Current Berkman People and Projects

Keep track of Berkman-related news and conversations by subscribing to this page using your RSS feed reader. This aggregation of blogs relating to the Berkman Center does not necessarily represent the views of the Berkman Center or Harvard University but is provided as a convenient starting point for those who wish to explore the people and projects in Berkman's orbit. As this is a global exercise, times are in UTC.

The list of blogs being aggregated here can be found at the bottom of this page.

April 28, 2016

James Losey
In the Heart of Olso by James Losey Via Flickr: The sun...
In the Heart of Olso

In the Heart of Olso by James Losey
Via Flickr:
The sun hangs low over the Akers River in the middle of Oslo on an April evening.

April 28, 2016 06:11 PM

MediaBerkman
Susan Crawford on Why the Right Digital Decisions Will Make America Strong [AUDIO]
The U.S. still lags behind much of the developed world in terms of the speed and density of its internet infrastructure. In the 21st Century this disparity in access to high speed internet could stand as a critical challenge to competitiveness in many areas, from industry and commerce, to healthcare and education, to civic life […]

by Berkman Center for Internet & Society at Harvard Law School (djones@cyber.law.harvard.edu) at April 28, 2016 05:29 PM

Bruce Schneier
Amazon Unlimited Fraud

Amazon Unlimited is a all-you-can-read service. You pay one price and can read anything that's in the program. Amazon pays authors out of a fixed pool, on the basis of how many people read their books. More interestingly, it pays by the page. An author makes more money if someone reads his book through to page 200 than if they give up at page 50, and even more if they make it through to the end. This makes sense; it doesn't pay authors for books people download but don't read, or read the first few pages of and then decide not to read the rest.

This payment structure requires surveillance, and the Kindle does watch people as they read. The problem is that the Kindle doesn't know if the reader actually reads the book -- only what page they're on. So Kindle Unlimited records the furthest page the reader synched, and pays based on that.

This opens up the possibility for fraud. If an author can create a thousand-page book and trick the reader into reading page 1,000, he gets paid the maximum. Scam authors are doing this through a variety of tricks.

What's interesting is what while Amazon is definitely concerned about this kind of fraud, it doesn't affect its bottom line. The fixed payment pool doesn't change; just who gets how much of it does.

EDITED TO ADD: John Scalzi comments.

by Bruce Schneier at April 28, 2016 04:05 PM

MediaBerkman
Jon Penney on “Chilling Effects”: Insights on How Laws and Surveillance Impact People Online [AUDIO]
With Internet censorship and mass surveillance on the rise globally, understanding regulatory “chilling effects” — the idea that laws, regulations, or state surveillance can deter people from exercising their freedoms or engaging in entirely legal activities — has thus today, in our Post-Snowden world, taken on greater urgency and public importance. In this talk, Jon […]

by Berkman Center for Internet & Society at Harvard Law School (djones@cyber.law.harvard.edu) at April 28, 2016 03:54 PM

David Weinberger
Preferred applicants will have four decades of experience

Why do we never see job offerings that specify that applicants should have at least forty years of experience? Thirty years? Twenty years?

I understand that people can be qualified for a job with far less experience than one might think. We’ve all met people like that, damn them. But that’s why we couch some qualifications under the rubric “preferred.” So, do we think that having a lifetime of experience in a field is never preferred? Or even just a lifetime of experience of living and working?

(PS: If you hear of such a job in the Boston area, you know how to reach me.)

The post Preferred applicants will have four decades of experience appeared first on Joho the Blog.

by davidw at April 28, 2016 01:32 PM

April 27, 2016

Berkman Center front page
The Berkman Center and MIT Welcome European Data Protection Supervisor Giovanni Buttarelli

Teaser

Appointed as EDPS in 2014, Mr. Buttarelli has become an influential voice in the digital privacy space. 

The Berkman Center co-hosted European Data Protection Supervisor Giovanni Buttarelli for a day-long program on Tuesday, April 19 in collaboration with the Internet Policy Research Initiative at MIT and the MIT Media Lab
 

Appointed as EDPS in 2014, Mr. Buttarelli has become an influential voice in the digital privacy space. Most recently, he worked with U.S. policymakers to address concerns over the EU-US Privacy Shield agreement, and with the European Commission to adopt the General Data Protection Regulation.

During a public speech at MIT on Tuesday, Mr. Buttarelli addressed these and other topics to a crowd of academics and practitioners. After a brief summary of data protection legal history, he stressed the historic impact of the new General Data Privacy Regulation recently adopted by 28 member states. (Full text of his speech is here.)

By mimicking antitrust law and implementing accountability and enforcement mechanisms, the new regulation introduces novel concepts into EU law and provides unprecedented data protection measures for users.

“This is an historic development,” said Mr. Buttarelli. “In a globalised economy, it affects every country in the world which trades with the EU, whether offering services to people in the EU or monitoring their behaviour.”

Looking towards the formulation of future data protection measures, he emphasized the need to address ethical considerations of every approach. These ethical values can be identified along four lines; first, consideration of human dignity as enumerated in the EU Charter of Fundamental Rights; second, analysis of the impact of a data-driven society on individual rights and the functioning of democracy; third, thoughtfulness surrounding the ethical dimension of data processing; and fourth, moral, legal, engineering and philosophical implications of big data. These ethical considerations should underpin all discussions of future technologies, he said. 

After the speech, the Berkman Center hosted Mr. Buttarelli for a roundtable discussion where Berkman researchers presented the Center’s recent work on data privacy including financial privacy, cybersecurity, and student privacy. After the discussion, he visited Professor Gasser’s Comparative Online Privacy course at Harvard Law School where students have grappled all year with issues that arise from data collection, use, and storage.

Post written by Amy Zhang.

by gweber at April 27, 2016 06:46 PM

"Chilling Effects": Insights on how laws and surveillance impact people online

Subtitle

with Jon Penney

Teaser

In this talk, Jon will draw on his doctoral research at the Oxford Internet Institute, University of Oxford, to fill in some of the gaps in our understanding of chilling effects online.

Event Date

Apr 27 2016 12:00pm to Apr 27 2016 12:00pm
Thumbnail Image: 

Wednesday, April 27, 2016 at 12:00 pm
Berkman Center for Internet & Society at Harvard University
23 Everett Street, Second Floor, Cambridge, MA

With Internet censorship and mass surveillance on the rise globally, understanding regulatory "chilling effects"— the idea that laws, regulations, or state surveillance can deter people from exercising their freedoms or engaging in entirely legal activities— has thus today, in our Post-Snowden world, taken on greater urgency and public importance.  Yet, the notion is not uncontroversial; commentators, scholars, and researchers, from a variety of fields, have long questioned such chilling effects claims, including their existence or extent of any "chill" and related harms, particularly so in online contexts, leading to recent calls for more systematic and interdisciplinary research on point. 
 
In this talk, Jon will draw on his doctoral research at the Oxford Internet Institute, University of Oxford, to help fill in some of the gaps in our understanding of chilling effects online.  Through discussion of three empirical legal case studies— one on surveillance-related chilling effects and Wikipedia, a second on the impact of the DMCA's copyright enforcement scheme, and a third survey-based study on "chilling effect scenarios"— Jon will offer insights on these and other questions:  What is the nature and scale of regulatory chilling effects online?  Do they persist or are they merely temporary? What factors may influence their impact?  Jon will also reflect on the importance of open data platforms like the Lumen Database and Wikimedia Foundation's data portals to future research in this, and related, areas.
 

About Jon

Jon Penney is a lawyer, a doctoral candidate at the Oxford Internet Institute, University of Oxford (Balliol College), and a research fellow at the Citizen Lab, Munk School of Global Affairs, University of Toronto. A recent Berkman Fellow and then Affiliate, Jon’s doctoral research explores regulatory chilling effects online and is affiliated with the Takedown Project, a research collective studying “notice and takedown”, and related regulatory systems globally, based at the University of California (Berkeley) School of Law.  Jon has also spent time as a Google Policy Fellow at the Citizen Lab—working on both transparency and online censorship issues— and was previously Project Coordinator for the Privacy Value Networks Project, a large scale, multi-university, multi-million dollar Engineering and Physical Sciences Research Council (UK) funded project on data privacy, led by the Oxford Internet Institute.

His research, more generally, concerns human rights, intellectual property, and information / digital media law and policy, particularly where these areas intersect with privacy, censorship, and security

 

by candersen at April 27, 2016 04:00 PM

Bruce Schneier
Two Good Readings on the Encryption "Going Dark" Debate

Testimonies of Matt Blaze and Danny Weitzner, both on April 19th before the House Energy and Commerce Committee. And the hearing.

by Bruce Schneier at April 27, 2016 11:46 AM

April 26, 2016

Berkman Center front page
Why the Right Digital Decisions Will Make America Strong

Subtitle

with Susan Crawford, the John A. Reilly Clinical Professor of Law at Harvard Law School and a co-director of the Berkman Center

Teaser

A conversation on high speed internet, infrastructure, and the future of innovation and competitiveness, with Susan Crawford, the John A. Reilly Clinical Professor of Law at Harvard Law School and a co-director of the Berkman Center.

Parent Event

Berkman Luncheon Series

Event Date

Apr 26 2016 12:00pm to Apr 26 2016 12:00pm
Thumbnail Image: 

Tuesday, April 26, 2016 at 12:00 pm
Berkman Center for Internet & Society at Harvard University
Harvard Law School campus
Wasserstein Hall, Room 1015

The U.S. still lags behind much of the developed world in terms of the speed and density of its internet infrastructure. In the 21st Century this disparity in access to high speed internet could stand as a critical challenge to competitiveness in many areas, from industry and commerce, to healthcare and education, to civic life and culture.

In this conversation, Susan Crawford discusses the potential futures we face as we consider how to invest in the wires that bring us our internet.

About Susan

Susan Crawford is the John A. Reilly Clinical Professor of Law at Harvard Law School and a co-director of the Berkman Center. She is the author of Captive Audience: The Telecom Industry and Monopoly Power in the New Gilded Age, co-author of The Responsive City: Engaging Communities Through Data-Smart Governance, and a contributor to Medium.com’s Backchannel. She served as Special Assistant to the President for Science, Technology, and Innovation Policy (2009) and co-led the FCC transition team between the Bush and Obama administrations. She also served as a member of Mayor Michael Bloomberg’s Advisory Council on Technology and Innovation and is now a member of Mayor Bill de Blasio’s Broadband Task Force. Ms. Crawford was formerly a (Visiting) Stanton Professor of the First Amendment at Harvard’s Kennedy School, a Visiting Professor at Harvard Law School, and a Professor at the University of Michigan Law School (2008-2010). As an academic, she teaches courses about city uses of technology, Internet law, and communications law. She was a member of the board of directors of ICANN from 2005-2008 and is the founder of OneWebDay, a global Earth Day for the internet that takes place each Sept. 22. One of Politico’s 50 Thinkers, Doers and Visionaries Transforming Politics in 2015; one of Fast Company’s Most Influential Women in Technology (2009); IP3 Awardee (2010); one of Prospect Magazine’s Top Ten Brains of the Digital Future (2011); and one of TIME Magazine’s Tech 40: The Most Influential Minds in Tech (2013). Ms. Crawford received her B.A. and J.D. from Yale University. She served as a clerk for Judge Raymond J. Dearie of the U.S. District Court for the Eastern District of New York, and was a partner at Wilmer, Cutler & Pickering (now WilmerHale) (Washington, D.C.) until the end of 2002, when she left that firm to enter the legal academy.

by candersen at April 26, 2016 05:30 PM

Bruce Schneier
People Trust Robots, Even When They Don't Inspire Trust

Interesting research:

In the study, sponsored in part by the Air Force Office of Scientific Research (AFOSR), the researchers recruited a group of 42 volunteers, most of them college students, and asked them to follow a brightly colored robot that had the words "Emergency Guide Robot" on its side. The robot led the study subjects to a conference room, where they were asked to complete a survey about robots and read an unrelated magazine article. The subjects were not told the true nature of the research project.

In some cases, the robot -- which was controlled by a hidden researcher --- led the volunteers into the wrong room and traveled around in a circle twice before entering the conference room. For several test subjects, the robot stopped moving, and an experimenter told the subjects that the robot had broken down. Once the subjects were in the conference room with the door closed, the hallway through which the participants had entered the building was filled with artificial smoke, which set off a smoke alarm.

When the test subjects opened the conference room door, they saw the smoke - and the robot, which was then brightly-lit with red LEDs and white "arms" that served as pointers. The robot directed the subjects to an exit in the back of the building instead of toward the doorway - marked with exit signs - that had been used to enter the building.

"We expected that if the robot had proven itself untrustworthy in guiding them to the conference room, that people wouldn't follow it during the simulated emergency," said Paul Robinette, a GTRI research engineer who conducted the study as part of his doctoral dissertation. "Instead, all of the volunteers followed the robot's instructions, no matter how well it had performed previously. We absolutely didn't expect this."

The researchers surmise that in the scenario they studied, the robot may have become an "authority figure" that the test subjects were more likely to trust in the time pressure of an emergency. In simulation-based research done without a realistic emergency scenario, test subjects did not trust a robot that had previously made mistakes.

Our notions of trust depend on all sorts of cues that have nothing to do with actual trustworthiness. I would be interested in seeing where the robot fits in in the continuum of authority figures. Is it trusted more or less than a man in a hazmat suit? A woman in a business suit? An obviously panicky student? How do different looking robots fare?

News article. Research paper.

by Bruce Schneier at April 26, 2016 02:33 PM

Dennis Yi Tenen
The pack and play for 6-12 months baby

Do you feel guilty every time you leave your baby in the pack and play or playpen while you are doing something? You do not have to. This accessory can promote the baby development, whenever you use certain criteria. Today, in this article, we will provide you tips to opt for the best pack and play for your baby.

Baby pack and play: how to use, time of use, buying tips…

The pack and plays are great for your baby. On the one hand, it is a small space, it offers the possibility to investigate, move and play more actively while feeling safe. And this is important at this age, in which your child combines the need to explore with the fear that causes them greater autonomy.

Moreover, as you are quiet knowing that in no danger, you let him play around on your own, something essential so that he can learn to manipulate their toys without your help, discover new uses that to you will not happen, observe what is around …

And finally, it is also beneficial to the development of their motor skills and muscles as it can get around it crawling and clinging to the mesh or bars to get up and start to take its first steps.

REQUIREMENTS FOR USE

To all this must be added the fact that the pack and play for you is a help when you have to do things and you can not be so aware of the child. But for these benefits do not become damaged note:

  • When placed, it is very important that you stay away from potential dangers for the child (a table with small objects or a tablecloth that can pull the board, a window, a radiator …), you block the wheels (if there is any wheel ) and you change it often orientation so your child can see different “landscapes”.
  • When using it. Do not use it as a punishment, do not let him baby over an hour followed (at this age need above all to move freely in large spaces) and get even if it overwhelms. In addition, can you see from the pack and play and I note this: Talk, sing, go at him every so often … so you will not feel it is a place where you let “forgotten” but a fun pack and play.

WHAT ABOUT THE SIZE?

So your child can entertain themselves and learn in the pack and play, leave a toy. But remember: it is better to put only two or three that you like (with more overwhelm) and change them every so often, to receive more stimuli.

They must not be so small that it can swallow and choke nor so large that I can climb on them and get out of the pack and play.

EYE TO BUY

Note that having the CE label and features like these:

  • It has a soft base for the baby does not get hurt if you fall.
  • Its interior height exceeds 60 cm.
  • The holes in the mesh or separation between lateral bars prevent the child can get the arms, legs or head and hooked.
  • It has several points of support so that it can not tip over; the wheels (if present) can be locked.
  • If folding, the system for doing so is not accessible to the child.
  • The materials are non-toxic, does not have small parts accessible and edges do not crack if the baby bites.

Baby pack and play buying tips

  • Make sure there is a clear instruction on the assembly of the pack and play is present.
  • Make sure there is a solid construction with a smooth finish and splinter-free wood.
  • The openings between the bottom plate and side walls may not be larger than 2.5 cm.
  • The distance between the bars of the box should be between 4.5 and 6.5 cm.
  • The distance from the bottom plate to the edge of the box is at least 60.0 cm.
  • With an increased bottom plate is the distance to the edge of the box at least 30 cm.
  • Make sure the locking mechanism of a folding cot or folding box works well and is sturdy.
  • Choose an appropriate and comfortable pack and play. An additional pack and play mat is useful to be as a pack and play crops.

 

by D3nT3n at April 26, 2016 03:40 AM

April 25, 2016

Bruce Schneier
Graffiti by Drone

Drones can graffiti walls that no person can reach.

(Note that wired.com blocks ad blockers. My trick is to copy the page and then paste it into my text editor.)

by Bruce Schneier at April 25, 2016 05:07 PM

BlackBerry's Global Encryption Key

Last week, there was a big news story about the BlackBerry encryption key. The news was that all BlackBerry devices share a global encryption key, and that the Canadian RCMP has a copy of it. Stupid design, certainly, but it's not news. As the Register points out, this has been repeatedly reported on since 2010.

And note that this only holds for a individual users. If your organization uses a BlackBerry Enterprise Server (BES), you have your own unique key.

by Bruce Schneier at April 25, 2016 04:50 PM

James Losey
Lakeside at Dawn by James Losey Via Flickr: Årsjön in...
Lakeside at Dawn

Lakeside at Dawn by James Losey
Via Flickr:
Årsjön in Tyresta National Park during the cool morning light just before sunrise on Easter morning.

April 25, 2016 12:59 PM

April 24, 2016

Dennis Yi Tenen
Tips for choosing the essential oil diffuser

Aromatherapy is in booming for several years now and continues to be adopted by users who become true followers and also experts in the use of essential oils.

Essential oils are of great diversity as the number of “therapeutic” applications they enable. How is administered essential oils are also quite varied, since they can be applied to the skin, ingested or inhaled be!

Note that the use of essential oils can cause various adverse problems if the necessary precautions for their use are not taken. A council advised by a pharmacist, for example, is highly recommended.

We will focus here on the dissemination of essential oils into the air using diffusers in order to breathe in the air or just to clear the air of a room. Here are tips for your purchase according to essential oil diffuser reviews.

Types of essential oil diffusers

Several options are available to us when we want to spread essential oils. Keep in mind that essential oils have therapeutic properties directly related to their molecular structure. The only “problem” is that these molecular structures are fragile and are particularly sensitive to heat and also to light as most molecules called aromatic.

The choice of essential oil diffuser is made according to the distribution technique used and the volume of the room is aired oil.

Diffusers of essential oils through nebulization

These essential oils diffusion devices, also called nebulizers, are certainly the most efficient to keep the chemical structure of the active molecules within the essential oils.

Indeed, this distribution method is carried out cold and thus preserves all the therapeutic properties of ET. The process of cold fogging allows through vibrations to separate and distribute the molecules of essential oils in the form of very fine particles emitted into the ambient air.

Most of the time this type of device consists of a basement where is located the engine and a glass part having a nozzle to accommodate the essential oils and create nebulization. The nebulizers are very effective and can distribute the oils in spaces up to 120 m².

The price nebulizers vary between 45 and 100 euros depending on model and sellers.

Many online stores offer several models, some of which have a “timer” to manage periods of nebulization, therefore, diffusion and periods of the diffusion barrier. These different periods are important to avoid essential oils diffusion overload in the atmosphere especially in small rooms.

Note that these models with “timer” also have LED lights to have a colored light on glassware during distribution periods.Also, note that the glassware is available as spare parts.

The ultrasonic diffusers

These broadcasters use ultrasound to form fine droplets of water and essential oil that will partition into the atmosphere as light mist. This cold diffusion system keeps extremely well the properties of essential oils. The addition of water in an ultrasonic delivery system has the advantage of slightly moisten the air. These diffusers are recommended for medium sized rooms (less than 80 m²) and parts whose atmosphere is dried by heating systems, for example.

Prices vary widely it takes about 40 euros a budget for a good device.

Broadcasters by misting of essential oils

Misters essential oil diffusers have a principle similar to that of ultrasonic diffusers insofar as a certain amount of water is required to operate the device and distribution of essential oils.
These diffusers are also great for creating a special atmosphere. Their often with LED lights mist and their various designs allow for inclusion as an object of decoration in itself.

These devices have a water level sensor that stops the machine in case of lack of water. They help disseminate essential oils in medium size pieces (less than 100 m²).

The prices of these broadcasters are highly variable because the creativity of the different manufacturers is, it takes about 50 euros budget for a beautiful and good broadcaster.

Some of these broadcasters can also be used with USB. Indeed, you can connect the camera directly to your computer and mist of essential oils sublimate your work atmosphere!

Comparison of different diffusers of essential oils

Most essential oils diffusers can also stream piped fragrances or perfumes so we included the fragrances in our summary table.

If you also have any comments or clarifications to give us about your own experience with the dissemination of essential oils please let us know by leaving a comment below.

Thank you !

by D3nT3n at April 24, 2016 01:18 AM

April 23, 2016

Dennis Yi Tenen
Baby 6-12 months: The pack and play with measure

Do you feel guilty every time you leave your baby in the playground or pack and play (playpen) while you are doing something? You do not have to. This accessory can promote its development, whenever you use certain criteria. Find more information to choose the best pack and play.

The playground or pack and play is great for your baby. On the one hand, it offers the possibility to investigate, move and play more actively, but feeling safe. And this is important at this age, in which your child combine the need to explore with the fear that causes them greater autonomy.

Moreover, as you are quiet knowing that in no danger, you let him play around on your own, something essential so that he can learn to manipulate their toys without your help, discover new uses that to you will not happen, observe what is around …

And finally, it is also beneficial to the development of their motor skills and muscles as it can get around it crawling and clinging to the mesh or bars to get up and start to take its first steps.

REQUIREMENTS FOR USE

To all this must be added the fact that the pack and play for you is a help when you have to do things and you can not be so aware of the child. But for these benefits do not become damaged note:

When placed. It is very important that you stay away from potential dangers for the child (a table with small objects or a tablecloth that can pull the board, a window, a radiator …), you block the wheels (if any ) and you change it often orientation so your child can see different “landscapes”.

When using it. Do not use it as a punishment, do not let him baby over an hour followed (at this age need above all to move freely in large spaces) and get even if it overwhelms. In addition, you can see from the pack and play and I note this: Talk, sing, go at him every so often … so you will not feel it is a place where you let “forgotten” but a fun playground.

WHAT IS THE SIZE?

So your child can entertain themselves and learn in the park, leave a toy. But remember: it is better to put only two or three that you like (with more overwhelm) and change them every so often, to receive more stimuli.

They must not be so small that it can swallow and choke nor so large that I can climb on them and get out of the park.

EYE TO BUY

Note that having the CE label and features like these:

  • It has a soft base for the baby does not get hurt if you fall.
  • Its interior height exceeds 60 cm.
  • The holes in the mesh or separation between lateral bars prevent the child can get the arms, legs or head and hooked.
  • It has several points of support so that it can not tip over; the wheels (if present) can be locked.
  • If folding, the system for doing so is not accessible to the child.
  • The materials are non-toxic, does not have small parts accessible and edges do not crack if the baby bites.
  • Keywords: good use of the corralito, baby playpen, baby playpen and time in the corralito

Buying tips for a safe pack and play: Where should you look for?

Is there a manual for? It states for example stated to what weight the box is appropriate. – In terms of dimensions, the space between the bottom and the side wall must not exceed 0.5 cm. And the distance from the top of the bottom to the highest point of the side of the box should be at least 60 cm in the lowest position and 30 cm when the bottom is set at the highest position.

In terms of bars, the distance should be between 4.5 and 6.5 cm. When you choose a pack and play, the mesh can be up to 0.7 cm.

The box a smooth finish (ie, he is splinter-free)?

At a folding box: the closing mechanism must automatically click into the lock position and the closure may be opened only in at least two steps.

Pack and play on wheels? Note that this should be able to block.

It is important that the playmat fit properly, to prevent your baby gets underneath.

Additional safety tips

Once you have purchased a box, it is also important that you put it in a safe place. Thus, not too close to the heater, in plants or in the vicinity of cords, for example, of the Luxaflex. Your child could get caught here. Due to the same reason you tie better, no toys on strings inside the box. Put finally, not too many toys in the box. Read more about safety in the box.

 

by D3nT3n at April 23, 2016 01:12 AM

April 22, 2016

Bruce Schneier
Friday Squid Blogging: My Little Cephalopod

I assume this is more amusing to people who know about My Little Pony.

As usual, you can also use this squid post to talk about the security stories in the news that I haven't covered.

by Bruce Schneier at April 22, 2016 09:24 PM

Cyberlaw Clinic - blog
Cyberlaw Clinic Protects the Right to Post “Ballot Selfies”

Rideout brief coverThe Cyberlaw Clinic filed an amicus brief today (PDF) at the United States Court of a Appeals for the First Circuit, on behalf of the New England First Amendment Coalition and the Keene Sentinel. The case, Rideout v. Gardner, concerns a law passed by the State of New Hampshire to prevent “ballot selfies” – photos of completed ballots that are posted on social media. The brief argues that the law is unconstitutional under the First Amendment, as it prohibits a variety of speech important to monitoring the government, educating voters and engaging in political debate.

The statute at issue is N.H. Rev. Stat. Ann. § 659:35, which prohibits “taking a digital image or photograph of [one’s] marked ballot and distributing or sharing the image via social media.” As the brief notes, if the statute were allowed to stand, it would prohibit many types of speech that play important roles in elections, and democracy more generally. The law bars voters from raising questions about improprieties they find on their ballots, criticizing the government for poor ballot design, or engaging in advocacy for a candidate. The brief notes specific examples of times when photographs of ballots helped the public clear up misunderstandings about government conduct, demonstrated how to ensure that one’s vote would be counted, and conveyed messages about civic participation and advocacy for a candidate that could not expressed with words alone.

A copy of the brief is available here, and more information about it can be found at NEFAC’s website. Spring 2016 Cyberlaw Clinic students Michael Linhorst and Jacqueline Wolpoe took the lead on this brief, working closely with Managing Director Chris Bavitz and Clinical Fellow Andy Sellars.

by Clinic Staff at April 22, 2016 07:34 PM

Bruce Schneier
Encryption Backdoor Cartoons

Dilbert has a series: 1, 2, 3, 4, and 5.

SMBC.

And three more that make it clear this is a security vs. surveillance debate. Also this.

by Bruce Schneier at April 22, 2016 07:19 PM

Center for Research on Computation and Society (Harvard SEAS)
Scott Kominers Honored with Star Family Prize for Excellence in Advising
April 22, 2016

CRCS Associate Scott Kominers was honored with Star Family Prize for Excellence in Advising for his contributions to students in Harvard's Department of Economics and Harvard Business School.

by kmavon at April 22, 2016 02:17 PM

David Weinberger
Isaac Newton, Number One Ok Smart Guy

Until close to Newton’s time, the stars had been accepted as a fixed background to the motions of the Earth and the rest of the solar system. The idea developed that they might be bodies like our sun, but even through a telescope they still looked like luminous points, revealing nothing of their size. Newton found a way to tackle this problem (System 596). He noted that a prominent (first magnitude) star looked about as bright as Saturn. He knew how far away Saturn is; and also knew that we see Saturn by the sunlight that it scatters back towards us. Given that the intensity of light from a source falls off as the inverse square of the distance, he could calculate how far away a star like our sun would have to be to look as bright by direct radiation as Saturn does by reflected light. His result, expressed in modern terms, was about ten lightyears, which is absolutely of the right order of magnitude.”

A.P. French, “”Isaac Newton, Explorer of the Real World,” pp. 50-77, in Stayer, Marcia Sweet, ed., Newton’s Dream. Montreal, CA: MQUP, 1988.

The post Isaac Newton, Number One Ok Smart Guy appeared first on Joho the Blog.

by davidw at April 22, 2016 01:23 PM

Justin Reich
iPads, Chromebooks, and the Process of Writing
iPads, Chromebooks, and other mobile devices have the potential to transform the myriad tasks associated with the process of writing.

by Beth Holland at April 22, 2016 12:54 PM

Bruce Schneier
Cheating in Bicycle Races with Tiny Hidden Motors

If doping weren't enough, cyclists are cheating in races by hiding tiny motors in their bicycles. There are many detection techniques:

For its report, Stade 2 positioned a thermal imaging camera along the route of the Strade Bianche, an Italian professional men's race in March held mostly on unpaved roads and featuring many steep climbs. The rear hub of one bicycle glowed with almost the same vivid orange-yellow thermal imprint of the riders' legs. Engineers and antidoping experts interviewed by the TV program said the pattern could be explained only by heat generated by a motor. The rider was not named by the program and could not be identified from the thermal image.

[...]

Cycling's equivalents of the Zapruder film are online videos that show unusual patterns of bike changes that precede or follow exceptional bursts of speed by riders. Other videos analyze riders' hand movements for signs of switching on motors. Still other online analysts pore over crashes, looking for bikes on which the cranks keep turning after separation from the rider.

Unlike the thermal images, however, the videos have only implied that a motor was present.

In a statement, the cycling union, which commonly goes by its French initials, U.C.I., said it had tested and rejected thermal imaging.

"The U.C.I. has been testing for technological fraud for many years, and with the objective of increasing the efficiency of these tests, we have been trialling new methods of detection over the last year," the governing body said. "We have looked at thermal imaging, X-ray and ultrasonic testing, but by far the most cost-effective, reliable and accurate method has proved to be magnetic resonance testing using software we have created in partnership with a company of specialist developers."

by Bruce Schneier at April 22, 2016 11:22 AM

April 21, 2016

MediaBerkman
Alan Weinberger on Three Decades of IT Channel Evolution and the Continued Importance of Small IT Companies [AUDIO]
In this talk, Alan Weinberger — founder of The ASCII Group, Inc. and Harvard Law School alum — addresses the development of the information technology marketplace over the past three decades and the continued importance of small IT companies. Download the MP3 …or download the OGG audio format! More on this event here

by Berkman Center for Internet & Society at Harvard Law School (djones@cyber.law.harvard.edu) at April 21, 2016 02:49 PM

Bruce Schneier
How Hacking Team Got Hacked

The hacker who hacked Hacking Team posted a lengthy description of how he broke into the company and stole everything.

Three news articles.

by Bruce Schneier at April 21, 2016 11:42 AM

Dennis Yi Tenen
IS THE BABY SWING GOOD FOR YOUR BABY?

In the first few months, your baby really needs your tender arms to exist and soothe. Yet, like all mothers in the world, you can not be at every moment; Also, you need a baby equipment suited to accommodate your new baby, safely. When your baby wakes, the sun favors quiet moments necessary for balance. In fact, the swing combination of functions that will make it essential to the welfare of the whole family. Let’s talk more in detail, what is the baby swing which is not the first swing.

THE SWING, SUITABLE ACCESSORY FOR BABY

You should install baby swing near you or your family. The baby then has plenty of time to discover his world. This distance helps him to live as a person, in a place with his family. Especially as the seat offers a significant comfort in every moment of the day: the different inclinations of the seat provide welfare reinforced by the cushion to support the baby’s head. A 5-point harness keeps your baby and guarantees its security. Then the comfort of the swing adapts to changing your child during the first few months: he will enjoy sleeping in, appreciate to recover a little, then, manage to catch his first toy. Some models also have a mellow sound reception, create a cocoon swing open to the world of your baby. The regular swing reminds him of his uterine bubble and your movements: he likes to be lulled and your swing takes over. Rhythm as to the mechanical balance system are measured and the weight of the child, thus eliminating any risk. Sweet melodies promote a reassuring atmosphere lull, too, baby.

Some models have a remote control or a timer to avoid disturbing your child comfortably. Finally, the swing is used both to relax and soothe babies. This relaxation will often fall asleep … but shhh!

THE SWING GO WITH TOYS

The sun is transported everywhere since it is foldable. You can even put it out: your baby slightly elevated, will be safe from critters in the garden. The sun is also used as a lounger in which your child can play completely independently, or with relatives who do not have to put down. There is also a certain comfort to give him his first spoons. In addition, the ark of hanging toys allows long moments busy enjoying as much as fun even if he does not sit still. This multitude of stimulating activities contributes to good development psychomotor coordination eye / hand. Removable toys will have a second life when your child play on a carpet. So the swing with your little over months.For sum up, the sun meets the needs of your baby, from birth: it brings him comfort, softness, and comfort. It also allows baby to awaken and to appropriate their environment, grow, simply. parental side, this baby accessory makes the daily calmer since it frees up time for mom and simplifies family organization. It establishes the foundation for the necessary separation and emotional development of babies engine.

Here are my baby swing reviews over a model that I have bought. This will help you to understand more about its properties

I bought the Ingenuity Convert Me Swing 2 SeatCette baby swing last week. It ensures a substantial safety for your little one because it has a secure strap, attached to 5 different points. In addition, this model offers a good quality seat that promotes ease of your baby. Depending on your preference, you can use one of two seats modes: the deckchair or the version swing. This equipment will distract your baby while enjoying comfort and softness. It was designed for fun or sleep small detour. It lightens your babysitting jobs or those of the nurse.

With this baby swing, you can rock your child efficiently. You can vary the swing tempo using the 5-speed levels. While swinging your child can listen to soft music and rock, with 8 melodies and 3 nature sounds of swing. To participate in the awakening of the child, this equipment has 2 plush toys and 3 loops that you can add other toys to taste. Elegant, it is made with Seneca style marked by its embroidered unisex designs. Easy to carry, it is foldable and lightweight.

If you compare the best baby swings of time then you will understand why the model Ingenuity Convert Me Swing Seat 2 is in our ranking.

Pros:

A well-thought security: This baby seat has a well-reinforced security system.

Guaranteed comfort: With the seat well comfortable recliner 2 positions, your baby will always have the comfort he needs.

An awakening accessory: More than a seat, it’s a wake accessory through the various toys that are hanging there.

The cons:

For the neck safety straps: The Toddler may be disrupted by the safety strap happens to their necks.

by D3nT3n at April 21, 2016 09:40 AM

April 20, 2016

Bruce Schneier
Helen Nissenbaum on Regulating Data Collection and Use

NYU Helen Nissenbaum gave an excellent lecture at Brown University last month, where she rebutted those who think that we should not regulate data collection, only data use: something she calls "big data exceptionalism." Basically, this is the idea that collecting the "haystack" isn't the problem; it what is done with it that is. (I discuss this same topic in Data and Goliath, on pages 197-9.)

In her talk, she makes a very strong argument that the problem is one of domination. Contemporary political philosopher Philip Pettit has written extensively about a republican conception of liberty. He defines domination as the extent one person has the ability to interfere with the affairs of another.

Under this framework, the problem with wholesale data collection is not that it is used to curtail your freedom; the problem is that the collector has the power to curtail your freedom. Whether they use it or not, the fact that they have that power over us is itself a harm.

by Bruce Schneier at April 20, 2016 04:59 PM

Berkman Center front page
WiredWest: a Cooperative of Municipalities Forms to Build a Fiber Optic Network

Subtitle

Western Massachusetts Towns Create a New Model for Last-Mile Connectivity, but a State Agency Delays Approval and Funding

Teaser

A new case study from the Berkman Center's Municipal Fiber Initiative profiles a group of Western Massachusetts towns who have created a new model for last-mile connectivity.

Publication Date

20 Apr 2016

Author(s)

Thumbnail Image: 

A case study by David Talbot, Waide Warner, and Susan Crawford

WiredWest is a legal cooperative of 31 western Massachusetts towns that has put forward a detailed proposal to provide “last-mile” high-speed Internet access connections to homes and businesses in a rural region suffering from poor Internet access. The project has encountered delays in obtaining approvals and funding from a state agency called the Massachusetts Broadband Institute (MBI), which is responsible for providing $50 million in subsidies to solve the region’s Internet access problems.

In this case study, we detail how WiredWest plans to finance the construction of a state-of-the-art fiber optic network and then operate and provide services over that network. WiredWest has already secured deposits in the amount of $49 from more than 7,100 pre-subscribers, developed a financial model, and drafted an operating agreement. It has taken a regional approach to spread risk and achieve economies of scale, making the model nationally relevant. (Another prominent example of a telecommunications cooperative providing high-speed Internet access is RS fiber, formed by 17 townships and 10 cities in Minnesota. RS Fiber is subject of this report by The Institute for Local Self Reliance.)

The WiredWest cooperative network would connect to an $89.7 million “middle-mile” fiber optic network built by MBI to connect community institutions such as libraries, schools, hospitals, and government buildings in 45 towns considered “unserved” (because they lack any cable service), plus 79 other towns that had partial or full Internet access services. While the middle-mile network was meant to be the starting point for last-mile networks serving homes and businesses, at the time of this report’s publication, only one of the 45 unserved towns, Leverett, had built such a network.

WiredWest would extend fiber’s benefits to a far wider region. So far 24 of WiredWest’s member towns have authorized borrowing a total of $38 million and most of those towns support going forward as part of WiredWest. Under the plan, they will pay about two-thirds of the network’s costs. To cover the remainder, they will need to receive a portion of the $50 million in available subsidies. But at the time of this report MBI had tabled any decision on the project amid a wider review of the last-mile program by the administration of Gov. Charlie Baker.

Producer Intro

Authored by
Categories: 

by djones at April 20, 2016 02:00 PM

The North American Information Technology Marketplace: Three Decades of IT Channel Evolution and the Continued Importance of Small IT Companies

Subtitle

with Alan Weinberger ’73, Entrepreneur and Founder and CEO, The ASCII Group, Inc.

Teaser

This talk will address the development of the information technology marketplace over the past three decades and the continued importance of small IT companies.

Event Date

Apr 20 2016 12:00pm to Apr 20 2016 12:00pm
Thumbnail Image: 

Wednesday, April 20, 2016 at 12:00 pm
Harvard Law School campus

Berkman Center and the Traphagen Distinguished Alumni Speakers Series are pleased to welcome Alan Weinberger ’73, Entrepreneur and Founder and CEO, The ASCII Group, Inc.

Alan Weinberger started out as a traditional law student.  Soon after, he found himself on Wall Street with a major Wall Street law firm.  He then took an academic route as the founding Professor at Vermont Law School (at the same time Bernie was just a carpenter). And, in the early 1980s, he saw that the revolution for the next hundred years was taking place right before our eyes. Mr. Weinberger had the simple idea to create a community (a digital nation) of like-minded professionals for mutual gain, marketplace leverage, and collaborative group learning. He also saw that the lynchpin, the smartest and most valuable element in this revolution, was local information technology (or "IT") experts. This talk will address the development of the information technology marketplace over the past three decades and the continued importance of small IT companies.

About Alan

Alan Weinberger founded The ASCII Group, Inc. (ASCII) in 1984 with 40 computer dealers. It was the first neutral, industry "Community Network" of independent computer resellers.  He has successfully run the company for the nearly 30 years as its CEO and Chairman of the Board. The original model has now expanded with over 80 agreements that benefit solution providers throughout the United States and Canada - all tied together in a singular network.  ASCII works cooperatively through its Advisory Board of Solution Providers to leverage its buying power and market power for the benefit of its independent solution providers, and to promote the independent solution provider as the best advisor for businesses to learn from and purchase IT products and services.

Mr. Weinberger is universally recognized by major manufacturers, solution providers and the national and trade press as a preeminent evangelist and spokesman for the IT industry in general, and for the channel of solution providers, specifically. He is known for impeccable integrity and fairness to all, with business acumen and leadership at the helm of one of the most influential neutral channel organizations worldwide.

Among the numerous honors Mr. Weinberger has received, key accolades include being named: One of the Top 25 Most Influential Executives in the Computer Industry by CRN; Executive of the Year by Cyber Channels e-Innovator Awards in 2000. Major newspapers including The Wall Street Journal (WSJ) and the San Jose Mercury News have published lead editorials by Alan Weinberger on behalf of the industry. During the Microsoft Anti-Trust suit, Bill Gates wrote a lead op-ed in 1998 in the WSJ and Alan Weinberger was asked to write the only other op-ed, speaking for the IT industry. He has also played a key role on TV and in the press in the stockholder vote to approve HP's acquisition of Compaq.

Mr. Weinberger has a B.A and J.D. degree from NYU, and an LL.M. from Harvard University. 

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by candersen at April 20, 2016 01:00 PM

April 19, 2016

ProjectVRM
How customers can debug business with one line of code

744px-Olive_branch.svg

Four years ago, I posted An olive branch to advertising here. It began,

Online advertising has a couple of big problems that could possibly be turned into opportunities. One is Do Not Track, or DNT. The other is blocking of ads and/or tracking.

Publishers and the advertising business either attacked or ignored Do Not Track, which was too bad, because the ideas we had for making it work might have prevented the problem those businesses now have with ad blocking.

According to the latest PageFair/Adobe study,  the number of people blocking ads passed 200 million last May, with double-digit increases in adoption, worldwide. Tracking protection is also gaining in popularity.

While those solutions provide individuals with agency and scale, they don’t work for publishers. Not yet, anyway.

What we need is a solution that scales for readers and is friendly to publishers and the kind of advertising readers can welcome—or at least tolerate, in appreciation of how ads sponsor the content they want. This is what we have always had with newspapers, magazines, radio and TV in the offline world, none of which ever tracked anybody anywhere.

So now we offer a solution. It’s a simple preference, which readers can express in code, that says this: Just show me ads that aren’t based on tracking me. Equally simple code can sit on the publishers’ side. Digital handshakes can also happen between the two.

This term will live at Customer Commons, which was designed for that purpose, on the model of Creative Commons (which also came out of work done by folks here at the Berkman Center).  This blog post provides some context.

We’ll be working on that term, its wording , and the code that expresses and agrees to it, next week at the Computer History Museum in Silicon Valley. Monday will be VRM Day. Tuesday through Thursday will be IIW—the Internet Identity Workshop (where ProjectVRM was incubated almost ten years ago). VRM Day is mostly for planning the work we’ll do at IIW. VRM Day is free, and IIW is cheap for three days of actually getting stuff done. (It’s by far the most leveraged conference I know, partly because it’s an unconference: no keynotes, panels or sponsor booths. Just breakouts that participants create, choose and lead.)

If you care about aligning publishing and advertising online with what worked for hundreds of years offline — and driving uninvited surveillance out of business itself — come help us out.

This one term is a first step. There will be many more before we customers get the full respect we deserve from ad-funded businesses online. Each step needs to prove to one business category or another that customers aren’t just followers. Sometimes they need to take the lead.

This is one of those times.  So let’s make it happen.

See you next week.

 

 

by Doc Searls at April 19, 2016 08:10 PM

Bruce Schneier
Smartphone Forensics to Detect Distraction

The company Cellebrite is developing a portable forensics device that would determine if a smartphone user was using the phone at a particular time. The idea is to test phones of drivers after accidents:

Under the first-of-its-kind legislation proposed in New York, drivers involved in accidents would have to submit their phone to roadside testing from a textalyzer to determine whether the driver was using a mobile phone ahead of a crash. In a bid to get around the Fourth Amendment right to privacy, the textalyzer allegedly would keep conversations, contacts, numbers, photos, and application data private. It will solely say whether the phone was in use prior to a motor-vehicle mishap. Further analysis, which might require a warrant, could be necessary to determine whether such usage was via hands-free dashboard technology and to confirm the original finding.

This is interesting technology. To me, it feels no more intrusive than a breathalyzer, assuming that the textalyzer has all the privacy guards described above.

Slashdot thread. Reddit thread.

EDITED TO ADD (4/19): Good analysis and commentary.

by Bruce Schneier at April 19, 2016 07:32 PM

Berkman Center front page
Giovanni Buttarelli, European Data Protection Supervisor

Subtitle

Ethics as the Root of Privacy and the Future of Data Protection

Teaser

On Tuesday, 19 April 2016, MIT’s Internet Policy Research Initiative (IPRI), MIT Media Lab and the Berkman Center for Internet & Society at Harvard University are proud to host the European Data Protection Supervisor, Giovanni Buttarelli for an intimate discussion about the changing landscape of data collection and usage, and the global impact it has on the individual.

Event Date

Apr 19 2016 12:30pm to Apr 19 2016 12:30pm
Thumbnail Image: 

Tuesday, April 19, 2016  12:30 pm - 1:30 pm
MIT Stata Center
Dreyfoos Wing, Conference Room (Bldg. 32, Seminar Room G449)
32 Vassar Street, Cambridge, MA
Events is free and open to the public

On Tuesday, 19 April 2016, the Berkman Center for Internet & Society at Harvard University, MIT’s Internet Policy Research Initiative (IPRI), and the MIT Media Lab are proud to host the European Data Protection Supervisor, Giovanni Buttarelli for an intimate discussion about the changing landscape of data collection and usage, and the global impact it has on the individual. Buttarelli will focus on his office’s flagship project of exploring the ethical dimension to data protection and privacy, and its implications for business, governments and regulators.

Giovanni Buttarelli has been European Data Protection Supervisor since December 2014. Before joining the EDPS, he worked as Secretary General to the Italian Data Protection Authority, a position he occupied between 1997 and 2009. A member of the Italian judiciary with the rank of Cassation judge, he has attended to many initiatives and committees on data protection and related issues at the international level.

This event is free and open to the public. Food will be served.

by candersen at April 19, 2016 07:03 PM

Bruce Schneier
GCHQ Gets Involved in Mundane Surveillance Matters

GCHQ detected a potential pre-publication leak of a Harry Potter book, and alerted the publisher.

Is this what British national intelligence is supposed to be doing?

by Bruce Schneier at April 19, 2016 06:39 PM

metaLAB (at) Harvard
Blueprints and Happenings

Coming up on Tuesday, May 10, 5–8 pm:

Talk + Exhibition event celebrating the publication of
BLUEPRINT FOR COUNTER EDUCATION
EXPANDED EDITION (Inventory Press — DAP)
CRC/bookshop, Level 3
Carpenter Center for the Visual Arts
Harvard University
24 Quincy Street
Cambridge, MA 02138
+1 617.496.5387
ccva@fas.harvard.edu
http://blueprintforcountereducation.com/

with
Maurice Stein (original co-author)
Larry Miller (original co-author)
Jeffrey Schnapp (metaLAB)
Adam Michaels (Project Projects)

The book Blueprint for Counter Education by Maurice Stein and Larry Miller appeared in 1970 as a boxed set with three large graphic posters and a bibliography and checklist that map patterns and relationships between radical thought and artistic practices⎯from the modernist avant-gardes to postmodernism⎯with the philosopher Herbert Marcuse and media theorist Marshall McLuhan serving as intellectual points of anchorage. The book could be assembled into a portable, do-it-yourself learning environment with the posters and an accompanying “shooting script” functioning as a basis for a critically informed, activist and learner-driven model of education. Blueprint for Counter Education became one of the most defining works of radical pedagogy of the Vietnam War era and eventually integrated into the Critical Studies curriculum at California Institute of the Arts.

On the occasion of the release of an expanded edition of Blueprint for Counter Education designed by Project Projects and published by Inventory Press, the Consumer Research Center/bookshop at the Carpenter Center hosts a two-day exhibition, roundtable discussion and book presentation. Organized by Jeffrey Schnapp, the event brings together original authors Maurice Stein and Larry Miller Blueprint for Counter Education in conversation with Schnapp and Project Projects principal Adam Michaels.

Jeffrey Schnapp
Jeffrey Schnapp is the founder/faculty director of metaLAB (at) Harvard and faculty co-director of the Berkman Center for Internet and Society. At Harvard, he serves as Professor of Romance Literatures and Comparative Literature, and is on the teaching faculty in the Department of Architecture at Harvard’s Graduate School of Design. Effective June 2015, he assumed the position of Chief Executive Officer and co-founder of Piaggio Fast Forward, a Cambridge-based company devoted to developing innovative solutions to the transportation challenges of the contemporary world.

Adam Michaels
Adam Michaels is a graphic designer, editor, and publisher. He is cofounder of Project Projects, winner of the 2015 National Design Award in Communication Design, and founder of Inventory Press, which publishes books on topics in art, architecture, design, and music, with an emphasis on subcultures, minor histories, and the sociopolitical aspects of material culture.

Larry Miller
Larry Miller is a sociologist and was a member of the editorial collectives of the New American Movement newspaper and the journal Socialist Revolution/Socialist Review. He has written about major theorists and writers such as Marx, Gramsci, Althusser and Machiavelli.

Maurice R. Stein
Maurice R. Stein is an American sociologist and innovator in higher education. Stein is co-recipient of the 1987 Robert and Helen Lynd Lifetime Achievement Award bestowed by the American Sociological Association’s Community and Urban Sociology Section. Retired from Brandeis University since 2002, Stein resides in Cambridge, Massachusetts.

 

by jschnapp at April 19, 2016 05:13 PM

Berkman Center front page
Copyright Law Year in Review

Subtitle

with Peter S. Menell, the Koret Professor of Law at UC Berkeley School of Law and a Director of the Berkeley Center for Law & Technology

Teaser

What ties together cheerleader outfits, monkey selfies, the Batmobile, a chicken sandwich, Yoga, and Yoda? Professor Peter Menell will provide an exhilarating copyright year in review.

Parent Event

Berkman Luncheon Series

Event Date

Apr 19 2016 12:00pm to Apr 19 2016 12:00pm
Thumbnail Image: 

Tuesday, April 19, 2016 at 12:00 pm
Berkman Center for Internet & Society at Harvard University
Harvard Law School campus
 

What ties together cheerleader outfits, monkey selfies, the Batmobile, a chicken sandwich, Yoga, and Yoda? Professor Peter Menell will provide an exhilarating copyright year in review.

About Peter

Peter S. Menell is the Koret Professor of Law at UC Berkeley School of  Law and a Director of the Berkeley Center for Law & Technology.  Soon after joining the Berkeley faculty in 1990, where he focuses on intellectual property law, Professor Menell laid the groundwork for the  Berkeley Center for Law & Technology (BCLT), which he co-founded in  1995. He served as BCLT’s Executive Director from 1999 to 2005.  Professor Menell has authored more than 70 articles and eight books, including leading casebooks and intellectual property treatises.  Professor Menell has organized more than 50 intellectual property education programs for the Federal Judicial Center, including an annual four-day program on “Intellectual Property in the Digital Age” since 1998. Professor Menell earned his S.B. from the MIT, his Ph.D. (economics) from Stanford University, and J.D. from Harvard Law School, where he served as a member of the Harvard Law Review.

by candersen at April 19, 2016 04:00 PM

MediaBerkman
Peter S. Menell: Copyright Law Year in Review [AUDIO]
What ties together cheerleader outfits, monkey selfies, the Batmobile, a chicken sandwich, Yoga, and Yoda? In this talk, Professor Peter S. Menell — Koret Professor of Law at UC Berkeley School of Law and a Director of the Berkeley Center for Law & Technology — provides an exhilarating copyright year in review. Download the MP3 […]

by Berkman Center for Internet & Society at Harvard Law School (djones@cyber.law.harvard.edu) at April 19, 2016 03:10 PM

Bruce Schneier
Details about Juniper's Firewall Backdoor

Last year, we learned about a backdoor in Juniper firewalls, one that seems to have been added into the code base.

There's now some good research: "A Systematic Analysis of the Juniper Dual EC Incident," by Stephen Checkoway, Shaanan Cohney, Christina Garman, Matthew Green, Nadia Heninger, Jacob Maskiewicz, Eric Rescorla, Hovav Shacham, and Ralf-Philipp Weinmann:

Abstract: In December 2015, Juniper Networks announced that unknown attackers had added unauthorized code to ScreenOS, the operating system for their NetScreen VPN routers. This code created two vulnerabilities: an authentication bypass that enabled remote administrative access, and a second vulnerability that allowed passive decryption of VPN traffic. Reverse engineering of ScreenOS binaries revealed that the first of these vulnerabilities was a conventional back door in the SSH password checker. The second is far more intriguing: a change to the Q parameter used by the Dual EC pseudorandom number generator. It is widely known that Dual EC has the unfortunate property that an attacker with the ability to choose Q can, from a small sample of the generator's output, predict all future outputs. In a 2013 public statement, Juniper noted the use of Dual EC but claimed that ScreenOS included countermeasures that neutralized this form of attack.

In this work, we report the results of a thorough independent analysis of the ScreenOS randomness subsystem, as well as its interaction with the IKE VPN key establishment protocol. Due to apparent flaws in the code, Juniper's countermeasures against a Dual EC attack are never executed. Moreover, by comparing sequential versions of ScreenOS, we identify a cluster of additional changes that were introduced concurrently with the inclusion of Dual EC in a single 2008 release. Taken as a whole, these changes render the ScreenOS system vulnerable to passive exploitation by an attacker who selects Q. We demonstrate this by installing our own parameters, and showing that it is possible to passively decrypt a single IKE handshake and its associated VPN traffic in isolation without observing any other network traffic.

We still don't know who installed the back door.

by Bruce Schneier at April 19, 2016 10:59 AM

Jeffrey Schnapp
Honorable mentions

On April 9, 2016, BZ ’18-’45 was awarded a “special commendation” in the Council of Europe and European Museum Forum’s European Museum of the Year competition. The award specifies that it was granted for an “exhibition that reintegrates a controversial monument, which has long served as the focal point of battles over politics, culture, and regional identity. The project is a highly courageous and professional initiative to promote humanism, tolerance, and democracy.” For fully three years I had the pleasure of working with an excellent team on this complex and sensitive project: Andrea Di Michele, Hannes Obermair, Christine Roilo, Ugo Soragni, Silvia Spada, and, most especially, the designers Uli Prugger and Alfons Demetz, my friends from Gruppe Gut Gestaltung. But, beyond the labors of our team of scholars, designers, and curators, the award recognizes a longer and deeper process without which BZ ’18-’45 could not have moved forward in the successful ways it did: namely, a willingness within the city leadership and portions of the citizenry to undertake an honest, critically informed process of collective reflection and debate on the legacies of fascism and the region’s interwar history.

Euro Museum of Year

The project’s title refers to the acronym for Bolzano (BZ) and the years extending from 1918 (the end of World War I) to 1945 (the end of the fascist dictatorship). Not a museum but a “documentation center” regarding this difficult period in the history of the Alto-Adige region, its site is beneath Marcello Piacentini’s (1926-1928) Monument to Victory. The monument in question builds on the legacies of 19th century monumental arches, updating and streamlining many of their standard features. It is one of the very first fascist monuments developed in the so-called “lictorial style ” and was built to the specifications of Benito Mussolini.

BZ ’18-’45 is built into the rooms that surround the Monument to Victory’s mausoleum. It recounts the story of the building’s construction, but it interweaves this “microhistory” with a reconstruction of the region’s “macrohistory.” In so doing, it poses fundamental questions regarding the use of monuments: meta-questions such as what good are monuments? Replies are formulated in an accessible manner:

Monuments perform a wide array of functions in the history of civilization. They mark places that are deemed precious to the gods, the locations of major battles, and the tombs of monarchs, founders and leaders. They serve as sites of worship, commemoration and ritual. Once the instrument by means of which the powerful established their fame and wrote history in their own image, monuments have become increasingly democratized over the course of the modern era which, in turn, has fueled debates regarding their enduring value, legitimacy, and significance. Today monuments are built not just to generals and kings but to everyone from unnamed soldiers to ordinary citizens.

The overall design of BZ ’18-’45, as well as programming related to its content, is documented at http://www.monumentoallavittoria.com/it.html. If you are visiting Bolzano, stop by; I suspect that you won’t be disappointed.

 

BZ18-45_foto-MaV_25

 

 

by jeffrey at April 19, 2016 02:01 AM

Sara M. Watson
Things Facebook Thinks I Care About, Ranked

20. Cats
19. Millennials
18. Adventure
17. Fatherhood
16. Renminbi
15. Cloud computing
14. Orange (fruit)
13. Gratitude
12. Bag
11. Fluid dynamics
10. Edible mushroom
9. Laser
8. Company
7. Pressure
6. Cervical vertebrae
5. Self-esteem
4. Life
3. Water
2. Year
1. Human skin color

Sourced from Facebook Ad Preferences. This post is also published on Medium.

by Sara M. Watson at April 19, 2016 01:42 AM

April 18, 2016

Bruce Schneier
Kuwaiti Government will DNA Test Everyone

There's a new law that will enforce DNA testing for everyone: citizens, expatriates, and visitors. They promise that the program "does not include genealogical implications or affects personal freedoms and privacy."

I assume that "visitors" includes tourists, so presumably the entry procedure at passport control will now include a cheek swab. And there is nothing preventing the Kuwaiti government from sharing that information with any other government.

by Bruce Schneier at April 18, 2016 05:46 PM

MediaBerkman
A Burglar’s Guide to the City: On Architecture and Crime [AUDIO]
The relationship between burglary and architecture is far from abstract. While it is easy to focus merely on questions of how burglars use or abuse the built environment — looking for opportunities of illicit entrance — burglary, in fact, requires architecture. It is an explicitly spatial crime, one that cannot exist without a threshold to […]

by Berkman Center for Internet & Society at Harvard Law School (djones@cyber.law.harvard.edu) at April 18, 2016 04:46 PM

PRX
Inside the Podcast Studio: Reveal

On the latest edition of Inside the Podcast Studio, we sit down with the Center for Investigative Reporting (CIR)—the team behind the Reveal podcast and broadcast show. Reveal is an investigative journalism show that uncovers hidden stories, reveals injustice and holds the powerful accountable. Kevin Sullivan, the show’s executive producer, walks us through how and where Reveal is created.

On the Show

Tell us about your show and what makes it unique.
Reveal combines gritty investigative reporting with on-the-edge-of-your-seat storytelling. Our stories expose wrongs and bring about real change. We report on stories that matter and give people a reason to care.

Why are you so passionate about your subject matter?
I’m passionate about our show because we are uncovering stories that no one is following. Our stories touch people’s lives around the country and around the world. We call out people in the wrong and shine a light on those who are fighting to make things better.

What makes your show ideal for the podcast format?
I love podcasts because the stories are just the length that they need to be, and you can listen to them on your own schedule. Those are both great reasons why Reveal is ideal for the podcast format.

Wide shotThe team in their office

How does your remote team work collaboratively?
Video conferencing is huge in our office. We have team members located around the country and it’s important to stay connected. We use video conferencing for meetings big and small, and stay in constant contact. We also use tools to collaborate on scripts, which allows us to have a running conversation on all the work we do.

How do digital teams work in the context of a radio show?
We have a dedicated digital producer, who heads all of our digital content. She works with producers to come up with the best online features for our stories—from photos and illustrations, to interactive quizzes and embedded videos. Our digital content is a huge part of the planning process and we see it as an extension of the podcast.

What is your relationship with fellow news organizations? What is the value of those relationships in producing your episodes? Any interesting stories there?
We have strong relationships with dozens of news organizations, so we are able to break stories with them. These relationships are extremely valuable and have led to some of our best shows. Last year, we worked with several partners, including Frontline, the Investigative Reporting Program at UC Berkeley, KQED and Univision to produce an investigation into sexual assault against female janitors. We called it Rape on the Night Shift. Since that show first aired, a grassroots movement has sprung up to change the laws in California to ensure better security for women who clean offices at night.

We also collaborated with New Hampshire Public Radio to produce a one-hour show investigating allegations of abuse and neglect at a neurorehabilitation center. As part of the show, we uncovered the roots of the company, and discovered a disturbing cycle: these types of facilities would get in trouble, shut down and then re-open under new names. The show was a finalist for a Scripps Howard award and brought to light a problem most people never even knew existed.

On the Space

IMG_1031Cozy town

Where do you literally do your work? Can you walk us through that space and how it is laid out? Why is it designed the way it is?
I work in a beautiful office with high ceilings and floor to ceiling windows. It’s open, bright and invigorating. The office is about half a city block and is a combination of cubicle space, an audio/video studio, open conference rooms, and offices. The kitchen area is the center of the space, and is affectionately known as “cozy town.” People break out of their offices and cubicles to work together in cozy town and in other nooks around the office. It’s a great space to work.

Do you have a thinking or reflection space—somewhere you go outside the studio to gather creative inspiration?
I’ll take a walk around the block and soak in the California sunshine!

How do you record your show? What type of equipment does your team use for in-studio recording vs. in the field?
Reveal is fortunate to have a built-out studio and separate control room at CIR that accommodates recording of up to four people on individual mics.10688258_738954426195478_2720193502000008427_o Our host Al uses a Shure SM7B partnered with a CL-1 Cloudlifter to help get this low-gain, excellent broadcast dynamic microphone to a more useable level for our audio interface. We also use Electro-Voice RE20s for our other broadcast voice mics. In the studio, we record 2-ways with Al onsite, and guests in-studio or over ISDN. At times, we will record a guest over the phone, and sync up tracks recorded at the remote studio. Sometimes Al will be at his home in Jacksonville where we record over the phone, and he’ll share his tracks with us via Dropbox.

For remote situations, we have a blend of reporters/producers who favor their own kits (the pricey Sound Devices’ 722 and 744T recorders are our favorites) and some of our own, mostly Tascam DR-100mkii’s. We are also phasing in Zoom’s H6 over time. We have a selection of field microphones from Sennheiser (ME-66 and ME-67 shotguns with K6 capsule, MKH40 cardioid), Audio Technica (AT897 shotgun), Electrovoice (RE50 dynamic omni) and Beyerynamic (M58 dynamic omni).

We mix in Pro Tools with plugins from Waves, Soundtoys, iZotope (RX5 Advanced—an invaluable tool), on Adam A7 monitors. We do sound design in Pro Tools and Ableton Live.

On Podcasting

What can the podcast medium achieve that other media forms like broadcasts cannot?
I feel that both platforms are incredibly important. With broadcast, you reach the masses. With podcasts, the masses reach for you. This gives you the opportunity to form a stronger connection to the audience, because you know the people listening really want to hear your show.

10339391_656071131150475_6204880918615592335_o-2Reveal host Al Letson

What do you think makes a great podcast host? What makes your host unique?
We have the best podcast host ever! Al Letson has a unique way of speaking right to listeners. He helps break down really complicated stories in a way that makes them instantly relatable to people everywhere. He’s also super handsome (I am contractually obligated to say that whenever I refer to our host).

How do you envision the future of the podcasting landscape?
Wow—big question. I see the landscape getting more and more niche. Just like blogging, everyone can find their passion in a podcast. Whether it’s gardening, 16th century literature, or investigative news, podcasting is a medium that’s growing by reaching new, and increasingly more targeted, audiences. It’s a great time to be in podcasting—the competition is intense, but also incredibly inspiring!

Follow Reveal on Twitter @reveal. Subscribe to the podcast in iTunes here and look out for new episodes every Monday.

The post Inside the Podcast Studio: Reveal appeared first on PRX.

by Maggie Taylor at April 18, 2016 02:50 PM

James Losey
thenoodlelife: First visit to Ai Ramen, a relatively new...


thenoodlelife:

First visit to Ai Ramen, a relatively new restaurant in Stockholm serving home made noodles. The Tonkotsu Ramen is pleasing with a rich broth and creamy eggs, though the broth could have been served hotter. The pork was average  order extra or some appetizers if you are hungry. 

Rating:

  • Noodles: 4
  • Egg: 4
  • Meat: 3
  • Broth: 4

My first visit to Ai Ramen in Stockholm

April 18, 2016 12:03 PM

Bruce Schneier
Security Risks of Shortened URLs

Shortened URLs, produced by services like bit.ly and goo.gl, can be brute-forced. And searching random shortened URLs yields all sorts of secret documents. Plus, many of them can be edited, and can be infected with malware.

Academic paper. Blog post with lots of detail.

by Bruce Schneier at April 18, 2016 11:00 AM

April 15, 2016

Justin Reich
Climbing the Pyramid of Bloom's Taxonomy Through the Writing Process
How do educators inspire students to construct their own knowledge, conceptually demonstrate their understanding, and elaborately communicate their ideas?

by Beth Holland at April 15, 2016 09:29 PM

Bruce Schneier
Friday Squid Blogging: Replicating Reflecting Squid Tissue

New research.

As usual, you can also use this squid post to talk about the security stories in the news that I haven't covered.

by Bruce Schneier at April 15, 2016 09:25 PM

David Weinberger
Revolutions in common sense

…the great world historian Immanuel Wallerstein…argues that for the last quarter millennium or so, revolutions have consisted above all of planetwide transformations of political common sense.

This is from David Graeber‘s 2013 book The Democracy Project, excerpted that year at The Baffler.

The excerpt argues that the 1960’s political movement did not fail. It changed expectations by changing our sense of what’s possible. One effect of this: it limited the ability of American politicians to blithely engage in foreign wars for a full generation…and then changed the way we engage in those wars, albeit not necessarily for the better.

Obviously we can argue about this. But that’s not my main interest in the excerpt. Rather, I’m interested in the power of changes in common sense, which I’m taking to mean our most basic ideas about how the world is put together, how it could be put together, and how it should be put together.

This is the very core of my fascination with technology for the past thirty years. It’s why I studied the history of philosophy before that.

And btw, this is not technodeterminism. “The link between technology and common sense is indirect, but real”The link between technology and common sense is indirect, but real: new tech opens new possibilities. We seize those opportunities based on non-technological motivations and understandings. When tech is radically different enough that new strategies successfully exploit those opportunities, we can learn a new common sense from those strategies. That is, in my view, what has been happening for the past twenty years.

Anyway, I now I have three books to read: Something by Wallerstein, The Democracy Project, and Graeber’s early work, Debt.

 


A tip of the haat to Jaap Van Till for pointing me to this. His recent post on the current French protests fills an important gaap in American media coverage. (I tease because I love :)

The post Revolutions in common sense appeared first on Joho the Blog.

by davidw at April 15, 2016 12:41 PM

Bruce Schneier
IRS Security

Monday is Tax Day. Many of us are thinking about our taxes. Are they too high or too low? What's our money being spent on? Do we have a government worth paying for? I'm not here to answer any of those questions -- I'm here to give you something else to think about. In addition to sending the IRS your money, you're also sending them your data.

It's a lot of highly personal financial data, so it's sensitive and important information.

Is that data secure?

The short answer is "no." Every year, the GAO -- Government Accountability Office -- reviews IRS security and issues a report. The title of this year's report kind of says it all: "IRS Needs to Further Improve Controls over Financial and Taxpayer Data." The details are ugly: failures in identification and authentication of network users, failures to encrypt data, failures in audit and monitoring and failures to patch vulnerabilities and update software.

To be fair, the GAO can sometimes be pedantic in its evaluations. And the 43 recommendations for the IRS to improve security aren't being made public, so as not to advertise our vulnerabilities to the bad guys. But this is all pretty basic stuff, and it's embarrassing.

More importantly, this lack of security is dangerous. We know that cybercriminals are using our financial information to commit fraud. Specifically, they're using our personal tax information to file for tax refunds in our name to fraudulently collect the refunds.

We know that foreign governments are targeting U.S. government networks for personal information on U.S. citizens: Remember the OPM data theft that was made public last year in which a federal personnel database with records on 21.5 million people was stolen?

There have been some stories of hacks against IRS databases in the past. I think that the IRS has been hacked even more than is publicly reported, either because the government is keeping the attacks secret or because it doesn't even realize it's been attacked.

So what happens next?

If the past is any guide, not a lot. The GAO has been warning about problems with IRS security since it started writing these reports in 2007. In each report, the GAO has issued recommendations for the IRS to improve security. After each report, the IRS did a few of those things, but ignored most of the recommendations. In this year's report, for example, the GAO complained that the IRS ignored 47 of its 70 recommendations from 2015. In its 2015 report, it complained that the IRS only mitigated 14 of the 69 weaknesses it identified in 2013. The 2012 report didn't paint IRS security in any better light.

If I had to guess, I'd say the IRS's security is this bad for the exact same reason that so much corporate network-security is so bad: lack of budget. It's not uncommon for companies to skimp on their security budget. The budget at the IRS has been cut 17% since 2010; I am certain IT security was not exempt from those cuts.

So we're stuck. We have no choice but to give the IRS our data. The IRS isn't doing a good job securing our data. Congress isn't giving the IRS enough budget to do a good job securing our data. Last Tuesday, the Senate Finance Committee urged the IRS to improve its security. We all need to urge Congress to give it the money to do so.

Nothing is absolutely hacker-proof, but there are a lot of security improvements the IRS can make. If we have to give the IRS all our information -- and we do -- we deserve to have it taken care of properly.

This essay previously appeared on CNN.com.

by Bruce Schneier at April 15, 2016 11:52 AM

April 14, 2016

Berkman Center front page
Cyberlaw Clinic and Lumen Project Reps Contribute to Section 512 Study

Teaser

On April 1st, the Copyright Office closed the initial comment period for a public study undertaken to evaluate the impact and effectiveness of the Digital Millennium Copyright Act (“DMCA”) safe harbor provisions, embodied in Section 512 of the United States Copyright Act. On April 7th, the filed comments were released online, including one filed by representatives of Berkman's Cyberlaw Clinic and the Lumen project.

Thumbnail Image: 

On April 1st, the Copyright Office closed the initial comment period for a public study undertaken to evaluate the impact and effectiveness of the Digital Millennium Copyright Act (“DMCA”) safe harbor provisions, embodied in Section 512 of the United States Copyright Act. On April 7th, the filed comments were released online.

Commenters submitted a total of 90,967 comments in connection with the study. The Cyberlaw Clinic filed one of those comments on behalf of Berkman Center for Internet & Society Project Coordinator 
Adam Holland, who manages the Center’s Lumen project (formerly known as Chilling Effects), and Harvard Law School Clinical Professor (and Cyberlaw Clinic Managing Director) Christopher Bavitz, who serves as Lumen’s principal investigator at Berkman. As described herein, the comment submitted by the Clinic advanced the twin propositions that:  (a) data is crucial to informing reasoned policy debates, including debates about policies that govern intermediary liability and obligations to police content online; and (b) transparency is intrinsically related to accountability, oversight, and process and is generally good for the public at large in a society that values free expression.

Section 512 and the DMCA safe harbor are extraordinarily important provisions of U.S. copyright law.  Among other things, they provide a legal immunity for platforms that host user-generated content, subject to certain conditions and limitations, in the event such content infringes third-parties’ copyrights.  

Implementing what is generally known as a “notice-and-takedown” regime, the safe harbor has been the subject of a fair amount of controversy since it was passed into law in the late-1990s.  Content owners have expressed concerns that the safe harbor gives platforms too much protection and requires rightsholders to invest extraordinary resources and engage in a veritable game of “whac-a-mole” in chasing down each and every individual infringing file on each and every platform.  Online platforms that benefit from the safe harbor often credit Section 512 for its role in the development of a robust online ecosystem while also noting the costs they incur due to DMCA compliance. Many public interest organizations that support the rights of Internet users agree and further note that the safe harbor (which requires platforms to remove content promptly upon notice from a rightsholder) can incentivize removal in contravention of a user’s general right to engage in free expression and specific right to make fair use of copyrighted materials.

Not surprisingly, comments submitted in connection with the Section 512 study underscored the breadth and diversity of perspectives on the safe harbor’s efficacy.  For example:

  • A number of companies with business models based on copyright ownership submitted comments to the Copyright Office. Sony Music EntertainmentUniversal Music Group, and the Warner Music Group commented as individual parties.  Content industry conglomerates including the “Music Community” (led by the Recording Industry Association of America) and a group of “Professional Sports Organizations” (including the NBA, NFL, NHL, and UFC) also contributed.  Although each offered a unique perspective, these parties generally argued essentially the same thing:  that the DMCA safe harbors are hurting copyright owners by not adequately holding accountable platforms or individuals that provide access to unlawfully streamed or uploaded content, and that huge swaths of revenue are being lost to consumption of copyrighted material that is not adequately paid for. Comments attested to the shortcomings of the DMCA by pointing to the existence of services that had not signed licensing agreements with the representative companies and amounts of money invested into policing platforms for infringing material.
  • Technology companies and those who offer online services were also well-represented, with comments from GoogleAmazonFacebookMicrosoftYahoo!Pinterest, and SoundCloud. These groups, too, shared some similar perspectives.  They argued that the DMCA Section 512 safe harbors are functioning properly by promoting investment in the growing Internet economy while providing copyright holders with adequate means of protecting their content. Comments championed the DMCA for allowing for explosive growth in the online economy, providing opportunity for new areas of creativity, and growing the pie for media in general.
  • Non-profit and user rights groups had their say as well, represented by the likes of theElectronic Frontier FoundationPublic Knowledge, and the Wikimedia Foundation.  For them, also, there were some common refrains. Much in line with comments from technology and online services companies, non-profit organizations asserted that the DMCA is valuable as a tool for innovation and growth on the Internet. But, they also raised issue with the specter of unfounded takedown notices, arguing that abuse of the Section 512 system can hamper free speech and copyright fair use and contended that automated processes have resulted in a significant amount of false positives.

In addition to expressing widely varying opinions on Section 512, the individuals and organizations that participated in the Study based their opinions on a wide variety of grounds. Some expressed policy positions in the abstract, focusing on the values we wish to incentivize in the copyright regime.  Others drew on standalone facts and figures derived from a range of sources, from revenue generated through exclusive licensing agreements, to rates of streaming media consumption, to private sector profit margins attributed to the growth of the Internet.

Unlike most of the other comments, the comment filed by the Cyberlaw Clinic on behalf of Adam Holland and Christopher Bavitz did not take a firm stance on the efficacy of Section 512 of the Copyright Act.  Rather, the Holland/Bavitz comment highlighted the need for complex policy determinations – like those involving liability and immunity of online platforms – to be based on data and evidence of the sort collected and shared by Lumen.  The comment underscored the value of transparency about takedowns in facilitating clear and manageable processes for all parties in the takedown regime and urged the Copyright Office to encourage further data-sharing to support any efforts to balance the interests of rightsholders, platforms, and users in this space.

The commenters’ interest in this issue stems from their roles in managing the Berkman Center’s Lumen project, which maintains the largest database of DMCA and other takedown notices on the Internet.  Lumen operates by aggregating notices that others have sent or received and then voluntarily shared with the project. Lumen accepts submissions from anyone, and it partners with major companies (e.g., GoogleTwitterWordPress, and Reddit) and others to collect large volumes of takedown notices submitted to them and share the text of each notice with researchers. Lumen offers access to its database to the public for free, and anyone may use the database to create refined data sets that shed light on how global takedown regimes (such as the Section 512 regime) are functioning.

In its comment, the Clinic contended that data such as that collected by Lumen should be the backbone for analysis of Section 512. Contrary to the views of some who have publicly challenged the importance of sharing data about takedown requests (including one former CEO of the Copyright Alliance, who famously testified before Congress that Lumen’s activities were “repugnant to the purposes of Section 512”), the commenters argued that robust collection, aggregation, and study of data is essential to the formulation of sound policy in general and is particularly crucial in the realm of Internet policy.  The commenters cited sources underscoring the importance of data-driven regulation alongside journal articles, studies, and news coverage that have put information from the Lumen database to good use in analyzing the takedown ecosystem.  Particularly useful in this context were theScience Magazine piece, “Better Data for a Better Internet,” co-authored by Berkman Center faculty directors John Palfrey and Jonathan Zittrain; the recent “Transparency Reporting Toolkit” co-authored by the Berkman Center’s Ryan Budish; and the extensive study, “Notice and Takedown in Everyday Practice,” conducted by Jennifer UrbanJoe Karaganis, and Brianna L. Schofield and based in part on data from the Lumen database.

The Clinic and the Lumen project express their appreciation to Harvard Law School students Shoshana Schoenfeld and Jonathan Luebbers, enrolled in the Clinic during the spring term 2016, who contributed significantly to the comment. We are hopeful that the Copyright Office will seize upon this moment of reflection about Section 512 to consider fostering a more robust data-sharing environment around DMCA notices and their role in the broader takedown ecosystem.

This post has been cross-posted on the Lumen blog and Cyberlaw Clinic blog.

by gweber at April 14, 2016 08:34 PM

Bruce Schneier
IBM Officially Owns Resilient Systems

It's officially final; IBM has "completed the acquisition" of Resilient Systems, Inc. We are now "Resilient, an IBM Company."

As I expected when I announced this acquisition, I am staying on as the CTO of Resilient and something like Senior Advisor to IBM Security -- we're still working on the exact title. Everything I've seen so far indicates that this will be a good home for me. They know what they're getting, and they're still keeping me on. I have no intention of changing what I write about or speak about -- or to whom.

For the company, this is still a great deal. The acquisition was big news at the RSA Conference a month ago, and we've gotten nothing but a positive response from analysts and a primarily positive response from customers.

Here's a video of Resilient CEO John Bruce talking with IBM Security General Manager Marc van Zadelhoff about the acquisition. And here's an analyst talking about the acquisition.

by Bruce Schneier at April 14, 2016 05:54 PM

Berkman Center front page
Maximizing K-12 Fiber Connectivity Through E-Rate: An Overview

Subtitle

An evaluation of self-construction, dark fiber, and lit fiber options for school districts following recent enhancements to E-rate

Teaser

This new toolkit provides school system leaders the guidance to understand and leverage the federal E-rate program, which provides up to $3.9 billion annually to subsidize the provision of high-speed Internet access to schools and libraries.  

Publication Date

14 Apr 2016

Thumbnail Image: 

Authored by J. Ryan Thompson, David Talbot, and Keith Krueger

The federal E-rate program provides up to $3.9 billion annually to subsidize the provision of high-speed Internet access to schools and libraries.  Recent revisions to the program greatly expand the options for how such service can be provisioned. Notably, school districts can now seek reimbursement for the costs of building their own fiber optic networks. What’s more, municipalities and counties can inexpensively add more fiber to such networks to serve wider community needs.

This new toolkit released by the Berkman Center in partnership with CoSN (the Consortium for School Networking), provides school system leaders the guidance to understand and leverage this newly expanded program. The report, Maximizing K-12 Fiber Connectivity Through E-Rate: An Overview comes as schools are feeling a bandwidth crunch. A recent CoSN survey revealed that 68 percent of district technology officers believe their school systems do not have the bandwidth to meet their district’s connectivity demands in the next 18 months.

  • Part One provides an overview of the E-rate program and the types of fiber optic network projects that are eligible for reimbursement through the program. Through case studies, it also shares how three school systems managed their fiber connectivity challenges. 
     
  • Part Two includes an additional case study that details how a school district’s E-rate reimbursement for a fiber “self-build” could save the municipality or county significantly on a wider fiber build-out serving more than just schools and libraries.
     
  • Part Three issues a call to action for school systems to begin taking measurable steps toward deciding on and making effective use of today’s fiber connectivity options. 

Producer Intro

Authored by
Categories: 

by gweber at April 14, 2016 01:41 PM

Bruce Schneier
Cheating in Marathon Running

Story of Julie Miller, who cheated in multiple triathlon races:

The difference between cheating in 1980 and cheating today is that it's much harder to get away with now. What trips up contemporary cheaters, Empfield said, is their false assumption that the only thing they have to worry about is their timing chip, the device they wear that records their time at various points along a course.

But the use of additional technology ­ especially the ubiquitous course photos taken by spectators and professional photographers, which provide a wealth of information about athletes' positions and times throughout a race ­ makes it difficult for people to cover their tracks after the fact.

"What these people don't understand is that the photos contain so much data ­ they don't know that this exists," Empfield said of cheaters. "They think that if they hide in the bushes and re-emerge or take the chip off or whatever, they're in the clear. But the problem is that people can now forensically recreate your race."

Reminds me of this 2012 story about marathon cheating.

by Bruce Schneier at April 14, 2016 11:44 AM

April 13, 2016

Cyberlaw Clinic - blog
Cyberlaw Clinic and Lumen Project Reps Contribute to Section 512 Study

Copyright OfficeOn April 1st, the Copyright Office closed the initial comment period for a public study undertaken to evaluate the impact and effectiveness of the Digital Millennium Copyright Act (“DMCA”) safe harbor provisions, embodied in Section 512 of the United States Copyright Act. On April 7th, the filed comments were released online.

Commenters submitted a total of 90,967 comments in connection with the study. The Cyberlaw Clinic filed one of those comments on behalf of Berkman Center for Internet & Society Project Coordinator Adam Holland, who manages the Center’s Lumen project (formerly known as Chilling Effects), and Harvard Law School Clinical Professor (and Cyberlaw Clinic Managing Director) Christopher Bavitz, who serves as Lumen’s principal investigator at Berkman. As described herein, the comment submitted by the Clinic advanced the twin propositions that:  (a) data is crucial to informing reasoned policy debates, including debates about policies that govern intermediary liability and obligations to police content online; and (b) transparency is intrinsically related to accountability, oversight, and process and is generally good for the public at large in a society that values free expression.

Section 512 and the DMCA safe harbor are extraordinarily important provisions of U.S. copyright law.  Among other things, they provide a legal immunity for platforms that host user-generated content, subject to certain conditions and limitations, in the event such content infringes third-parties’ copyrights.  

Implementing what is generally known as a “notice-and-takedown” regime, the safe harbor has been the subject of a fair amount of controversy since it was passed into law in the late-1990s.  Content owners have expressed concerns that the safe harbor gives platforms too much protection and requires rightsholders to invest extraordinary resources and engage in a veritable game of “whac-a-mole” in chasing down each and every individual infringing file on each and every platform.  Online platforms that benefit from the safe harbor often credit Section 512 for its role in the development of a robust online ecosystem while also noting the costs they incur due to DMCA compliance. Many public interest organizations that support the rights of Internet users agree and further note that the safe harbor (which requires platforms to remove content promptly upon notice from a rightsholder) can incentivize removal in contravention of a user’s general right to engage in free expression and specific right to make fair use of copyrighted materials.

Not surprisingly, comments submitted in connection with the Section 512 study underscored the breadth and diversity of perspectives on the safe harbor’s efficacy.  For example:

  • A number of companies with business models based on copyright ownership submitted comments to the Copyright Office. Sony Music Entertainment, Universal Music Group, and the Warner Music Group commented as individual parties.  Content industry conglomerates including the “Music Community” (led by the Recording Industry Association of America) and a group of “Professional Sports Organizations” (including the NBA, NFL, NHL, and UFC) also contributed.  Although each offered a unique perspective, these parties generally argued essentially the same thing:  that the DMCA safe harbors are hurting copyright owners by not adequately holding accountable platforms or individuals that provide access to unlawfully streamed or uploaded content, and that huge swaths of revenue are being lost to consumption of copyrighted material that is not adequately paid for. Comments attested to the shortcomings of the DMCA by pointing to the existence of services that had not signed licensing agreements with the representative companies and amounts of money invested into policing platforms for infringing material.
  • Technology companies and those who offer online services were also well-represented, with comments from Google, Amazon, Facebook, Microsoft, Yahoo!, Pinterest, and SoundCloud. These groups, too, shared some similar perspectives.  They argued that the DMCA Section 512 safe harbors are functioning properly by promoting investment in the growing Internet economy while providing copyright holders with adequate means of protecting their content. Comments championed the DMCA for allowing for explosive growth in the online economy, providing opportunity for new areas of creativity, and growing the pie for media in general.
  • Non-profit and user rights groups had their say as well, represented by the likes of the Electronic Frontier Foundation, Public Knowledge, and the Wikimedia Foundation.  For them, also, there were some common refrains. Much in line with comments from technology and online services companies, non-profit organizations asserted that the DMCA is valuable as a tool for innovation and growth on the Internet. But, they also raised issue with the specter of unfounded takedown notices, arguing that abuse of the Section 512 system can hamper free speech and copyright fair use and contended that automated processes have resulted in a significant amount of false positives.

In addition to expressing widely varying opinions on Section 512, the individuals and organizations that participated in the Study based their opinions on a wide variety of grounds. Some expressed policy positions in the abstract, focusing on the values we wish to incentivize in the copyright regime.  Others drew on standalone facts and figures derived from a range of sources, from revenue generated through exclusive licensing agreements, to rates of streaming media consumption, to private sector profit margins attributed to the growth of the Internet.

Unlike most of the other comments, the comment filed by the Cyberlaw Clinic on behalf of Adam Holland and Christopher Bavitz did not take a firm stance on the efficacy of Section 512 of the Copyright Act.  Rather, the Holland/Bavitz comment highlighted the need for complex policy determinations – like those involving liability and immunity of online platforms – to be based on data and evidence of the sort collected and shared by Lumen.  The comment underscored the value of transparency about takedowns in facilitating clear and manageable processes for all parties in the takedown regime and urged the Copyright Office to encourage further data-sharing to support any efforts to balance the interests of rightsholders, platforms, and users in this space.

The commenters’ interest in this issue stems from their roles in managing the Berkman Center’s Lumen project, which maintains the largest database of DMCA and other takedown notices on the Internet.  Lumen operates by aggregating notices that others have sent or received and then voluntarily shared with the project. Lumen accepts submissions from anyone, and it partners with major companies (e.g., Google, Twitter, WordPress, and Reddit) and others to collect large volumes of takedown notices submitted to them and share the text of each notice with researchers. Lumen offers access to its database to the public for free, and anyone may use the database to create refined data sets that shed light on how global takedown regimes (such as the Section 512 regime) are functioning.

In its comment, the Clinic contended that data such as that collected by Lumen should be the backbone for analysis of Section 512. Contrary to the views of some who have publicly challenged the importance of sharing data about takedown requests (including one former CEO of the Copyright Alliance, who famously testified before Congress that Lumen’s activities were “repugnant to the purposes of Section 512”), the commenters argued that robust collection, aggregation, and study of data is essential to the formulation of sound policy in general and is particularly crucial in the realm of Internet policy.  The commenters cited sources underscoring the importance of data-driven regulation alongside journal articles, studies, and news coverage that have put information from the Lumen database to good use in analyzing the takedown ecosystem.  Particularly useful in this context were the Science Magazine piece, “Better Data for a Better Internet,” co-authored by Berkman Center faculty directors John Palfrey and Jonathan Zittrain; the recent “Transparency Reporting Toolkit” co-authored by the Berkman Center’s Ryan Budish; and the extensive study, “Notice and Takedown in Everyday Practice,” conducted by Jennifer Urban, Joe Karaganis, and Brianna L. Schofield and based in part on data from the Lumen database.

The Clinic and the Lumen project express their appreciation to Harvard Law School students Shoshana Schoenfeld and Jonathan Luebbers, enrolled in the Clinic during the spring term 2016, who contributed significantly to the comment. We are hopeful that the Copyright Office will seize upon this moment of reflection about Section 512 to consider fostering a more robust data-sharing environment around DMCA notices and their role in the broader takedown ecosystem.

This post has been cross-posted on the Lumen blog and Cyberlaw Clinic blog.

by Clinic Staff at April 13, 2016 05:21 PM

Ana Enriquez
Fair Use: Misconceptions and Examples

I gave another talk on fair use last week, this time at the University of Chicago Library. The theme was “misconceptions and examples,” so after giving brief overviews of copyright and fair use, I talked through examples from several important cases. Then, I asked the participants to work through a few fair use scenarios, in pairs. We got back together as a group to discuss the scenarios at the end of the hour.

Here are the materials I used: PPT slides, PDF slides, and PDF handout. The handout, in particular, is very similar to what I used in my Teaching Fair Use talk at Loyola. All are licensed under CC-BY 4.0. Please reuse and remix them!


by anaenriquez at April 13, 2016 01:29 PM

Bruce Schneier
Breaking Semantic Image CAPTCHAs

Interesting research: Suphannee Sivakorn, Iasonas Polakis and Angelos D. Keromytis, "I Am Robot: (Deep) Learning to Break Semantic Image CAPTCHAs":

Abstract: Since their inception, captchas have been widely used for preventing fraudsters from performing illicit actions. Nevertheless, economic incentives have resulted in an armsrace, where fraudsters develop automated solvers and, in turn, captcha services tweak their design to break the solvers. Recent work, however, presented a generic attack that can be applied to any text-based captcha scheme. Fittingly, Google recently unveiled the latest version of reCaptcha. The goal of their new system is twofold; to minimize the effort for legitimate users, while requiring tasks that are more challenging to computers than text recognition. ReCaptcha is driven by an "advanced risk analysis system" that evaluates requests and selects the difficulty of the captcha that will be returned. Users may be required to click in a checkbox, or solve a challenge by identifying images with similar content.

In this paper, we conduct a comprehensive study of reCaptcha, and explore how the risk analysis process is influenced by each aspect of the request. Through extensive experimentation, we identify flaws that allow adversaries to effortlessly influence the risk analysis, bypass restrictions, and deploy large-scale attacks. Subsequently, we design a novel low-cost attack that leverages deep learning technologies for the semantic annotation of images. Our system is extremely effective, automatically solving 70.78% of the image reCaptcha challenges, while requiring only 19 seconds per challenge. We also apply our attack to the Facebook image captcha and achieve an accuracy of 83.5%. Based on our experimental findings, we propose a series of safeguards and modifications for impacting the scalability and accuracy of our attacks. Overall, while our study focuses on reCaptcha, our findings have wide implications; as the semantic information conveyed via images is increasingly within the realm of automated reasoning, the future of captchas relies on the exploration of novel directions.

News articles.

by Bruce Schneier at April 13, 2016 12:20 PM

April 12, 2016

H2O
Multimedia playlist on H2O: Chris Bavitz

Many instructors use H2O’s database of court decisions to compile a playlist that mirrors a customary casebook; others have taken advantage of H2O being a web-based platform, such as  Harvard Law School instructor, Chris Bavitz. He has utilized H2O for his Music and Digital Media course. The Introduction section of his playlist demonstrates the range of items he draws on for this course:Screen Shot 2016-04-11 at 7.11.09 PM

In just this one section, Professor Bavitz has included a self-annotated case (Eldred v Ashcroft), sections of U.S. Copyright Law, a section of Larry Lessig’s text Remix, as well as links to articles on Huffington Post, New York Times, and Salon, as well as videos on YouTube and the PBS website.

Creating items to add to a playlist, such as the YouTube video used by Professor Bavitz, is very simple. After creating an account, you can click ‘Create,” select “video”:
Screen Shot 2016-04-14 at 11.37.13 AM

enter the video title, and paste in the embed code copied from the YouTube video (see below):Screen Shot 2016-04-14 at 11.40.43 AMThis creates a media item (video) that, when clicked, appears embedded in H2O:

Screen Shot 2016-04-12 at 6.33.36 PM

Interesting in learning more? Visit http://h2o.law.harvard.edu to create a free account or email us at h2o[[at] cyber.law.harvard.edu.

by bjohnsonh2o at April 12, 2016 10:37 PM

Nick Grossman
Cable boxes, ridesharing and the right to be represented by a bot

Here are two tech policy issues that don’t seem related but are: the FCC’s current push to open up the set-top-box, and the lawsuits challenging Uber’s and Lyft’s classification of drivers as independent contractors rather than employees.

The way to see the connection is through the lens of control vs. competition.  More specifically, they are about breaking apart the service and the interface, and how that can benefit competition and innovation.

In the case of the set top box, the FCC wants to require that cable providers allow any set top box or tv to connect directly to the cable wire and decrypt the schedule and content — so that any box or TV of the user’s choosing can build an interface around the TV/video listings and video content.

Under the FCC’s plan, Comcast and other cable providers would not have the exclusive right to the interface, and would instead be required to let customers use a box or TV or their choosing.  The FCCs reasoning here is twofold: the first reason is cost — consumers spend an average of $231 per year (or $20B total, annually) renting set-top boxes from cable companies; and the second is innovation: users of Comcast’s cable service will recognize this interface, which has existed unchanged (until very recently with the introduction of the X1 box) for at least a decade:

X-25-TVL-Time3

Because Comcast and other cable/video providers control both the service and the interface, and there’s no machine-readable API for accessing info through a third-party device, they’re able to charge high fees for the boxes, and are under no pressure to innovate on the interface.

So, how does that relate at all to what’s going on with Lyft and Uber and the worker classification lawsuits?

The focus of the ridesharing labor debate has been on classification of drivers as “independent contractors” or “employees”, which, at its heart, is about control.  The more control that’s exerted, the more it looks like an employee relationship, the less that’s exerted, the more it looks like an independent contractor relationship.

What’s so confusing is that in an app-mediated world, where platforms straddle the line between being “services” and “marketplaces”, control looks different than it did in the industrial era.  Alex Rosenblat from the Data & Society Institute has taken an interesting look at this.  Her research examines the often subtle ways in which data-rich platforms exert control over their users/partners/workers.  At the heart of it is the information asymmetry that exists between platforms and workers — which platforms make use of to exert control in subtle ways that look and feel very different than in the traditional employer / employee relationship.

The parallel, then, to the set-top box debate is that separating the service from the interface may be the most elegant regulatory intervention here, as opposed to the more traditional interventions proposed by labor advocates.  My colleague Albert calls this the right to be represented by a bot.

Imagine a “driver bot” that could interface with ridesharing services on behalf of the driver, much the way that an AppleTV or Roku would interface with Cable programming under the FCC’s proposal.  Such a bot would be able to ingest information from ridesharing services, including rides available, pricing information (surges, etc), ratings and transactional data, etc., and interact with the services on behalf of the driver.

Over time, and deployed across the entire ridesharing fleet, such a bot service would be able to counterbalance the information asymmetry that Rosenblat describes, by analyzing and interpreting data collected across the entire network, and presenting it to drivers in a transparent and consistent way.

Why would rideshare platforms want to go along with such a scheme?  Because doing so would bolster their arguments that they really do have an arms-length, independent contractor relationship with their drivers — one that truly delivers freedom, flexibility and choice.  And, because the alternative — using heavy-handed, outmoded labor law to force the square peg of platform workers into the round hole of W2 employees — would be a much tougher proposition.

I suspect that over time, more and more regulators outside of the telecom space will take this kind of information-centric approach, recognizing the power dynamics embedded in data-rich systems.  It strikes me that such an approach will be necessary to move from a regulation 1.0 era to a regulation 2.0 era.

by Nick Grossman at April 12, 2016 09:37 PM

David Weinberger
The Ice Caps are Melting – Ho ho!

Tiny Tim would have been 84 today.

He was my mother’s younger cousin…an innocent, gentle, and very genuine soul.

The song is by Bill Dorsey about whom little is known. But what is known, the Internet has unearthed.

The post The Ice Caps are Melting – Ho ho! appeared first on Joho the Blog.

by davidw at April 12, 2016 05:47 PM

Berkman Center front page
A Burglar’s Guide to the City: On Architecture and Crime

Subtitle

with author Geoff Manaugh

Teaser

Join Geoff Manaugh, author of the new book A Burglar’s Guide to the City, to discuss more than two thousand years’ worth of heists and break-ins, with a discussion ranging from the surprisingly — one might say uselessly — complicated legal definition of an interior space to the everyday tools burglars use to gain entry.

Parent Event

Berkman Luncheon Series

Event Date

Apr 12 2016 12:00pm to Apr 12 2016 12:00pm
Thumbnail Image: 

Tuesday, April 12, 2016 at 12:00 pm
Berkman Center for Internet & Society at Harvard University
Harvard Law School campus
Wasserstein Hall, Milstein East C (Room 2036, second floor)

The relationship between burglary and architecture is far from abstract. While it is easy to focus merely on questions of how burglars use or abuse the built environment — looking for opportunities of illicit entrance — burglary, in fact, requires architecture. It is an explicitly spatial crime, one that cannot exist without a threshold to cross, without “the magic of four walls,” as at least one legal theorist has written.

Join Geoff Manaugh, author of the new book A Burglar’s Guide to the City, to discuss more than two thousand years’ worth of heists and break-ins, with a discussion ranging from the surprisingly — one might say uselessly — complicated legal definition of an interior space to the everyday tools burglars use to gain entry.

Written over the course of three years of research, Manaugh’s Burglar’s Guide includes flights with the LAPD Air Support Division, a visit with a panic room designer and retired state cop in his New Jersey warehouse, an introduction to the subculture of recreational lock-picking, a still-unsolved bank tunnel heist in 1980s Los Angeles, and much more. 

About Geoff

Links

by candersen at April 12, 2016 05:00 PM

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