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France Using Emergency Powers To Prevent Climate Change Protests (theguardian.com) 65

Bruce66423 writes: Following the Paris massacre, the French government declared a state of emergency. One of the regulations this introduced was control of large scale gatherings, and one of the events that is being caught up in this is planned protests to do with the Climate Change conference in Paris next month. This has resulted in some activists being put under house arrest — yet other gathering, such as commercial street markets — are being allowed to go ahead. Funny that; anyone would think that the government is using the opportunity to suppress dissent.

NSA To End Bulk Phone Surveillance By Sunday (reuters.com) 77

An anonymous reader writes: The White House announced today that the NSA will be shutting down the program responsible for the bulk collection of phone records by the end of tomorrow. The program will be immediately replace with a new, scaled back version as enumerated by the USA Freedom Act. "Under the Freedom Act, the NSA and law enforcement agencies can no longer collect telephone calling records in bulk in an effort to sniff out suspicious activity. Such records, known as "metadata," reveal which numbers Americans are calling and what time they place those calls, but not the content of the conversations. Instead analysts must now get a court order to ask telecommunications companies ... to enable monitoring of call records of specific people or groups for up to six months."

Swedish Court: ISPs Can't Be Forced To Ban the Pirate Bay (thelocal.se) 46

An anonymous reader writes: After years of rulings against The Pirate Bay around Europe, a Swedish court has now ruled that the country's ISPs can't be forced to block access to the torrent indexer. The case centers around copyright holders and an ISP called Bredbandsbolaget. The ISP refused to comply with demands that music pirates be cut off from internet access. When rightsholders couldn't get traction that way, they added Bredbandsbolaget to their list of targets. The court found that the ISP does not "participate" in copyright infringement carried out by its subscribers, and is thus not liable for any damages incurred.
The Courts

Czech Judge Cuts Deal With Software Pirate: Get 200K YouTube Views Or Pay Huge Fine 92

An anonymous reader writes: A judge allowed a software pirate to make a anti-piracy PSA and get away from paying a $373,000 / €351,000 fine he owed Microsoft and other software manufacturers. The only condition was that his video should get over 200,000 views on YouTube. From the BBC's coverage of the trial's unusual outcome: [The defendant, known only as Jakub F] came to the out-of-court settlement with a host of firms whose software he pirated after being convicted by a Czech court. In return, they agreed not to sue him. ... The firms, which included Microsoft, HBO Europe, Sony Music and Twentieth Century Fox, estimated that the financial damage amounted to 5.7m Czech Crowns (£148,000). But the Business Software Alliance (BSA), which represented Microsoft, acknowledged that Jakub could not pay that sum. Instead, the companies said they would be happy to receive only a small payment and his co-operation in the production of the video. In order for the firms' promise not to sue to be valid, they said, the video would have to be viewed at least 200,000 times within two months of its publication this week. ... But, if the video did not reach the target, the spokesman said that — "in theory" — the firms would have grounds to bring a civil case for damages."
The Courts

Insurer Refuses To Cover Cox In Massive Piracy Lawsuit (torrentfreak.com) 100

An anonymous reader writes with news that Cox Communications' insurer, Lloyds Of London underwriter Beazley, is refusing to cover legal costs and any liabilities from the case brought against it by BMG and Round Hill Music. TorrentFreak reports: "Trouble continues for one of the largest Internet providers in the United States, with a Lloyds underwriter now suing Cox Communications over an insurance dispute. The insurer is refusing to cover legal fees and potential piracy damages in Cox's case against BMG Rights Management and Round Hill Music. Following a ruling from a Virginia federal court that Cox is not protected by the safe-harbor provisions of the DMCA, the Internet provider must now deal with another setback. Following a ruling from a Virginia federal court that Cox is not protected by the safe-harbor provisions of the DMCA, the Internet provider must now deal with another setback."
Electronic Frontier Foundation

Judge Wipes Out Safe Harbor Provision In DMCA, Makes Cox Accomplice of Piracy (arstechnica.com) 222

SysKoll writes: The DMCA is well-known for giving exorbitant powers to copyright holders, such as taking down a page or a whole web site without a court order. Media companies buy services from vendors like Rightscorp, a shake-down outfit that issues thousands of robot-generated take-down notices and issues threats against ISPs and sites ignoring them. Cox, like a lot of ISPs, is inundated with abusive take-down notices, in particular from Rightscorp. Now, BMG Rights Management and Round Hill Music are suing Cox for refusing to shut off the Internet access of subscribers that Rightscorp accused of downloading music via BitTorrent. Cox argues that as an ISP, they benefit from the Safe Harbor provision that shields access providers from subscribers' misbehavior. Not so, says U.S. District Judge Liam O'Grady. The judge sided with the media companies ahead of trial, saying Cox should have terminated the repeat offenders accused by Rightscorp. Cox's response is quite entertaining for a legal document (PDF): its description of Rightscorp includes the terms "shady," "shake-down," and "pay no attention to the facts." O'Grady also derided the Electronic Frontier Foundation's attempt to file an amicus brief supporting Cox, calling them hysterical crybabies.
The Almighty Buck

"Clock Boy" Ahmed Mohamed Seeking $15 Million In Damages 799

phrackthat writes: The family of Ahmed Mohamed, the boy who was arrested in Irving, Texas has threatened to sue the school and the city of Irving if they do not pay him $15 million as compensation for his arrest. To refresh the memories of everyone, Ahmed's clock was a clock he disassembled then put into a pencil case that looked like a miniature briefcase. He was briefly detained by the Irving city police to interview him and determine if he intended for his clock to be perceived as a fake bomb. He was released to his parents later on that day and they publicized the matter and claimed Ahmed was arrested because of "Islamophobia".

Sued Freelancer Allegedly Turns Over Contractee Source Code In Settlement 129

FriendlySolipsist writes: Blizzard Entertainment has been fighting World of Warcraft bots for years. TorrentFreak reports that Bossland, a German company that operates "buddy" bots, alleges Blizzard sued one of its freelancers and forced a settlement. As part of that settlement, the freelancer allegedly turned over Bossland's source code to Blizzard. In Bossland's view, their code was "stolen" by Blizzard because it was not the freelancer's to disclose. This is a dangerous precedent for freelance developers in the face of legal threats: damned if you do, damned if you don't.
The Courts

Judge: Stingrays Are 'Simply Too Powerful' Without Adequate Oversight (arstechnica.com) 111

New submitter managerialslime sends news that an Illinois judge has issued new requirements the government must meet before it can use cell-site simulators, a.k.a. "stingrays," to monitor the communications of suspected criminals. While it's likely to set precedent for pushing back against government surveillance powers, the ruling is specific to the Northern District of Illinois for now. What is surprising is Judge Johnston’s order to compel government investigators to not only obtain a warrant (which he acknowledges they do in this case), but also to not use them when "an inordinate number of innocent third parties’ information will be collected," such as at a public sporting event. This first requirement runs counter to the FBI’s previous claim that it can warrantlessly use stingrays in public places, where no reasonable expectation of privacy is granted. Second, the judge requires that the government "immediately destroy" collateral data collection within 48 hours (and prove it to the court). Finally, Judge Johnston also notes: "Third, law enforcement officers are prohibited from using any data acquired beyond that necessary to determine the cell phone information of the target. A cell-site simulator is simply too powerful of a device to be used and the information captured by it too vast to allow its use without specific authorization from a fully informed court."

File Says NSA Found Way To Replace Email Program (nytimes.com) 93

schwit1 writes: Newly disclosed documents show that the NSA had found a way to create the functional equivalent of programs that had been shut down. The shift has permitted the agency to continue analyzing social links revealed by Americans' email patterns, but without collecting the data in bulk from American telecommunications companies — and with less oversight by the Foreign Intelligence Surveillance Court.

The disclosure comes as a sister program that collects Americans' phone records in bulk is set to end this month. Under a law enacted in June, known as the USA Freedom Act, the program will be replaced with a system in which the NSA can still gain access to the data to hunt for associates of terrorism suspects, but the bulk logs will stay in the hands of phone companies.

The newly disclosed information about the email records program is contained in a report by the NSA's inspector general that was obtained through a lawsuit under the Freedom of Information Act. One passage lists four reasons the NSA decided to end the email program and purge previously collected data. Three were redacted, but the fourth was uncensored. It said that "other authorities can satisfy certain foreign intelligence requirements" that the bulk email records program "had been designed to meet."


YouTube Defending Select Videos Against DMCA Abuse 56

Galaga88 writes: It's not a complete solution, but YouTube is going to begin stepping up to defend select videos in court on fair use terms, including covering court costs. Will this help stem the tide of bad DMCA takedown requests, or just help the select few YouTube doesn't want to lose? From the blog post linked: We are offering legal support to a handful of videos that we believe represent clear fair uses which have been subject to DMCA takedowns. With approval of the video creators, we’ll keep the videos live on YouTube in the U.S., feature them in the YouTube Copyright Center as strong examples of fair use, and cover the cost of any copyright lawsuits brought against them. ... In addition to protecting the individual creator, this program could, over time, create a “demo reel” that will help the YouTube community and copyright owners alike better understand what fair use looks like online and develop best practices as a community.

Chicago Sends More Than 100,000 "Bogus" Camera-Based Speeding Tickets 200

Ars Technica, based on an in-depth report (paywalled) at the Chicago Tribune, says that the city of Chicago has been misusing traffic cameras to trigger automated speeding tickets. In particular, these cameras are placed in places where there are enhanced penalties for speeding, putatively intended to increase child safety. The automated observation system, though, has been used to send well over 100,000 tickets that the Tribune analysis deems "questionable," because they lack the evidence which is supposed to be required -- for instance, many of these tickets are unbacked by evidence of the presence of children, or were issued when the speeding rules didn't apply (next to a park when that park was closed).
The Internet

New Anti-Piracy Law In Australia Already Being Abused (abc.net.au) 73

Gumbercules!! writes: A small Australian ISP has received a demand that it block access to an overseas website or face legal action in the Federal Court, in a case in which a building company is demanding the ISP block access to an overseas site with a similar name. This case is being seen as a test case, potentially opening the way for companies and aggregated customers to use the new anti-piracy laws to block access to companies or their competition. The ISP in question has obviously been selected because they're very small and have limited financial capacity to fight a legal case.

Manhattan DA Pressures Google and Apple To Kill Zero Knowledge Encryption (thestack.com) 291

An anonymous reader writes: In a speech to the 6th Annual Financial Crimes and Cybersecurity Symposium, New York County District Attorney for Manhattan Cyrus Vance Jr. has appealed to the tech community — specifically citing Google and Apple — to "do the right thing" and end zero-knowledge encryption in mobile operating systems. Vance Jr. praised FBI director James Comey for his 'outspoken' and 'fearless' advocacy against zero knowledge encryption, and uses the recent attacks on Paris as further justification for returning encryption keys to the cloud, so that communications providers can once again comply with court orders.

Carnegie Mellon Denies FBI Paid For Tor-Breaking Research (wired.com) 79

New submitter webdesignerdudes writes with news that Carnegie Mellon University now implies it may have been subpoenaed to give up its anonymity-stripping technique, and that it was not paid $1 million by the FBI for doing so. Wired reports: "In a terse statement Wednesday, Carnegie Mellon wrote that its Software Engineering Institute hadn’t received any direct payment for its Tor research from the FBI or any other government funder. But it instead implied that the research may have been accessed by law enforcement through the use of a subpoena. 'In the course of its work, the university from time to time is served with subpoenas requesting information about research it has performed,' the statement reads. 'The university abides by the rule of law, complies with lawfully issued subpoenas and receives no funding for its compliance.'"
The Courts

Taxi Owners Sue NYC Over Uber, While Court Overrules Class-Action Appeal (thestack.com) 210

An anonymous reader writes: Taxi owners in New York have filed a lawsuit against cab-hailing app giant Uber, citing damaged revenues and a hefty fall in value of NYC's 'medallion' business. The case against the city and its Taxi and Limousine Commission claims that the regulators have unfairly permitted Uber to steal away business from the regulated cab industry. Getting away without regulation has enabled Uber drivers to compete directly, and drown out official taxi companies. A further lawsuit case hovering over Uber this week, is its request to immediately appeal an order approving class certification filed by its own drivers. The appeal was denied by a U.S. court yesterday.
The Courts

Facebook Can Block Content Without Explanation, Says US Court (thestack.com) 147

An anonymous reader writes: A U.S. court has ruled that Facebook can block any content posted to its site without explanation, after a Sikh group legally challenged the company for taking its page offline. U.S. Northern District of California Judge Lucy Koh ruled that the U.S. based rights group's encouragement of religious discrimination is illegal under the Communications Decency Act, which protects 'interactive computer services' providers by preventing courts from treating them as the publishers of the speech created by their users.
The Courts

Terrorism Case Challenges FISA Spying (buzzfeed.com) 108

An anonymous reader writes: As we've come to terms with revelations of U.S. surveillance over the past couple years, we've started to see lawsuits spring up challenging the constitutionality of the spying. Unfortunately, it's slow; one of the difficulties is that it's hard to gain standing in court if you haven't been demonstrably harmed. A case before the 9th Circuit Appeals Court is now testing the Foreign Intelligence and Surveillance Act in a big way, and whatever the outcome, it's likely to head to the Supreme Court. The case itself is long and complicated; it centers on a teenager who joined a plot to detonate a huge bomb in Portland, Oregon in 2010, but his co-conspirators turned out to be undercover FBI agents.

The case history is worth a read, and raises questions about entrapment and impressionable kids. However, the issue now being argued in court is simpler: the defendant was a U.S. citizen, and the FBI used FISA powers to access his communications without a warrant. Crucially, they failed to notify the defendant of this before trial — something they're legally required to do. This gives him and his lawyers standing to challenge the constitutionality of the law in the first place. It's a difficult puzzle, with no clear answer, but oral arguments could begin as soon as January for one of the most significant cases yet to challenge the U.S. government's surveillance of its own citizens.


DoJ Going After Makers of Dietary Supplement (reuters.com) 161

schwit1 writes: Several federal agencies, including the U.S. Department of Justice, have announced criminal and civil actions related to unlawful advertising and sale of dietary supplements. "Six executives with USPlabs LLC and a related company, S.K. Laboratories, face criminal charges related to the sale of unlawful dietary supplements. Four were arrested on Tuesday and two are expected to surrender, the Justice department said. The indictment says that USPlabs used a synthetic stimulant manufactured in China to make Jack3d and OxyElite Pro but told retailers that the supplements were made from plant extracts." The FTC is working on this as well, and their press release has more details. The DoJ's case involves "more than 100 makers and marketers" of these supplements. It's about time.

Pandora To Buy Rdio Assets For $75M In Cash (techcrunch.com) 20

An anonymous reader writes: Pandora is acquiring music subscription service Rdio for $75 million in cash. "The transaction is contingent upon Rdio seeking protection in the United States Bankruptcy Court for the Northern District of California. Upon approval of the proposed transaction by the bankruptcy court, Rdio will be winding down the Rdio-branded service in all markets," Pandora said in a statement. TechCrunch reports: "That was fast: just as soon as it was reported that Pandora was in talks to buy Rdio, the two sides have confirmed that an acquisition is indeed taking place. Pandora has acquired "key assets" from Rdio for $75 million, the company has just announced. But as part of it, the Rdio service as we know it is tanking: the streaming service is shutting down and Rdio is filing for bankruptcy."