and unacceptable.”

    • Court rejects challenge to Michigan’s emergency manager law
    • Bayer clinches Monsanto with improved $66 billion bid

      German drug and crop chemical maker Bayer clinched a $66 billion takeover of U.S. seeds company Monsanto on Wednesday, ending months of wrangling with a third sweetened offer that marks the largest all-cash deal on record.

      The $128-a-share deal, up from Bayer’s previous offer of $127.50 a share, has emerged as the signature deal in a consolidation race that has roiled the agribusiness sector in recent years, due to shifting weather patterns, intense competition in grain exports and a souring global farm economy.

      “Bayer’s competitors are merging, so not doing this deal would mean having a competitive disadvantage,” said fund manager Markus Manns of Union Investment, one of Bayer’s top 12 investors.

    • Bayer Just Bought Monsanto, Here’s Why You Should Care

      A giant company just bought another giant company, but if you’re not an investor or a farmer, you may not have noticed. Bayer—the aspirin company that also makes farm products like pesticides—announced on Wednesday it was merging with Monsanto, the massive genetically-modified seed producer that owns about a third of the seed market in the US.

      The $66 billion merger is the largest this year, and means Bayer now controls more than a quarter of all seeds and pesticides on the planet, according to the BBC. But what’s even crazier is that this is just the latest in a long list of big mergers of agricultural companies this year, meaning the options for where farmers buy their seeds, pesticides, and fertilizers are shrinking at lightning speed.

    • This Polish Law Would Imprison Women Who Have Abortions

      A girl raped by her own father will have no choice but to give birth. A woman at high risk of dying in childbirth or of carrying a dead baby will not be able to seek a termination. This will be the impact of new legislation to be debated in the Polish Parliament later this week which, if passed, would usher in an almost complete ban on abortion.

      On Sunday in Warsaw, London and other cities, protesters will gather opposing the amendment to Poland’s existing abortion legislation. The amendment aims to criminalize women and girls who have sought or had an abortion, making them liable to a prison term of between three months and five years. It also will increase the maximum jail term for anyone who assists or encourages women have an abortion.

    • Stronger Rx Than Obamacare Needed to Cover Everyone and Control Costs: Physician Leader

      “The Census Bureau’s official estimate that 29 million Americans, including 3.7 million children, still lacked health insurance in 2015, five years after the passage of the Affordable Care Act, starkly illustrates how our inefficient, private-insurance-based system of financing care is fundamentally incapable of providing universal coverage,” said Dr. Robert Zarr, a Washington-based pediatrician who is president of Physicians for a National Health Program.

    • UN panel recommends stricter patentability rules and compulsory licensing to improve access to medicine [Ed: IAM protesting the UN's request that life should be put before patents]
    • Vegans, You’re Contributing to Antibiotic Resistance, Too

      There are a lot of different reasons why some people choose not to consume any animal products. The fact that we regularly pump our livestock full of antibiotics, significantly contributing to the development of antibiotic resistance, is one of them.

      But what some vegans may not realize is that just eschewing animal products doesn’t absolve them of any responsibility for the rise of antibiotic resistant superbugs, at least as it relates to the food supply. We douse our fruits and vegetables in antibiotics, too (though at a much, much lower rate than meat). Unless you strictly eat organic, your food is contributing to a problem that threatens to send us back to the dark ages of medicine, where every cut or scrape could be life-threatening.

      I point this out not to shame vegans, but to serve as a reminder. We are all contributing to the problem, and we’re all at risk because of it. Even if you keep a strict, organic, vegan diet, and never take antibiotics unless you absolutely need them, you’re not granted a magic halo of protection against superbug infection. You can do everything ostensibly right, and it still won’t stop antibiotic resistance. Paying attention to what we eat is part of the solution, but there’s more work to be done.

    • Antimicrobial Resistance A ‘Global Societal Challenge And Threat’, WHO Official Says

      Antimicrobial resistance had in the last decades emerged as a health issue, but only in the last couple of years has there been an understanding that we are facing a “global societal challenge and threat.” On a day-to-day basis, people worldwide are said to be driving resistance across human health and agriculture.

  • Security

    • Friday’s security advisories
    • Security updates for Thursday
    • Spies and criminals biggest cybersecurity threat

      The report shows that well-organised criminals focus on the use of ransomware. “Professional criminals have evolved into advanced actors and implement long-term and high-quality operations.” The larger the hacked organisation, the bigger the ransom demands, the cybersecurity experts conclude. Regular backups and computer network segmentation help to reduce the impact of such attacks.

    • 20 Questions Security Leaders Need To Ask About Analytics

      It would be an understatement to say that the security world tends to be full of hype and noise. At times, it seems like vendors virtually xerox each other’s marketing materials. Everyone uses the same words, phrases, jargon, and buzzwords. This is a complicated phenomenon and there are many reasons why this is the case.

      The more important issue is why security leaders find ourselves in this state. How can we make sense of all the noise, cut through all the hype, and make the informed decisions that will improve the security of our respective organizations? One answer is by making precise, targeted, and incisive inquiries at the outset. Let’s start with a game of 20 questions. Our first technology focus: analytics.

    • Trend Micro shows that Linux systems not so bulletproof against trojans [Ed: very low risk (must fool the user or gain physical access)]
    • Sixth Linux DDoS Trojan Discovered in the Last 30 Days [Ed: drama over something that must fool users]

      Linux users have yet another trojan to worry about, and as always, crooks are deploying it mostly to hijack devices running Linux-based operating systems and use them to launch DDoS attacks at their behest.

    • Yet Another Linux Trojan Uncovered
    • Secure Docker on Linux or Windows platforms

      With Docker appearing in businesses of all shapes and sizes, security is a concern for many IT admins. Here’s how to secure Docker on the container or the host machine.

    • New release: usbguard-0.6.1
    • Ransomware Getting More Targeted, Expensive

      I shared a meal not long ago with a source who works at a financial services company. The subject of ransomware came up and he told me that a server in his company had recently been infected with a particularly nasty strain that spread to several systems before the outbreak was quarantined. He said the folks in finance didn’t bat an eyelash when asked to authorize several payments of $600 to satisfy the Bitcoin ransom demanded by the intruders: After all, my source confessed, the data on one of the infected systems was worth millions — possibly tens of millions — of dollars, but for whatever reason the company didn’t have backups of it.

    • Web security CEO warns about control of internet falling into few hands

      The internet was designed to be a massive, decentralized system that nobody controlled, but it is increasingly controlled by a select few tech companies, including Google, Facebook, Apple and Amazon, and they are continuing to consolidate power, said the CEO of a cybersecurity company.

      “More and more of the internet is sitting behind fewer and fewer players, and there are benefits of that, but there are also real risks,” said Matthew Prince, chief executive officer of web security company CloudFlare, in an interview with CNBC. His comments came at CloudFlare’s Internet Summit — a conference featuring tech executives and government security experts — on Tuesday in San Francisco.

      Facebook has faced a lot of criticism for perceived abuse of its editorial sway among the 1.7 billion monthly active users who visit the site to consume news alongside family photos and ads. For example, a Norwegian newspaper editor recently slammed Mark Zuckerberg for Facebook’s removal of a post featuring an iconic image known as the Napalm Girl that included a naked girl running from napalm bombs.

  • Defence/Aggression

    • Obama, Pressing Senators, Delays Veto of Bill Exposing Saudis to 9/11 Suits

      President Obama is delaying a planned veto of a bill that would allow the families of victims of the Sept. 11 attacks to sue Saudi Arabia for any role in the plot, hoping to tap into an unusual well of buyer’s remorse among senators who passed the measure unanimously in the spring.

      The measure sailed through the House last week after a surprise last-minute vote, raising the prospect of the first veto showdown between Mr. Obama and a bipartisan coalition in Congress. But an intense lobbying campaign by the White House and Saudi Arabia, among others, has cast doubt on what had appeared to be an inevitable override of the president’s long-expected veto.

      Officials have refused to say when Mr. Obama would veto the bill, and he has until next Friday to do so. His advisers are considering whether he should wait until then, after Congress is expected to recess on Thursday for the November elections, which could give him weeks to persuade lawmakers to drop their support for the measure before they return and consider the veto override.

      Already, cracks are showing, even among Republicans who generally would love to exercise the first veto override against Mr. Obama.

    • Every 72 minutes, a veteran commits suicide: Our view

      Many Americans have heard by now that 20 veterans commit suicide each day. Presidential candidates Hillary Clinton and Donald Trump cited the figure at last week’s Commander-in-Chief Forum viewed by 14.7 million people, further raising the issue’s visibility.

      But a 46-page suicide analysis released by the Department of Veterans Affairs last month reveals just how swift this current of self-destruction is flowing, particularly for young veterans fresh from war. It’s a pace of killing unknown to most Americans and a source of national shame.

      A veteran is choosing death every 72 minutes, and the VA could be doing more to keep that person alive. When veterans manage to ask for help, too many of their calls are not getting through to VA’s suicide hotline (800-273-8255). The agency isn’t offering enough veterans the kind of cutting-edge treatment therapies that researchers are finally uncovering.

  • Transparency/Investigative Reporting

    • Government Again Shows Its Inconsistency On Punishing The Mishandling Of Classified Documents

      Mishandling classified material can result in a variety of punishments, depending on who you are. If you’re a presidential candidate, the routing of hundreds of sensitive documents through an unsecured, private email server might result in a few conversations with the FBI, but not in any criminal charges. If you’re a retired general, routing classified material to your biographer/mistress might result in criminal charges, but not any time served. If you’re a whistleblower taking your complaints to the press, you’ll likely see some jail time to go along with your destroyed career.

      And if you’re a Marine Corps officer trying to warn others of trouble headed their way, you’re more likely to be treated like Jason Brezler than Hillary Clinton, Gen. David Petraeus, or even former CIA Director Leon Panetta.

      Brezler is facing dismissal from the Marine Corps for mishandling a classified document — one containing information about an allegedly corrupt Afghan police chief who had already been kicked off a US base by Brezler himself.

      [...]

      At this point, the Marine Corps is offering him an honorable discharge — a “thanks, but no thanks” for his attempt to warn his fellow soldiers about the long list of allegations against police chief Sarwar Jan. Brezler sued for full reinstatement as a Marine and the discharge has been put on hold pending a possible jury trial later this year.

      There are a handful of disturbing aspects of the Marine Corps’ dismissal of Brezler, not the least of which is its decision to ramp up its efforts to rid itself of him after it had been publicly embarrassed by a US congress member. It also highlights the absurdity — and danger — inherent to the military’s weirdly-selective non-interventionist policy: one deployed by an outside force playing World Police within its borders (decidedly interventionist) that draws the line at preventing the sexual abuse of minors on its bases by local officials.

      The decision to go after the messenger — one that self-reported his mishandling of sensitive information — shows the government, by and large, cares more about protecting itself from embarrassment than solving its problems.

    • Secret government electronic surveillance documents must be released, judge says

      In a major victory for journalists and privacy and transparency advocates, a federal court has started the process of unsealing secret records related to the government’s use of electronic surveillance.

      US District Court Judge Beryl Howell said at a hearing Friday morning that absent an objection by government attorneys, the court would post to its website next week a list of all case numbers from 2012 in which federal prosecutors in Washington, DC applied for an order to install a pen register or a trap and trace device.

      A pen register is an electronic apparatus that tracks phone numbers called from a specific telephone line (though the 2001 USA PATRIOT Act expanded the definition of pen register to allow for collection of email headers as well). A trap and trace device is similar, but tracks the phone numbers of incoming calls.

      For decades, court records relating to these documents have typically been sealed in their entirety, including even the docket numbers. Next week’s release, which is in response to a three-year-old petition filed by VICE News, will be a crucial first step in learning details about the electronic surveillance orders, and the beginning of a multilayered process that will ultimately lead to the disclosure of thousands of pen register applications dating back at least five years.

      Pen registers and other similar devices do not intercept the content of communications, and the government is not required to obtain a warrant or to have probable cause that the target committed a crime. Instead, a government attorney can simply obtain authorization by filing an application with a federal court stating that the information that would be obtained is “relevant” to a criminal investigation. The FBI, Drug Enforcement Administration, Department of Homeland Security, and other federal law enforcement agencies have used pen registers.

  • Environment/Energy/Wildlife/Nature

    • Arctic sea ice coverage is at its 2nd lowest on record

      Mark it down, Arctic sea ice watchers: the US National Snow and Ice Data Center (NSIDC) has (preliminarily) called the annual minimum ice extent. On September 10, Arctic sea ice coverage dipped to 4.14 million square kilometers (1.6 million square miles) before ticking back upward for a few days. While it’s possible that a couple more days of shrinkage could come along, that was probably the low point for the year.

      That puts 2016 in second place for the lowest minimum on record—statistically tied with 2007, which was within the error bars of this year’s data. The record low is retained by 2012, which fell to an incredible 3.39 million square kilometers. This continues the trend of marked decline observed by satellites since 1979.

    • Did lightning strike this 19th Century church in Newcastle?

      Stark white against the glowering blue skyline, a bolt of lightning flashes over Newcastle , narrowly missing the spire of a 19th century church.

      Thursday night’s thunderstorm had photographers throughout the city taking some impressive shots, and this dramatic view over the west end is one of our favourites.

      The church in the picture is St Stephen’s, in Low Elswick, a Grade II-listed Anglican church built in 1868.

    • Alabama pipeline ruptures, leaking 250,000 gallons & causing ‘fuel emergency’

      At least 250,000 gallons of gasoline have spilled following a pipeline rupture in central Alabama. Emergency responders are working to repair the spill, while Alabama and Georgia have declared a state of emergency due to possible fuel shortages.

      The spill, equivalent to 6,000 barrels, took place in a rural area southwest of Helena, Alabama, and was first noticed Friday. A spokesman for Colonial Pipeline said the spill has affected an area about two acres in size, Birmingham’s WBRC-TV reported.

      According to local media, the spill is located near Lindsey’s Crossing in Shelby County, about 28 miles southwest of Birmingham.

    • Indonesia dispatches nearly 5,000 firefighters to Kalimantan, after surge in hotspots

      Indonesia has dispatched almost 5,000 fire-fighters to Kalimantan as the dry spell continues across the western and central parts of the island, where hundreds of hot-spots have been detected in recent days.

      The National Disaster Management Agency (BNPB) said on Wednesday (Sept 14) that it has deployed 2,492 and 2,363 personnel in west and central Kalimantan respectively.

      The group includes soldiers, policemen as well as officers from the BNPB, the Environment and Forestry Ministry, as well as local volunteers, said agency spokesman Dr Sutopo Purwo Nugroho.

      The reinforcements were sent in after satellite data from Indonesia’s meteorology, climatology and geophysics agency (BMKG) showed 536 total hot-spots across Kalimantan as of Wednesday.

    • Spain could be first EU country with national park listed as ‘in danger’

      A Spanish wetland home to 2,000 species of wildlife – including around 6 million migratory birds – is on track to join a Unesco world heritage danger list, according to a new report.

      Doñana is an Andalusian reserve of sand dunes, shallow streams and lagoons, stretching for 540 square kilometres (209 square miles) where flamingoes feed and wild horses and Iberian lynx still roam.

      But the Doñana region is said to have lost 80% of its natural water supplies due to marsh drainage, intensive agriculture, and water pollution from the mining industry.

      Spain now has until 1 December to declare Doñana permanently off limits for dredging and industrial activity in a report to Unesco, or face becoming the first EU country to have a national park classified as being “in danger”.

    • What the ‘sixth extinction’ will look like in the oceans: The largest species die off first

      We mostly can’t see it around us, and too few of us seem to care — but nonetheless, scientists are increasingly convinced that the world is barreling towards what has been called a “sixth mass extinction” event. Simply put, species are going extinct at a rate that far exceeds what you would expect to see naturally, as a result of a major perturbation to the system.

      In this case, the perturbation is us — rather than, say, an asteroid. As such, you might expect to see some patterns to extinctions that reflect our particular way of causing ecological destruction. And indeed, a new study published Wednesday in Science magazine confirms this. For the world’s oceans, it finds, threats of extinction aren’t apportioned equally among all species — rather, the larger ones, in terms of body size and mass, are uniquely imperiled right now.

  • Finance

    • Obama’s Last Gasp At Trade Deals: Lame Duck Push On TPP; And ‘Lite’ Version Of TTIP

      So, uh, that sounds good. Why do we need the rest of the crap that they’re debating, around corporate sovereignty ISDS provisions — especially since the entire basis for those kinds of agreements was supposed to be to encourage investment in developing countries. The EU and the US have perfectly decent court systems, so any dispute shouldn’t need a special tribunal.

      But, of course, those who have relied on shoving all sorts of pork and special interest protectionism through trade deals do not like the idea of a “lite” agreement that covers the officially discussed reasons for a trade deal. Why, that would be horrible! How could they continue to hide all the sneaky stuff they want to get in?

    • CETA Without Blinders: How Cutting ‘Trade Costs and More’ Will Cause Unemployment, Inequality and Welfare Losses

      The Comprehensive Economic and Trade Agreement (CETA) is now in the process of being ratified by Canada and the European Union (EU). Like other ‘new generation’ trade agreements, CETA aims at further liberalizing trade, investment and other sectors of society so far protected from market competition. CETA is thus more than just a ‘trade deal’ and needs to be approached in its complexity, without blinders.

      CETA’s proponents emphasize the prospect of higher GDP growth due to rising trade volumes and investment. However, official projections suggest GDP gains of up to 0.08% for the European Union 0.76% for Canada. More importantly, all these projections stem from a single trade model, which assumes full employment and no negative impact on income distribution in all countries excluding the major risks of deeper liberalization. This lack of intellectual diversity and of realism shrouding the debate around CETA’s alleged economic benefits calls for an alternative assessment grounded in sounder modeling premises.

    • NAFTA burn: The Real Ford Escape? Moving its small-car production to Mexico

      In speech after speech, Republican presidential nominee Donald Trump has decried companies sending jobs abroad to low-wage countries, calling it a profound betrayal of the American worker. And despite having profited from his Trump branded Chinese-made cufflinks and dress shirts woven in Bangladesh, the real estate mogul has pledged to crack down on labor outsourcing if elected.

      But Trump’s threats have not discouraged American auto companies from setting up factories south of the U.S. and then sending finished vehicles north.

      On Wednesday, Ford Motor Co. CEO Mark Fields announced further efforts to take advantage of Mexico’s low-cost labor force, telling investors at an event near Detroit that Ford would soon shift all the company’s U.S. small-car production to Mexico by 2018.

    • $100 Million Awarded in Contest to Rethink U.S. High Schools

      An organization announced on Wednesday that it had chosen the winners of $10 million grants in a competition to rethink the American high school.

      The organization — the XQ Institute, which is backed by Laurene Powell Jobs — is funding 10 schools, for a total of $100 million.

      One of the winners, the Somerville Steam Academy in Somerville, Mass., will operate without standard class periods and without separating students by age.

      Rise High in Los Angeles will be designed for students who are homeless or in foster care. It will share locations around the city with service providers, like medical or mental health centers, and will have a mobile classroom to teach or tutor students wherever they are.

      And in New York City, at the Brooklyn Laboratory Charter High School, the school day will last from 8:30 a.m. to 5:15 p.m.

      “Each of these represent schools that don’t exist today,” said Russlynn H. Ali, chief executive of the XQ Institute and a former assistant secretary for civil rights at the federal Education Department.

      Ms. Powell Jobs, chairwoman of the XQ Institute’s board of directors, was the wife of Steven P. Jobs, the Apple co-founder who died five years ago next month.

      The Super School Project was announced a year ago by the Emerson Collective, the organization Ms. Powell Jobs uses to make philanthropic investments. The goal was to offer $50 million to schools that offered new approaches to education. Ms. Ali said American high schools had “stayed the same for 100 years” and were badly in need of new ideas and paradigms.

  • AstroTurf/Lobbying/Politics

    • Hillary Clinton Takes Aim at Voters Drifting Toward Third Party

      Hillary Clinton and her Democratic allies, unnerved by the tightening presidential race, are making a major push to dissuade disaffected voters from backing third-party candidates, and pouring more energy into Rust Belt states, where Donald J. Trump is gaining ground.

      With Mrs. Clinton enduring one of the rockiest stretches of her second bid for the presidency, her campaign and affiliated Democratic groups are shifting their focus to those voters, many of them millennials, who recoil at Mr. Trump, her Republican opponent, but now favor the Libertarian nominee, Gary Johnson, or the Green Party candidate, Jill Stein.

      While still optimistic that the race will turn decisively back in Mrs. Clinton’s favor after the debates, leading Democrats have been alarmed by the drift of young voters toward the third-party candidates.

    • September 14, 2016 – Trump Cuts Clinton Lead In Half, Quinnipiac University National Poll Finds, Most Americans Are Voting Against, Not For, A Candidate

      In a largely negative presidential campaign, where most Americans are voting against, rather than for, a candidate, Democrat Hillary Clinton leads Republican Donald Trump 48 – 43 percent among likely voters nationwide, according to a Quinnipiac University national poll released today.

      This compares to a 51 – 41 percent Clinton lead in an August 25 survey of likely voters nationwide, by the independent Quinnipiac (KWIN-uh-pe-ack) University.

    • 5 reasons Trump might fall in autumn

      The GOP nominee prefers his KFC by the bucket, devours the fries before the Big Mac, and only eats greens out of taco bowls perched atop white linen napkins — but make no mistake, these are Donald Trump’s salad days.

      Counted down in the dark days after his gloomy Cleveland convention, with polls showing him behind by double digits, Trump has mounted what, to the unschooled political observer, appears to be a remarkable comeback. He’s pulled even with Clinton among likely voters in the latest New York Times/CBS national poll — a 42 to 42 percent deadlock that has been reflected in a raft of tightening battleground state polls. And he’s surged to an 8-point lead in Iowa, reflecting his improvement in critical battleground states.

    • Republicans are careful when talking about their nominee — and so are Greater Minnesota’s Democrats

      The big story of this year’s House and Senate elections is how the presence of Donald J. Trump at the top of the GOP ticket affects Republicans running for Congress.

      What’s getting less ink this cycle, however, is how Democrats are reckoning with the down-ballot effect of their nominee, Hillary Clinton — but that doesn’t mean some Democratic candidates aren’t having problems.

      There’s good reason for that: broadly, Trump polls worse than Clinton, nationally and in the North Star State. And there are few elected Democrats out there who, like Rep. Erik Paulsen did with Trump, say that Clinton hasn’t earned their support.

    • Nigel Farage bows out as Ukip leader with nude skinny dip off Bournemouth Pier

      Nigel Farage celebrated his last night as Ukip leader with a late night skinny dipping session off Bournemouth pier, it has been revealed.

      Key financial backer Arron Banks told BBC Radio 4′s Any Questions? show on Friday night that he and Mr Farage had stripped off their clothes and jumped in the sea after a late night drinking session on Thursday.

      Multi-millionaire businessman Mr Banks had been challenging claims during the political talk show that Mr Farage might stage another comeback as leader.

    • Trump’s successful tax dodge: Months of lying and stonewalling somehow aren’t a major scandal

      It’s a rare thing to see honesty emerge from Donald Trump’s presidential campaign, but we were all treated to a bracing dose of forthrightness this week by the Republican candidate’s son, Donald Trump Jr., on the subject of his father’s tax returns. Speaking with the Pittsburgh Tribune-Review, Trump Jr. explained that his dad’s tax information would remain hidden because if people saw it, then they’d talk about something other than what the campaign wants them to talk about.

      “He’s got a 12,000-page tax return that would create . . . financial auditors out of every person in the country asking questions that would detract from (his father’s) main message,” the paper reported Trump Jr. as saying. That’s about as clear-cut an explanation as you could hope for: The campaign will keep on stonewalling because it doesn’t want people scrutinizing and talking about Donald Trump’s tax history and financial arrangements.

    • Green Party nominee says she’s going to presidential debate

      US Green Party nominee Jill Stein says she is planning to appear at the first presidential debate despite being ignored by the Commission on Presidential Debates.

      The commission announced on Friday that Libertarian presidential nominee Gary Johnson and Stein will not participate in the September 26 debate because they failed to garner the 15 percent support in five polls required to qualify for the debate.

      But the Green Party presidential nominee rejected the standards set by the commission and told CNN she plans to show up at the event with her supporters.

      “We will be at the debate to insist that Americans not only have a right to vote, but we have a right to know who we can vote for,” she said.

      Meanwhile, Johnson said in a statement he wasn’t surprised by the decision to “exclude” him from the first debate.

      He said he plans to have the 15 percent polling threshold to make it to the second debate in early October.

      “There are more polls and more debates, and we plan to be on the debate stage in October,” he stated.

  • Censorship/Free Speech

  • Privacy/Surveillance

    • Xiaomi phones are pre-backdoored; your apps can be silently overwritten

      Thijs Broenink audited the AnalyticsCore.apk app that ships pre-installed on all Xiaomi phones (Xiaomi has their own Android fork with a different set of preinstalled apps) and discovered that the app, which seemingly serves no useful purpose, allows the manufacturer to silently install other code on your phone, with unlimited privileges and access.

      The app phones home to Xiaomi once a day and transmits the user’s “IMEI, MAC address, Model, Nonce, Package name and signature,” all in the clear, then gets instructions back about which apps to install — it can seemingly overwrite your signed, pre-installed apps with modified versions.

    • Playpen: The Story of the FBI’s Unprecedented and Illegal Hacking Operation

      In December 2014, the FBI received a tip from a foreign law enforcement agency that a Tor Hidden Service site called “Playpen” was hosting child pornography. That tip would ultimately lead to the largest known hacking operation in U.S. law enforcement history.

      The Playpen investigation—driven by the FBI’s hacking campaign—resulted in hundreds of criminal prosecutions that are currently working their way through the federal courts. The issues in these cases are technical and the alleged crimes are distasteful. As a result, relatively little attention has been paid to the significant legal questions these cases raise.

      But make no mistake: these cases are laying the foundation for the future expansion of law enforcement hacking in domestic criminal investigations, and the precedent these cases create is likely to impact the digital privacy rights of Internet users for years to come. In a series of blog posts in the coming days and weeks, we’ll explain what the legal issues are and why these cases matter to Internet users the world over.

    • At war against the “totalitarian temptation”

      Bill Binney is not mincing his words. In a rallying battle cry against mass surveillance, the former NSA analyst tells an audience at the UK premiere of A Good American that we are basically at war. In every democracy across the world; in our very “hearts and minds”, a war “against the totalitarian temptation” is being waged.

      Perhaps because Binney is such a quiet, considered man, his words seem to carry extra weight. But it’s not just his solemnity that captures attention. Binney is not just a campaigner for civil liberties, speaking of principles and rights. He was on the inside – one of them. A high-level NSA analyst, technical director, and one of the best mathematicians the agency ever had, Bill Binney was their man for 32 years. And then, suddenly, he was their enemy.

    • A Good American: a personal take on mass surveillance

      Director Friedrich Moser draws some conclusions on mass surveillance from his groundbreaking documentary on the work of NSA whistleblower, Bill Binney

    • USA TODAY, others sue FBI for info on phone hack of San Bernardino shooter

      Three news organizations, including USA TODAY’s parent company, filed a lawsuit Friday seeking information about how the FBI was able to break into the locked iPhone of one of the gunmen in the December terrorist attack in San Bernardino.

      The Justice Department spent more than a month this year in a legal battle with Apple over it could force the tech giant to help agents bypass a security feature on Syed Rizwan Farook’s iPhone. The dispute roiled the tech industry and prompted a fierce debate about the extent of the government’s power to pry into digital communications. It ended when the FBI said an “outside party” had cracked the phone without Apple’s help.

      The news organizations’ lawsuit seeks information about the source of the security exploit agents used to unlock the phone, and how much the government paid for it. It was filed in federal court in Washington by USA TODAY’s parent company, Gannett, the Associated Press and Vice Media. The FBI refused to provide that information to the organizations under the Freedom of Information Act.

    • Senator John McCain Uses Cybersecurity Hearing To Try To Shame Twitter For Not Selling Data To The CIA

      John McCain — fighting for the government’s right to get all up in your everything — has decided to embrace the “grumpy” part of his “grumpy old legislator” personality.

      Back in July, McCain expressed his displeasure with Apple declining his invitation to show up and get yelled at/field false accusations at his hearing on encryption. He dourly noted that he was “seeking the widest variety of input,” but his invited guests included Manhattan DA Cy Vance, a former Bush-era Homeland Security advisor and former NSA deputy director Chris Inglis. Not having Apple to kick around peeved McCain, who finished off the “discussion” with subpoena threats.

      Another encryption hearing hosted by McCain devolved into the senator ranting about something no one cares about but him: a tech company not immediately prostrating itself in front of an intelligence agency. Here’s Marcy Wheeler’s summation of McCain’s “contribution” to the discussion.

    • AP, USA Today, Vice Sue FBI Over Refusal To Release Information About Contractor Who Cracked iPhone For It

      USA Today, the Associated Press, and Vice News have joined forces to sue the FBI over its refusal to release even the most minimal amount of information on the hack it purchased to crack open the iPhone seized during its San Bernardino shooting investigation.

      The DOJ certainly seemed adamant that Apple disclose all sorts of inside info to the government during the heated litigation. It turned down offers of assistance from hackers and security researchers before finally shelling out an unknown amount of money to an Israeli firm to gain access to the phone’s contents. It also ensured it would never have to discuss the technical details of the hacking by not demanding this information be included in the purchase price.

      Now, it refuses to even discuss the purchase price. Educated guesses that put it north of $1 million are based on a James Comey comment in which he said it was several times his annual salary. Somehow, the actual amount paid — if revealed — would somehow prevent the FBI’s investigation from reaching its conclusion.

      This FOIA lawsuit [PDF] targets other innocuous information the FBI refuses to release: contractor info on the party used to open up the seized iPhone (and discover nothing of investigative use on it).

    • Shock US government report says Edward Snowden did A Bad Thing

      The report ended by saying that the NSA needs to improve its work on creating an environment in which another Snowden-style leak cannot take place, claiming that not enough has been done to reduce the risk.

    • House Intel Committee Says Snowden’s Not A Whistleblower, ‘Cause He Once Emailed His Boss’s Boss

      As you probably heard, the ACLU and other have launched a massive campaign asking President Obama to pardon Ed Snowden. You can check it out here and sign the petition. There have also been a bunch of high profile op-eds and endorsements from a wide variety of people — from former intelligence officials to human rights groups and more. The campaign was obviously timed to coincide with the release of Oliver Stone’s new movie, Snowden.

      Apparently also timed with the release of the movie, the House Intelligence Committee has released a “report” that they claim they spent two years writing, detailing why they believe Snowden is no whistleblower. They’ve released an unclassified three page “executive summary” that is, at best, laughable. Honestly, if this is the best that the House Intel Committee can put together to smear Snowden, they must have found nothing bad. I mean, it’s the stupidest stuff: like that he once got into a dispute with his boss over some software updates at work and (*gasp*) emailed someone higher up the chain, for which he got reprimanded…

    • The NSA Has Files on a Country That Doesn’t Exist

      A couple years ago, Robert Delaware requested from the NSA any entries from its Intellipedia – the agency’s internal answer to Wikipedia – regarding the micronation “The Conch Republic.” The agency later released four pages, which is a fairly impressive feat considering that, strictly speaking, the Conch Republic doesn’t exist.

    • NSA leaker Edward Snowden says will vote in US presidential election
    • Snowden Says He’ll Vote in US Presidential Election

      Edward Snowden, in exile in Moscow after leaking U.S. National Security Agency documents, said Friday he intends to vote in the U.S. presidential election, but did not say which candidate he favors.

      “I will be voting,” Snowden said, speaking at a conference in Athens by video link from Moscow.

      “But as a privacy advocate I think it’s important for me … that there should never be an obligation for an individual to discuss their vote. And I won’t be doing so with mine.”

    • Snowden says he will vote in US elections

      Edward Snowden, in exile in Moscow after leaking documents of clandestine spying by the U.S. National Security Agency on everyday Americans, said Friday he intends to vote in the U.S. presidential election, but did not say which candidate he favours.

    • ‘Corrupt’ US Intel Unable to Prevent Terrorism, NSA Whistleblower Tells Sputnik

      Bill Binney, former Technical Director of the US National Security Agency and intelligence whistleblower, has delivered a scathing indictment of US mass surveillance techniques. Binney told Sputnik that the current strategy of collecting bulk data is doomed to result in “people ending up getting killed.”

      When you think of intelligence whistleblowers, Edward Snowden may be the first name that springs to mind. But before Snowden, another NSA operative, Bill Binney, felt compelled to lift the lid on the secretive surveillance actions of his government.

    • Edward Snowden stole defence secrets and is no whistleblower, US report says

      Mr Snowden fled to Hong Kong, then Russia, to avoid prosecution and now wants a presidential pardon as a whistleblower.

    • U.S. House panel slams former NSA contractor Snowden
    • GCHQ’s plan for a Great British Firewall creates a dangerous norm

      Intelligence agencies are in the business of deception and misinformation. Truth has little objective meaning or value, but rather exists as it is necessary or useful. How else to make sense of the announcement earlier this week that agencies who just a few years ago railed against strong encryption and were exposed as trying to undermine it, and thus the security of the internet as a whole, are now claiming to be the internet’s protector?

      On Tuesday the director of the UK’s new National Cyber Security Centre laid out vague plans to build a Great British Firewall to protect us from the dangers of cyberattacks in the digital age: “We’re exploring a flagship project on scaling up DNS filtering,” said Ciaran Martin.

      Filtering, or domain name system (DNS) blocking, is controversial – especially when done by a government, as it can interfere with the essential architecture and security of the internet. In the US, bills to mandate DNS blocking such as the Stop Online Piracy Act failed after vigorous debate. Many spam and phishing attacks spoof legitimate sites or email servers, so blocking them has huge collateral damage.

    • The Feds Will Soon Be Able to Legally Hack Almost Anyone

      Digital devices and software programs are complicated. Behind the pointing and clicking on screen are thousands of processes and routines that make everything work. So when malicious software—malware—invades a system, even seemingly small changes to the system can have unpredictable impacts.

      That’s why it’s so concerning that the Justice Department is planning a vast expansion of government hacking. Under a new set of rules, the FBI would have the authority to secretly use malware to hack into thousands or hundreds of thousands of computers that belong to innocent third parties and even crime victims. The unintended consequences could be staggering.

    • 5 Cool Tech Tidbits From the ‘Snowden’ Movie

      Critics are giving mixed reviews to Snowden, the Oliver Stone film that opens in theaters on Friday. But as I wrote this week, the movie is essential viewing for anyone who cares about the national security debate and NSA’s co-opting of familiar technology like Google and Facebook to spy on us.

      One reason the movie is worth watching is the realistic depiction of technology and hacker culture. Even as Snowden engages in Stone-style propaganda to support its hero, it avoids the stupid clichés that often appear when Hollywood takes on tech topics. I spoke with screenwriter Kieran Fitzgerald and technical supervisor Ralph Echemendia, who explained that Edward Snowden himself read drafts of the film and corrected details he felt were inaccurate.

      Here are five aspects of the film that make Snowden a convincing tale about tech.

    • 5 Corporations Now Dominate Our Privatized Intelligence Industry

      The recent integration of two military contractors into a $10 billion behemoth is the latest in a wave of mergers and acquisitions that have transformed America’s privatized, high-tech intelligence system into what looks like an old-fashioned monopoly.

      In August, Leidos Holdings, a major contractor for the Pentagon and the National Security Agency, completed a long-planned merger with the Information Systems & Global Solutions division of Lockheed Martin, the global military giant. The 8,000 operatives employed by the new company do everything from analyzing signals for the NSA to tracking down suspected enemy fighters for US Special Forces in the Middle East and Africa.

      The sheer size of the new entity makes Leidos one of the most powerful companies in the intelligence-contracting industry, which is worth about $50 billion today. According to a comprehensive study I’ve just completed on public and private employment in intelligence, Leidos is now the largest of five corporations that together employ nearly 80 percent of the private-sector employees contracted to work for US spy and surveillance agencies.

    • Twitter CEO Jack Dorsey Joins Call for Edward Snowden Pardon

      Earlier this week, Human Rights Watch, Amnesty International and the American Civil Liberties Union launched a joint campaign and public petition to urge President Obama to pardon Snowden and allow him to return to the United States without the fear of persecution.

      The campaign is being supported by a number of politicians and celebrities, including Senator Bernie Sanders, Susan Sarandon, Daniel Radcliffe, Maggie Gyllenhaal, Terry Gilliam, Noam Chomsky, Senator Ron Wyden as well as former NSA director Michael Hayden.

      It coincides with the release of Oliver Stone’s “Snowden” movie. The movie is largely based on Snowden’s own story, who worked as a NSA contractor until defecting in 2013. Snowden initially took refuge in Hong Kong, then fled to Russia, and worked with journalists at newspapers like Washington Post, the New York Times and the Guardian to reveal details about the NSA’s surveillance programs against U.S. citizens.

    • The House Intelligence Committee’s Terrible, Horrible, Very Bad Snowden Report

      Late yesterday afternoon the House Permanent Select Committee on Intelligence released a three-page executive summary (four, if we count the splendid cover photo) of its two-year inquiry into Edward Snowden’s National Security Agency (NSA) disclosures. On first reading, I described it as an “aggressively dishonest” piece of work.

    • Film Review: Human Element Makes Oliver Stone’s ‘Snowden’ Quite Captivating

      Every whistleblower undergoes some kind of transformation that pushes them to the point where they make the pivotal decision to challenge power. Oliver Stone’s film about National Security Agency whistleblower Edward Snowden portrays how he went from a person reluctant to question the government to a person who believed it was virtuous to challenge abuses of government power.

      “Snowden” unfolds in the Mira Hong Kong Hotel, where Snowden (Joseph Gordon-Levitt) met with journalists Laura Poitras (Melissa Leo) and Glenn Greenwald (Zachary Quinto). The script intermittently flashes back to periods of Snowden’s life, from his time in a military boot camp to his time working for the CIA in Geneva to when he worked at an NSA facility in Oahu, Hawaii.

      Gordon-Levitt nails the intonation of Snowden’s voice. Shailene Woodley is fabulous as his girlfriend, Lindsay Mills, and the choice to make much of the film revolve around Snowden’s relationship with Mills positively elevates the film to a fairly compelling love story. In fact, the way the story is told suggests Snowden’s views on questioning the government changed from post-9/11 flag-waving nationalism the more his romance with Mills blossomed, especially since she was against the Iraq War and other acts of President George W. Bush’s administration.

    • A Cosmopolitan Defense of Snowden

      Like me, Goldsmith believes there’s no chance Snowden will get a pardon, even while admitting that Snowden’s disclosures brought worthwhile transparency to the Intelligence Community. Unlike me, he opposes a pardon, in part, because of the damage Snowden did, a point I’ll bracket for the moment.

    • HPSCI: We Must Spy Like Snowden To Prevent Another Snowden

      I was going to write about this funny part of the HPSCI report anyway, but it makes a nice follow-up to my post on Snowden and cosmopolitanism, on the importance of upholding American values to keeping the servants of hegemon working to serve it.

      As part of its attack on Edward Snowden released yesterday, the House Intelligence Committee accused Snowden of attacking his colleagues’ privacy.

    • Protect Intelligence Whistleblowers

      To get to the offices of the congressional intelligence committees, you must follow a shaft of sunlight down a circular staircase, into the bowels of the Capitol, and down a corridor until you reach heavy wooden doors guarded by an armed sentry. Behind those doors, there are no windows, there is no sunlight. Behind those doors, members of Congress and their staff review our nation’s most secret espionage programs. And on occasion, whistleblowers have helped shine a light into this dark and secret world.

      But high-profile leakers Edward Snowden and Chelsea Manning indicated that they thought approaching Congress would be futile, even dangerous. That is because there is a history of prosecution of whistleblowers and myriad internal hurdles to clear before anyone can report possible classified wrongdoing to Congress—hurdles that are greater in the intelligence arena than any other. So instead they went to the media.

      This must change. Congress must encourage whistleblowers concerned about sensitive intelligence programs to approach the committees first, not to go straight to the media. If the committees made a few changes to welcome whistleblowers, they might avoid having sensitive intelligence programs revealed, while strengthening our national security.

    • Hit Job: Congress Attacks Ed Snowden, Continues Ostrich-style “Oversight”

      If you’re a current or former member of the House Permanent Select Committee on Intelligence (HPSCI) or a current or former staff member of the same and you’ve decided to read this, I commend you. It will be the first step in a multi-step program you’ll need to undergo in order to come to terms with how the nearly 40 year-old institution that you are or were a part of, an instiution that was originally designed to police the Intelligence Community, has instead become’s its chief guardian — and in so doing, enabled that same Intelligence Community to become the single biggest threat to the Constitution and the Bill of Rights that we’ve faced in the history of the Republic.

    • Review: ‘Snowden,’ Oliver Stone’s Restrained Portrait of a Whistle-Blower

      Oliver Stone’s “Snowden,” a quiet, crisply drawn portrait of the world’s most celebrated whistle-blower, belongs to a curious subgenre of movies about very recent historical events. Reversing the usual pattern, it could be described as a fictional “making of” feature about “Citizenfour,” Laura Poitras’s Oscar-winning documentary on the former National Security Agency contractor Edward J. Snowden. That film seems to me more likely to last — it is deeper journalism and more haunting cinema — but Mr. Stone has made an honorable and absorbing contribution to the imaginative record of our confusing times. He tells a story torn from slightly faded headlines, filling in some details you may have forgotten, and discreetly embellishing the record in the service of drama and suspense.

      In the context of this director’s career, “Snowden” is both a return to form and something of a departure. Mr. Stone circles back to the grand questions of power, war and secrecy that have propelled his most ambitious work, and finds a hero who fits a familiar Oliver Stone mold. Edward (Joseph Gordon-Levitt, leaning hard on a vocal imitation) is presented as a disillusioned idealist, a serious young man whose experiences lead him to doubt accepted truths and question the wisdom of authority. He has something in common with Jim Garrison in “J.F.K.” and Ron Kovic in “Born on the Fourth of July,” and also with Chris Taylor and Bud Fox, the characters played by Charlie Sheen in “Platoon” and “Wall Street.”

    • NYPD Says Talking About Its IMSI Catchers Would Make Them Vulnerable to Hacking

      Typically, cops don’t like talking about IMSI catchers, the powerful surveillance technology used to monitor mobile phones en masse. In a recent case, the New York Police Department (NYPD) introduced a novel argument for keeping mum on the subject: Asked about the tools it uses, it argued that revealing the different models of IMSI catchers the force owned would make the devices more vulnerable to hacking.

      Civil liberties activists are not convinced. Christopher Soghoian from the American Civil Liberties Union (ACLU) wrote in an affidavit as part of a petition against the NYPD’s decision not to share this information, “It would be a serious problem if the costly surveillance devices purchased by the NYPD without public competitive bidding are so woefully insecure that the only thing protecting them from hackers is the secrecy surrounding their model names.”

      The New York Civil Liberties Union (NYCLU), an affiliate of the ACLU, has been trying to get access to information about the NYPD’s IMSI catchers under the Freedom of Information Law. These devices are also commonly referred to as “stingrays”, after a particularly popular model from Harris Corporation. Indeed, the NYCLU wants to know which models of IMSI catchers made by Harris the police department has.

      “Public disclosure of this information, and the amount of taxpayer funds spent to buy the devices, directly advances the Freedom of Information Law’s purpose of informing a robust public debate about government actions,” the NYCLU writes in a court filing. The group has requested documents that show how much money has been spent on the technology.

  • Civil Rights/Policing

    • 4 Things to Consider When Running Social Media Campaigns About Texas Inmates

      Two such advocates reached out to EFF: Esther Große and Carrie Christensen. These women work with a high-profile inmate, Kenneth Foster, to try to secure his release and reform Texas’ so-called “Law of Parties,” which allows the state to assign capital punishment to accessories to a murder, even if they didn’t actually commit the act. Foster was facing the death penalty under this rule, but hours before his scheduled execution in 2007, Gov. Rick Perry commuted his sentence to life imprisonment. Ever since, Foster has engaged in political activism from behind bars through his writing and poetry.

      Esther and Carrie had been running various social media accounts to support Foster. They maintained editorial control of these accounts and posted his writing. But they voluntariliy suspended these accounts after the new TDCJ rule was announced for fear of the impact on Foster. EFF communicated (.pdf) with TDCJ on their behalves to establish better clarity on what will and will not be permitted under the policy. Based on the information we and others (.pdf) received from TDCJ, we can now share lessons we’ve gleaned for operating a social media campaign regarding an inmate.

    • FBI Agent Posing as Journalist to Deliver Malware to Suspect Was Fine, Says DOJ

      In 2007, an FBI agent impersonated an Associated Press journalist in order to deliver malware to a criminal suspect and find out his location. According to a newly published report from the Department of Justice, the operation was in line with the FBI’s undercover policies at the time.

      Journalistic organisations had expressed concern that the tactic could undermine reporters’ and media institutions’ credibility.

      “We concluded that FBI policies in 2007 did not expressly address the tactic of agents impersonating journalists,” the report from the Office of the Inspector General reads.

      The case concerned a Seattle teenager suspected of sending bomb threats against a local school. FBI Special Agent Mason Grant got in touch with the teen over email, pretending to be an AP journalist. After some back and forth, Grant sent the suspect a fake article which, when clicked, grabbed his real IP address. Armed with this information, the FBI identified and arrested the suspect.

    • Tesla is suing an oil-company executive it says impersonated Elon Musk

      Tesla is suing an oil executive under suspicion of impersonating Elon Musk to dig up confidential financial information from the company, Forbes reported on Wednesday.

      The lawsuit, reportedly filed Wednesday in the Superior Court of Santa Clara County, claimed that Todd Katz, the chief financial officer for Quest Integrity Group, emailed Tesla’s chief financial officer using a similar email address as Musk’s looking to gain information that wasn’t disclosed in an earnings call with investors.

    • Tesla sues oil exec for impersonating Elon Musk

      Tesla Motors is suing an oil pipeline service executive in a California court, claiming the man impersonated Tesla CEO Elon Musk in an attempt to gain undisclosed financial information.

      The lawsuit, filed Wednesday in the Superior Court of Santa Clara County, says Quest Integrity Group CFO Todd Katz sent an email to Tesla CFO Jason Wheeler from a Yahoo email address similar to one Musk has used in the past.

      A spokesman for the Quest’s parent company called the allegations involving company officials “unsubstantiated” and “absurd.”

    • Former hacker blasts Love’s trial as an ‘absurd ordeal’

      ALLEGED HACKER Lauri Love, the 31-year-old British citizen accused of breaking into the systems of the FBI, the US Missile Defence Agency and the Federal Reserve Bank in 2013, has lost his appeal over extradition to the US.

      The judgement was delivered within minutes of the commencement of this afternoon’s session at Westminster Magistrates’ Court.

      Love’s lawyer, Tor Ekeland, said that Love had “embarrassed” the US authorities and that they had “very bad security and these hacks used exploits that were publicly known for months”.

      Former hacker and ex-Anonymous and LulzSec mouthpiece Jake ‘Topiary’ Davis attended the hearing and live tweeted the verdict, calling it “a horrible decision” and “a mess from the start”.

      According to Davis, Love was immediately advised by the judge that he could appeal against the decision and that the case would be sent on to the Secretary of State while he remains, for the time being, on bail.

      Love, referring to his appeal, told press and supporters outside the court: “This means we’ve been given a higher platform. There will be justice. Don’t let the bastards get you down.”

    • Lauri Love to be extradited to the US to face hacking charges, court rules

      Briton Lauri Love will be extradited to the US to face charges of hacking, Westminster Magistrates’ Court ruled on Friday.

      Love faces up to 99 years in prison in the US on charges of hacking as part of the Anonymous collective, according to his legal team.

      Handing down her ruling at Westminster Magistrates’ Court in London, district judge Nina Tempia told Love that he can appeal against the decision. The case will now be referred to the home secretary Amber Rudd while Love remains on bail.

    • Judge Rules to Extradite Alleged UK Hacker Lauri Love

      Copy This URL

      Lauri Love will be extradited to the US to face charges related to his alleged involvement in #OpLastResult, a UK judge has ruled today.

      Speaking at Westminster Magistrates’ Court this afternoon, Judge Nina Tempia said: “I will be extraditing Mr Love, by which I mean I will be passing the case to the Secretary of State.”

      The ruling, which lasted under five minutes, was attended by Love, his parents, and around 40 supporters. Leaving court, some of his supporters derided the decision, shouting: “Bullshit, kangaroo court!”

    • Lauri Love loses fight against extradition

      Lauri Love has lost his court case against extradition to the US to face hacking charges.

      Love was indicted in US courts in 2013 after it emerged that he had hacked into servers at the Federal Reserve, NASA, Missile Defence Agency and the US Army as part of hacker group known as Anonymous.

      He and his doctors have consistently argued in extradition hearings that he should not be extradited to the US from his home in south-eastern England because he suffers from Asperger syndrome and depression. Love has repeatedly told the media that he would rather commit suicide than face trial in America.

    • Alleged hacker Lauri Love to be extradited to US

      An autistic man suspected of hacking into US government computer systems is to be extradited from Britain to face trial, a court has ruled.

      Lauri Love, 31, who has Asperger’s syndrome, is accused of hacking into the FBI, the US central bank and the country’s missile defence agency.

      Mr Love, from Stradishall, Suffolk, has previously said he feared he would die in a US prison if he was extradited.

    • Computer activist Lauri Love loses appeal against US extradition

      Lauri Love, the student accused of hacking into the computer systems of the US missile defence agency, Nasa and the Federal Reserve, has lost his appeal against extradition to America.

      Judge Nina Tempia said the 31-year-old, who has Asperger syndrome, could be cared for by “medical facilities in the United States prison estate” and implied that he should answer the “extremely serious charges” in the country where the damage was inflicted.

      Love, who lives with his parents in Newmarket, Suffolk, was granted permission to appeal against Friday’s ruling and given bail pending further legal action. The battle over his fate could eventually reach the European court of human rights in Strasbourg and last several years.

      There were gasps in the courtroom as Tempia read out her ruling, which followed a full case hearing in June. Love’s supporters, who stormed out of Westminster magistrates court in London shouting “kangaroo court”, fear he could face up to 99 years in a US jail if convicted on all counts.

    • UK Court Says Lauri Love Can Be Extradited To Face Hacking Charges In The US

      There’s little to be gained by adding up the maximum possible jail sentence facing Love. Rest assured, if convicted, it will likely be over a decade. Consolidation of the cases and charges is likely, but more than one of the charges carry possible 10-year sentences.

      Meanwhile, back in the UK, Love has managed to escape being jailed for refusing to turn over passwords and encryption keys to law enforcement. UK investigators fought hard to force Love — who they’ve never formally charged — to crack open multiple seized devices for them. This attempt was shot down in May by a judge who viewed this as an end run around protections built into RIPA, the laws governing law enforcement’s investigatory powers.

      The final decision on Love’s extradition is in the hands of Elizabeth Truss, the recently-appointed Secretary of State for Justice. Truss’ previous government work doesn’t really provide much guidance on which side she’ll come down on this, but her voting record tends to indicate she’s more sympathetic to national security/law enforcement interests than those of her constituents. Considering the UK and US have a very cozy surveillance relationship, it stands to reason Truss will likely decide to appease the DOJ, rather than overturn the court’s decision.

    • Swedish appeals court upholds detention order for WikiLeaks founder Julian Assange

      A Swedish appeals court on Friday upheld a detention order for WikiLeaks founder Julian Assange, dismissing the latest attempt by the 45-year-old Australian to make prosecutors drop a rape investigation from 2010.

      The decision by the Svea Court of Appeal means that the arrest warrant stands for the 45-year-old computer hacker, who has avoided extradition to Sweden by seeking shelter at the Ecuadorean Embassy in London since 2012.

      Assange, who denies the rape allegation, has challenged the detention order several times. He says he fears he will be extradited to the United States to face espionage charges if he leaves the embassy.

    • Muslims are most disliked group in America, says new study

      Muslims are the most disapproved group in America, according to a new study, amid increasing anti-Muslim rhetoric from conservative politicians.

      A new study from sociologists at the University of Minnesota, which analysed Americans’ perceptions of minority faith and racial groups, found that their disapproval of Muslims has almost doubled from about 26 per cent 10 years ago to 45.5 per cent in 2016.

      Amid increasing focus on immigration, refugees and national security and in the wake of multiple terrorist attacks around the world, the study found that almost half of those surveyed would not want their child to marry a Muslim, compared to just 33.5 per cent of people a decade earlier.

    • Court: Officer Killed Man Less Than a Second After Command

      A Southern California police officer gave a man less than a second to raise his hands before opening fire and killing him, a federal appeals court noted Friday in rejecting the officer’s request to dismiss a wrongful death lawsuit against him.

      The 9th U.S. Circuit Court of Appeals in San Francisco said Tustin Police Officer Osvaldo Villarreal couldn’t reasonably have feared for his safety when he shot 31-year-old Benny Herrera after responding to a domestic dispute call in December 2011.

      That determination ran counter to the Orange County District Attorney’s Office, which said in 2013 that the shooting was reasonable and justified because Villarreal fired after Herrera ignored orders to show his hands.

      A video captured by a police dashboard camera shows otherwise, according to the 9th Circuit judges who cited the footage.

  • Internet Policy/Net Neutrality

    • NYC Kills Internet Browsing At Free WiFi Kiosks After The City’s Homeless Actually Use It

      Earlier this year, New York City undertook one of the biggest free city WiFi efforts ever conceived. Under the plan, an outfit by the name of LinkNYC is slated to install some 7,500 WiFi kiosks scattered around the five boroughs that will provide free gigabit WiFi (well, closer to 300 Mbps or so), free phone calls to anywhere in the country (via Vonage), as well as access to a device recharging station, 311, 911, 411 and city services (via an integrated Android tablet). The connectivity and services are supported by a rotating crop of ads displayed on the kiosks themselves.

    • Is New York City’s Public Wi-Fi Actually Connecting the Poor?

      Two young men sit on the corner of 3rd Avenue and 54th Street, huddled against a tall silver obelisk on a hot summer day. One man is sprawled on the ground in dirty sweatpants, and the other is 20-something, shirtless and examining an iPhone plugged into the kiosk’s USB port. Around them on the ground is a backpack, a duffel, loose cigarettes, and a roughed-up phone.

      LinkNYC, New York City’s newest communications network, includes more than 350 kiosks installed on sidewalks throughout the city and was created to repurpose payphone infrastructure through public kiosks offering free internet, phone calls, and USB charging ports. The project is a collaboration between the city and a consortium of private technology and media companies including Sidewalk Labs, an Alphabet (read: Google) company, and represents an important innovation in the “smart city” movement integrating information and communication technologies into all aspects of urban life.

    • cloudflare and rss

      Let’s say somebody has a blog that I’d like to read. Subscribe to even. Let’s say they have an RSS link on their page. This should be easy.

      Now let’s say the blog in question is hosted/proxied/whatever by Cloudflare. Uh oh.

      Just reading the blog in my browser is now somewhat hampered because Cloduflare thinks I’m some sort of cyberterrorist and requires my browser run a javascript anti-turing test. But eventually the blog loads, I read it, click the RSS link to subscribe, see that it is in fact XML rendered in my browser, and copy the link.

    • Internet speed – you don’t get what you pay for

      The age old cry is that “The internet too slow.” In part that has been exposed by the raft of new AC routers that may be able to connect at up to a gigabit in your network but grind to a halt when it hits the internet.

      The internet speeds offered by Telcos, ISPs and RSPs are a theoretical maximum speed – more guidelines really and they are under no real obligation to provide even a fraction of the advertised speed. The vast majority of ADSL connections are heavily contended (bandwidth is shared by other users on the same DSLAM), so when the kids get home, internet speeds slow even more.

      Like any advertised goods or services, you should get what you pay for – a kilo of fruit must weight a kilo, or there are huge fines for “short weight.” But it seems ISPs are dead against that principle telling the Australian Competition and Consumer Commission (ACCC) to butt out.

  • Intellectual Monopolies

    • Cuba, US hold first talks on intellectual property

      Cuba and the US held their first talk on the issue of intellectual property, the island’s Ministry of Foreign Affairs said on Monday.

      A statement revealed that Daniel Marti, Intellectual Property Enforcement Coordinator at the White House visited Havana on September 8-9 and met with representatives of the Cuban Office of Industrial Property, the National Centre of Copyright, the Faculty of Law of the University of Havana, the Ministry of Foreign Affairs and the Ministry of Foreign Trade and Foreign Investment.

      Marti was accompanied by officials from the State Department, the Copyright Office and the United States Patent and Trademark Office, Xinhua news agency reported.

      “In this first official meeting between Cuba and the US on intellectual property, the parties exchanged views on current regulations in the respective countries … and the legal framework of the two states for the protection of trademarks, patents and legal copyright,” read the statement.

    • Copyrights

      • Alleged KickassTorrents Owner Denied Access to U.S. Counsel

        This week the U.S. sent notice to Polish authorities indicating it wants to extradite Artem Vaulin, the alleged owner of KickassTorrents. Vaulin’s defense team is reviewing the request but warns that the case is turning into an international due process problem, as he is still unable to meet his U.S. counsel.

      • European Commission wants to break the web, give publishers the right to charge for inbound links

        The European Commission’s “copyright modernisation” plan is an unmitigated disaster, but there’s one particularly insane section of it that I want to call your attention to: the “link tax,” which entitles publishers to payment when people link to them on the internet.

        Fundamentally, this is the insane idea that companies own the information about where they and their assets are located, a shitty idea that we’ve been making fun of since 2001, which the elected European Parliament has repeatedly rejected, which experiments in Germany and Spain have shown to be a disaster.

        But the unelected, thoroughly captured bureaucrats of the European Commission refuse to let go of this ridiculous plan.

      • Nobody Is Watching Kim Dotcom’s Livestreamed Extradition Hearing

        Remember Kim Dotcom? He’s the convicted fraudster-turned rich dude who ran MegaUpload, that file storage website that hosted a ton of pirated content. In January 2012, Dotcom was raided by New Zealand authorities and he’s been in legal purgatory ever since. Right now, Dotcom is fighting extradition by the United States for charges of online piracy.

      • Incumbents rule

        The European Union’s online reforms help the old more than the new

      • Wi-Fi providers not liable for copyright infringements, rules top EU court

        Businesses such as coffee shops that offer a wireless network free of charge to their customers aren’t liable for copyright infringements committed by users of that network, the ruling states—which, in part, chimes with an earlier advocate general’s opinion. But hotspot operators may be required, following a court injunction, to password-protect their Wi-Fi networks to stop or prevent such violations.

        In 2010, Sony sued Tobias McFadden, who provides free Wi-Fi access at his lighting and sound system shop in Munich, Germany. The company claimed a copyrighted song had been offered for download from his wireless network. Although he wasn’t the individual responsible for the infringement, the local court mulled a ruling of indirect liability because the network hadn’t been secured.

      • Copyright Trolls Now Threatening College Students With Loss of Scholarship, Deportation

        In all of our coverage of copyright trolls, those rent-seeking underdwellers that fire off threat letters to those they suspect of copyright infringement with demands designed to extract cash without having to actually take anyone to court, it’s quite easy to become somewhat numb to the underhanded tactics they employ. Between specifically targeting folks over pornography in order to minimize the chance that anyone might want to actually go to trial, to the privacy invading tactics occasionally used when a court case actually commences, it becomes easy to simply shrug at the depravity of it all.

        But there is a special place in hell for copyright trolls who falsely inform students that failure to pay on receipt of threat letters, or who falsely inform foreign students that deportation could result from a failure to pay. According to at least one university in Canada, this is apparently a new favored tactic among some copyright trolls.

      • Another Bad EU Ruling: WiFi Providers Can Be Forced To Require Passwords If Copyright Holders Demand It

        For quite some time now, we’ve been following an odd case through the German and then EU court system, concerning whether or not the operator of an open WiFi system should be liable for copyright infringement that occurs over that access point. Back in 2010, a German court first said that if you don’t secure your WiFi, you can get fined. This was very problematic — especially for those of us who believe in open WiFi. The EU Court of Justice agreed to hear the case and the Advocate General recommended a good ruling: that WiFi operators are not liable and also that they shouldn’t be forced to password protect their access points.

        The ruling, unfortunately, says that WiFi operators can be compelled to password protect their networks. It’s not all bad, in that the headline story is that WiFi operators, on their own, are not liable for actions done on the network, but that’s completely undermined by the requirement to password protect it if a copyright holder asks them to.

      • Do memes violate copyright law?

        Who owns a meme—those pictures, videos and ideas that go viral on the internet?

        In the case of the Socially Awkward Penguin, the answer might be National Geographic, since a staff photographer took the original penguin picture. Around 2009, internet users got hold of that photo, changed the background, added text and made it an internet phenomenon.

        But stock photo company Getty Images says it controls the penguin—and its meme progeny. Last year, Getty Images, which licenses National Geographic’s pictures, told the German company Get Digital that it owed license fees for using the penguin meme on one of its blogs. And Getty’s bill was twice the normal licensing fee, according to Get Digital.

      • Apparently, Ubuntu is ‘infringing’ Paramount’s Copyrights over Transformers movie!

        For some unknown reason, Paramount Pictures has decided that the freely distributed Ubuntu OS torrents are “infringing” their copyrights on Transformers movie! Paramount Pictures recently sent a DMCA takedown notice to Google, accusing Ubuntu OS of infringing their copyrights.

      • Torrent Site Founder, Moderator and Users Receive Prison Sentences

        The 28-year-old former operator of a French-based torrent site has been ordered to serve a year in jail and pay a five million euro fine. A moderator received a four-month suspended sentence. Somewhat unusually, four regular users of the site were tracked down by their IP addresses. They too received custodial sentences.

09.16.16

Links 16/9/2016: Uber Uses GNU/Linux, Dell’s New Laptops

Posted in News Roundup at 6:57 am by Dr. Roy Schestowitz

GNOME bluefish

Contents

GNU/Linux

Free Software/Open Source

Leftovers

  • Health/Nutrition

    • Delinkage Of R&D Costs From Product Prices

      It is essential that policy makers reform the systems for financing R&D, and de-link the costs of R&D from the prices of products.

      First, let’s reflect on why we have high drug prices. When we grant monopolies on products, through patents or other measures, the company that has the monopoly exploits the monopoly, fairly predictably, to maximize profits, and increasingly, this means aggressive pricing.

      Why do we have public policies to create monopolies? Because that is part of our system of funding R&D. That is really the only reason to create the monopolies in the first place.

      But, there is an alternative that would do a better job of funding R&D, with low drug prices, and that is a system that is based on delinkage.

  • Defence/Aggression

    • Latest Estimate Pegs Cost of Wars at Nearly $5 Trillion

      The total U.S. budgetary cost of war since 2001 is $4.79 trillion, according to a report released this week from Brown University’s Watson Institute. That’s the highest estimate yet.

      Neta Crawford of Boston University, the author of the report, included interest on borrowing, future veterans needs, and the cost of homeland security in her calculations.

  • Transparency/Investigative Reporting

    • Swedish Court Upholds Arrest Warrant for Julian Assange

      The 45-year-old Australian has been holed up in the Ecuadoran embassy in London since June 2012, seeking refuge there after exhausting all his legal options in Britain against extradition to Sweden.

      Assange has refused to travel to Stockholm for questioning over the rape allegation, which he denies, due to concerns Sweden will extradite him to the US over WikiLeaks’ release of 500,000 secret military files on the wars in Afghanistan and Iraq.

      This is the eighth time the European arrest warrant has been tested in a Swedish court. All of the rulings have gone against him.

  • Environment/Energy/Wildlife/Nature

    • Exxon lobbying: New documents reveal push against electric cars

      Exxon is lobbying the UK government to stop them pushing for electric vehicles as a way of tackling climate change or air pollution, according to documents obtained under Freedom of Information rules (FOI) by DeSmog UK.

      The documents reveal the firm lobbied UK transport department officials in three separate presentations given after the UK signed up to the Paris agreement on climate change last year.

    • Two hurt as train derailed in flood landslide near Watford Junction

      The 06:19 BST service from Milton Keynes to Euston left the track at about 07:00 BST, Network Rail said.

      A portion of the train derailed and was then hit by another train. It was a “glancing blow” and the other train continued on its way.

      A man was treated for a neck injury and a woman treated for chest pains.

      London Midland and Virgin services remain “severely disrupted” from the north-west, Scotland, and the Midlands.

  • Finance

    • Hatch Still Trying To Change The Finalized TPP Deal To Make It Even Worse For Other Nations

      As Techdirt noted in 2014, by agreeing to the “fast track” procedure for trade deals, Congress has essentially given up its power to change them. That’s a two-edged sword. Although it makes the ratification process simpler, because things like TPP and TTIP must be accepted or rejected in their entirety, it also means that political bosses have no ability to tweak the text to make it more likely the deals will be ratified. That’s coming back to bite one of the people who introduced the fast track bill, Senate Finance Committee Chairman Orrin Hatch.

    • Deutsche Bank: No plan to pay $14B Justice Dept. settlement

      Deutsche Bank AG said Friday it does not intend to pay $14 billion to settle civil claims with the U.S. Department of Justice for its handling of residential mortgage-backed securities and related transactions.

      The bank confirmed in a statement that the Justice Department had proposed a settlement of $14 billion and asked the German bank to make a counter proposal.

    • Northern Powerhouse: George Osborne to stay and fight for project

      George Osborne has said he will stay in the Commons to “fight for the things I care about” as he launches a think tank to promote the Northern Powerhouse.

      Mr Osborne, who was sacked as chancellor by Theresa May, said: “I don’t want to write my memoirs because I don’t know how the story ends.”

      There had been a “bit of a wobble” by Mrs May over the project, he said.

      No 10 says Mrs May is building on his plan to create a northern economy to rival London and the South East.

    • Over 200 Economics & Law Professors Urge Congress To Reject Corporate Sovereignty Provisions In Trade Deals

      We’ve written quite a lot for years about the massive problems with “corporate sovereignty” provisions in trade agreements — so-called “investor state dispute settlement” (ISDS) provisions — that allow companies to “sue” countries for regulations they feel are unfair. These aren’t heard by courts, but rather by “tribunals” chosen by the companies and the countries. Some supporters of these provisions claim that there’s really nothing wrong with them because they help encourage both investment in different countries and more stable and fair regulations.

    • TPP members agree not to renegotiate sweeping free trade deal

      The 12 countries that signed the Trans-Pacific Partnership free trade pact earlier this year agreed Monday that they will not renegotiate the deal, Japan’s TPP minister Nobuteru Ishihara said.

      The minister also told reporters the 12 nations confirmed they will move ahead with domestic processes quickly to adopt the U.S.-led trade pact.

      Ishihara’s remarks came after he joined ambassadors and other representatives from 11 countries for a TPP meeting at the official residence of U.S. Ambassador to Japan Caroline Kennedy in Tokyo.

  • AstroTurf/Lobbying/Politics

    • State Department Delays Records Request About Clinton-Linked Firm Until After The 2016 Election

      Beacon Global Strategies is a shadowy consulting firm that’s stacked with former Obama administration officials, high profile Republicans and a number of Hillary Clinton’s closest foreign policy advisers. But beyond its billing as a firm that works with the defense industry, it is unclear for whom specifically the company works, exactly what it does, and if Beacon employees have tried to influence national security policy since the firm’s founding in 2013.

      And now the Obama administration has complicated the effort to find out — at least until after the presidential election. Last week, the State Department delayed its response to a 2015 public records request for any correspondence between Beacon and agency officials until May 2017.

    • Nigel Farage aide defects to Tories claiming a mass exodus from Ukip

      One of Nigel Farage’s closest aides, who headed Ukip’s media operation for three years, has said the party has “disintegrated” and that she has joined the surge of members and supporters turning to the Conservatives.

      Alexandra Phillips said Theresa May had delivered on all key elements of Ukip’s 2015 election manifesto “within a matter of months”, leaving her former party with few places to go in policy terms.

      “I think ideologically the Tories are doing the Ukip dance now,” she said, pointing to policies on Brexit, immigration, grammar schools and fracking. Phillips said Farage had been “inspirational” to work with and would be remembered as “one of the most incredible politicians of our generation”.

  • Censorship/Free Speech

  • Privacy/Surveillance

    • Congressman In Charge Of OPM Hacking Report Announces Plan To Investigate Stingray Use Next

      It’s a good point, one fresh in the mind of millions thanks to the just-delivered OPM report. The government appears willing to take security seriously if it means doling out tax dollars to dozens of agencies with cyberstars in their eyes and crafting bad legislation, but not so much when it comes to actually ensuring its own backyard is locked down.

      Chaffetz was one of the legislators behind the 2015 attempt to turn the DOJ’s Stingray guidance into law, laying down a warrant requirement for US law enforcement. Unfortunately, the bill went nowhere. Presumably, a thorough investigation into law enforcement use of this repurposed war tech might prompt more legislative cooperation in the future.

      Chaffetz has done little to endear himself to security and law enforcement agencies since his arrival on the Hill. In addition to the failed Stingray warrant bill, Chaffetz also partnered with Ron Wyden to attempt to add a warrant requirement for law enforcement GPS tracking — something the Supreme Court almost addressed in its US v. Jones decision.

    • Edward Snowden: House Intelligence Committee Slams NSA Leaker As Disgruntled Employee, Thief
    • Congress Celebrates Snowden Release by Accusing NSA Whistleblower of Invading Privacy
    • ‘He is not a whistleblower. He is a criminal’: Scathing congressional report slams Edward Snowden and says he leaked secrets that ’caused tremendous damage’ to national security
    • ‘He is not a whistleblower. He is a criminal’: Scathing congressional report slams Edward Snowden and says he leaked secrets that ’caused tremendous damage’ to national security
    • NSA Whistleblower Condemns Mass Surveillance | UK-Argentina Relations Thaw

      Today’s main stories: NSA whistleblower Bill Binney, protagonist of the film The Good American which is premiered in the UK tonight, reveals that the 9/11 attacks in New York and many more recent terrorist attacks across Europe could have been avoided if the US had not relied on methods of mass surveillance. Bill Binnie and the film’s director, Friedrich Moser join us in the studio to discuss the ethics of mass surveillance and whether Edward Snowden could receive a presidential pardon.

    • National Security Officials Offer Hedged Support For Strong Encryption

      As Dianne Feinstein and Richard Burr mount another attempt to legislate holes in encryption, national security officials are offering testimony suggesting this is no way to solve the perceived problem. Another encryption hearing, again hosted by a visibly irritated John McCain (this time the villain is Twitter), featured testimony from NSA Director Michael Rogers [PDF] and Undersecretary of Defense for Intelligence Marcel Lettre [PDF] — neither of whom offered support for mandated backdoors.

      As nice as that sounds, the testimony wasn’t so much “We support strong encryption,” as it was “We support strong encryption*.”

      Lettre’s testimony follows statements of support for encryption — and opposition to legislated backdoors or “golden keys” — with the veiled suggestion that the government will be leaning heavily on tech companies to solve this problem for it.

    • If Snowden Doesn’t Know Privacy Protections of 702, That’s a Problem with NSA Training

      The House Intelligence Committee just released a report — ostensibly done to insist President Obama not pardon Snowden — that is instead surely designed as a rebuttal to the Snowden movie coming out in general release tomorrow. Why HPSCI sees it as their job to refute Hollywood I don’t know, especially since they didn’t make the same effort when Zero Dark Thirty came out, which suggests they are serving as handmaidens of the Intelligence Community, not an oversight committee.

      There will be lots of debates about the validity of the report. In some ways, HPSCI admits they’re being as inflammatory as possible, as when they note that the IC only did a damage assessment of what they think Snowden took, whereas DOD did a damage assessment of every single thing he touched. HPSCI’s claims are all based on the latter.

      There are things that HPSCI apparently doesn’t realize makes them and the IC look bad — not Snowden — such as the claim that he never obtained a high school equivalent degree; apparently people can just fake basic credentials and the CIA and NSA are incapable of identifying that. The report even admits a previously unknown contact between Snowden and CIA’s IG, regarding the training of IT specialists. BREAKING: Snowden did try to report something through an official channel!

    • Review: ‘Snowden,’ Oliver Stone’s Restrained Portrait of a Whistle-Blower

      Oliver Stone’s “Snowden,” a quiet, crisply drawn portrait of the world’s most celebrated whistle-blower, belongs to a curious subgenre of movies about very recent historical events. Reversing the usual pattern, it could be described as a fictional “making of” feature about “Citizenfour,” Laura Poitras’s Oscar-winning documentary on the former National Security Agency contractor Edward J. Snowden. That film seems to me more likely to last — it is deeper journalism and more haunting cinema — but Mr. Stone has made an honorable and absorbing contribution to the imaginative record of our confusing times. He tells a story torn from slightly faded headlines, filling in some details you may have forgotten, and discreetly embellishing the record in the service of drama and suspense.

      In the context of this director’s career, “Snowden” is both a return to form and something of a departure. Mr. Stone circles back to the grand questions of power, war and secrecy that have propelled his most ambitious work, and finds a hero who fits a familiar Oliver Stone mold. Edward (Joseph Gordon-Levitt, leaning hard on a vocal imitation) is presented as a disillusioned idealist, a serious young man whose experiences lead him to doubt accepted truths and question the wisdom of authority. He has something in common with Jim Garrison in “J.F.K.” and Ron Kovic in “Born on the Fourth of July,” and also with Chris Taylor and Bud Fox, the characters played by Charlie Sheen in “Platoon” and “Wall Street.”

    • If Someone Is Testing Ways To Take Down The Internet, Perhaps It’s Time To Build A Stronger Internet

      This article is getting a collective “oh, shit, that’s bad” kind of reaction from many online — and that’s about right. But, shouldn’t it also be something of a call to action to build a better system? In many ways, it’s still incredible that the internet actually works. There are still elements that feel held together by duct tape and handshake agreements. And while it’s been surprisingly resilient, that doesn’t mean that it needs to remain that way.

      Schneier notes that there’s “nothing, really” that can be done about these tests — and that’s true in the short term. But it seems, to me, like it should be setting off alarm bells for people to rethink how the internet is built — and to make things even more distributed and less subject to attacks on “critical infrastructure.” People talk about how the internet was originally supposed to be designed to withstand a nuclear attack and keep working. But, the reality has always been that there are a few choke points. Seems like now would be a good time to start fixing things so that the choke points are no longer so critical.

    • As “Snowden” Opens, Three Largest Rights Groups in U.S. Call on Obama for a Pardon

      The day after the New York premiere of Oliver Stone’s new movie, “Snowden,” the three largest human rights organizations in the U.S. teamed up to launch a campaign calling on President Obama to pardon the NSA whistleblower.

      Snowden himself spoke via video from Moscow at a press conference Wednesday morning alongside representatives from the ACLU, Human Rights Watch, and Amnesty International.

      Snowden called whistleblowing “democracy’s safeguard of last resort” and argued that if the Obama administration does not reverse its practice of prosecuting whistleblowers, it would leave a legacy of secrecy that is damaging to democracy.

    • Rights Groups, Riding Film Publicity, Urge Pardon for Edward Snowden

      Three human rights groups on Wednesday urged President Obama to pardon Edward J. Snowden, the former intelligence contractor who leaked secret documents about National Security Agency surveillance in 2013 and is living in Russia as a fugitive from criminal charges.

      The start of the campaign coincides with the theatrical release this week of the movie “Snowden,” a sympathetic, fictionalized version of his story by the director Oliver Stone. Together, the film and the campaign, called “Pardon Snowden,” opened a new chapter in the debate about the surveillance Mr. Snowden revealed and about whether his leaks will go down in history as whistle-blowing or treason.

    • Former CIA Officer: President Obama Should Pardon Edward Snowden

      This week, Edward Snowden, multiple human rights and civil rights groups, and a broad array of American citizens asked President Obama to exercise his Constitutional power to pardon Snowden. As a former CIA officer, I wholeheartedly support a full presidential pardon for this brave whistleblower.

      All nations require some secrecy. But in a democracy, where the government is accountable to the people, transparency should be the default; secrecy, the exception. And this is especially true regarding the implementation of an unprecedented system of domestic bulk surveillance, a mere precursor of which Senator Frank Church warned 40 years ago could lead to the eradication of privacy and the imposition of “total tyranny.”

      That today we are engaged in a meaningful debate about whether such a system is desirable is almost entirely due to the conscience, courage and conviction of one man: Edward Snowden. Without Snowden, the American people could not balance for themselves the risks, costs and benefits of omniscient domestic surveillance. Because of him, we can.

      For this service, the government has charged Snowden under the World War I-era Espionage Act. Yet Snowden did not sell information secretly to any enemy of America. Instead, he shared it openly through the press with the American people.

  • Civil Rights/Policing

    • CBP Fails to Meaningfully Address Risks of Gathering Social Media Handles

      Last month we submitted comments to Customs and Border Protection (CBP), an agency within the U.S. Department of Homeland Security, opposing its proposal to gather social media handles from foreign visitors from Visa Waiver Program (VWP) countries. CBP recently provided its preliminary responses (“Supporting Statement”) to several of our arguments (CBP also extended the comment deadline to September 30). But CBP has not adequately addressed the points we made.

      [...]

      As we said in our comments, we do not doubt that CBP and DHS are sincerely motivated to protect homeland security. However, the proposal to collect social media handles has serious flaws—and the government has failed to adequately address them.

    • Sarah Harrison on Snowden’s escape, Oliver Stone’s film, Assange, Courage and whistleblowers

      Sarah Harrison, Courage’s acting director and longtime WikiLeaks journalist, has sat down for several interviews to discuss various news items happening this week: the premiere of Oliver Stone’s film ‘Snowden,’ Harrison’s return to the UK after years of effective exile, and WikiLeaks’ US releases.

      After she assisted Edward Snowden escape from Hong Kong to Moscow, and stayed with him in Sheremetyevo Airport in Russia with hopes of reaching Latin America, Harrison was advised to stay out of the UK, where British terrorism laws threaten to criminalize journalistic work. She’s lived in Berlin for the last three years, but since David Miranda’s recent legal success challenging his 2013 detention in Heathrow, Harrison’s lawyers suggested she could attempt to return home.

    • FBI can’t pretend to be the AP without special approval. They can pretend to be Apple.

      As a number of outlets have reported, the DOJ IG just released a report on FBI’s impersonation of a journalist in 2007 to catch a high school student making bomb threats. As I will explain in more detail in a follow-up post, it somewhat exonerated the Agents who engaged in that effort. It also gives reserved approval of an interim policy FBI adopted this June (that is, well after the press complained, and just as the IG was finishing this report) that would prevent the FBI from pulling a similar stunt without higher level approval.

      But some of the details in the report — as well as one of its recommendations — suggests that the FBI would still be able to pretend to be a software company including a software update. Here’s the recommendation.

    • How Washington Blew Its Best Chance to Fix Immigration

      In June, not long after Donald Trump attacked an Indiana-born judge because he was “Mexican,” I went to go see Representative Raúl Labrador in the Longworth Office Building on Capitol Hill. Labrador, an Idaho Republican, cuts an unusual profile in Washington. Born in Puerto Rico, he was raised Mormon by a single mother in Las Vegas and now, as he told me, represents “one of the most conservative districts in the United States, one of the whitest districts in the United States.” Labrador came to Congress as part of the Tea Party wave of 2010 and later helped found the Freedom Caucus, the House’s conservative vanguard. He was also a pivotal member of a bipartisan group of eight House members who, in early 2013, came together in hopes of producing comprehensive legislation to fix the nation’s immigration system.

      Today, nearly every word of that last sentence feels as if it were ripped from a political fiction of “West Wing”-level implausibility. Immigration is the conflict that has eaten the 2016 elections — relegating other pressing issues to the margins, embodying Washington’s political dysfunction, further polarizing a divided country and, above all, fueling the presidential campaign of a man who began his candidacy by vowing to build a wall to keep Mexico from sending “rapists” to America. In recent weeks, even Trump’s own campaign seems to have grown alarmed by the political toxicity of what it has unleashed, embarking on a series of incoherent revisions before settling back on hard talk about creating a “special deportation task force.”

    • Jay Z: ‘The War on Drugs Is an Epic Fail’

      Why are white men poised to get rich doing the same thing African-Americans have been going to prison for?

  • Internet Policy/Net Neutrality

    • This Bill Could Stop Protectionist State Broadband Laws, But ISP Control Over Congress Means It Won’t Pass

      We’ve noted for years that one way incumbent broadband providers protect their duopoly kingdoms is by quite literally buying state laws that protect the status quo. These laws, passed in roughly twenty different states, prevent towns and cities from building their own broadband networks or in some instances from partnering with a private company like Google Fiber. Usually misleadingly presented by incumbent lobbyists and lawmakers as grounded in altruistic concern for taxpayer welfare, the laws are little more than pure protectionism designed to maintain the current level of broadband dysfunction — for financial gain.

      Earlier this year, the FCC tried to use its Congressional mandate under the Communications Act to eliminate the restrictive portions of these laws in two states. But the FCC’s effort was shot down as an overreach by the courts earlier this month, and the FCC has stated it has no intention of continuing the fight. That leaves the hope of ending these protectionist laws either in the hands of voters (most of whom don’t have the slightest idea what’s happening) or Congress (most of whom don’t want the telecom campaign contributions to stop flowing).

  • DRM

    • Apple Surveys Its Users About Headphone Port

      In the wake of Apple’s controversial announcement that it’s newest strain of iPhones will not be including a headphone jack, it’s been reported that the company is now sending out survey emails to Macbook Pro users that reference a potential removal of the headphone port in future models.

  • Intellectual Monopolies

    • Trademarks

      • Boise State Somehow Got A Trademark On Non-Green Athletic Fields

        It’s football season again, which means some significant portion of America is routinely spending some significant chunk of its weekends watching some significant portion of male college students give some significant portion of each other irreparable brain damage. It’s an American thing, I suppose. Also, an American thing is the acquisition of overly broad trademarks that border on the laughable. Intersecting these two bastions of American pride is Boise State, with a recent NY Times article discussing how the school managed to trademark athletic fields that include grass that is blue, with attorneys working with the school suggesting that any non-green colored field might result in trademark action.

    • Copyrights

      • Free Wi-Fi in cities? ‘We panicked for five minutes. Then we realised it’s not serious’

        Telecoms companies were as surprised as anyone when Jean-Claude Juncker announced Wednesday (14 September) that the European Commission wants every city and village in the EU to offer some free public Wi-Fi by 2020.

        “We panicked for five minutes. Then we realised it’s not serious,” one industry source said.

        Juncker mentioned the plan during his annual “State of the Union” speech early yesterday.

        But the proposal that was published a few hours later doesn’t actually guarantee free wireless internet access.

09.15.16

Battistelli is Lying About Patent Quality While It Continues to Nosedive at the EPO as Part of His Neo-liberal ‘Production’ Strategy

Posted in Deception, Europe, Patents at 6:57 pm by Dr. Roy Schestowitz

Patent quality? That’s the old EPO. Now it’s all about quantity!

The Leader of the Luddites
The Leader of the Luddites, engraving of 1812

Summary: Battistelli, who tries to automate and streamline everything so as to maximise patent grants rather than examine applications properly, is making incredible claims that will almost certainly backfire on him

AMID EPO crisis, which undoubtedly continues to deepen, more and more people start to compare it to the USPTO, where patent quality has been rather notorious for quite some time (they almost just rubberstamp applications, with a 92% acceptance rate).

For weeks now (if not a whole month and a half!) the EPO has been 'spamming' universities in Europe on a daily basis, in order to help Battistelli's lobbying campaign (today was no exception [1, 2]). Both time and money may be running out. Talented workers are already leaving, causing brain drain that’s unprecedented in the EPO’s history. What will perhaps be left is just the job skill of using a rubber stamp, causing a copious lump of patents to come through with no quality assessment/control. That’s a nightmare scenario for the EPO’s reputation, on which has been based for decades. For the third time in one week the EPO does the unthinkable by inviting software patents. “At the EPO,” it wrote today, computer-implemented inventions must fulfil special patentability criteria. Learn more here!”

This is the third time in just a few days that the EPO tacitly promotes software patents in Europe. Remember that these are not legal in Europe (political decisions were made on patent scope more than a decade ago), but then again, under Battistelli the EPO is above the law anyway. Or so it claims. It just ignores court decisions against it, flaunting immunity. Is there any credibility left to lose? Is the EPO’s Twitter account signaling that the EPO will likely rubberstamp just about anything, including software patents (provided they’re written in some misleading fashion, as per the EPO’s advice)? This could become a threat to the very existence of the EPO. People won’t pay to receive (or renew) patents. The demand may go down. Prices (fees) likewise. What might be the impact on salaries?

“You should see the new issue of the Gazette,” one person told us, “a piece of Pravda-type propaganda…. interview with Battistelli, Lisbon with Battistelli… what is also interesting is that they have employed two more “investigators”…” (a subject we shall expand on another day).

So the EPO is apparently the embodiment of just one person, Battistelli, examiners that are treated like machine operators in an assembly line, and daily propaganda to keep those operators chugging along. No wonder a lot of smart people have decided to leave or retire early. They see the writings on the wall. Battistelli is just a liquidator, not a leader.

A new article by Andrew Chung, who wrote a highly misleading headline (unless his editor types the headlines, as is quite common) that we noted last night using a screenshot, is repeating Battistelli’s latest propaganda in a new puff piece (published 24 hours ago). It’s again misleading and we can’t help but wonder what Chung has been drinking (maybe more of that aforementioned Kool-Aid). Basically, Battistelli is riding the coattails of older patents. He ruins EP (European Patent) quality while hiding it using the accomplishment of his predecessors. This guy is so clueless about patents (his workers know far more than he will ever know), but Chung acts like some kind of Battistelli stenographer (reposted in other news sites) and the editor went with the headline “Europe issues better patents than U.S. – Europe patent boss” (as if the US is a good yardstick these days).

As realised by EPO insiders, Battistelli is demolishing the EPO as they once know it and he now lies to everyone, much to the pleasure of those who lie for him (here he is propped up by CIPA and other interest groups or publishers that are in bed with the EPO [1, 2, 3, 4]).

The article itself will probably help Battistelli’s lobbying (he likes to cite his paid “media partners” for support of his claims) and here is what it says:

Amid growing concerns by some U.S. lawmakers that federal officials may be granting patents that fuel abusive litigation, the head of the European Patent Office says his agency is producing better-quality patents than its American counterpart.

EPO President Benoît Battistelli said his office scrutinizes patent applications more closely than the U.S. Patent and Trademark Office, which he said results in patents that are more legally sound going out the door.

[...]

Battistelli, a French national who has led the EPO since 2010, said his agency has developed databases and search engines that allow it to perform the most comprehensive research on prior inventions that could lead to a rejection of a patent.

Unlike in the United States, he added, all patent applications are scrutinized by three officials, known as patent examiners, rather than just one.

This leads to a lower rate of granted patents, he said, but they are legally solid.

On the other hand, it costs roughly twice as much to obtain a patent in Europe, around 5,000 euros ($5,625), than in the United States.

Fact-checking Battistelli’s claims? Not needed. Just write down what a chronic liar says and call yourself a “Reuters journalist”.

This article was sent to us by several EPO insiders although we actually noticed it an hour after it had been published (we have an alerting system for all things EPO). Here is what a patent attorney wrote in response to a related discussion today:

On how to trade off quality and productivity, the USPTO and the EPO cannot meaningfully be compared. That’s because the EPO is master of its own house and the USPTO is not. Who makes the law of patent validity in Europe? The EPO’s Enlarged Board of Appeal. Who in the USA? The Supreme Court of the USA and it makes law that i) frustrates any USPTO drive towards productivity and quality and ii) encourages Applicants and their lawyers to obfuscate and work diligently away from clarity in the claims.

So of course Mr Spigarelli sees it all as very simple. Pure self-interest drives Applicants at the EPO to draft clearly. EPO separation of search and examination, and strict enforcement of EPC Rules by DG1, makes it imperative that i) from the outset, Applicant presents an exhaustive set of dependent claims and ii) DG1 searches them all, at the outset, exhaustively. That way lies both quality and productivity. Simples. But not yet at the USPTO.

Now that the USA is on a First to File system however, Applicant self-interest in that country will kick in, gradually to improve drafting in the USA and, in its wake, will come better quality and productivity. How so? Because the US will now find it has to ratchet up its “written description” requirement to somewhere near the EPO’s exacting Gold Standard for disclosure, in order fairly to judge issues of novelty, priority and added matter.

In response to this, one person wrote:

Improving patent quality flows both ways, with the quality of the drafted claims submitted for examination being an equally important aspect in the equation. The article mentioned situations where the examiners don’t understand the invention – that’s a clear indictment of the patent attorney who drafted the claims, isn’t it? A strategy of drafting overly broad claims and seeing what sticks is not helpful for anyone (other than the attorney charging fees to his client).

The examiners in the USPTO need more time, better IT support and investment to help improve the quality of their work. They are working hard in less than perfect circumstances and we should all support them. Sharing lessons learned with the EPO is a good start, but attorneys need to do their part too, IMHO.

Also in response to the above:

“The U.S. speakers mostly assumed a trade-off between the two goals of productivity and quality…snip…Alfred Spigarelli, European Patent Office (EPO), disagreed with the trade-off premise, and stated that at the EPO, a focus on quality results in productivity. He argued the ultimate goal is always quality, from which productivity flows.”

At the EPO, “Early Certainty” equals quality with timeliness. And timeliness increases productivity, since examiners are given targets on that. The trade-off is merely hidden and fully loaded onto the individual examiners’ shoulders.

“Professors Melissa Wasserman and Michael D. Frakes discussed their study which indicates that promoted USPTO examiners may generally grant more patents because of less examination time as they are promoted.”

At the the EPO, promoted and non-promoted examiners have the same examination time, but promoted examiners likely grant more.

Same here, same there, same everywhere …

Looking at another thread, this one new comment on “Early Certainty” reveals how insiders feel about the patent quality and overcapacity:

- Overrecruitment is discussed in internal FAQ’s on Early Certainty, but not in the external one, of course.

- Production demands for newcomers have always been inflating, as they doe for all other examiners on a yearly basis.

- Contracts for examiners: the numbers are in the Social Report published by the EPO.

We shall expand on that another day, possibly this weekend, due to lack of time. The above comments (the first three) were posted in response to coverage from an event that was mentioned here a few days ago. David Kappos, as we expected, used it to lobby for software patents again (he’d paid for that lobbying). Being like a corrupt official-turned-lobbyist, here is what he did: “Finally, David Kappos, former head of USPTO and current partner at Cravath, Swain and Moore, reviewed how the USPTO has historically worked on patent quality. He pointed out that the USPTO has been applying the changing standards and rules set by the courts. He stated that the U.S. Supreme Court’s Alice test is not a helpful flexible rule, but arbitrary and vague. He believes that the courts and USPTO are placed in a position of having to apply an impossible standard and should not be blamed for their application of said standard.”

This utter nonsense from Kappos, calling for decline in patent quality (like it was under his reign), comes at an interesting/strategic time when software patents are pretty much dead. There are few exceptions to that, as we mentioned here before, but in the vast majority of cases software patents drop like flies, even in bulk. Last night we mentioned articles like this one (cherry-picking of cases by the patent microcosm) and here we have a Microsoft advocacy site, citing Microsoft’s lobbying site, showing that Microsoft props up illusions of software patents resurgence, pretending they’re fine (they’re not). Remember that Microsoft is among the companies that pay Kappos to lobby along those lines. Here is what Microsoft has to say: “The U.S. Court of Appeals for the Federal Circuit yesterday issued an important decision strengthening the law related to software patent eligibility under Section 101 of the Patent Act. This ruling gives us useful guidance for determining which software innovations qualify for protection and helping provide greater stability to the U.S. patent system, a foundation for our digital economy. Erich Andersen, vice president and deputy general counsel of Microsoft’s IP (Intellectual Property) Group wrote a blog post expressing his views on this ruling.”

Well, as expected right from the start, patent law firms yank out their misleading jubilations because of McRO (one single patent!) [1, 2] and Gene Quinn generalises at Watchtroll, having ignored pretty much all the recent decisions which invalidated software patents (the cherry-picking or selective coverage tactic).

“What we see in the US is a dodgy system wherein the patent office is inclined to just grant everything, courts reject a lot of patents, and if Battistelli gets his way the EPO will be the same, inviting a lot of patent trolls, software patents that hamper innovation, and a lot more money for the patent microcosm.”In other news regarding patent scope in the US, “patented software” became the subject of an antitrust lawsuit, a drug patent of Teva got invalidated by PTAB [1, 2, 3], and USPTO examiners awarded another software patent (which courts would likely invalidate if ever scrutinised properly).

What we see in the US is a dodgy system wherein the patent office is inclined to just grant everything, courts reject a lot of patents, and if Battistelli gets his way the EPO will be the same, inviting a lot of patent trolls, software patents that hamper innovation, and a lot more money for the patent microcosm. So, are EPO patents better than US patents? Well, the old ones probably are, but Battistelli is going to change that. As a Conservative Neo-liberal he’s likely to just abuse science, just like his 'master' Sarkozy, who is now publicly denying climate science. █

Battistelli and His Circle — Not Just Team UPC — Still Delusional About the Prospects of a Unified Patent Court (UPC)

Posted in Deception, Europe, Patents at 5:52 pm by Dr. Roy Schestowitz

Long nose

Summary: The crazy theory or baseless belief that somehow, somewhere, by some truly miraculous means, UPC will suddenly become a reality, damaging the whole of Europe for the sake of patent law firms

IT IS TRULY SAD to see that Team UPC and the EPO‘s President are still living in a delusional world, surrounding themselves only with equally delusional people (echo chamber/choir). They want us too to live in a fantasy, and maybe even believe that the UPC still has a chance. We refuted/debunked this fairy tale many times in July (after Brexit) and to quote a comment we’ve received this week, “Germany will not ratify the UPC treaty. Thus the project is dead.” It seems rather obvious, but when one has an agenda, reality has a distortion field. Unlike Team UPC, yours truly has no financial stake when it comes to the UPC. It’s just that the UPC is unjust, it is undemocratic, and it would render many patent examiners (i.e. scientists) redundant. The UPC is very harmful to Europe, even though it will never happen anyway. It’s just a lot of effort and resources down the drain.

Madman in chief Battistelli is still lobbying for the UPC. He never gets tired of this, having done so since before he was even a President at the EPO. “European Patent Chief Wants Post-Brexit UK In Unified Court” is the headline of a new article from Law 360 and some people are distorting this headline to suit their agenda (“EPO wants UK to ratify Unified Patent Court agreement despite Brexit” is not what the original said), equating the “EPO” with Battistelli as if it’s a one-person organisation (Battistelli has 0% approval rating at the EPO, so clearly his own workers strongly disagree with him). To quote Law 360: “The European Patent Office is urging the U.K. to ratify an agreement to create a Unified Patent Court system for the European Union, even though voters in the country passed a referendum to leave the bloc, EPO President Benoît Battistelli said Tuesday.”

Team UPC is desperately trying to float this dead project (Germany won’t ratify it) and Italian elements of this team speak up amid new reports like this one (“Changing places: why Milan should host a UPC central division court”). We have heard it before (about Milan as a theoretical substitute for London), but it’s not so suitable a substitute and it requires a massive overhaul of the UPC and what it stands for (not even renaming Milan “London” would shift all the skilled people to Milan). Found via Twitter was this firm of “Intellectual Property Consultants” (their own description) trying to convince us that the UPC is somehow coming because, in their own words:

Italian Parliament’s lower house passes ratification of Unified Patent Court Agreement

The lower house of the Italian Parliament has approved a bill on ratification of the Unified Patent Court Agreement, a passage through the upper house is necessary for final approval.

Yesterday the Italian Parliament’s lower house, the Chamber of Deputies, approved the draft law on ratification of the Unified Patent Court Agreement (UPC Agreement), with 302 votes in favour, 108 against and 25 abstentions.

The Unified Patent Court is the supranational tribunal that will eventually have exclusive jurisdiction on both European and unitary patents.

[...]

The Committee for EU Policy asked the government to consider the opportunity, within the United Kingdom’s Brexit process, of requesting that Italy forward its candidacy for the seat of the Unified Patent Court’s central division originally assigned London.

The bill must pass through the Italian Senate before final approval.

Several other Italian patents-centric firms want the UPC and spoke about it today. Why? Because it would pass Europe’s wealth into their pockets while retarding science, technology, medicine, etc. The Unified Patent Court is not about Europe but about some European lawyers. Not even all of them…

For reasons we laid out before, the UPC is almost certainly dead and unlike some others who deny it here’s one firm which at least acknowledges the role of Brexit in burying the UPC, probably in the whole of Europe if not just in the UK. “Netherlands ratifies #UPC agreement with press release noting uncertainty over Brexit,” says this tweet, linking to a Dutch article. Watch what Bristows (probably the most vocal among Team UPC) wrote about it a short while ago. Certainly, especially in the UK, the UPC is a dead (Trojan) horse and Bristows speaks of a “Great programme from BBC radio4 on Brexit’s impact on the #law including the #upc”

All this UPC lobbying is intended for Team UPC “to get what they want – the UPC in operation asap,” said a new comment today. This rightly speaks of “delusions of grandeur”:

I fear that delusions of grandeur abound. Much of the analysis (but not all) is based on how to get what they want – the UPC in operation asap. That seems to require the UK to sign up quickly, while the UK government is dealing with a Brexit scenario! There seems to be a lot of yes, yes but we are more important so the UK will act against its citizens’ mandate as that’s in our best interest. They may be surprised to hear that the UK government, irrespective of its personal opinion, is facing a new reality and may have reasons not to help them on this matter.
It astounds me that there is such a lack of appreciation for the changed framework. All those pushing for change and acceptance of change appear to be the least able to accept change when it involves them.

No matter what self-serving patent law firms are saying, the UPC (or the unitary patent) is basically dead in the water. They try to mislead the public and confuse politicians. They tried this on David Davis here in the UK (Bristows). It’s rude if not just pathetic. “UPC will not replace EPO patent opposition procedure,” one person wrote, “further view from pharma industry” in the Managing IP UPC advocacy events in France and Germany last week [1, 2, 3, 4]. These lobbying events with the EPO inside were filled to the rim with Team UPC. To quote one person: “Thanks @ManagingIP for an excellent #patent forum http://bit.ly/2bUxYpI including key updates from @EPOorg on #UPC + industry perspective” (lawyers are not an industry but a meta-industry).

These patent law firms are trying to perturb patent law to increase their profits (more damages, more lawsuits) and one such firm published Unitary Patent, Unified Patent Court, and “Brexit”, having noted (from the lobbying events) that “British EP patent attorneys probably in better position to represent at #upc than English solicitors!”

We expect the conspirators behind the UPC to rename and restructure it, maybe start from scratch or try to patch the whole thing in vain. They won’t know the impact/outcome of Brexit for years to come, so this is tremedously premature and they don’t even know whether to include the UK or not. It’s almost a non-starter.

Remember. Mark our words. The UPC will never happen, not under this name and not in this current form. It’s just reality distortion. █

Links 15/9/2016: CUPS 2.2, Copyright Undermines European Internet Users

Posted in News Roundup at 1:42 pm by Dr. Roy Schestowitz

GNOME bluefish

Contents

GNU/Linux

Free Software/Open Source

  • Open Source Opens Doors for Comms Startups

    Open source can break down barriers to startups and innovation in the comms industry, which can often be resistant to new ideas.

    “Our industry as a whole has a high barrier to entry for startups, and new small companies,” Tom Anschutz, distinguished member of the AT&T Inc. (NYSE: T) technical staff, said, speaking on a panel about the future of the data center. “With open source, SDN and NFV, one of the roles and responsibilities of innovating and bringing new things to the industry has opened up.”

    However, while open source provides great value, somebody’s got to provide packaged support, Trey Hall, vice president of marketing and technology for Walker and Associates, said. Barriers to entry are low, but support is still challenging.

  • What Open-Source Software Could Mean For Agriculture

    A lot of computer software is proprietary – you have to buy it, and modifying the code is strictly off-limits. But another type of software – called “open-source software” – performs as its name implies. Anyone is free to inspect, modify or enhance it.

    Over the years, this method of coding has led to some useful innovations, primarily for a variety of everyday computing tasks that pretty much anyone using the Internet today unknowingly takes advantage of. Now, open-source software is bleeding into the agriculture industry.

  • TaxBrain: Open source economic forecasting

    As economic policy becomes more complex, it grows less transparent.

    To bring some insight into the data and forecasts, the American Enterprise Institute’s Open Source Policy Center (OSPC) has developed a new approach to policy analysis.

    The TaxBrain web application lets users simulate and study the effect of tax policy reforms using open source economic models. Developed and launched in April by OSPC, TaxBrain aims “to make economic policy analysis more transparent, accessible and scientific,” AEI officials said.

  • Top 10 Google Open Source Projects You Must Know

    Google is a titan in the technology industry. Google has contributed to nearly every front of technology, and, since the Alphabet restructuring, has become the single most valuable company in the world. Google has also made some notable contributions to the open source community in the form of Android, Chromium OS, Go, Material Design Icons etc.

  • CloudBees Announces First Enterprise Distribution of Jenkins, Combining Open Source Innovation with Enterprise-Class Reliability and Stability
  • From MIT to MapR, Big Data Training is Becoming Easily Accessible
  • 3 open source alternatives to PowerPoint

    PowerPoint is one of those programs whose use has become so ingrained in the corporate world that it is probably running the risk of becoming completely genericized, in the same way that some people use Kleenex to refer to all tissues, or BAND-AIDs to refer to all bandages.

    But presenting a slideshow doesn’t have to mean using PowerPoint. There are a number of totally capable open source alternatives to PowerPoint for giving visual presentations. In many cases, the features of these “alternatives” are so compelling that, unless you’re absolutely forced to use PowerPoint, I don’t know why you still would.

  • Global group communication and culture tips

  • SaaS/Back End

    • Mirantis Acquires TCP Cloud to Advance Kubernetes Ambitions

      Based in Prague, TCP Cloud provides managed services around deployments of OpenStack, OpenContrail and Kubernetes technologies. Mirantis CEO Alex Freedland says the addition of technology developed by TCP Cloud will reduce the amount of time it would have taken Mirantis to move OpenStack to Kubernetes by six to nine months. As a result, he says, Mirantis expects to show the first fruits of a joint development effort involving CoreOS, Google and Intel in the first quarter of 2017.

    • Marrying Ephemeral Docker Containers to Persistent Data

      Docker containers are ephemeral by design. They come and they go like a herd of hyperactive squirrels, which is great for high availability, but not so great for preserving your data. Kendrick Coleman of EMC {code} demonstrated how to have both ephemeral containers and persistent data in his talk called “Highly Available & Distributed Containers” at ContainerCon North America.

      As container technologies become more complex, using them becomes easier. Coleman gave a wonderful presentation using a Minecraft game to demonstrate persistent data storage with ephemeral containers, and did it all live. This setup requires two technologies that were not available as recently as a year ago: Docker SwarmKit and REX-Ray.

    • Docker + Golang = Heart

      This is a short collection of tips and tricks showing how Docker can be useful when working with Go code. For instance, I’ll show you how to compile Go code with different versions of the Go toolchain, how to cross-compile to a different platform (and test the result!), or how to produce really small container images.

      The following article assumes that you have Docker installed on your system. It doesn’t have to be a recent version (we’re not going to use any fancy feature here).

    • Docker Partner Program Unlocks DevOps, ALM Opportunities

      When Docker unveiled a formalized channel program today, partners gained a new springboard that could launch them deeper into DevOps, application lifecycle management and various managed services.

      The partner program launch was nearly three years in the making. To understand the journey, rewind to January 2014. That’s when the software container company hired former Red Hat Channel Chief Roger Egan as senior VP of sales.

      At the time, Egan told me Docker’s influence across the IT market could eventually eclipse Linux’s impact. Sure, Linux freed the world from expensive Unix servers and enabled data center consolidation projects. But containers, he reasoned, could speed application deployments across all types of on-premises and cloud systems.

    • Front Ends and Extensions Take Hadoop in New Directions

      Across the history of data analytics, marquee-level applications have always given rise to useful front ends and connectors that extend what the original applications were capable of. For example, the dominance of the spreadsheet gave rise to macros, plugins, and extensions. Likewise, the rise of SQL database applications ushered in database front ends, plugins, and connectors. Now, Big Data titan Hadoop is inspiring its own ecosystem of powerful extensions and front ends.

      To explain what a difference these extenders and connectors can make, here are some examples of how Hadoop can be taken in new directions with these tools.

  • Oracle/Java/LibreOffice

    • It’s time to make LibreOffice and OpenOffice one again

      Let’s talk about OpenOffice. More than likely you’ve already read, countless times, that Apache OpenOffice is near the end. The last stable iteration was 4.1.2 (released October, 2015) and a recent major security flaw took a month to patch. A lack of coders has brought development to a creeping crawl. And then, the worst possible news hit the ether; the project suggested users switch to MS Office (or LibreOffice).

      For whom the bells tolls? The bell tolls for thee, OpenOffice.

      I’m going to say something that might ruffle a few feathers. Are you ready for it?

      The end of OpenOffice will be a good thing for open source and for users.

    • Oracle happy to let Apache Foundation adopt NetBeans

      The IDE allows development in Java and in other languages and runs operating systems that can fire up a JVM. As the Foundation explains in its proposal, “NetBeans has approximately 1.5 million active users around the world, in extremely diverse structures and organizations.” Students, teachers, “large organizations who base their software on the application framework beneath NetBeans” and many others use the tool.

      But the Foundation points out that “NetBeans has been run by Oracle, with the majority of code contributions coming from Oracle.”

      Moving the project to the Foundation is therefore seen as a way “to expand the diversity of contributors and to increase the level of meritocracy in NetBeans.”

      The Foundation seems to be betting that things can’t get worse with the potential for more contributors that would come with its stewardship. The proposal therefore says that “… though Oracle will relinquish its control over NetBeans, individual contributors from Oracle are expected to continue contributing to NetBeans after it has been contributed to Apache, together with individual contributors from other organizations, as well as self-employed individual contributors.”

  • Healthcare

    • Yes, We’ve Migrated!

      Since March, 30 2000 Linux Medical News has been on the Zope-based Squishdot blog before there was blogs software. After 16 years and 1963 articles (has it been that long?) we’ve finally moved to WordPress. As always, for 16 years, your announcements your news your opinions are welcome at http://linuxmednews.com

  • Pseudo-Open Source (Openwashing)

  • FSF/FSFE/GNU/SFLC

    • GNU Guile 2.1.4 released (beta)

      We are delighted to announce GNU Guile release 2.1.4, the next pre-release in what will become the 2.2 stable series.

      This release fixes many small bugs, adds an atomic reference facility, and improves the effectiveness of integer unboxing in the compiler. See the release announcement for full details and a download link.

  • Public Services/Government

    • MEP: publicly funded software should be public

      Software developed with public funds should be made available as free and open source software, says Member of the European Parliament Julia Reda. Sharing source code should become a standard in IT procurement across the EU, the MEP says.

  • Licensing/Legal

    • Copyleft and data: databases as poor subject

      Open licensing works when you strike a healthy balance between obligations and reuse. Data, and how it is used, is different from software in ways that change that balance, making reasonable compromises in software (like attribution) suddenly become insanely difficult barriers.

    • What the rise of permissive open source licenses means

      This FUD about open source software is mainly about open source licensing. There are many different licenses, some more restrictive (some people use the term “protective”) than others. Restrictive licenses such as the GNU General Public License (GPL) use the concept of copyleft, which grants people the right to freely distribute copies and modified versions of a piece of software as long as the same rights are preserved in derivative works. The GPL (v3) is used by open source projects such as bash and GIMP. There’s also the Affero GPL, which provides copyleft to software that is offered over a network (for example as a web service.)

      What this means is that if you take code that is licensed in this way and you modify it by adding some of your own proprietary code, then in some circumstances the whole new body of code, including your code, becomes subject to the restrictive open source license. It was this type of license that Ballmer was probably referring to when he made his statement.

  • Openness/Sharing/Collaboration

    • Open Data

      • Dutch public agencies fail to register open data on national portal

        Less than one in ten Dutch public agencies has registered any open data on the national open data portal. For municipalities, this falls to only one in twenty. These are the main results of an assessment performed by the Open State Foundation.

        According to the foundation, from 1,069 government organisations only 89 have datasets that can be found via the central government’s open data portal: Although all ministries and provinces have registered one or more datasets, datasets from only 21 of a total of 395 municipalities, seven of 246 regional cooperation bodies, 12 of 155 Self-Governing Bodies and four of the 23 water boards can be found. High Councils of State and Public Bodies have not registered any open datasets yet.

  • Standards/Consortia

    • Meet Hyperledger: An “Umbrella” for Open Source Blockchain & Smart Contract Technologies

      It’s hard to believe I’ve been working at The Linux Foundation on Hyperledger for four months already. I’ve been blown away by the amount of interest and support the project has received since the beginning of the year. As things really start to take off, I think it’s important to take a step back to reflect and recapitulate why and what we’re doing with Hyperledger. Simply put, we see Hyperledger as an “umbrella” for software developer communities building open source blockchain and related technologies. In this blog post, I’m going to try to define what we mean by “umbrella,” that is, the rationale behind it and how we expect that model to work towards building a neutral, foundational community.

    • Hitchhiker’s Guide to IoT Standards and Protocols

      The framework of course depends on if your deployment is going to be internal, such as in a factory, or external, such as a consumer product. In this conversation, we’ll focus on products that are launching externally to a wider audience of customers, and for that, we have a lot to consider.

    • Standards Move at Snail’s Pace for the NFV Community

      There’s a general consensus among people working on telco virtualization that open source groups are replacing traditional standards groups.

      “In open source, code is the coin of the realm; express yourself with something that is useful,” said Tom Anschutz, distinguished member of AT&T’s technical staff, speaking yesterday at Light Reading’s 2016 NFV & Carrier SDN event.

Leftovers

  • Gmail hit by global outage

    A global Gmail outage that began at 1.16am AEST this morning has affected millions of users across the world.

    Nine hours later, at 10.45am AEST, the company was still claiming that the service had been restored for “some users” as it did four times earlier after the initial announcement of the breakdown of the service.

    The first message at 1.16am said there were indications that the issue only affected Google for Work Gmail users.

    Subsequent messages did not clarify whether this was correct or not.

    About 40 minutes later, Google said it had identified the root cause of the issue and was implementing a “potential fix”.

  • Science

    • A ‘Memory Hacker’ Explains How to Plant False Memories in People’s Minds

      We tend to think of memories as perfect little time capsules—important records of past events that matter to us and made us who we are, as unchangeable as a dragonfly stuck in amber. Well, they’re anything but. I recently met with Julia Shaw, a criminal psychologist who specializes in the science of memory. “I am a memory hacker,” Shaw told me. “I use the science of memory to make you think you did things that never happened.”

  • Health/Nutrition

    • Alcohol Industry Bankrolls Fight Against Legal Pot in Battle of the Buzz

      The fight against legalized pot is being heavily bankrolled by alcohol and pharmaceutical companies, terrified that they might lose market share.

      On the heels of a filing last week that revealed that a synthetic cannabis company is financing the opposition to legal marijuana in Arizona comes a new disclosure this week that a beer industry group made one of the largest donations to an organization set up to defeat legalization in Massachusetts.

      The Beer Distributors PAC, an affiliate that represents 16 beer-distribution companies in Massachusetts, gave $25,000 to the Campaign for a Safe and Healthy Massachusetts, tying it for third place among the largest contributors to the anti-pot organization.

    • UN High-Level Panel On Access To Medicines Issues “Landmark” Report

      The long-awaited report by the United Nations High Level Panel on Access to Medicines was released today, making many recommendations. The panel calls for countries to embrace the policy space available in the World Trade Organization intellectual property rules, and invest more in health. It also calls for negotiation of a binding international treaty on research and development, delinking prices from R&D costs, greater transparency in drug pricing, public health impact assessments in free trade agreements, and encouragement to better use international legal tools available to countries to ensure affordable medical products. And it lays out the path ahead, calling for several new bodies to be created to take recommendations forward.

    • Pharma Company Funding Anti-Pot Fight Worried About Losing Business, Filings Show

      Pharmaceutical executives who recently made a major donation to an anti-marijuana legalization campaign claimed they were doing so out of concern for the safety of children — but their investor filings reveal that pot poses a direct threat to their plans to cash in on a synthetic cannabis product they have developed.

      On August 31, Insys Therapeutics Inc. donated $500,000 to Arizonans for Responsible Drug Policy, becoming the single largest donor to the group leading the charge to defeat a ballot measure in Arizona to legalize marijuana.

      The drug company, which currently markets a fast-acting version of the deadly painkiller fentanyl, assured local news reporters that they had the public interest in mind when making the hefty donation. A spokesperson told the Arizona Republic that Insys opposes the legalization measure, Prop. 205, “because it fails to protect the safety of Arizona’s citizens, and particularly its children.”

      A Washington Post story on Friday noted the potential self-interest involved in Insys’s donation.

      Investor filings examined by The Intercept confirm the obvious.

    • Slovakia food producers call on govt to reject TTIP to stop the EU “being flooded” with GMOs

      EXCERPT: TTIP has met resistance from the public, governments and parliaments of both Austria and France. The controversial deal will reduce consumer protection as well as the safety of foodstuffs.

    • MSF Report Calls On Governments To Repair, Remodel Biomedical R&D

      Governments are urged to do more to promote the development of desperately-needed new medicines, vaccines, and diagnostics at affordable prices and address the failures of research and development (R&D) in a new report by Médecins Sans Frontières.

  • Security

    • Security advisories for Wednesday
    • DevOps and the Art of Secure Application Deployment

      Secure application deployment principles must extend from the infrastructure layer all the way through the application and include how the application is actually deployed, according to Tim Mackey, Senior Technical Evangelist at Black Duck Software. In his upcoming talk, “Secure Application Development in the Age of Continuous Delivery” at LinuxCon + ContainerCon Europe, Mackey will discuss how DevOps principles are key to reducing the scope of compromise and examine why it’s important to focus efforts on what attackers’ view as vulnerable.

    • Sept 2016 Patch Tuesday: Microsoft released 14 security bulletins, rated 7 as critical

      Microsoft released 14 security bulletins for September, seven of which are rated critical due to remote code execution flaws. Microsoft in all its wisdom didn’t regard all RCEs as critical. There’s also an “important rated” patch for a publicly disclosed flaw which Microsoft claims isn’t a zero-day being exploited. But at least a 10-year-old hole is finally being plugged.

      Next month marks a significant change as Microsoft says it intends roll out “servicing changes” that include bundled patches. Unless things change, not all Windows users will be able to pick and choose specific security updates starting in October.

    • Microsoft Patches Zero Day Flaw Used In Two Massive Malvertising Campaigns [Ed: Microsoft, as usual, told the NSA about this months before patching]

      Microsoft was first notified about the so-called information disclosure bug in September 2015, security vendor Proofpoint said in an alert this week. But a patch for it became available only after Trend Micro and Proofpoint reported the bug again to Microsoft more recently when researching a massive malvertising campaign being operated by a group called AdGholas, the alert noted.

    • Finnish police: Keep your car keys in the fridge

      If there’s a car in your yard that has automatic, so-called ‘smart’ keys, you should consider keeping the keys in the fridge. That’s the message from Finnish police, who say that high-tech criminals could hack cars with such systems.

      “It sounds strange, but it makes sense,” said Jari Tiiainen of the National Bureau of Investigation.

      These so-called smart keys work by emitting a signal when the driver touches the door handle. The lock opens when it recognises the key’s signal. Criminals have technology that can strengthen that signal even from a hundred metres away—well inside the residential property where most owners keep their keys, according to Eero Heino of the If insurance company.

  • Defence/Aggression

    • Putin-Bashing Fuels Hard-line Russian Reaction

      Last week, Hillary Clinton told reporters on her campaign plane that the Russians are trying to disrupt the U.S. elections to discredit the process and sow discord among Americans. This goes one step further than her previous charges of Russian influence through the “Kremlin’s candidate,” Donald Trump, or still earlier, the claim that the Democratic National Committee’s server had been hacked by intelligence services reporting to Vladimir Putin. Of course, all these charges were made without proof.

    • Donald Trump’s Not Anti-War, He Just Wants the U.S. Military to Focus on Stealing Oil

      Donald Trump’s attempt to present himself as an anti-war candidate is based on his perfect 20/20 hindsight of the disastrous consequences of regime change in Iraq and Libya — military campaigns he publicly supported when they were popular, and only turned against after they went wrong.

      To better understand that Trump really is, as he insisted during the Republican primary campaign, “much more militaristic” than even George W. Bush, it helps to look at how often he has presented his bizarre plan to use the United States military as the muscle in a global protection racket, aimed at extorting oil from countries we destroy.

    • Philippine president calls for US special forces to leave Mindanao

      Philippine President Rodrigo Duterte, in a speech before newly sworn-in government officials on September 12, called for US special forces to leave the southern island of Mindanao. The next day, in an address to the Philippine Air Force, he said the Philippines would no longer stage joint patrols with the United States in the South China Sea.

      Duterte also declared he was looking to secure arms from China and Russia, saying he would send Defense Secretary Delfin Lorenzana to these countries to see what they had to offer.

      The statements mark a further souring of ties between Manila and Washington under the new president. The US State Department responded by saying it had received no formal notice from the Philippines regarding its special forces in Mindanao and thus would not pull the troops out.

    • Getting Fooled on Iraq, Libya, Now Russia

      A British parliamentary inquiry into the Libyan fiasco has reported what should have been apparent from the start in 2011 – and was to some of us – that the West’s military intervention to “protect” civilians in Benghazi was a cover for what became another disastrous “regime change” operation.

      The report from the U.K.’s Foreign Affairs Committee confirms that the U.S. and other Western governments exaggerated the human rights threat posed by Libyan leader Muammar Gaddafi and then quickly morphed the “humanitarian” mission into a military invasion that overthrew and killed Gaddafi, leaving behind political and social chaos.

    • Pressure Mounts to Punish Russia For Hacking Without Evidence And Before Investigations Are Concluded

      While it’s certainly possible Russia has been busy using hackers to meddle in (or at least stoke the idiot pyres burning beneath) the U.S. elections, we’ve noted how actual evidence of this is hard to come by. At the moment, most of this evidence consists of either comments by anonymous government officials, or murky proclamations from security firms that have everything to gain financially from stoking cybersecurity tensions. Of course, transparent evidence is hard to come by when talking about hackers capable of false flag operations while obfuscating their footprints completely.

  • Environment/Energy/Wildlife/Nature

    • BBC climate coverage is evolving, but too slowly

      For years, the BBC has been criticised for the false balance of its climate change coverage. And for years, the BBC has apparently been doing “ongoing work” to fix it. So far, however, this ‘reform’ has been more like a triumph of the middling. Yes, the BBC may broadcast less outright misinformation, but as a scientist and a citizen, I still feel let down by its continually careless handling of climate denial – most recently two weeks ago. This nod to mediocrity is a disservice to science, to public trust, and to the biggest news story in the world. And it is a huge, missed opportunity.

      As a young PhD graduate working on climate change solutions, I am confronted daily by a world where the warnings of science are undercut by Fox ‘News’ and its ilk. It is a very different world to the trustworthy BBC broadcasts of David Attenborough and the Royal Institution Christmas Lectures that I grew up with, which helped inspire me to become a scientist. But as a recent BBC News segment by Science Editor David Shukman sadly reminded me, those worlds can too easily collide.

    • Compassion Isn’t a Crime: Giving Thirsty Pigs Water Isn’t a Crime

      On the summer day of June 22, a Van Boekel Hog Farms slaughterhouse transportation truck headed to Fearman’s Pork Inc. was stationary, Anita Krajnc, the co-founder of Toronto Pig Save, and another activist stopped to give the pigs water and document their experience. The driver confronted the two women and told them to stop giving the pigs water. While Krajnc asked the driver to show compassion, he threatened her with physical assault and called the police.

      Now Krajnc is being charged with criminal mischief — interference with the use, enjoyment of and operation of property — under $5,000 for showing thirsty pigs compassion. Although there are reports that she’s willing to go to jail.

      Compassion is NOT criminal! Why do inmates on death row get a last meal, but innocent pigs are denied water? Why are praised for helping thirsty dogs and cats, but charged as criminals for helping pigs?

    • UK to ban fishing from a million square kilometres of ocean

      The UK is to ban commercial fishing from a million square kilometres of ocean around British overseas territories, the government said on Thursday.

      In total, the government is creating marine protected areas around four islands in the Pacific and Atlantic, including the designation this week of one of the world’s biggest around the Pitcairn Islands.

      A 840,000 sq km (320,000 sq mile) area around Pitcairn, where the mutineers of the Bounty settled, becomes a no-take zone for any fishing from this week. St Helena, around 445,000 sq km of the south Atlantic ocean and home to whale sharks and humpbacks, is now also designated as a protected area.

      The foreign office said it would designate two further marine protection zones, one each around two south Altantic islands – Ascension by 2019 and Tristan da Cunha by 2020.

      Sir Alan Duncan, minister of state for Europe and the Americas, said: “Protecting 4m sq km of ocean is a fantastic achievement, converting our historic legacy into modern environmental success.”

    • Standing Rock Sioux on the front lines of the climate emergency

      The fight by the Standing Rock Sioux to halt the Dakota Access Pipeline has emerged as one of the defining climate justice fights in the United States.

      It has also become a central focal point of the ongoing worldwide struggle by indigenous peoples to have their treaty and land rights respected by other governments and corporations. (The fact that corporations operate as de facto government is a galling example of the need for the Green Party).

      Representatives of more than 280 Native American tribes have now participated in the occupation, an unprecedented gathering of indigenous peoples after centuries of war, genocide, and land theft.

      Indigenous people are among the most vulnerable communities on the front lines of the climate crisis, and are leading the fight. Corporations have repeatedly used force to extract fossil fuels from their lands with approval from government attorneys and military forces. Major pipeline projects invariably cut across Native lands while bypassing white suburban communities.

      We must follow the lead of indigenous communities that have protected their land for countless generations, and work together in solidarity to ensure a thriving planet for future generations and all living beings.

      Ajamu Baraka, my Vice Presidential running mate, and I visited the Standing Rock Sioux Tribe’s occupation last week. We went to demonstrate Green Party solidarity with their struggle. The silence of Hillary Clinton and Donald Trump on this issue is deafening.

  • Finance

    • Juncker’s CETA support undermines pledges on climate and citizens’ rights

      European Commission President Jean-Claude Juncker today reaffirmed his commitment to CETA – the EU-Canada trade deal – calling it as “the best and most progressive agreement that we have ever entered into.”

      His comments came during the annual State of the European Union address, where he also spoke about his regret at the slow pace of the ratification of the Paris climate agreement (“Dragging our feet on ratification affects our credibility and makes us look ridiculous”) and promised to protect farmers (“The Commission will always stand by our farmers”) and citizens’ rights (“In Europe, consumers are protected against cartels and abuses by powerful companies”).

    • September 15, 2016 Publication

      TiSA is often considered the “little” brother of the two “big” trade agreements TPP or TTIP – but this view seems more and more inappropriate, as the global economy is shifting towards a service-oriented/based economy. According to the World Bank, world-wide trade in services in 2015 was around 13% of the global GDP; for the EU it is even twice that figure (around 24% of its total GDP). But it is not just these numbers alone that prove that the TiSA negotiations deserve a much higher attention in the public discussion as they currently have:

    • Former DWP disabilities minister set to be suspended from Parliament for leaking payday loan report to Wonga

      A former DWP minister with responsibility for disabled people is set to be suspended from the House of Commons for leaking a parliamentary report to a payday lender.

      Justin Tomlinson shared the findings of a draft report into regulating payday loans with an employee of Wonga.

    • Justin Tomlinson faces suspension for Wonga report leak

      A former DWP minister with responsibility for disabled people is set to be suspended from the House of Commons for leaking a parliamentary report to a payday lender.

      Justin Tomlinson shared the findings of a draft report into regulating payday loans with an employee of Wonga.

  • AstroTurf/Lobbying/Politics

    • A Busy Day for the Bears

      Finally, there was the “appearance” at a security conference by Guccifer 2.0, the guy who has released the DNC emails that gave the Democrats an excuse to force Debbie Wasserman Schultz’s to resign, though they had been looking for an excuse for some time.

      In point of fact, Guccifer 2.0 didn’t appear in person at the conference. Rather, he sent a speech which got read at the conference, with the transcript released to journalists. The speech focused on the negligence of software companies in security. Guccifer went on for several paragraphs about the power and sloppiness of tech companies, arguing they were to blame for hacks.

    • Trump’s Call for a Flood of Poll Watchers Could Disrupt Some Voting Places

      Donald Trump’s campaign website implores voters to “Help Me Stop Crooked Hillary From Rigging This Election!” by signing up as observers. He warned people at an Aug. 12 campaign event in Altoona, Pennsylvania, that Clinton could win the state only by cheating, and he asked supporters to “go down to certain areas and watch and study, and make sure other people don’t come in and vote five times.” Less than a week later, Trump’s running mate, Mike Pence, encouraged a crowd in Manchester, New Hampshire, to help ensure a fair election by serving as poll watchers because “you are the greatest vanguard for integrity in voting.”

    • Here’s Where the Candidates Stand on 3 Crucial Science Topics

      In August, the presidential campaigns of Democrat Hillary Clinton, Republican Donald Trump, the Green Party’s Jill Stein, and Libertarian Gary Johnson were sent 20 crucial science topics to consider. The questions for each topic were determined by leading American scientific institutions and what they felt were today’s most pressing issues in science and technology.

    • Guccifer 2.0 strikes again: DNC chair blames ‘Russian agents’

      The Democratic National Committee chairwoman said the DNC was the victim of a Russian cyberattack after the infamous hacker known as Guccifer 2.0 — who leaked internal Democratic documents ahead of the party’s convention this summer — released more apparent DNC documents Tuesday.

      The most recent leak includes information about the DNC’s finances, donors’ personal contact information and the DNC’s network infrastructure, according to CNN. The leak also includes vice presidential candidate Tim Kaine’s cell phone number and the contact information for several top White House officials, NBC News reported. No emails appear to have been included.

    • How a Harmless Frog Became a ‘Nazi Symbol’: Pepe’s an Issue in US Election

      Additionally, the first link Google provides when searching for Pepe the frog is a new page on the Clinton website explaining how the popular meme, dating to 2008, is now a symbol of white supremacy.

      Over on Wikipedia, editors have been engaged in an edit war, after the page was changed to say that the anthropomorphic frog is associated with Trump, white nationalism, and the alt-right.

    • Colin Powell calls Trump ‘national disgrace’ in hacked emails

      Former secretary of State and retired four-star general Colin Powell called Republican presidential candidate Donald Trump “a national disgrace” and “international pariah,” and said “Hillary’s mafia” was trying to drag him into Clinton’s email scandal in personal emails that were leaked by hackers, according to online news organizations BuzzFeed and The Daily Caller.

      Powell made the remarks about Trump in a June 17, 2016, email to Emily Miller, a journalist who once worked under Powell as a deputy press secretary at the State Department. In the email Powell said Trump, “is in the process of destroying himself, no need for the Dems to attack him,” according to BuzzFeed. “Paul Ryan is calibrating his position again,” Powell said of the speaker of the House who had only recently decided to endorse Trump at the time of the email.

      An aide to Powell confirmed the hack Wednesday, telling The New York Times “they are his emails.”

      Around 30,000 stolen Powell emails were given to DCLeaks.com by unnamed hackers, The Daily Caller reported. There is speculation among some computer experts and Democratic politicians that DCLeaks has ties to Russian intelligence services, according to The Wall Street Journal. There is concern that leaks from the site are intended to influence the outcome of the upcoming presidential election.

    • Five dramatic revelations from Powell’s leaked emails

      Candid emails from former Secretary of State Colin Powell are causing a stir across the country with their blunt assessment of a host of Washington’s stars.

      The emails, released by hackers behind a WikiLeaks-type website believed to have ties to Russian intelligence, show Powell criticizing Donald Trump, Bill and Hillary Clinton and Dick Cheney.

      The remarks, made by Powell in private to friends and colleagues, contrast with the statesmanlike image cultivated over a long military and political career.

      Powell served under President George W. Bush and endorsed Barack Obama in his two White House bids, and has generally avoided controversy in and out of office.

      The emails, first reported by BuzzFeed and The Intercept, were posted under password protection at DCLeaks. A spokesperson for Powell confirmed to media outlets that the emails were his.

      The website that leaked the emails reportedly has a relationship with Guccifer 2.0, who leaked damaging emails from Democratic groups earlier this summer, according to security experts.

      Here are five of their most eyebrow-raising revelations.

    • Research Proves Google Manipulates Millions to Favor Clinton

      In this exclusive report, distinguished research psychologist Robert Epstein explains the new study and reviews evidence that Google’s search suggestions are biased in favor of Hillary Clinton. He estimates that biased search suggestions might be able to shift as many as 3 million votes in the upcoming presidential election in the US.

      Biased search rankings can swing votes and alter opinions, and a new study shows that Google’s autocomplete can too.

      A scientific study I published last year showed that search rankings favoring one candidate can quickly convince undecided voters to vote for that candidate — as many as 80 percent of voters in some demographic groups. My latest research shows that a search engine could also shift votes and change opinions with another powerful tool: autocomplete.

    • Colin Powell, in Hacked Emails, Shows Scorn for Trump and Irritation at Clinton

      Former Secretary of State Colin L. Powell has long been one of the high priests of the Washington establishment, staying quiet in this year’s raucous presidential campaign while tending to his reputation as a thoughtful officer and diplomat.

      But a hack of Mr. Powell’s email this week has ripped away the diplomatic jargon and political niceties to reveal his unvarnished disdain of Donald J. Trump as a “national disgrace,” his personal peeves with Hillary Clinton and his lingering, but still very raw, anger with the Republican colleagues with whom he so often clashed a decade ago.

      There has been an expectation that Mr. Powell, who waited until the final weeks to endorse Barack Obama in 2008 and 2012, would do the same for Mrs. Clinton this year. But in one 2014 email released online, Mr. Powell lamented that while he respected Mrs. Clinton, he would “rather not have to vote for her,” describing the Democratic presidential nominee as having “a long track record, unbridled ambition, greedy, not transformational.”

      The emails make clear that if Mr. Powell endorses Mrs. Clinton, he will be motivated by intense feelings about Mr. Trump, whom he also called an “international pariah.”

    • Foreign Spending on U.S. Elections Threatens National Security, FEC Commissioner Says

      Calling foreign influence on U.S. elections “a matter of national security,” FEC commissioner Ellen Weintraub is joining her colleague Ann Ravel in calling for the full commission to plug the flow of foreign money into American political campaigns.

      In a new memo to her five fellow commissioners, Weintraub writes that the Supreme Court’s 2010 Citizens United decision created “new avenues for corporate political activity would make our democracy vulnerable to foreign individuals, corporations, and governments that seek to manipulate our elections.” Weintraub will ask the full FEC at its meeting on Thursday to begin the process of writing new regulations to deal with Citizens United and foreign money.

      Weintraub cites recent reporting by The Intercept on a $1.3 million donation by a U.S. corporation owned by Chinese citizens to a Super PAC backing Jeb Bush as evidence that this is not a “hypothetical” issue. “A person would have to be wearing some very rose-colored glasses,” Weintraub writes, “to think there are not foreign operatives interested in exploiting any vulnerability to influence our elections.”

      Her fellow commissioner Ann Ravel called on the FEC to take action in August, in the wake of The Intercept’s story.

      The Citizens United decision opened up a peculiar loophole for foreign money. Federal law prohibits “foreign nationals” — a legal term encompassing foreign individuals, corporations and governments — from putting money into the U.S. political process. But federal law also states that any company legally incorporated in the U.S., no matter its ultimate ownership, is a U.S. national.

    • 2016 Election Lawsuit Tracker: The New Election Laws and the Suits Challenging Them

      There are 15 states with new voting laws that have never before been used during a presidential election, according to a report by the Brennan Center for Justice. These laws include restrictions like voter ID requirements and limits on early voting. Many are making their way through the courts, which have already called a halt to two laws in the past month — one in North Carolina and one in North Dakota.

    • Another Unrealistic Trump Policy Proposal: Homeschool Vouchers

      GOP nominee Donald Trump has said he plans to spend billions of dollars on so-called school choice programs. The $20 billion in federal funds would be available only to what he says are 11 million children living in poverty who are also “trapped in failing schools.” Families will be eligible for vouchers to send their children to charter, magnet or even private religious schools. Last Friday, he announced the policy would include homeschooling as well.

      “School choice is at the center of this civil rights agenda, and my goal is to provide every single inner-city child in America that is trapped in a failing government school the freedom to attend the school of their choice,” he said at a conservative voters conference. “School choice also means that parents can homeschool their children. Hundred percent.”

      But there’s one problem with Trump’s homeschooling plan: Impoverished homeschoolers mostly don’t exist.

    • The Green Party’s Jill Stein goes on the trail, packs a tent

      Jill Stein, the Green Party candidate for president, stepped out of her small tent at the edge of the Missouri River here, where she’d slept in an encampment of protesters the night before. The tent and tarps of her small entourage had been procured second-hand right before this visit, and the plan was to leave the items behind as a donation to the cause.

      It was still early in the day, and a warrant had not yet been issued for her arrest — that would come much later. For the moment, this least known and most quixotic of the presidential candidates was but one of thousands of people who’d gathered to try to stop the construction of a planned $3.8 billion, 1,200-mile Dakota Access Pipeline, which they fear will desecrate sacred burial lands and potentially poison the water source for millions downstream.

  • Censorship/Free Speech

    • Deadspin Mocks New Owners Univision By Cleverly Reposting Deleted Mitch Williams Story As New Story About The Lawsuit

      Right, so remember how over the weekend the spineless execs at Univision decided to delete six articles from various Gawker properties? The reasoning made very little sense. The company claimed that since it had only agreed to acquire the assets of Gawker, but none of the liabilities, it felt that it needed to delete the six articles that were part of existing lawsuits (they also changed an image in one that was the subject of a copyright dispute). As we (and basically everyone else) pointed out, this was ridiculous on multiple levels. First, due to the single publication rule, any liability likely would be only for that initial publication. But, more importantly, the lawsuits in question were all pretty obviously bogus.

      Univision has been trying to go into damage control mode, including a long interview with JK Trotter at Gizmodo, answering a bunch of questions from angry Gawker reporters. Univision continues to stand by the line that this was solely and 100% about the terms of the transaction, in which they were not acquiring any liabilities, no matter how ridiculous those liabilities might be. They insisted there was no editorial analysis or First Amendment analysis — it was just about the liabilities. Gawker’s reporters are still not happy and have apparently discussed the possibility of a walkout. They’ve also directly posted their unhappiness about the decision.

      But Timothy Burke at Deadspin (one of the former Gawker properties) took things one step further. Somewhat brilliantly, he’s written a brand new article about the latest happenings in a lawsuit involving former Major League Baseball pitcher Mitch Williams. If you don’t know, two of the articles that were taken down were about Williams, and he had sued Gawker over them. Of course, the court had already tossed out the claims against Gawker, since the statements made in the earlier Deadspin articles were all either substantially true or protected opinion. But the overall case continues. Williams is suing MLB Network, which fired him after Deadspin’s original posts. So, in this new article about the lawsuit against MLB Network, Burke uses the opportunity to effectively repost every bit of content that was taken down by Univision management. And this is why it’s clever: he’s not just reposting it, but reposting it from the lawsuit.

    • Censorship Gets Lost In Translation

      It may be the most famous photo of the Vietnam War: A 9-year-old girl flees naked down a highway with other frightened children after American warplanes dropped napalm on their village in an action targeting Viet Cong guerillas.

      Associated Press photographer Nick Ut snapped the Pulitzer Prize-winning shot of Kim Phuc and the other children in 1972. Nearly every daily newspaper in the world ran the photo at the time and in the years that followed. For Americans and our allies, it brought home the suffering of the war and the unanticipated consequences of what we presumed were our good intentions; for our Cold War adversaries, the shot was propaganda manna from the Communist equivalent of heaven.

    • Opinion: Why editors were wrong to damn Facebook for censorship

      Facebook’s initial argument that posting the iconic photo would make it more difficult subsequently to refuse to post other photos of naked children was arguably disingenuous but also just plain faulty. Surely a company with the obvious, indeed mindboggling, technical chops that Facebook possesses, has the ability to create an algorithm to take such markers as Pulitzer Prizes into account when making publication calls. Although there are bigger issues here related to letting algorithms make such editorial judgements in the first place, with or without human assistance, the problem in this particular case really should not have arisen at all.

      But editors also are on shaky ground in trying to dictate to Facebook what it should or should not publish. It is in fact ironic that they should think doing so is appropriate, let alone righteous, behaviour.

    • The Big Read: Facebook is a prissy censor

      Don’t you just hate it when this happens? As content curator for one of the world’s largest social media platforms, you delete a picture you consider obscene. Then some Norwegian woman writes an angry post. So you delete her post, too.

    • Sega Takes Potshots At DMCA-Happy Nintendo While Being Cool About Fan Games

      While Nintendo has been making waves for some time with its overly aggressive DMCA takedowns of any fan-work that includes its intellectual property, the company has really ramped things up lately. Recent actions include the takedown of a Mario fan game, a remake of a 25-year-old Metroid title, and engaging in all kinds of craziness over its Pokemon Go title. It was enough that one of Nintendo’s biggest rivals couldn’t help but take a subtle potshot at it, while simultaneously treating Sega fans like human beings.

      Daniel Coyle, on Twitter as SuperSonic68, headed up a team of Sonic the Hedgehog fans in the development of a fan-made 3D Sonic game. Their work has been received rather well as of late, including on gaming blogs and YouTube channels. When one YouTube channel, GameGrumps, did a “let’s play” of the fan game, it appears that Sega noticed and reached out in the comments section with a poke at Nintendo’s aggressive nature and some encouragement.

    • Facebook denies it’s a media company despite censorship decisions

      Facebook makes value judgements about what can appear in News Feed and what’s censored, but insists its a tech company not a media editor.

      At TechCrunch Disrupt SF, writer Josh Constine sat down with Adam Mosseri, a VP at Facebook and head of News Feed, to hear more about how policies control what you see.

      The talk started with Constine asking Mosseri much content people consume daily on their News Feed. Mosseri shared a new statistic, which is that the average Facebook users reads a little over 200 stories a day on their feed, which is about 10 percent of the 2,000 possible stories Facebook has to show them each day.

    • Director stood against censorship at Cal State Long Beach: Letters

      Cal State Long Beach President Jane Close Conoley effectively canceled the performance of “N*gger Wetb*ck Ch*nk” at the Carpenter Performing Arts Center. Center Director Michele Roberge resigned, in protest calling the cancellation a form of censorship, but Conoley said she did not intend censorship and said the canceled performance lacked educational value. No matter that the show played at CSULB last year and no student complained. Conoley did say that unnamed professors and sponsors complained.

      Conoley has every right to critique the performance. But canceling something because it lacks educational value is censorship that goes beyond the academic pale. Her censorship policies, if left to stand, will suffocate the creative imagination at CSULB.

      Roberge stood up for academic values. The president should not accept her resignation. If she accepts it, then she should be the one who is resigning. In that case, I hope that faculty, students and all members of the Long Beach community who value freedom of expression call for the president’s resignation.

    • How Chinese Censorship Affects You

      Under the Communist Party, China remains a culturally suppressive society defined by censorship rather than free speech.

      Yet Chinese censorship stifles not only the Chinese citizenry, but also the American public. As globalization accelerates and state-sponsored firms commit to private investment in the West, the Communist Party grows increasingly influential beyond its own borders.

    • Action against sexual harassment in schools is more about protecting the male orgasm than girls

      How much pain and suffering is the male orgasm worth? Is there ever a time when a man’s right to access hardcore pornography is outweighed by the rights of young women to feel safe?

      I am wondering this in light of today’s Women and Equalities Committee Report into sexual harassment and sexual violence in schools. The way in which young men see their female peers is tainted, poisoned by broader cultural narratives about what female bodies are for. Boys are not born with a need to hurt and humiliate for pleasure, but they are acquiring it, and fast.

    • Education, Not Censorship, Is The Key To Addressing Children’s Access To Porn
    • Kick sex education out of schools
    • Schools ‘should teach pupils about porn’: report
    • Facebook ‘censors’ Dakota Access pipeline protest livestream – activists
    • Facebook censored a live stream video posted by Dakota pipeline protesters
    • Dakota Pipeline Protesters Claim Facebook Censored Video of Mass Arrest
    • Anti-pipeline activists claim Facebook censored their live video
    • Dakota Pipeline Activists Accuse Facebook of State Collusion
    • At Least 20 Dakota Pipeline Protesters Arrested
    • Armed Police in Riot Gear Arrest 22 During #NoDAPL Lockdown
    • Bulgaria: Regional media outlets dependent on local governments

  • Privacy/Surveillance

  • Civil Rights/Policing

    • Obama to Welcome Myanmar’s Aung San Suu Kyi for Talks on Sanctions

      President Barack Obama welcomes Myanmar’s de facto leader Aung San Suu Kyi to the White House Wednesday, where he is eager listen to her views on how far the U.S. should go in lifting sanctions on the southeast Asian country.

      It will be her first visit to the U.S. as State Counselor and Foreign Minister – a position she assumed after her party’s decisive win in last November’s elections. The country’s military era constitution bars her from holding the title of president because her late husband and children are foreign citizens.

      Aung San Suu Kyi spent more than 20 years under house arrest in the country formerly known as Burma. Her meeting with Obama in the Oval Office is viewed as another clear indication that she is Myanmar’s de facto civilian leader.

    • Chelsea Manning will undergo gender transition surgery, lawyer says

      Imprisoned former Army intelligence analyst Chelsea Manning has learned that she will receive gender transition surgery, her lawyer told CNN, in what could make her the first US prison inmate to undergo such a procedure.
      Manning, a transgender woman, was convicted of stealing and disseminating 750,000 pages of documents and videos to WikiLeaks.

      The former US Army soldier is serving a 35-year sentence at Fort Leavenworth, an all-male Army prison in eastern Kansas, despite her request to transfer to a civilian prison. Her lawyers say she has been denied medical treatment for her gender dysphoria, a condition in which there is a conflict between a person’s physical sex and the gender he or she identifies with.

    • Chelsea Manning Ends Hunger Strike, Will Get Gender Affirming Surgery

      U.S. Army whistleblower Chelsea Manning will receive gender affirming surgery, and is ending her hunger strike after five days, her lawyers have confirmed.

      “I am unendingly relieved that the military is finally doing the right thing,” Manning said in a statement. “I applaud them for that. This is all that I wanted — for them to let me be me. But it is hard not to wonder why it has taken so long.”

      Until her surgery, the military will still require Manning to keep her hair short.

    • Romeo and Juliet and Sexting: 17-Year-Old Faces Child Porn, Assault Charges for Consensual Sex with Girlfriend

      “After being arrested, I was suicidal and hopeless,” Austin Yabandith, a 17-year-old from Superior, Wisconsin, recalls. “As of right now, I am just hoping for the best and preparing for the worst.”

      The “worst” would be pretty bad. After discovering indecent photos of Austin’s 15-year-old girlfriend on his cell phone—as well as a video of the couple having sex—authorities charged him with sexual assault of a child, sexual exploitation, and possession of child pornography. The sexual assault charge is considered a Class C felony, and carries a maximum (though unlikely) sentence of 40 years in prison.

    • Two dead in water riots in India’s Silicon Valley

      Relative calm has been restored to the Indian city of Bangalore following the deaths of two men amid riots over an ongoing water dispute.
      Prime Minister Narendra Modi appealed to protesters to exercise restraint and follow the law as a heavy paramilitary presence was deployed Wednesday. Protests began earlier this week over a water sharing deal between the Indian states of Karnataka and neighboring Tamil Nadu.

      One demonstrator was shot dead by police, Karnataka chief minister S Siddaramaiah said in a press conference Tuesday. Another died in hospital following injuries sustained from a fall while fleeing police during Monday’s clashes.

    • Why Uzbekistan’s Jews already miss the iron fist of their late ruler

      Driving through this dusty desert city of many ornate and ancient mosques, Shirin Yakubov recalls the ruthlessness of her country’s recently deceased president of 25 years.

      “He killed all of them, every last one,” she says of Islam Karimov’s role in the 2005 police massacre of hundreds of suspected Islamists in the eastern city of Andijan following unrest.

    • New fires leave cars ‘destroyed’ in Copenhagen

      One car was burnt in the Amager district and another was torched four hours later in Nørrebro.

      “Both cars are completely destroyed, and we are investigating the fires as arson,” Copenhagen Police spokesman Carsten Reenberg told news agency Ritzau.

      The incidents marked the fourth consecutive night of car fires in the Copenhagen area and bring the total of vehicles burnt since mid-August to over 50.

    • MPs slam ‘national scandal’ of FGM- Britain’s hidden crime

      FGM is typically carried out on girls aged between five and eight. It involves total or partial removal of or injury to female genitalia for non-medical reasons. It is often performed without anaesthetic or by someone without medical qualifications

    • Tyree King, 13, Fatally Shot by Police in Columbus, Ohio

      A police officer in Columbus, Ohio, fatally shot a 13-year-old boy he was trying to detain following reports of an armed robbery, officials said.

      Authorities identified the teenager as Tyree King. The Columbus Division of Police said in a statement that King “pulled a gun from his waistband” when officers attempted to take him and another male into custody Wednesday night.

    • LIU LOCKOUT OVER!!!

      This is an extremely significant victory for all faculty, be they tenured, contingent, tenure-track or adjunct. Be they at LIU or elsewhere.

      We all owe a great thanks to the stalwart faculty at LIU–and to their student supporters. They have demonstrated the limits of institutional fiat, for the good of all faculty everywhere.

  • Internet Policy/Net Neutrality

    • New EU rules promise 100Mbps broadband and free Wi-Fi for all

      The European Commission has promised free Wi-Fi in every town, village, and city in the European Union, in the next four years.

      A new grant, with a total budget of €120 million, will allow public authorities to purchase state-of-the art equipment, for example a local wireless access point. If approved by the the European Parliament and national ministers the cash could be available before the end of next year.

    • ‘High Noon’ Showdown Hearing In US Over Internet Control

      Former US Republican presidential candidate Ted Cruz today used a 3.5 hour hearing of a Senate subcommittee he chairs to attempt to scare the US Commerce Department National Telecommunications and Information Administration away at the last minute from its plans to transition out of its stewardship role for the internet root zone system.

    • Gizmodo Completely Misses The Point Of Cord Cutting

      Roughly every month or so I’ll see a story proclaiming that cord cutting is a bad idea because you need to subscribe to multiple services to mirror the same overall volume of content you receive from pay TV. There are a few problems with that logic, first being that cord cutters aren’t looking to precisely duplicate cable TV. They’re looking to get away from paying a small fortune for hundreds of unwatched channels, including an ocean of religious programming, infomercials, whatever the Weather Channel is up to these days, and C-grade channels focused on inherently inane prattle.

      Writers of these pieces always seem to forget that broadcasters dictate the pricing of content on both platforms, so any surprise that the pricing of television remains somewhat high (when you pile on multiple streaming services) is just kind of silly. All told, “cord cutting is really expensive when I subscribe to every streaming service in the known universe” is just a weird narrative that just keeps bubbling up across various media outlets despite not really making much sense.

    • New York City Threatens To Sue Verizon For Failure To Meet Fiber Deployment Promises

      We’ve noted for years now how Verizon’s modus operandi is to promise uniform fiber deployment to a city or state in exchange for all manner of subsidies and tax breaks, then walk away giggling to itself with the job only partially complete. This story has played out time and time again thanks to city and state contracts struck behind closed doors without public transparency, allowing Verizon to bury numerous loopholes in the contract language. Other times, Verizon can lobby to weaken oversight so that there’s simply nobody left to hold Verizon accountable when it decides to laugh off the contract requirements.

  • Intellectual Monopolies

    • Copyrights

      • WIPO Committee Approves Forbin As New Top Copyright Official [Ed: the abusive WIPO put the copyright monopoly (industry) in charge of copyright]

        The nomination of Sylvie Forbin of France to be the next head of copyright issues at the World Intellectual Property Organization was finalised yesterday as the WIPO Coordination Committee approved her appointment. Forbin is set to start work at WIPO on Monday.

        Forbin would be the deputy director general for copyright and the creative sector at WIPO.

        She is a corporate lobbyist for media giant Viacom in Paris, and worked with French foreign service in the past.

      • WiFi Providers Can Be Forced To Require Passwords On Rightsholder Request, ECJ Rules

        The European Court of Justice today ruled that a shop offering WiFi is not liable for copyright infringements on its network but may be forced by rightsholders to require passwords to use the network.

      • EU Announces Absolutely Ridiculous Copyright Proposal That Will Chill Innovation, Harm Creativity

        This is not a surprise given the earlier leaks of what the EU Commission was cooking up for a copyright reform package, but the end result is here and it’s a complete disaster for everyone. And I do mean everyone. Some will argue that it’s a gift to Hollywood and legacy copyright interests — and there’s an argument that that’s the case. But the reality is that this proposal is so bad that it will end up doing massive harm to everyone. It will clearly harm independent creators and the innovative platforms that they rely on. And, because those platforms have become so important to even the legacy entertainment industry, it will harm them too. And, worst of all, it will harm the public greatly. It’s difficult to see how this proposal will benefit anyone, other than maybe some lawyers.

        Not surprisingly, the EU Commission is playing up the fact that this package does knock down some geoblocking in setting up more of a “single market” for digital content, but after Hollywood started freaking out about it, that proposal got watered down so much that plenty of content will still be geo-blocked. And there’s so much other stuff in here that’s just really, really bad. As expected, it includes a ridiculous ancillary copyright scheme, which should really just be called the “Google tax” for linking to copyright-covered content.

        The proposal does away with the liability limitations for platforms, effectively requiring any tech platform that allows user-generated/user-uploaded content to build or license their very own ContentID system. This is ridiculous. If the idea was to punish Google, this will do the opposite. Basically no startup will be able to afford this, and it will just lock in platforms like YouTube as the only option for content creators wishing to upload video. Protecting intermediary liability has been shown, time and time again, to enable new innovation and also to enable greater creativity and free speech — and the EU Commission basically just tossed it in the garbage because some Hollywood interests think (incorrectly) that internet companies “abuse” the protections.

      • Prenda’s Paul Hansmeier Loses His Law License; Won’t Be Filing Bogus ADA Lawsuits For Now

        Of course, when we last checked in with Hansmeier he was aggressively filing questionable ADA lawsuits, basically shaking down small retail stores for any possible violation of the ADA he could find. I’m guessing that’s going to need to stop — but I do wonder if he’ll find someone else to keep doing the legal work on that kind of scam.

        Anyway, Hansmeier has now had his assets liquidated in bankruptcy and his law license taken away. What’s next? Well, last we’d heard, it sounded like criminal charges were getting closer, so perhaps he has that to look forward to as well.

      • Scientists Realizing That EU Ruling On Copyright & Links Just Made Science Much More Difficult

        A recipe for disaster indeed.

        This is, of course, not the first time we’ve noted the problems of intellectual property in the science world. From various journals locking up research to the rise of patents scaring off researchers from sharing data, intellectual property keeps getting in the way of science, rather than supporting it. And that’s extremely unfortunate. I mean, after all, in the US specifically, the Constitution specifically says that copyrights and patents are supposed to be about “promoting the progress of science and the useful arts.”

        Over and over again, though, we see that the law has been twisted and distorted and extended and expanded in such a way that is designed to protect a very narrow set of interests, at the expense of many others, including the public who would benefit from greater sharing and collaboration and open flow of data among scientific researchers. Having the CJEU make things worse in Europe isn’t going to help Europe compete — and, unfortunately, it does not look like those in Europe looking to update its copyright laws understand any of this yet.

      • EU digital copyright reform proposals slammed as regressive

        The European Commission’s proposals to reform the region’s copyright rules, published in draft form today, have been criticized by tech companies and digital rights groups as regressive and a missed opportunity to modernize hopelessly outdated rules.

        The Open Rights Group accused the EC of ignoring EU citizens responses to an earlier consultation on the reform, and trying to bring in regressive rules that will force private companies to police the Internet.

        “The Commission’s proposals would fail to harmonise copyright law and create a fair system for Internet users, creators and rights holders. Instead we could see new regressive rights that compel private companies to police the Internet on behalf of rights holders,” said its executive director Jim Killock in a statement.

        A big point of concern for many critics is the EC seeking to shift the responsibility for identifying copyrighted content by requiring Internet companies that host user uploaded video, such as YouTube and Facebook, to proactively check for copyrighted material, rather than waiting to receive a take down request from a rights holder, as is the case now.

      • EU Commission Proposes Mandatory Piracy Filters For Online Services

        Today, the European Commission published its long-awaited proposal to modernize the EU’s copyright law. Among other things, it will require online services to install mandatory piracy filters. While the Commission intends to strengthen the position of copyright holders, opponents warn that it will do more harm than good.

      • European Commission introduces copyright on links; presents worthless copyright harshening proposal for the EU

        The European Commission has finally presented its long-awaited copyright reform proposal. It ignores everything positive the European Parliament demanded in the earlier Reda report, and doubles down on introducing copyright for links.

      • 10 Years in Prison For Online Pirates a Step Closer in the UK

        The UK Government’s Digital Economy Bill has moved a step closer to becoming law after its second reading in Parliament. With unanimous support, the current two-year maximum custodial sentence for online piracy is almost certain to increase to a decade. However, the reading also covered other familiar ground – pressure on Google to do something about piracy.

      • CJEU says that free Wi-Fi provider is not liable for third-party copyright infringements but may be required to password-protect its network to terminate infringements

        This reference for a preliminary ruling was made in the context of proceedings between Sony and a person (Tobias Mc Fadden) who operates a business selling and renting lighting and sound systems for various events.

        Mc Fadden owns a Wi-Fi connection that is open to anyone to use as it not protected by any password. The main reason why McFadden provides password-free free internet access is to drive traffic to his website and encourage customers to visit his shop.

        In 2010 that connection was used by someone other than Mc Fadden to download unlawfully a musical work to which Sony owns the copyright. Following Sony’s formal notice, Mc Fadden sought a negative declaration from the referring court.

        This dismissed it and upheld Sony’s counterclaim, granting an injunction against Mc Fadden on the ground of his direct liability for the infringement at issue and ordering him to pay damages, the costs of the formal notice, and costs.

        Mc Fadden appealed that decision, arguing that the provisions of German law transposing Article 12(1) of the ECommerce Directive would shield him from liability for third-party infringements.

      • Judge’s Opinion That EU Is Competent To Ratify Marrakesh Treaty Might Break Standstill

        The European Union has exclusive competence to ratify the Marrakesh Treaty on copyright exceptions for visually impaired people, the advocate general of the Court of Justice of the EU has found. This conclusion, which was well-received by representatives of the visually impaired, could speed up the ratification of the treaty by the EU.

      • Commission unveils new copyright package

        Further to the proposal for a regulation on cross-border portability of online content services in late 2015, the European Commission has just unveiled its new set of proposals to ameliorate EU copyright and achieve a fully functioning digital single market.

        These – among other things – include proposals for a new directive on copyright in the Digital Single Market and a regulation on certain online transmissions of broadcasting organisations and retransmissions. Both instruments, if adopted in their current form, will have a deep impact on the EU copyright framework, particularly with regard to online uses of copyright works, responsibilities of hosting providers, users’ freedoms, and authors’ contracts.

      • EU copyright plans a big win for old media, but public concerns ignored

        EU proposals for the “modernisation of copyright to increase cultural diversity in Europe and content available online” turn out to be an implementation of the old copyright industries’ wishlist, with little that addresses online users’ needs.

        As expected, the proposed Copyright Directive will give news and magazine publishers—described by the EU as “press publishers”—a new 20-year “ancillary copyright” over and above the normal copyright. Although it is not yet clear how this will work in practice, the intent is to enable press publishers to control the use of online snippets drawn from “daily newspapers, weekly or monthly magazines of general or special interest and news websites.”

      • European Commission Copyright Reform Proposal Sparks Many Jeers, Some Cheers [Ed: paywall]
      • Commission Proposal to Reform Copyright is Inadequate

        Today the EU Commission released their proposal for a reformed copyright framework. What has emerged from Brussels is disheartening. The proposal is more of a regression than the reform we need to support European businesses and Internet users.

        To date, over 30,000 citizens have signed our petition urging the Commission to update EU copyright law for the 21st century. The Commission’s proposal needs substantial improvement. We collectively call on the EU institutions to address the many deficits in the text released today in subsequent iterations of this political process.

09.14.16

As Part of So-called ‘Reforms’, the EPO’s President is Gradually Eliminating the Boards of Appeal, Not Just Their Independence

Posted in Europe, Patents at 6:42 pm by Dr. Roy Schestowitz

Wim Van der Eijk (below), Chairman of the Enlarged Board of Appeal (EBoA) and EPO Vice-President of DG3, is said to be on his way out (giving Battistelli even more control/leverage)

Wim Van der Eijk

Photo from EPO.org

Summary: The EPO appears to be preparing for a post-examination (or very poor examination quality) era, heralded in part by the mistreatment of the Boards of Appeal, who are highly specialised workers akin to the Patent Trial and Appeal Board in the United States

THE EPO is an office like no other office, but WIPO is a close match because it too is unaccountable and it routinely abuses staff, which then has no legal/judicial recourse (we have posted several links to stories about it in our daily links this month and earlier today). Even independent judges are being mistreated by the EPO and are then subjected to mock ‘trials’.

Today, for a change, the EPO invited people to sign up to the blog (lies) of Battistelli, who is a chronic liar that is a textbook definition of “newspeak” (see the recent announcement about the exile of appeal boards). When the EPO isn’t busy 'spamming' universities for a lobbying campaign of the Battistellites at the expense of the EPO (this continued today [1, 2] with two more universities) it is busy pushing or retweeting glamousing dross about “European Patent Office @EPOorg President #Benoit Battistelli” (this is what people are seeing if they follow the EPO, it’s just a cult of a single monomaniacal person).

Battistelli’s own lobbying event is the only thing that these people can talk about (other than repeated mentions of some pages in the EPO’s Web site) and right now the UK-IPO helps the EPO further marginalise the boards (barrier to Battistelli’s God-like powers), citing a vacancy which we mentioned earlier this week.

“Registration for the “Boards of appeal and key decisions 2016″ conference closes tomorrow,” the EPO says, but how long will it be before the boards too get closed/shut down by Battistelli? Judging by articles we read (not just in English), there are no long-term guarantees in Haar and the isolation of staff there is bound to discourage job applications, never mind poor retention of existing staff. We foresee the EPO trying to replace the boards with the UPC — a subject we have been writing about for a number of years now.

“EU software patents [are] pushed with the establishment of a pan-European patent court,” Benjamin Henrion (FFII) wrote today, noting/highlighting again the correlation between the UPC and patent scope. We recently highlighted UPC lobbying by the EPO’s Margot Fröhlinger (as recently as last night) and we have been told by EPO insiders that their internal Gazette is lying about the UPC and other topics (more on that tomorrow; for now, see footnote 9 below). Here is what one person wrote today in a comment about Fröhlinger:

I am becoming increasingly concerned regarding the positions publicly espoused by Margot Fröhlinger.

I can agree with her position that “There are no guarantees in life so no one is sure if the CJEU will agree on the legality of UK’s participation if challenged”. However, what are we to make of the fears that she has voiced about the UPCA unravelling due to the CJEU being “politically insensitive”? That is, how else can those fears be interpreted other than as concerns that the judiciary will not provide a ruling that is politically convenient (for the executive)?

Further, indicating a belief that the CJEU will give “its blessing” to a revised UPC Agreement in which a non-EU Member State (i.e. the UK) participates can only be interpreted either as wishful thinking or an indication that undue pressure will be put on the CJEU to reach the “right” decision.

The fact is, the CJEU should be left to its own devices to decide whether any new UPC Agreement is consistent with EU law. I have my doubts about whether this will be possible. This is not least because I struggle to see how the CJEU could, in relation to a system established under EU law, give its blessing to the participation of a country that is not obliged to follow rulings of the CJEU. However, I do not rule out the possibility that a system could be devised that might genuinely be consistent with EU law. That is, unlike Ms Fröhlinger, I have no intention of pre-judging the outcome.

It seems that the EPO management in general (and not just the president) is in need of education regarding the different roles of the executive and the judiciary, as well as the importance of ensuring that one does not interfere with the other.

Whenever the EPO actively pushes for (if not lobbies for, inappropriately and unprofessionally) the UPC it shows rather clearly that it doesn’t envision a future with patent appeals. For what it’s worth, some insiders believe that examination (and thus appeals) is on its way out at the EPO.

“A different view on the relocation of the Boards of Appeal in Haar,” a short paper about the exile of the boards by Battistelli and his tyranny, was recently disseminated internally. In the interests of transparency we have decided to share it below:

Where have the Boards of Appeal gone?

The reform

With CA/D 6/16, the Administrative Council (AC) decided to create a new organisational entity, the “Boards of Appeal Unit”1 (BoAU). Comprised of the Boards of Appeal and the Enlarged Board of Appeal, including their registries and support services, the new unit shall be directed by a “President of the Boards of Appeal” (PBoA) to be appointed by the Administrative Council in accordance with new Rule 12a(1) EPC. Therefore, with effect from the 1st July 2016, DG3 has been disbanded and replaced by the BoAU.

The PBoA is to manage the Boards of Appeal Unit using functions and powers transferred to him by the President of the Office (PEPO) in an Act of Delegation2. In particular, the PBoA is expected to prepare resource requests to cover the needs of the Unit: the PEPO is then expected to provide the necessary resources (see new Rule 12a(2, 3) EPC).

The building

Although most stakeholders did not see any problem retaining the Unit in the Isar building, the PEPO insisted that relocation had to be included as part of the whole reform package in order to “improve the perception of independence”. In Part C of CA/43/16 Rev.1, the AC approved the principle of the removal of the BoA from the Isar building, but keeping them in the Munich area “in a location with good traffic links and appropriate accommodation standards”.

Although the first PBoA has not yet been appointed by the AC, nevertheless the Administration has been very active during the summer in defining the needs of the BoAU and identifying a “suitable” building in the location. Early in July, a few buildings in Munich were inspected for consideration together with representatives of the BoAU, but the Administration found none of them suitable. Shortly afterwards, Principal Director General Administration (PD44) publically announced that a suitable building had now been found and that the BoAU relocation was already scheduled to take place on 1st July 2017 to Richard-Reitzner-Allee 8 in Haar, a city of about 20 000 residents in the Munich hinterland. The chosen “8inOne” building was renovated by its owner to a “very high standard” in 2014, essentially following the concept of open-space offices. It has remained empty since then.

Not all details have been made public yet. However, it is a safe assumption that the rent should be much lower than in more desirable locations in Munich, although the building will have to be refurbished to accommodate individual offices, rooms for oral proceeding and other facilities and adapted to accommodate EPO IT systems. In order to amortise the costs of refurbishment, the contract would commit the Office to remain in the location for 15 years. This long commitment contrasts starkly with the hurried process of finalising the plans and then submitting a complete, formal proposal for approval in the October meeting of the Budget and Finance Committee (BFC).

The needs of the BoAU

This “rush to complete” is all the more problematic as the proposal doesn’t properly take into account the actual needs of the BoAU. The Boards themselves have expressed not only general concerns3 about the present situation; they also have concrete reservations on the suitability of the building for a proper functioning of the unit. To summarise, the Presidium concluded that the building will not offer enough space4 (or all the facilities) necessary for a proper functioning of the Boards and has informed the PEPO accordingly. For more details, [x] suggest that you read the publication5 by the Presidium. In a first response to addressing these problems, the President has decided to plan an additional two meeting rooms and to rent more space for a library in the basement.

The new reform of the BoA entails aspects of both perceived independence and performance improvement. It is obvious to us that the resources presently planned for the BoAU are woefully insufficient to produce the necessary improvements that will realise these goals since the working conditions are neither adequate nor appropriate for such judicial activities.

The needs of staff

From a staff perspective, the relocation would obviously be detrimental for the majority. Although the building is located outside Munich, perceived independence should not be confused with physical isolation. Besides, the offices are too small, the meeting rooms are too few, and the building has no other facilities or “social” rooms. It means that services normally offered to EPO staff in Munich (fitness room, Amicale room, medical and administrative facilities) won’t be available for EPO staff in Haar. Staff will be heavily impeded in availing themselves of these services if it means that they have to travel to the Isar building or to the Pschorrhöfe for them. The Administration already admits that the current canteen is too small to accommodate both EPO staff and staff from other tenants, not to mention visiting patent attorneys and the general public. As a workaround, they propose making use of local external outlets, but these appear to be insufficient and inadequate, thereby rendering the proposal impractical.

The Office praises itself for being a model employer offering numerous amenities to its employees. However, [x] can only conclude that staff at the Haar site would be disadvantaged when compared with their colleagues at Munich sites.

When this is combined with the conditions of employment resulting from the reform of the BoA (for example the limitations in the security of tenure6 , the capping of the career progression7 and increased constraints in post-service activities8), all these factors may prompt more active BoAU staff to retire earlier. With further reforms (pensions, etc.) expected to further worsen conditions of employment, all these changes will reduce the attractiveness of the BoAU as an employer and complicate (long-overdue) recruitment.

Consultation

Staff in the BoAU perceives the reform process as both intransparent and non bona fide. To date, the statutorily required consultation with staff representation has not taken place. According to PD44, the floor plan (“Raumbelegungsplan”) had to be finalised in August. In our view, this renders the probability of statutory consultation leading to any improvement in the reform as unpromising.

A vision

There appears to be no clear, long-term AC vision for the Boards of Appeal.

In the AC meeting of June 2016, delegations kept advocating a quick ratification of the UPC Agreement thereby creating a Unified Patent Court, although its setting-up now seems subject to increasing uncertainty due to Brexit. They appear to align with the PEPO in this respect9. Anyway, legal study concluded that the number of cases migrating from the BoA to the UPC would be a very modest one.

The number of unfilled posts in the BoA has significantly increased10 from 2014 on and this worrisome trend continues unabated. At the same time, the upward production trend in DG1 does not suggest that we should expect any decrease in the number of appeals in the future, assuming [x] maintain a constant quality in the decisions of the first-instance Examining and Opposition Divisions.

[x] wonder whether the AC delegations should realistically expect such an efficiency boost in the BoAU, with new procedures so streamlined11 that the BoAU can both master the caseload and reduce the pendency with reduced resources. [x] suggest they should reconsider their options before embarking on a relocation project which already does not seem future-proof.

Conclusion

By hastily preparing a proposal to relocate the BoAU from the Isar building into the Munich hinterland, the PEPO pre-empts an action that should be assigned to the PBoA, in accordance with new Rule 12a(3) EPC, for the sake of improved (perceived) independence. Furthermore, the building does not meet the needs of the BoAU and its users (patent attorneys and public) and therefore cannot be said to meet the goal set by the AC of “appropriate accommodation standards”. It further deteriorates the working conditions of staff in the Unit whilst at the same time committing the PBoA and the Office to a long-terms contract.

It remains to be seen whether the BFC (and the AC) will actually condone what could be seen as an original sin.

________
1Unit: “a single thing, person, or group that is a constituent of a whole; a part of a military establishment that has a prescribed organization as of personnel and materiel” (Merriam-Webster’s Learner’s Dictionary)
2 See Part II of Annex 3 of CA/43/16 Rev.1
3 See the “AMBA Statement on the Current Situation” on the AMBA site
4 It is unclear whether the rented net surface amounts to 10740 m2, as mentioned by PD44, or to 9089 m2, as calculated by the Boards. Presently, the Boards have roughly 13000m2 in the Isar building.
5 Unfortunately, access to this publication is presently restricted to the BoAU
6 see new Rule 12d(3) EPC
7 see new Article 11 ServRegs as amended in CA/D 8/16
8 see CA/D 5/16
9 See Gazette August 2016, page 11: “I don’t see any reason why the UK couldn’t still ratify the UPC.”
10 See page 4/72 of the social report CA/55/16 Corr. 1
11 Pursuant to new Rule 12c(1) EPC, the BOAC as an emanation of the AC adopts the Rules of Procedure of the BoA, instead of the Presidium in the older days.

More information can be found in this article (in German, accurate translations are desirable).

Regarding the President of the Boards of Appeal, it seems certain that Battistelli is going to replace and maybe even eject Mr. Van der Eijk. According to a source, “he’s to be replaced” after being flagged as “ill” for a conspicuously long time (we wrote about it last year). “I don´t know his whereabouts,” this source told us. We may post an update about this pretty soon. Some people speculated that he had been punished for disloyalty to Battistelli (which is very much warranted), but we could never ascertain/verify this claim. █

As Expected, Misleading Coverage Regarding Software Patents in the Wake of McRO v Bandai Namco

Posted in America, Patents at 5:41 pm by Dr. Roy Schestowitz

Reuters and Software Patents

Summary: How media which is dominated or steered by patent law firms covered the McRO v Bandai Namco case, and why it’s bound to mislead a lot of people into thinking that software patents are OK

YESTERDAY we wrote about how patent law firms had turned rather nasty against anyone who enforces Alice and trashes software patents in lieu with the law. These firm are losing the battle, so now they play dirty. As far as we are aware, the McRO v Bandai Namco decision was first reported on by IAM and quickly thereafter mentioned by pro-software patents people (along with the misleading headline). In a nutshell, the Court of Appeals for the Federal Circuit (CAFC) defended a few software patents (or just one single patent!) in one rare case (less than 10% of the time do we see such an outcome at CAFC), so patent maximalists make a lot of noise and try to amplify the message (whilst ignoring the decisions they dislike because it’s not supportive of their agenda and ‘sales’). We expect to see a lot more articles about McRO v Bandai Namco because it is good marketing of their ‘services’ (or ‘products’). They are hoping — inter alia — to help their large clients’ agenda.

“These firm are losing the battle, so now they play dirty.”“Don’t Assume an Abstract Idea” was the headline at Patently-O today. It said: “In an important Eligibility case, the Federal Circuit has ruled that MRCO’s software patent claims are eligible — rejecting District Court Judge Wu’s judgement on the pleadings that the non-business-method claims are invalid as effectively claiming an abstract idea. In my 2014 post in the case I wrote that the case may serve as an opportunity fo the Federal Circuit “to draw a new line in the sand.””

“Federal Circuit rules software patents valid in McRO v Bandai Namco” was the headline in MIP. The truth of the matter is, the Federal Circuit did not rule software patents valid but only very particular patents (or patent), in one single case (it almost always finds software patents invalid). As long as the US Supreme Court does not rule again on software patents (and as we noted here before, no such case is pending at all right now), Alice still stands, it is very much applicable, and software patents are effectively or generally dead. CAFC must follow the lead of the Supremes (Justices). That’s just how the law works.

“We expect to see a lot more articles about McRO v Bandai Namco because it is good marketing of their ‘services’ (or ‘products’).”The following headline (shown at the top) from Reuters is basically a lie. Software makers (developers) don’t want software patents; few oligarchs that own large software monopolies may want them (e.g. IBM and Microsoft), but not actual software makers, people like yours truly. “Animation patent saved, software makers exhale,” says the headline of this report, but every software maker (coder) out there is probably mortified by the idea that patent trolls with their software patents can use this decision to bolster their campaign of intimidation (patent shakedown). This is the same spin as found in the seminal headline from IAM — spin which strives to convince us that software makers actually want software patents. It’s a lie.

Speaking of software patents, watch the details of an upcoming event where software patents lobbyist David Kappos (and former USPTO Director) will share the stage with the current Director who reportedly denies fraud at the USPTO. “Michelle Lee has testified before a House of Representatives committee amid accusations of USPTO examiners claiming unsupported hours,” MIP wrote. In addition, the chief judge of the Patent Trial and Appeal Board will be there. To quote IAM: “Joining keynote speaker USPTO Director Michelle Lee will be the chief judge of the Patent Trial and Appeal Board, David Ruschke, ex-USPTO Director David Kappos and former Federal Circuit Chief Judge Paul Michel. Alongside them will be senior representatives from companies that are closely involved in the ongoing patent reform debate, including Google, Johnson & Johnson, Qualcomm, Bristol-Myers Squibb and IBM. Also in the faculty, we have lead counsel in two of the pivotal Supreme Court patent cases of the last decade – KSR v Teleflex and Cuozzo v Lee – as well as several high-profile patent investors.”

“This is the same spin as found in the seminal headline from IAM — spin which strives to convince us that software makers actually want software patents. It’s a lie.”This seems like a corporate lobbying event, much like that EPO-supported pro-UPC event that IAM set up in the US earlier this year. We don’t know what will be discussed in this event, but certainly it’s so expensive to attend that it will essentially shut out dissenting views, just like Managing IP recently did (a pro-UPC lobbying event, as we noted last night). The
EPO tends to pay published to sell out these days. Sometimes it works.

Taking note of the arrogance and the audacity of the patent microcosm, see this new article by Robert Sachs, a proponent of software patents. Yesterday he wrote: “Of course, one can say that the Federal Circuit is bound by precedent and has no choice but to follow the Supreme Court. This is true but fails to grasp the problem: The Federal Circuit does not even recognize that the Supreme Court’s definition is wrong. There have been no dissents by the Federal Circuit raising this issue. Instead, they apparently believe that the Supreme Court is correct, and thus only raise other concerns about the application of the Mayo test.”

This is part one of a newly-published series (maybe paper) and when Sachs says that the “Federal Circuit does not even recognize that the Supreme Court’s definition is wrong” he basically flings another nonsensical attack on Alice/Mayo, much like Kappos and other interresants. Over at Patently-O, Professor Crouch goes with the headline “Patent Venue at the Supreme Court: Correcting a 26 Year Old Legal Error” and it’s basically a rant which relates to the VENUE Act — a subject which we covered here before.

“East Texas has been somewhat of a cesspool of patent trolls with their ludicrous software patents and they enjoy favourable treatment from the courts there.”Crouch does not say “patent trolls” but instead speaks of East Texas. He wrote: “Patent litigation continues to be concentrated in a small number of venues. This case is potentially a big deal because it could eliminate this concentration — especially patent cases in the E.D.Texas. Both the PTO and Congress appear in favor of venue reforms, but statutory reforms will likely wait until the Supreme Court decides TC Heartland.”

Well, any such reforms are sorely needed and the sooner, the better. East Texas has been somewhat of a cesspool of patent trolls with their ludicrous software patents and they enjoy favourable treatment from the courts there. It’s time to stop this. █

East Asian Patent Activity Viewed by IAM ‘Magazine’ as ‘Proof’ of “IP’s Growing Strategic Role”

Posted in Asia, Intellectual Monopoly, Patents at 4:43 pm by Dr. Roy Schestowitz

“Anyone who says they’re good for you is a liar, or badly informed. And hiding patents behind copyright & trademarks in “intellectual property” is like sugar hiding behind fat and salt. Patents are the sugar of technology.” –Pieter Hintjens, yesterday [1, 2]

The profit motive
The patent maximalists view patents like the war industry views bombs

Summary: The latest fine example of the mentality or the mindset of people who are making money from peddling patents even when these are not needed, let alone desirable

EARLIER THIS month we wrote about the rise of patent trolls in east Asia. There are several new examples of that and regarding a case which we covered here before Dr. Glyn Moody has published “Chinese State Patent Troll Absorbed By Smartphone Maker Xiaomi, Adding To Its Patent Hoard”, citing the same report that we did (from IAM). “The absorption of Ruichuan IPR Funds by Xiaomi,” he explained, “which must have taken place with the Chinese government’s approval — is clearly part of the same strategy of bulking up in the patent department as it prepares to expand abroad. The big question is whether Xiaomi is planning to use its new portfolio purely defensively, so that it can sign cross-licensing deals, or whether it will start going on the offense and sue Western companies in their home markets too.”

As Moody noted a few months ago, China is now using Texas courts to sue large US companies, more or less like trolls, proving that the trigger-happy system in the US can actually work against the US and undermine its dominance in the area of technology.

“IAM views the deal as just a bunch of patents, but it’s the kind of misguided view which assumes patents are physical assets.”IAM has published quite a few articles recently about Japan alone [1, 2, 3, 4] and in them we see IAM’s loaded statements and headlines, insinuating that because patents are being used for corporate wars in Japan it means that patents are desirable. That’s the same logic as “there are many wars, thus we need nuclear weapons” (irrespective of their effect or death toll, not just mutually-assured destruction). Another newer article mentioned the acquisition by HP of Samsung’s printer business (or a bundle of Samsung patents if one thinks the IAM way) and added that “Samsung Electronics announced yesterday that it had reached an agreement to sell its printer business to HP for $1.05 billion. The deal, which will see Samsung shed a significant number of IP assets, marks the beginning of a new chapter for the Korean company as it seeks to slim down and refocus on core business areas.”

Samsung has a large number of patents (the largest by some criteria, as measured in particular patent offices), but the company rarely if even uses them to sue. It’s not quite in the Korean tradition (the same goes for LG). IAM views the deal as just a bunch of patents, but it’s the kind of misguided view which assumes patents are physical assets. The use of the term “IP”, moreover, is misleading. █

« Previous Page — « Previous entries « Previous Page · Next Page » Next entries » — Next Page »

Further Recent Posts

RSS 64x64RSS Feed: subscribe to the RSS feed for regular updates

Home iconSite Wiki: You can improve this site by helping the extension of the site's content

Home iconSite Home: Background about the site and some key features in the front page

Chat iconIRC Channels: Come and chat with us in real time

New to This Site? Here Are Some Introductory Resources

No

Mono

ODF

Samba logo






We support

End software patents

GPLv3

GNU project

BLAG

EFF bloggers

Comcast is Blocktastic? SavetheInternet.com



Recent Posts