European Parliament Kills Global Anti-Piracy Accord

European Parliament members applaud Wednesday vote defeating ACTA. Photo: European Parliament

The European Parliament on Wednesday declared its independence from a global anti-piracy accord, rejecting the Anti-Counterfeiting Trade Agreement.

The vote, 478-39, means the deal won’t come into effect in European Union-member nations, and effectively means the global accord is dead.

Its fate was also uncertain in the United States. Despite the President Barack Obama administration signing its intent to honor the deal last year, there was a looming constitutional showdown on whether Congress, not the Obama administration, held the power to sign the deal.

Overall, not a single nation has ratified ACTA, although Australia, Canada, Japan, Morocco, New Zealand, Singapore and South Korea last year signed their intent to do so. The European Union, Mexico and Switzerland, the only other governments participating in ACTA’s creation, had not signed their intent to honor the plan.

More than three years in the making and open for signing until May 2013, ACTA exports on participating nations an intellectual-property enforcement regime resembling the one in the United States.

Among other things, the accord demands governments make it unlawful to market devices that circumvent encryption, such as devices that copy encrypted DVDs without authorization. That is akin to a feature in the the Digital Millennium Copyright Act in the United States, where the law has been used by Hollywood studios to block RealNetworks from marketing DVD-copying technology.

ACTA, which the Obama administration maintains does not require Congressional approval, also calls on participating nations to maintain extensive seizure and forfeiture laws when it comes to counterfeited goods that are trademarked or copyrighted. Most important, countries must carry out a legal system where victims of intellectual property theft may be awarded an undefined amount of monetary damages.

In the United States, for example, the Copyright Act allows for damages of up to $150,000 per infringement. A Boston jury has dinged a college student $675,000 for pilfering 30 tracks on Kazaa, while a Minnesota jury has awarded the Recording Industry Association of America $1.5 million for the purloining of 24 songs online.

A U.S.-backed footnote removed from the document more than a year ago provided for “the termination” of internet accounts for online infringers.

Until European Union authorities began leaking the documents text more than a year ago, the Obama administration was claiming the accord was a “national security” secret.

Defunct Copyright Troll Seeks Resurrection

Photo: Doug Wildman/Flickr

Copyright troll Righthaven, which famously went defunct last year after an epic failure in trying to make money for newspapers by suing sites that reposted even parts of news stories, is seeking a second life.

Righthaven’s former chief executive wants a judge to resurrect the firm in order to appeal a court decision that found it was not infringement for an individual, who had no profit motive, to re-post an entire story online.

The copyright dispute is one of great importance in today’s digital world: whether reposting of an entire article, without permission, can amount to fair use of that work.

A Nevada federal judge ruled last year that a citizen’s re-posting of the story in an online forum was fair use in a decision that, in part, led to the unraveling of the Las Vegas-based trolling operation. Righthaven was ordered to pay legal fees and expenses in the case that amounted to more than $60,000, which the firm has refused to pay.

Without an appellate ruling affirming the fair-use decision, the opinion is not binding on other courts. Fair use is a copyright-infringement defense when a defendant reproduces a copyrighted work for purposes such as criticism, commentary, teaching and research. The defense is analyzed on a case-by-case basis.

Steve Gibson, Righthaven’s former chief executive, said if Righthaven prevails on appeal it could “return to a going concern” and satisfy its debts. But Gibson needs the court-appointed administrator of the company to allow the appeal to the 9th U.S. Circuit Court of Appeals.

Unfortunately for Gibson, the administrator won’t authorize it, arguing that Righthaven should pay its debts — more than $200,000 — instead of litigating further.

“Attempting to prevent the appellate process from coming to full fruition is not a just goal and hardly within the realm of equitable action,” Gibson wrote (.pdf) a Nevada federal judge Monday in demanding permission. “The right of appeal is a fundamental linchpin of our democratic structure.”

Gibson added that none of Righthaven’s assets are being used to pay for the appeal.

Continue Reading “Defunct Copyright Troll Seeks Resurrection” »

How Anonymous Picks Targets, Launches Attacks, and Takes Powerful Organizations Down

Image Design: Giles Revell

Image Design: Giles Revell

No one but Hector Xavier Monsegur can know why or when he became Sabu, joining the strange and chaotic Internet collective known as Anonymous. But we know the moment he gave Sabu up. On June 7, 2011, federal agents came to his apartment on New York’s Lower East Side and threatened the 28-year-old with an array of charges that could add up to 124 years in prison. So Hector Monsegur, who as Sabu had become a mentor and icon to fellow members of Anonymous, surrendered his online identity to a new, equally faceless and secretive master: the FBI.

For the next eight months, Sabu continued to rage across the Internet as a core member of AntiSec, a blackhat hacking group within Anonymous. He helped to deface government and corporate websites and even helped bring down the private intelligence firm Stratfor—all, apparently, with the FBI’s blessing as it quietly gathered logs on Monsegur’s fellow “anons.” Law enforcement officials later told Fox News that Monsegur was working out of the FBI offices “almost daily” in the weeks after he pleaded guilty in August and then from his own home thereafter, with an agent watching his activity 24 hours a day. Sometimes agents were even posing as Sabu directly. On Christmas, just after the Stratfor hack, Sabu and I happened to be logged into the same channel on IRC, the chatting protocol that serves as the medium through which most Anonymous members planned large-scale operations. I asked the AntiSec members if they were worried about a law enforcement response to Stratfor. Sabu shot back:

we’re used to that heat

we survived the first rounds of the raids

He was referring to a series of arrests that past summer that had scooped up, worldwide, at least 80 alleged participants in the group. At the time, it was hard to fault his reasoning, since those arrests seemed to have done nothing to slow the group’s terrifying onslaught in 2011. It was a year in which Anonymous burst into the geopolitical consciousness of the world, assisting Arab Spring activists and attacking the security industry, bedeviling law enforcement and intelligence agencies, carrying out countless hacks against Sony and other large corporations. As protest movements spread to the West, Anonymous provided them with crucial logistics (not to mention a great deal of media attention), from the BART protests in San Francisco to the Occupy actions across the US and overseas. Anonymous had figured out how to infiltrate anything, how to mobilize not just machines but physical bodies, all around the globe.

But Sabu hadn’t survived the first rounds of the raids, and thanks to the evidence he helped the Feds gather, more anons wouldn’t survive the next round. In February, Interpol rounded up 25 more alleged participants worldwide, and a few days later the FBI revealed Monsegur’s cooperation to the news media. Soon five more arrests were made, one from AntiSec and four from LulzSec, another hacker arm of the collective. The mood on the IRC channels, which at Christmas had been cocky and defiant, modulated to a genuine sadness. One anon wrote plaintively about getting programming advice from Sabu. Another summed up the general feeling among the anons about Sabu’s cooperation with the FBI:

Painting: Chrissy Angliker

Painting: Chrissy Angliker

In 2011, Anonymous figured out how to infiltrate anything, to mobilize not just machines but bodies. It was merely a speed bump for the collective but a massive emotional bitchslap for individuals

Was it really just a speed bump? It was impossible to say for sure, because Sabu’s arrest cut to the heart of what Anonymous claimed to be, of how it claimed to organize itself. Or, more accurately: its claim that it did not organize itself, that it had no leaders and yet boasted participants so innumerable (“We are Legion,” as one of its popular slogans blares) that no ten or hundred or thousand arrests could ever stop it. But in Sabu the FBI had nabbed an anon who was not easy to replace. No one could deny he had served as a crucial force in many of 2011′s most spectacular hacking campaigns. Presumably the anons arrested on the evidence he helped gather were talented hackers, too. For years, when anyone tried to claim they had uncovered the leader, or leaders, of Anonymous, the group’s members would belittle them online and then sometimes hack them for good measure. Now, with these arrests, Anonymous’ whole self-conception was being put to the test.

The possibility that Anonymous might be telling the truth—that it couldn’t be shut down by jailing or flipping or bribing key participants—was why it became such a terrifying force to powerful institutions worldwide, from governments to corporations to nonprofits. Its wild string of brilliant hacks and protests seemed impossible in the absence of some kind of defined organization. To hear the group and its defenders talk, the leaderless nature of Anonymous makes it a mystical, almost supernatural force, impossible not just to stop but to even comprehend. Anons were, they liked to claim, united as one and divided by zero—undefined and indefinable.

In fact, the success of Anonymous without leaders is pretty easy to understand—if you forget everything you think you know about how organizations work. Anonymous is a classic “do-ocracy,” to use a phrase that’s popular in the open source movement. As the term implies, that means rule by sheer doing: Individuals propose actions, others join in (or not), and then the Anonymous flag is flown over the result. There’s no one to grant permission, no promise of praise or credit, so every action must be its own reward.

What’s harder to comprehend—but just as important, if you want to grasp the future of Anonymous after the arrests—is the radical political consciousness that seized this innumerable throng of Internet misfits. Anonymous became dangerous to governments and corporations not just because of its skills (lots of hackers have those) or its scale but because of the fury of its convictions. In the beginning, Anonymous was just about self-amusement, the “lulz,” but somehow, over the course of the past few years, it grew up to become a sort of self-appointed immune system for the Internet, striking back at anyone the hive mind perceived as an enemy of freedom, online or offline. It started as a gang of nihilists but somehow evolved into a fervent group of believers. To understand that unlikely transformation, and Anonymous’ peculiar method of (non)organization, it is necessary to start at the very beginning.

Pages: 1 2 3 4 5 View All

Government Demands Growing for Twitter User Data

In its first ever transparency report, Twitter reported Monday that the United States leads the pack when it comes to government demands for user data, having filed 679 requests in the first half of the year.

Twitter Transparency Report

Worldwide, Twitter said it has received more government demands for data in the first six months of this year than all of last year.

In Twitter’s Transparency Report, it said it has complied with 75 percent of user-data disclosure demands by producing “some or all information” requested by U.S. authorities. Globally, the average was 63 percent.

Data previous to 2012 was not available. Twitter said it notifies its users of government demands “unless prohibited by law.”

The closest country behind the United States was Japan, which lodged 98 requests with a 20 percent Twitter compliance rate. The United Kingdom and Canada came in with 11 requests, with an 18 percent compliance rate. All of the other countries in the 23-nation Twitter report registered with less than 10 government demands.

“We’ve received more government requests in the first half of 2012, as outlined in this initial dataset, than in the entirety of 2011,” Twitter said on its blog.

The disclosure follows Google’s lead — nearly two years ago, when the search giant turned heads by publishing a treasure trove of data surrounding government demands for user data, in addition to information on the number of takedown notices connected to copyright infringement.

“Wednesday marks Independence Day here in the United States. Beyond the fireworks and barbecue, July 4th serves as an important reminder of the need to hold governments accountable, especially on behalf of those who may not have a chance to do so themselves,” Twitter said.

The Twitter report came the same day a New York state judge ordered the San Francisco-based microblogging site to divulge the tweets and account information allegedly connected to an Occupy protester.

Twitter did not say whether, at least in the United States, the authorities presented probable-cause warrants for user data. Manhattan Criminal Court Judge Matthew A. Sciarrino Jr.’s ruling Monday did not require local prosecutors to have probable cause to get the tweets and accompanying account information of an Occupy protester.

The company, however, listed a few reasons why it does not acquiesce to all government-issued, user-data requests.

“We do not comply with requests that fail to identify a Twitter user account. We may seek to narrow requests that are overly broad. In other cases, users may have challenged the requests after we’ve notified them,” Twitter said. Most famously, Twitter successfully fought to allow individuals being investigated for their connections to WikiLeaks to challenge requests for their Twitter data.

In a separate reporting category, Twitter said it received 3,378 requests to remove copyrighted material from Twitter in the United States for the first half of the year. The Digital Millennium Copyright Act requires internet service providers to remove works, at the copyright holder’s request, to avoid legal liability.

Overall, Twitter said it removed 38 percent of the material specified in the takedown requests. Among other reasons, Twitter said it does not comply with all requests because sometimes they “fail to provide sufficient information” or were “misfiled.”

Twitter also reported that it did not comply with any of the handful of requests from France, Greece, Pakistan, Turkey and the United Kingdom to remove content that is illegal in those nations.

Twitter’s not the first to follow Google’s transparency lead – Dropbox, LinkedIn, SpiderOak and SonicNet beat Twitter to it.

Among those who ought to be next: Facebook, AT&T, Verizon, Sprint, Yahoo, Comcast, Time Warner Cable, and Microsoft.

Twitter Ordered to Cough Up Occupy User Data

Photo: bogieharmond/Flickr

A New York judge has ordered Twitter to divulge the tweets and account information allegedly connected to an Occupy protester.

The case, which the judge called one of “first impression,” concerns Malcolm Harris, who was among hundreds arrested Oct. 1 in an Occupy movement march along the Brooklyn Bridge.

Prosecutors sought tweets made to Harris’ account “to refute the defendant’s anticipated defense, that the police either led or escorted the defendant into stepping onto the roadway of the Brooklyn Bridge.”

While the outcome was expected, the case was being closely watched as the authorities increasingly monitor and move to access material posted on social networks. And the decision comes as Twitter reported that, for the first six months of the year, the United States sought information on Twitter user accounts 679 times, and Twitter produced some or all of the information 75 percent of the time.

Prosecutors sought Harris’ Twitter information using a 2703 order, which allows authorities to obtain data without a warrant.

Manhattan Criminal Court Judge Matthew A. Sciarrino Jr. said in a filing released Monday that Harris has no expectation of privacy in his public tweets:

If you post a tweet, just like if you scream it out the window, there is no reasonable
expectation of privacy. There is no proprietary interest in your tweets, which you have now gifted to the world. This is not the same as a private email, a private direct message, a private chat, or any of the other readily available ways to have a private conversation via the internet that now exist. Those private dialogues would require a warrant based on probable cause in order to access the relevant information.

The judge said he would read the tweets privately before allowing any into the case. In a bid to corroborate that the tweets were posted by Harris, the judge authorized Twitter to turn over the account information connected to the account of @destructuremal, including any information Twitter had about the owner of the account, including his e-mail address. The authorities believe that account belongs to Harris.

Manhattan prosecutors were elated with the decision.

“We look forward to Twitter’s complying and to moving forward with the trial,” Chief Assistant District Attorney Daniel R. Alonso said in a statement.

It was the second time the judge had ruled on the Harris matter.

On April 20, Sciarrino denied Harris’ motion to quash the subpoena, saying he had no standing to fight the order because Harris had “no proprietary interests” in the account holder’s information or in the tweets. To back this assertion, the judge quoted from Twitter’s terms of service, which has subsequently been modified, stating that account holders granted Twitter “worldwide, non-exclusive” right to use use, copy, or display the content.

Since the defendant granted this license to Twitter by agreeing to the terms of service, this “demonstrates a lack of proprietary interests in his Tweets,” the judge wrote.

In response, Twitter stepped in and moved to quash the subpoena, (.pdf) which the judge denied:

While the U.S. Constitution clearly did not take into consideration any tweets by our founding fathers, it is probably safe to assume that Samuel Adams, Benjamin Franklin, Alexander Hamilton and Thomas Jefferson would have loved to tweet their opinions as much as they loved to write for the newspapers of their day (sometimes under anonymous pseudonyms similar to today’s twitter user names). Those men, and countless soldiers in service to this nation, have risked their lives for our right to tweet or to post an article on Facebook; but that is not the same as arguing that those public tweets are protected. The Constitution gives you the right to post, but as numerous people have learned, there are still consequences for your public posts. What you give to the public belongs to the
public. What you keep to yourself belongs only to you.

The American Civil Liberties Union blasted the outcome.

“The United States Supreme Court and courts around the country have repeatedly made clear that individuals whose constitutional rights are implicated by government requests for information to third parties have standing to challenge those third-party requests, and there’s no reason for the result to be different when Internet activities are at issue, regardless of whether individuals ‘own’ their Internet speech or whether the Internet companies ‘own’ it,” ACLU attorney Adam Fine said.

Twitter pointed out that prosecutors could have saved everyone the trouble of dealing with this in court if they had simply printed or downloaded the publicly available tweets themselves.

“To the extent the desired content is publicly available, the district attorney could presumably have an investigator print or download it without further burdening Twitter or the court,” Twitter wrote in its motion.

However, without the account information connected to the tweets, those messages might not be admissible in court.