Wanted: Trust Detector [Schneier on Security]
It's good to dream: IARPA's five-year plan aims to design experiments that can measure trust with high certainty -- a tricky proposition for a psychological study. Developing such experimental protocols could prove very useful for assessing levels of trust within one-on-one talks, or even during group interactions. A second part of the IARPA proposal might involve using new types of...
BIND goes byebye? [DragonFly BSD Digest]
Jan Lentfer has accomplished something rather dramatic: the removal of BIND from the base system. It’s not actually out yet, but I daresay it will be after the 2.6 release, freeing people up to install any DNS server from pkgsrc – including BIND.
Ways to improve SSH security [DragonFly BSD Digest]
‘Walter’ asked about dealing with endless ssh port dictionary attacks. Several suggested changing ports and removing passwords, with opie(4) for when keyfiles aren’t available. Also, there’s various auto-blocking scripts, though they aren’t as useful nowadays.
A wrecking amendment ? [Light Blue Touchpaper]
For the past few months the Digital Economy Bill (DEB) has been quietly making its way through the House of Lords. As is the way of these things, large numbers of amendments have been proposed, their lordships have had a series of mini-debates on each set of issues, and the Government have been busily amending the Bill in an attempt to fix all the things that they didn’t think through properly.
The main thrust of the DEB’s approach to dealing with unlawful file sharing of copyright material has been a “three strikes” policy. That is, should you be detected to be sharing some popular beat combo’s music without permission, then on the first two occasions you’d receive an admonishing letter, and on the third time then you would be subject to “technical measures” (ie: very slow Internet speeds) or disconnection, the latter doubtless annoying the rest of your family as they would be unable to visit DirectGov / keep up their social life / catch-up TV shows / do their homework / avoid being sacked from their work-from-home job!
However, the Government are concerned that this won’t be enough, and that unlawful sharing of copyright material might occur in new ways in future. So in clause 17 of the DEB they set out a scheme for amendment (in ways that would be decided as future circumstances required) of the Copyright, Designs and Patents Act 1988 through secondary legislation.
It is unusual to grant such open ended powers to amend primary legislation, because Parliament would be presented with an unamendable statutory instrument and invited to vote for it — no such SI has been defeated in the House of Lords since 2000, and the time before that was in 1968.
There was an outcry over the breadth of clause 17, and so the Government set out amendments to restrict it — but last week peers voted for an opposition amendment (120A) to have an alternative arrangement altogether, a regime of High Court injunctions that would force ISPs to block websites.
This is such a dumb (and dangerous) idea that it has all the characteristics of a wrecking amendment, added to the Bill just to eat up parliamentary time so that the whole Bill will fall at the dissolution for the upcoming election.
There are so many problems with the new clause that it’s hard to know where to begin.
For an analysis of how the costs regime makes it very likely that ISPs will just block, rather than risking the cost of a court action see this article by Francis Davey (a working barrister).
The next problem is that most ISP blocking is trivial to evade. Although Ofcom reports that 98.6% of UK consumer broadband lines are supplied by ISPs who use the Internet Watch Foundation (IWF) list to block child sexual abuse images, in practice all of the systems are trivial to evade by using https links, by using proxies, or in most cases by running your own DNS server or just hard-coding IP addresses into your HOSTS file.
It suits everyone (IWF, ISPs, Government) to pretend that the IWF list blocking schemes work, but when ISPs are faced with the prospect of being found in contempt of court, they will have to implement something which is actually effective — which can in practice only mean “blackholing” IP addresses so that no traffic can be exchanged.
That will mean that everything else at that address is will be blocked as well — so all of t35.com, smtp.ru or blogger.com would disappear if a foreign company’s view of what was a copyright infringement in their jurisdiction was to differ from that of the UK High Court (for example, Disney’s Snow White is out of copyright in Japan — the term is 75 years from 1937 date of release — but not in the UK — where the term is Walt Disney’s 1967 death + 70 years).
IP address blocking is also relatively simple to evade (as has already been discovered by the citizens of China, Iran and elsewhere), by means of proxies, by IP address agility by the websites, or by means of general purpose anonymity systems such as Tor. When the content industries find that the sites aren’t actually blocked, how realistic (or how draconian) will the High Court be ?
Interestingly, the security services (MI5/MI6) share this concern. If evading blocking systems becomes a mainstream activity (and there’s said to be 6-7 million illegal file sharers in the UK) then it will be used, almost automatically, by subversive groups — preventing the spooks from examining the traffic patterns and comprehending the threat. The amendment says that the court must consider “any issues of national security raised by the Secretary of State”, but it’s unclear how they’ll do that even if Lord Mandelson is prepared to wander down to Strand and say that he’s worried that snooping won’t be so effective in the future.
The final problem is that their Lordships clearly envisaged these injunctions being taken out by major film studios against the latest incarnation of The Pirate Bay or some equally high profile den of wickedness. But what if it turns out that they’re used:
The Earl of Erroll who, although a hereditary peer, is one of the few members of the Upper House with substantial “clue” on Internet matters spoke out clearly against the amendment and in favour of just deleting clause 17. Perhaps in Third Reading, next Monday, the House will listen more carefully to what he has to say — sending this Bill to the Commons in its current form makes a mockery of the Lords’ claim to intelligently revise flawed legislation …
… for the real risk is that the Bill could subsequently go through all substantive Commons stages “on the nod” in a few frantic minutes after the election is called, with the Government accepting all the Lords amendments to avoid a time-consuming game of Parliamentary ping-pong. Wrecking the bill is one thing, wrecking the Internet in the UK is quite another!
Pale Belgian Sugar Experiment Tasting [The Mad Fermentationist]
Probably the most debated question among homebrewers when the topic of brewing pale Belgian beer (Belgian Blonde, Strong Golden, Tripel etc...) comes up is which sugar to use. These beers don't need a characterful sugar (like a Dubbel of Belgian Strong Dark), just something easily fermentable to boost the alcohol while leaving a light body. For years the answer was clear candi rocks, since it was assumed that these were the most authentic. Then a few years back Brew Like a Monk came out, with the suggestion that those rocks were just overpriced sucrose, changing the answer to table sugar (cheap sucrose). Then Dark Candi started selling clear candi syrup, the same stuff Orval (along with many others Belgian breweries) uses... and what about corn sugar? Is sugar really necessary anyway?
These were the questions I set out to answer for myself a few months ago on a wintery December day. I split one 5 gallon batch of 100% pils wort between the main sugary contenders, including one gallon with no sugar at all. Two weeks later each batch was primed with the same experimental sugar (the no sugar got light DME) and bottled. Last night I finally had the chance to sit down to do a full, blind tasting, to see what results I could tease out of my experiment.
As expected the five batches were very similar, so I'll forgo a full review of each to focus on the flavor and aromatic differences. All of the batches had an identical golden-yellow/orange body with a nice white head with moderate-poor retention (I poured from left to right in the picture, so the first two are a bit less heady). They were all crystal clear as well, so the sugar had no influence on the appearance. The aromas shared a similar bready/pils malt character and the flavors had just a hint of hop bitterness. All finished plenty dry within .001 of 1.006 (certainly within the margin of error for my hydrometer reading skills), and none of them came across as more boozy or alcoholic than the rest.
etc: BuilDj is an experimental new build system for GNOME that uses a JSON project description format. If it gets adopted, GNOME might finally escape from autohell. [Open Ended]
BuilDj is an experimental new build system for GNOME that uses a JSON project description format. If it gets adopted, GNOME might finally escape from autohell.
Read More: Alberto Ruiz
Read the comments on this post
Obama Supports DNA Sampling Upon Arrest [Wired: Threat Level]
Josh Gerstein over at Politico sent Threat Level his piece underscoring once again President Barack Obama is not the civil-liberties Knight In Shining Armor many were expecting.
Gerstein posts a televised interview of Obama and John Walsh of America’s Most Wanted. The nation’s chief executive extols the virtues of mandatory DNA testing of Americans upon arrest, even absent charges or a conviction. Obama said, “It’s the right thing to do” to “tighten the grip around folks” who commit crime.
When it comes to civil liberties, the Obama administration has come under fire for often mirroring his predecessor’s practices surrounding state secrets, the Patriot Act and domestic spying. There’s also Gitmo, Jay Bybee and John Yoo.
Now there’s DNA sampling. Obama told Walsh he supported the 18 states, including the federal government, that have varying laws requiring compulsory DNA sampling of individuals upon an arrest for crimes ranging from misdemeanors to felonies. The data is lodged in state and federal databases, and has fostered as many as 200 arrests nationwide, Walsh said.
The American Civil Liberties Union claims DNA sampling is different from mandatory, upon-arrest fingerprinting that has been standard practice in the United States for decades.
A fingerprint, the group says, reveals nothing more than a person’s identity. But much can be learned from a DNA sample, which codes a person’s family ties, some health risks, and, according to some, can predict a propensity for violence.
The ACLU is suing California to block its voter-approved measure requiring saliva sampling of people picked up on felony charges. Authorities in the Golden State are allowed to conduct so-called “familial searching” — when a genetic sample does not directly match another, authorities start investigating people with closely matched DNA in hopes of finding leads to the perpetrator.
Wondering whether DNA sampling is legal?
The courts have already upheld DNA sampling of convicted felons based on the theory that the convicted have fewer privacy rights. The U.S. Supreme Court has held that when conducting intrusions of the body during an investigation, the police need so-called “exigent circumstances” or a warrant. That alcohol evaporates in the blood stream is the exigent circumstance to draw blood from a suspected drunk driver without a warrant.
Illustration: hibiotech/Flickr
See Also:
Classmates.com’s Facebook Mimicking Prompts Privacy Suit [Wired: Threat Level]
The long-lost pal locating site, Classmates.com, has been hit with a class action privacy lawsuit alleging the company violated the law when it decided to make user profiles public in order to compete with Facebook.
The suit alleges that Classmates.com duped its paying customers in late January when it sent them an e-mail saying that members would have to opt-out of new Facebook and iPhone apps to keep their data private. That’s a massive change to the site’s privacy policy and violates federal and Washington State privacy and fairness laws, according to the suit (.pdf) filed in a Washington State federal district court March 5.
Classmates.com has long kept user information non-public, and only paying members can read e-mails sent to them by others, see ‘old friends’ on a map, and see who has been looking at their profile. While the site has some 3 million paying users, it’s been eclipsed by sites like Facebook and MySpace, which have more members, more public profiles and don’t charge.
In order to keep up, Classmates.com decided to make “public Classmates content available to people using a variety of sites and devices, including Facebook and the iPhone,” according to a January 30 e-mail sent to users.
“This content can include your name, photos, community affiliations, and more,” the e-mail continued. “Of course, we care about your privacy as much as we do your ability to catch up with your past. We’re updating our privacy policy to make these new features possible, and you’re able to opt out.”
That’s a move not unlike one Facebook made in December, when it decided to make user profile information and their friend’s list public by default (without the benefit of an opt-out). That landed Facebook with a decent-sized user revolt and a complaint to the FTC from privacy groups.
Building on that, the lawsuit argues that Classmates.com’s switch amounts to “unfair and deceptive practices,” and that having to choose to opt-out is “well-known to be confusing to consumers, and is deceptive.” That amounts to a violation of the Washington State Consumer Protection Act, the suit contends.
The lawsuit, filed by Roger Townsend with Breskin Johnson & Townsend, also accuses Classmates.com of violating the federal “Electronic Data Privacy Act” or EDPA. Unfortunately for the plaintiffs (and the general public), no such law exists. One assumes the plaintiff’s lawyers meant to refer to the “Electronic Communications Privacy Act.” But since that real law is generally about protecting e-mails against eavesdropping, it’s not likely to be relevant in this case.
The suit seeks an injunction against the new policy, damages, and any profits made from the new apps. The putative class action suit seeks to cover all 40 million Classmates.com members.
Classmates.com did not return a call seeking comment. The site, which has been sued before for alleged deceptive marketing, is frequent target of online complaints by users who say the site misleads them and makes it difficult to cancel a membership.
Via Courthouse News. Screenshot: Flickr/Jason Walsh
See Also:
European Parliament Rips Global IP Accord [Wired: Threat Level]
The European Parliament delivered a political blow to Hollywood and the Obama administration, voting Wednesday 663 to 13 in opposition to a proposed and secret intellectual property agreement being negotiated by the European Union, United States and a handful of others.
Wednesday’s developments concerning the Anti-Counterfeiting and Trade Agreement are substantial because the European Union’s 27 countries vastly outnumber the remaining countries negotiating the deal. They are Australia, Canada, Japan, South Korea, Mexico, Morocco, New Zealand, Singapore, Switzerland and the United States. Ambassador Ron Kirk, the top U.S. trade official, is spearheading the deal that began being crafted under the George W. Bush administration.
Kirk’s office declined comment.
To be sure, there is a dispute and heavy confusion concerning whether internet service providers under ACTA would be forced to punish customers deemed copyright scofflaws by reducing or eliminating service, according to a string of leaked documents. So parliament members also agreed Wednesday to oppose the measure if it contains so-called “three strikes” or “graduated response” policies — regardless of whether that’s now in the text.
And because of the text’s secrecy, parliament on Wednesday also demanded (.pdf) that the private agreement still under negotiation be publicly released.
Whether parliament’s action scuttles ACTA is another matter.
Michael Geist, a law professor at the University of Ottawa, said in a telephone interview that Wednesday’s resolution also OKs more ACTA global negotiations on behalf of the European Union.
Geist said he expects Europe to participate in the next round of ACTA negotiations to get underway April 12 in New Zealand.
European Union leaks months ago portended Wednesday’s vote.
The leaks underscored that European officials were concerned about the ever-changing pact and were unhappy that the United States’ “overarching objective” was to “facilitate the continued development of industry.” European drafters had said the document needed to “mention culture and individual creators and not only industry.”
In November, meanwhile, the Motion Picture Association of America told the Senate that opponents of ACTA are “actively hostile toward efforts to improve copyright enforcement worldwide.”
(The United States has shown working drafts of the accord to representatives from the MPAA, Recording Industry Association of America, Google and the major software players and even the digital-rights group Public Knowledge. They all are forbidden from disclosing any information about what they saw.)
For its part, the Obama administration, which has five former Recording Industry Association of America lawyers in the Justice Department, has declared ACTA negotiations a national security secret and has refused to publicly divulge the treaty’s contents.
See Also:
Harper to Answer Questions on YouTube [Michael Geist Blog]
Prime Minister Harper will be answering questions on YouTube over the next week, providing a chance to raise digital strategy issues in a digital environment
Australia Says No Domestic Changes Due To ACTA [Michael Geist Blog]
The Australian government has stated that it does not expect to make any changes to its domestic laws due to ACTA, hoping to persuade others to follow the Australian approach.
Ontario Adds Internet Safety to School Curriculum [Michael Geist Blog]
The Canadian Press reports that the Ontario government is adding Internet safety to the provincial elementary school curriculum.
Nose Biometrics [Schneier on Security]
Really: Since they are hard to conceal, the study says, noses would work well for identification in covert surveillance. The researchers say noses have been overlooked in the growing field of biometrics, studies into ways of identifying distinguishing traits in people. "Noses are prominent facial features and yet their use as a biometric has been largely unexplored," said the University...
Government No-Fly List Includes the Dead [Wired: Threat Level]
You may be dying, figuratively, to get off the government’s no-fly list, but death won’t guarantee removal.
The government’s no-fly list includes the names of dead suspects, according to government officials who spoke with the Associated Press, to help catch people who may try to assume the suspect’s identity.
The no-fly list has been shrouded in mystery since it was first developed after the 9/11 attacks. How people get on the list or get off it has been a closely guarded secret, with only bits of information made public during congressional hearings.
The AP has pieced together the broad steps it takes for someone to get on the list, and some of the changes the list has undergone since it was first created nine years ago.
The no-fly list has grown from 3,400 people to about 6,000 since last December after Nigerian Umar Farouk Abdulmuttalab attempted to bomb a Northwest airlines flight on Christmas day, using explosives packed in his underwear. Abdulmuttalab’s name appeared in a terrorism database after his father tipped off U.S. embassy officials in Nigeria that his son might be involved in extremist activity, but his name never made it to the no-fly list. The government determined thatthe information did not meet the standard for placing him on the list or for revoking his U.S. visa. His father had reported that AbdulMutallab had been expressing radical opinions, had broken ties with the family and might have visited Yemen.
The National Security Agency had also obtained communication intercepts that suggested a Nigerian national might be planning an attack against the United States. But because the dots were never connected, AbdulMutallab was able to slip through airport security.
The new names added to the list since his attempted bombing include people associated with al-Qaida’s Yemen branch — with whom Abdulmuttalab had ties — as well as other people from Nigeria and Yemen who might be connected to Abdulmuttalab.
The current number on the no-fly list represents a pared down version of the list in 2004 when 20,000 people were on it. Those numbers were culled in 2007, and people who were no longer considered a threat were removed. These included, for example, some former members of the Irish Republican Army who were considered no longer active in terrorist activity.
The AP story doesn’t indicate how many Americans are currently on the no-fly list, but the government reported in December, before the new numbers were added, that about 170 U.S. citizens or residents were on the list.
As AP notes, sometimes it takes just minutes to get on the no-fly list; other times it takes days or months, depending on the information amassed on a subject.
There are generally four steps to getting someone on the no-fly list. The first step might be a simple tip to law enforcement or an intelligence agent or may come from information gleaned from a wiretapped conversation. The tip is submitted to the National Counterterrorism Center in Virginia, where it’s entered into a classified database known as Terrorist Identities Datamart Enterprise, or TIDE. The database doesn’t just include a suspect’s name but might also include relatives and associates. About 2 percent of the names in the database belong to Americans.
Here information is datamined to connect dots and flesh out partial names and identities. If enough information can be connected to a Terrorist Watchlist target, it’s escalated to the Terrorist Screening Center, also in Virginia, for more analysis. About 350 names are sent to the screening center daily.
Depending on what this further analysis turns up, a suspect might wind up on the FBI’s terror watchlist, which includes the names of about 418,000 people — including a New Jersey eight-year-old who regularly gets frisked at the airport. In addition to being used by airport security personnel to single out some travelers for extra screening or interrogation, the watchlist is used for, among other things, screening U.S. visa applicants and gun buyers as well as suspects stopped by local police.
To get on this list, there must be “reasonable suspicion” that the person is involved in terrorism, according to the AP. People whose names are on this list are singled out for questioning at U.S. borders, but they can still fly. A Justice Department inspector general report last year found that the FBI was mishandling the watch list and was failing to add legitimate suspects under terrorist investigation to the list while also failing to properly update and remove records from the list, subjecting U.S. citizens to unjustified scrutiny.
In order to get on the no-fly list, authorities must have the suspect’s full name and birthdate and have information indicating that the suspect is a threat to aviation or national security. The final decision for adding a name to the no-fly list lies in the hands of about six people from the TSA.
At this point, a suspect can either be added to a “selectee list,” a list of about 18,000 people who are singled out for extra screening at airports or be put on the no-fly list. Not all people on the no-fly list are prevented from flying, however. Sometimes authorities allow them to travel unimpeded, but place a tail on them to monitor their activity.
Photo: Dan Paluska/Flickr
See also:
More on the SCR [Light Blue Touchpaper]
Two weeks ago I posted about the Summary Care Record, a project to centralise medical records in England and Wales under the pretext that central records might be useful in emergency care. At the time, I wrote to the Cabinet Secretary asking whether it was appropriate to use taxpayers’ funds to leaflet millions of homes on a politically sensitive topic during an election campaign; I haven’t yet got a reply.
Doctors’ leaders are now alarmed. Patients are being misinformed, and opt-out is being made difficult.
The information being given to patients is false and misleading. The SCR promotional leaflet says anyone who has access to your records … must be directly involved in caring for you. However, large numbers of officials will have access. And as I already noted, the SCR isn’t as helpful in emergencies as it’s spun. Its purpose is actually different: to provide the basis for a centralised electronic patient record for everyone.
Doctors have noted that in the pilot areas, seven out of ten patients are unaware that an SCR was created for them. The patient information packs don’t contain an opt-out form; you’re supposed to phone the call centre for one. Over two hundred thousand people have downloaded an opt-out letter from www.thebigoptout.org; now the NHS says it wants doctors to ignore this and get everyone who wants to opt out to use this form instead (which GPs can’t order in bulk).The roll-out is rushed and displays typical incompetence: for example, some patients have been sent other patients’ letters. I am sure this story will run and run.
CodePlex refresh, FOSS projects more compatible with Windows [Open Ended]
The CodePlex Foundation has announced the arrival of several new board members, including Jim Jagielski, the Chief Open Source Officer of SpringSource. Jagielski, who was one of the original cofounders of the Apache Software Foundation (ASF), brings a lot of credibility and leadership experience to the CodePlex Foundation.
When the CodePlex Foundation was established by Microsoft last year, an interim board of directors was assembled to help get the organization off the ground while permanent board members were being chosen. A number of the interim board members, including Novell's Mono project leader Miguel de Icaza, will be turning their seats over to new representatives. Former Microsoft open source evangelist Sam Ramji, currently VP of strategy at Sonoa, will be remaining on the board, along with Microsoft .NET Framework program manager Davies Boesch.
Read the comments on this post
European Parliament ACTA Resolution Passes Overwhelmingly, Threatens Possible Court Action [Michael Geist Blog]
The European Parliament today overwhelming approved a resolution on ACTA calling for transparency and raising concerns about substantive elements in the treaty such as the prospect of three strikes and personal border searches. The final vote was 633 in favour, 13 against, and 16 abstentions. The final approved text raises further issues:
The Limits of Identity Cards [Schneier on Security]
Good legal paper on the limits of identity cards: Stephen Mason and Nick Bohm, "Identity and its Verification," in Computer Law & Security Review, Volume 26, Number 1, Jan 2010. Those faced with the problem of how to verify a person's identity would be well advised to ask themselves the question, 'Identity with what?' An enquirer equipped with the answer...
For sale; first edition of the Necronomicon (used once) [Charlie's Diary]
I don't normally run corporate press releases on my blog, or carry advertising — except insofar as the blog promotes my own writing. There's always a first time, though, and so here it is:
Cubicle 7 Entertainment to publish roleplaying game based on Charles Stross's Laundry Files novels
Cubicle 7 Entertainment is producing a roleplaying game based on the award-winning Laundry series (The Atrocity Archives, The Jennifer Morgue, and the forthcoming The Fuller Memorandum) by the even-more-award-winning Charles Stross, and uses the also-award-winning Basic Roleplaying System (Call Of Cthulhu) by Chaosium Inc.
(For more details, keep reading below the fold. Meanwhile, here's the cover ...)

etc: Groklaw has a great summary of the opening arguments in the SCO v. Novell trial [Open Ended]
Groklaw has a great summary of the opening arguments in the SCO v. Novell trial
Read More: Groklaw
Read the comments on this post
Casting a Vote Against Internet Voting [Michael Geist Blog]
With the increasing shift from analog to digital, some elections officials are unsurprisingly chomping at the bit to move toward Internet-based voting. My weekly technology law column (Toronto Star version, homepage version) notes that last year, Elections Canada officials mused about the possibility of online voting trials, noting the potential benefits of increasing voter participation, particularly among younger demographics.
More recently, the province of Alberta opened the door to incorporating new technologies into their voting processes as part of an electoral reform package. New trials would require the approval of a legislative committee, but the province's Chief Electoral Officer acknowledged that online voting may be coming, noting "online voting is something that's on the forefront of people's minds. . . people say, 'I can do my banking online, but I can't do my voting online'."
The enthusiasm for Internet voting is understandable. At first blush, there is a certain allure associated with the convenience of Internet voting, given the prospect of increased turnout, reduced costs, and quicker reporting of results. Moreover, since other security sensitive activities such as banking and health care have gravitated online, supporters argue that elections can't be far behind. Yet before rushing into Internet voting trials, the dangers should not be overlooked.
Democracy depends upon a fair, accurate, and transparent electoral process with outcomes that can be independently verified. Conventional voting accomplishes many of these goals – private polling stations enable citizens to cast their votes anonymously, election day scrutineers offer independent oversight, and paper-based ballots provide a verifiable outcome that can be re-counted if necessary.
While technology may someday allow us to replicate these essential features online, many of them are currently absent from Internet voting, which is subject to any number of possible disruptions. These include denial of service attacks that shut down the election process, counterfeit websites, phishing attacks, hacks into the election system, or the insertion of computer viruses that tamper with election results.
These concerns are based on real-world experience. The Internet Corporation for Assigned Names and Numbers (ICANN), the organization that administers the domain name system, ran an online board of director election in 2000. The experience was fraught with technical difficulties, leading a reviewer to conclude "the technical weakness in the registration system made it virtually impossible to assess the integrity of the voters' list, the security of the PINs, and secrecy of vote."
More recently, the Netherlands used Internet voting as part of its 2006 parliamentary elections. The online option was an alternative for Dutch citizens working or living abroad. Nearly 20,000 valid Internet votes were received at a cost of approximately 90 euros per Internet voter. Two years later, the country implemented a ban on Internet voting.
The Canadian experience is limited primarily to municipal elections. Several Ontario municipalities have offered Internet-based voting, enabling local residents to vote without leaving their homes. Residents were required to pre-register for Internet voting and were provided with detailed instructions on the technical requirements to "vote anywhere."
Caution on Internet voting appears prudent, since experts have identified a long and costly list of necessary precautions, including random spot checks and post-vote verification programs to preserve anonymity. Given the security risks, opening the door to provincial or federal Internet voting seems premature. In the zeal to increase voter turnout, the reliance on Internet voting could inadvertently place the validity of the election process at risk.
InternetNZ To Host PublicACTA Conference in April [Michael Geist Blog]
InternetNZ has just announced that I will be the keynote speaker at PublicACTA, an ACTA conference scheduled just prior to the next round of ACTA negotiations in Wellington, NZ.
DFAIT Launches Consultation on Encryption Controls [Michael Geist Blog]
The Department of Foreign Affairs has launched a public consultation on encryption controls. Comments are due by April 30, 2010.
Linuxulator update finally happening [DragonFly BSD Digest]
Alex Hornung has taken on a very overdue and very necessary project: an update of linux binary support. His code is available for anyone who wants to try it. Testing so far is working, but it could really use something complex, like Java with OpenOffice or tomcat, or perhaps Firefox/Flash. Will it make it into the 2.6 release, which is potentially a week away? Maybe – testing like the above would help.
p.s. we would all individually owe Alex a beer for this.
Internet Companies: UK Digital Economy Bill Threatens Free Speech [Michael Geist Blog]
Google, Yahoo, Facebook and Ebay, along with the UK's largest internet service providers, are arguing that changes to the UK Digital Economy bill poses a theat to free speech.
Supreme Court Takes “Informational Privacy” Case [Wired: Threat Level]
The U.S. Supreme Court is agreeing to decide how much personal information the federal bureaucracy may acquire on its workers.
The justices, without comment, decided Monday to review a lower-court decision surrounding the concept of so-called “informational privacy.” The 9th U.S. Circuit Court of Appeals in San Francisco struck down intrusive background checks last year on nearly three dozen National Aeronautics and Space Administration contractors as being too invasive — calling them an unconstitutional, “broad inquisition.”
The checks sought information from any source surrounding their sex lives, finances and even drug use. The contractors being investigated were not privy to classified information.
The Obama administration, in seeking review of the lower-court decision, told the justices the checks were the same type conducted on all federal government workers -– now numbering about 14 million. The background checks are part of a 2004 security directive from President George W. Bush.
“The ramifications of the decision below are potentially dramatic,” the Obama administration told the justices in its petition to the court. The justices likely will hear the case this fall.
The NASA contractors worked at the Jet Propulsion Laboratory in Southern California, which generally engages in the scientific study of the earth and solar system. They sued, successfully stopping the government from delving so extensively into their backgrounds.
The administration said collecting the information, as opposed to disseminating it, was constitutionally acceptable.
See Also:
Lifelock Dinged $12 Million for Deceptive Business Practices [Wired: Threat Level]
The CEO of Lifelock, Todd Davis, became famous for advertising his Social Security number on television ads and banners painted on trucks promising his $10 monthly service would protect consumers from identity theft.
The company also offered a $1 million guarantee to compensate customers for losses incurred if they became a victim of identity theft after signing up for the service.
But the Federal Trade Commission said Tuesday that the claims were bogus (.pdf) and accused Lifelock, based in Arizona, of operating a scam and con operation. The commission announced, along with 35 state attorneys general, that it had levied a fine of $12 million against the company for deceptive business practices and for failing to secure sensitive customer data. Of that amount, $11 million will go to refund customers who subscribed to the service. Consumers will receive a letter from the FTC and their attorney general explaining how to take part in the settlement.
The FTC said that Lifelock, which advertises itself as “#1 In Identity Theft Protection,” engaged in false advertising by promising customers that if they signed up with its service their personal information would become useless to thieves.
“In truth, the protection they provided left such a large hole … that you could drive that truck through it,” said FTC Chairman Jon Leibowitz, referring to ad trucks painted with the CEO’s Social Security number.
The company, he said, used scare tactics to convince potential customers they would be unprotected from identity theft without its service, and of warning them in letters that they were at a high risk of identity theft.
“I was a recipient of one letter,” Illinois Attorney General Lisa Madigan said.
For the annual subscription fee, Lifelock promised customers that it would place fraud alerts on their credit accounts with the three credit reporting agencies. As a result, the company said, thieves would not be able to open unauthorized credit or bank accounts in their name.
But Leibowitz said the promises were deceptive because thieves could still rack up unauthorized charges on existing accounts — the most common type of identity theft. It also couldn’t protect thieves from obtaining a loan in a Lifelock customer’s name.
In fact, Lifelock CEO Davis was the victim of identity theft in 2007 when a thief used his widely advertised Social Security number to obtain a $500 loan in Davis’ name.
Lifelock also promised customers that sensitive data they provided the company to perform its protection services — such as their Social Security number, name and address and bank card information — would be encrypted and protected in other ways on Lifelock’s servers and accessed only by authorized employees on a need-to-know basis.
“Your documents, while in our care, will be treated as if they were cash,” the company promised.
In truth, the FTC said, until at least September 2007, the company failed to provide “reasonable and appropriate security to prevent unauthorized access to personal information stored on its corporate network” either in transit through the network, stored in a database or transmitted over the internet.
None of the data was encrypted, said the FTC, either in storage or in transit. The company also had poor password management practices for employees and vendors who accessed the information. Lifelock also failed to limit access to sensitive data to only those people who needed access.
What’s more, the company failed to apply critical security patches and updates to its network and “failed to employ sufficient measures” to detect and prevent unauthorized access to its network, “such as by installing antivirus or antispyware programs on computers used by employees to remotely access the network or regularly recording and reviewing activity on the network,” the complaint said.
The latter is particularly ironic. Lifelock often promoted its services to companies that experienced data breaches, convincing them to offer a complimentary Lifelock subscription to people whose data was compromised in a breach. All the while, the FTC claims, Lifelock was making its own customer information vulnerable to a breach.
“As a result of these practices, an unauthorized person could obtain access to personal information stored on defendants’ corporate network, in transit through defendants’ corporate network or over the internet, or maintained in defendants’ offices,” according to the complaint.
According to the terms of an FTC settlement agreement with Lifelock to settle the allegations, the company must inform consumers about the limitations of its service. The company will also have to implement a data security program to protect the customer data it handles.
“As long as the company is honest and up front and lets consumers know what they’re getting and has adequate security safeguards for customer information, we wish them well,” said Leibowitz.
Lifelock said in a statement that, in October, it “rolled out the next generation of identity theft protection services that provide even better and broader protection to its valued members.” The company added that its new-and-improved service, which was not the subject of the FCC inquiry, has prevented more than 5,000 fraudulent credit applications.
The company and its owners have been at the center of controversy for a number of years. According to an investigative report by the Phoenix New Times in 2007, Lifelock co-founder Robert Maynard Jr., was suspected at one time of being an identity thief himself and stealing his father’s identity to obtain an American Express card. He had also been the target of another FTC investigation involving a previous business venture unrelated to Lifelock. Maynard resigned from the company after news of his past was published, but he continued to work for the firm as a contractor.
See also:
Pink Floyd, EMI Brawl Over iTunes Royalties [Wired: Threat Level]
Pink Floyd and its label, EMI, are battling over online royalties stemming from a contested clause in their decade-old contract.
The developer of The Dark Side of the Moon and other top-selling albums claims its contract with EMI requires its music to be sold as an entire album, not the single tracks that EMI has permitted iTunes to distribute.
The band’s attorney, Robert Howe, told a London court on Tuesday, “It’s a matter of fact that the defendant has been permitting individual tracks to be downloaded online and that therefore they have been allowing albums not to be sold in their original configuration,” Bloomberg News reported.
The case highlights the common dispute between rights holders and publishers over how to deal today with royalties for intellectual property born and contracted prior to the explosion of online digital sales.
Pink Floyd, however, said more was at stake than royalties in the internet age. The psychedelic-music band’s musical craft is being misrepresented when sold in singles, Howe said.
“Pink Floyd is well-known for performing seamless pieces. Many of the songs blend into each other,” Howe told the High Court of Justice, Chancery Division.
EMI told the court that the restrictions do not apply to online sales.
When Pink Floyd’s latest contract was crafted in 1999, “iTunes didn’t even exist,” EMI attorney Elizabeth Jones said.
Photo: oddstock/Flickr
See Also:
Marc Rotenberg on Google's Italian Privacy Case [Schneier on Security]
Interesting commentary: I don't think this is really a case about ISP liability at all. It is a case about the use of a person's image, without their consent, that generates commercial value for someone else. That is the essence of the Italian law at issue in this case. It is also how the right of privacy was first established...
For stranger maps [The Early Days of a Better Nation]

Earth has many states. Most of these have different systems of government. Some of them have different social systems. Earth is in this respect almost unique. Everywhere else the default is one government, and one social system, per planet - if not, indeed, per galaxy. At least, that's the rule in SF.
When we look at the ancient and mediaeval worlds, we see if anything a greater diversity of forms of rule than we see today. In fantasy, where we might expect a wide play of fancy, we see nothing of the kind. There are good monarchies, legitimised by prophecy or ancient artifact. There are evil empires, usually in the east. There are barbarian tribes. Here and there, if we're lucky, there are city states ruled by merchant princes. There are plenty of exceptions - Pratchett, Gentle, Pinto, Mieville - but that's the rule.
We can do better than that!
Let's start with SF. There, it's easy. All we have to do is junk the rule of one government per world. If you have a one-world government for a reason, that's fine. But let's stop making it the default. Even if a human settlement is derived from one colony ship (and why assume that, by the way?), there's no reason to assume that it'll stay united. In fact, there's every reason why it shouldn't, as the population expands and moves into new territories. The European settlements in North America existed for centuries as separate colonies before they became, with much upheaval, the United States.
If it's an alien planet, of course, there's even more scope for differentiation, yet here the one-government-per-world rule is more rigorously kept. All the more kudos to you if you break it.
If the social system or government isn't just background but central to the plot - to illustrate your pet political theory, say - there's a different rule to junk. That rule is that all foregrounded political systems work the way they're supposed to. This is true even if the way they're supposed to work is to not work (crush the human spirit etc etc). Just for a change, I'd like to see a libertarian writer depict a laissez-faire society with persistent social problems. I'd like to see a left-wing writer show a socialist society that isn't a utopia, but has real, nigh-intractable difficulties and internal contradictions (and not just, say, radio-borne viruses beamed at it by malevolent posthumans). I'd like to see the converse of these, as well, from the opposite (and other) authorial preferences.
With fantasy it's a little more complicated. So many plots, after all, turn on claiming rightful thrones or toppling dark lords that kingdoms and dominions can't be easily dispensed with. But there's no reason why these have to be simple. When your hidden princess at last ascends to her rightful throne, can she get away with relying on one or a few wise advisers? Mightn't she have to persuade a fractious parliament to come up with the money for the Defeat of the Dark Lord (Miscellaneous Provisions) Bill? What if this parliament, like the real-world Polish Sejm, requires unanimous consent? Could her kingdom, like Poland, be in permanent peril of just vanishing from the map? 
Could there be a whole school of thought that holds that mere possession of the Blue-Sapphired Sceptre of Snazziness is not, in fact, the basis of legitimacy? That instead, a pilgrimage to the Convent of Extraneous Plot-Device must precede an acclamation by the knights of the Realm? Can the Dark Lord, meanwhile, run his vast domain with a handful of henchmen, terrified minions and lickspittle courtiers? Doesn't he need, at the very least, some plodding but reliable bureaucrats? To say nothing of an arms industry and scientific - or magic - research, all of which will need some genuine enthusiasts. And all of this complication doesn't just add depth and colour to the background - it opens up plot possibilities. Does the Dark Lord's armourer never think of expanding his export markets? Might he not stoop to taking money even from the Forces of Good?
If you compare the map at the front of the standard fantasy trilogy with the maps in The Penguin Atlas of World History (for the Middle Ages, say) the contrast is striking. The almost fractal depth of mediaeval geographic complexity makes most fantasy maps look decidedly thin and unimaginative. A glance at the diagrams of state and social structures (for the various stages of the Roman Empire, for instance, or the mercantilist system) is likewise an eye-opener.
And with that opened eye, take a look down the Atlas's right-hand pages, which give the chronology and the exposition. If that doesn't get your imagination working, nothing will. There are lots of cool names, too.
[Note: This originally appeared in the BSFA magazine Focus, some time ago.]
CMAP #5: Why books are the length they are [Charlie's Diary]
Publishing is a whole bunch of different businesses flying in loose formation; which is by way of saying that this particular topic is specific to commercial fiction publishing and has nothing to do with text books, technical reference manuals, autobiographies, or cookbooks.
Why are novels (the prevailing form of fictional entertainment on retail sale today) generally the length that they are?
Mozilla borrows from WebKit to build fast new JS engine [Open Ended]
Mozilla's high-performance TraceMonkey JavaScript engine, which was first introduced in 2008, has lost a lot of its luster as competing browser vendors have stepped up their game to deliver superior performance. Firefox now lags behind Safari, Chrome, and Opera in common JavaScript benchmarks. In an effort to bring Firefox back to the front of the pack, Mozilla is building a new JavaScript engine called JagerMonkey.
The secret sauce that will drive Mozilla's new JavaScript engine engine into the fast lane is some code borrowed from Apple's WebKit project. Mozilla intends to bring together the powerful optimization techniques of TraceMonkey and the extremely efficient native code generator of Apple's JSCore engine. The mashup will likely deliver a significant boost in Firefox's JavaScript execution speed, making Mozilla's browser a formidable contender in the ongoing JavaScript speed race.
Read the comments on this post
Guide to Microsoft Police Forensic Services [Schneier on Security]
The "Microsoft Online Services Global Criminal Compliance Handbook (U.S. Domestic Version)" (also can be found here, here, and here) outlines exactly what Microsoft will do upon police request. Here's a good summary of what's in it: The Global Criminal Compliance Handbook is a quasi-comprehensive explanatory document meant for law enforcement officials seeking access to Microsoft's stored user information. It also...
Browsing for a new way to surf the web [What Will We Use on June 30, 2011?]

From ieteam's flickr stream under Attribution-Noncommercial-Share Alike 2.0 Generic license, open the code Microsoft, or else...
March 2010 will prove to be a critical month in ending Microsoft’s chances of having majority browser market share. All of the sudden, people world wide will be asking themselves, “What will we use?”
I believe that every person should be free to choose a browser. How did I choose not to use Internet Explorer?
On my first internet computer, I used Mosaic as a web browser in 1993. In the 1990s I also tried AOL’s browser but Netscape Communicator was my favourite. By the end of the decade, I was using Mozilla on Linux causally. Through the mid-2000’s Windows 9x would be my primary desktop where I used Netscape/Mozilla/Firefox until my husband gave me an Apple.
Admittedly, I have not used Opera and Safari since 2003. I was using MacOSX on the desktop at the time and there was no definitive browser king for that platform at the time. I tried Internet Explorer and Firefox for the Mac too. As I recall, I ditched Opera because its no-cost product was Adware. Commercials would display in a panel taking up valuable screen real-estate and bandwidth. On that system, Safari was my favourite browser for a few months because it was the only one with tab support. Soon after, Firefox released tab support and I was back home with the Netscape/Mozilla based browsers. There were no features with Internet Explorer worth holding my attention. For the most part since 2005, I have faithfully using Firefox.
I do want to tip my hat to two other browsers: Safari and Opera.
Apple products, Safari is no exception, have aesthetics in mind. I’m sure some people appreciate its integration with Itunes. Due to it’s lack of Linux version, however, I have not even tried the Apple browser since 2005 when my MacOSX system died. Even so, I understand why people enjoy Safari. While the entire Safari browser is not open source, the core components known as Webkit are open source. have been re-implemented as Konquerer and Epiphany by KDE and GNOME. Quite honestly, I wonder if these browsers are mistaken for Safari in market share counters. Either way, Apple benefits from the code they do write and the code they did not directly sponsor to make the Safari product.
Are you paying attention Microsoft? Since you do not sell Internet Explorer as a product, why do you hold onto the code? Learn from your competitor Apple. This is how you can leverage open source to maintain relevance now that your browser is no longer holding the majority of market share.
Microsoft does not have a monopoly in the proprietary browser space. Opera, the browser that I have not as much as blinked at since 2003 is alive and well. Apparently, they are the fastest mobile web browser – a market where Microsoft suffers. Business at Opera is good since they have figured out how to monetize. Also paying the bills for Opera is Nintendo who have partnered web browsing product for Wii and DSi called the Internet Channel. While Microsoft makes console browsing difficult, Nintendo keeps their customers happy Too bad for Microsoft who can not get past the vaporware stage when it comes to launching their own portable game system, let alone porting IE for it.
While Microsoft is teasing us with the idea that they MIGHT think about working with open web standards when they release IE9, Opera has been pushing for open standards for quite some time now. Recently, the Opera folks have gstreamer and promoting .ogg which is a huge win for anyone who believes in free content.
Seriously, Microsoft, people do not prefer your browser. This has been true for years. Web developers don’t want to support IE6 as of last March. They’ve banded together to bring down IE6 and now Microsoft has to listen. With end-of-life as of June 2010, Microsoft can no longer count IE6 as part of this market share. Even with NetApplications which continues to claim majority market share for IE, take out the IE6/5 and Microsoft only has 36.09% browser market share. Users will not upgrade from IE6 to another Microsoft product. Your market share tanks at the rate of 3% a quarter. Now that Europe is given a choice, Microsoft does not have a prayer of holding onto significant browser market share. Its all over this March for Microsoft web browsers, Google said so.
Whatever Microsoft ends up doing about the browser, all I can say is, “it is your funeral.”
Come June 30, 2011, Microsoft will lack Office Suite and Operating System market share.
Here is no comments yet by the time your rss reader get this, Do you want to be the first commentor? Hurry upMore on sun-climate relations [RealClimate]
Four new papers discuss the relatiosnhip between solar activity and climate: one by Judith Lean (2010) in WIREs Climate Change, a GRL paper by Calogovic et al. (2010), Kulmala et al. (2010), and an on-line preprint by Feulner and Rahmstorf (2010). They all look at different aspects of how changes in solar activity may influence our climate.
The paper by Judith Lean (2010) has the character of a review article, summarizing past studies on the relationship between solar forcing and climate. The main message from her article is that the solar forcing probably plays a modest role for the global warming over the last 100 years (10% or less). It’s a nice overview, but I miss treatment of uncertainties.
Her analysis is based on the HadCRUT3 data, and I wonder if she would get similar results if she chose the GISTEMP or NCDC instead. The choice may in particular be relevant for the discussion of the temperatures after 1998.
Personally, I regard the data on solar activity before 1900 as quite uncertain too. The reason is that there are strange things happening to the solar cycle length in the shift from the 19th to the 20th century. Hence, any analysis based on the past centuries is uncertain because of suspect data quality in the early part of the record. Lean mentions that proxy-based records are uncertain, however.
Another source of uncertainty stems from the analysis itself – a regression analysis with chaotic data can easily yield misleading results. Gavin and I showed in a recent paper that multiple regression can produce strange results when applied to the global mean temperature and a number of forcings.
In other words, I think the reader may get the wrong impression from Lean (2010) that the link between solar activity and climate is better established than the data and methods suggest. Especially when she discusses forecasts for the near future (eg. for year 2014) – I fear that such a discussion can be misinterpreted and misused. However, that’s my view, and it does not necessarily mean that her paper is incorrect – quite the opposite, I think her main conclusions are sound (Her estimate of the solar contribution to the global warming over past century – 10% or less – is in good agreement with the figure Gavin and I got in our analysis).
The positive side is that the paper is probably clearer and more accessible without all these caveats. I also think she makes an interesting point when she discusses ‘fundamental puzzles’ associated with claims of strong solar role in terms of the past warming. She puts this into the context of climate sensitivity, arguing that it would imply that Earth’s climate be insensitive to well-measured increases in GHG concentrations and simultaneously excessively sensitive to poorly known solar brightness changes. Furthermore, Lean argues that it would also require that the Sun’s brightness increased more in the past century than at any time in the past millennium – a situation not readily supported by observations.
The paper of Calogovic et al. (2010) is a follow-up of a recent paper by Svensmark et al. (2009), looking into the claim that the cloud water content drops after a Forbush event. Their work involved estimating cosmic ray fluxes for the whole planet, and comparing it to local cloud information derived from satellites. They concluded that the Forbush events had no detectable effect on the clouds.
Moreover, they also argued that the analysis of Svensmark et al. (2009) gave unreliable results since it included a Forbush event on January 20, 2005 which was accompanied by a strong solar proton event. However, they did not explain explicitly why such proton events would disturb the measurements, but referred to another study by Laken et al. (2009) in Geophysical Research Letter. Laken et. al. only discusses the proton events briefly, and refers to a study by Fluckiger et al. (2005), who state that “The cosmic ray ground level enhancement (GLE) on January 20, 2005 is ranked among the largest in years, with neutron monitor count rates increased by factors of more than 50″.
But there is no reference to proton events in Fluckiger et al. (2005), so I’m not convinced that proton events will invalidate the analysis of Svensmark et al. (2009). Perhaps I’m missing something? Anyway, this is only a minor detail, and the rest of the analysis of Calogovic et al. (2010) seems more convincing. Their conclusion is supported by Kulmala et al. (2010): “galactic cosmic rays appear to play a minor role for atmospheric aerosol formation events, and so for the connected aerosol-climate effects as well”. Kulmala’s group in Finland boasts many world-renowned aerosol physicists.
The study by Kulmala et al. (2010) was based on near-ground measurements of aerosols, magnetic field, cosmic rays, sunlight intensity (solar radiation), and ionization over a 13-year long period (~1 solar cycle). They also used airborne Neutral cluster and Air Ion Spectrometer, LIDAR and Forward Scattering Spectrometer Probe measurements. They failed to detect any correlation between cosmic ray ionization intensity and atmospheric aerosol formation.
Feulner and Rahmstorf address a speculation stated by Lean: the possibility of solar forcing countering anthropogenic global warming. Their paper examines the effect a solar grand minimum (low solar activity similar to that inferred for the Maunder Minimum) would have on the global mean temperature by 2100. By accounting for a corresponding reduction in forcing for the future in a climate model study, they conclude that the effect is negligible (less than 0.3K compared to 3.7 – 4.5K if the SRES A1b or A2 emission scenarios were assumed).
So what can we learn from these articles? What we see is how science often works – increases in knowledge by increments and independent studies re-affirming previous findings, namely that changes in the sun play a minor role in climate change on decadal to centennial scales. After all, 2009 was the second-warmest year on record, and by far the warmest in the southern hemisphere, despite the record solar minimum. The solar signal for the past 25 years is not just small but negative (i.e. cooling), but this has not noticeably slowed down global warming. But there are also many unknowns remaining, and the largest uncertainties concern clouds, cloud physics, and their impact on climate. In this sense, I find it ironic that some people still rely on the cosmic rays argument as their strongest argument against AGW – it does involve poorly known clouds physics!
Backtracking on Foreign Investment in Telecom [Michael Geist Blog]
The government appears to be backtracking on quickly opening the Canadian telecom market to foreign investment. Industry Minister Tony Clement's press secretary now says "our government will also be investigating the existing restrictions for the telecommunications industry. This is a complex issue involving changes to business models, rapidly evolving technology, and existing legislation, such as the 1993 Telecommunications Act."
Access Copyright Alters Payment System [Michael Geist Blog]
Quill and Quire reports that Access Copyright has made significant changes in the way it distributes is funds. Eligible creators will now receive payments based on quantity of their output.
Joint European Parliament ACTA Transparency Resolution Tabled, Vote on Wednesday [Michael Geist Blog]
A joint resolution on Transparency and State of Play of ACTA negotiations from virtually all party groups in the European Parliament was tabled earlier today. It will debated tonight and faces a vote on Wednesday. If approved, the resolution marks a major development in the fight over ACTA transparency. It calls for public access to negotiation texts and rules out further confidential negotiations. Moreover, the EP wants a ban on imposing a three-strikes model, assurances that ACTA will not result in personal searchers at the border, and an ACTA impact assessment on fundamental rights and data protection. The full resolution:
The European Parliament,
– having regard to Articles 207 and 218 TFEU
- having regard to its Resolution of 9 February 2010 on a "Renewed Framework Agreement between the Parliament and the Commission for the next legislative term" (B7-0091/2010)
– having regard to its Resolution of 11 March 2009 on "Public access to European Parliament, Council and Commission documents (recast)" to be considered as Parliaments position in First Reading (COM(2008)0229 – C6-0184/2008 – 2008/0090(COD))
– having regard to its Resolution of 18 December 2008 on "the impact of counterfeiting on international trade" (2008/2133(INI))
- having regard to the Opinion of the European Data Protection Supervisor of 22 February 2010 on "the current negotiations by the European Union of an Anti-Counterfeiting Trade Agreement (ACTA)"
- having regard to the Charter of Fundamental Rights of the European Union, and in particular its Article 8,
- having regard to Directive 2002/58/EC of European Parliament and Council concerning the processing of personal data and the protection of privacy in the electronic communications sector, as last amended by Directive 2009/136/EC of the European Parliament and of the Council of 25 November 2009
- having regard to Directive 2000/31/EC of European Parliament and Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (Directive on Electronic Commerce)
- having regard to Rule 110 of its Rules of Procedure,
A. whereas in 2008 the European Union and other OECD countries opened negotiations on a new plurilateral agreement designed to strengthen the enforcement of Intellectual Property Rights (IPRs) and combat counterfeiting and piracy (Anti-Counterfeiting Trade Agreement - ACTA), and jointly agreed on a confidentiality clause,
B. whereas in its report of 11 March 2009 Parliament called on the Commission to "immediately make all documents related to the ongoing international negotiations on the Anti-Counterfeiting Trade Agreement (ACTA) publicly available",
C. whereas the Commission on 27 January 2010 assured its commitment to a reinforced association with Parliament in the terms of its Resolution of 9 February 2010 on a renewed Framework Agreement with the Commission, demanding "immediate and full information at every stage of negotiations on international agreements, in particular on trade matters and other negotiations involving the consent procedure, to give full effect to Article 218 TFEU",
D. whereas Council representatives have attended ACTA negotiation rounds alongside with Commission representatives,
E. whereas the Commission as guardian of the Treaties is obliged to uphold the acquis communitaire when negotiating international agreements affecting legislation in the EU,
F. whereas, according to documents leaked, the ACTA negotiations touch, among others, on pending EU legislation regarding the enforcement of IPRs (COD/2005/0127, Criminal measures aimed at assuring the enforcement of intellectual property rights, (IPRED-II)) and the so-called "Telecom Package", and on existing EU legislation regarding E-Commerce and data protection,
G. whereas the ongoing EU efforts to harmonise IPR enforcement measures should not be circumvented by trade negotiations which are outside the scope of the normal EU decision-making processes,
H. whereas it is crucial to ensure that the development of IPR enforcement measures is accomplished in a manner that does not impede innovation or competition, undermine IPR limitations and personal data protection, restrict the free flow of information, or unduly burden legitimate trade,
I. whereas any agreement reached by the European Union on ACTA must comply with the legal obligations imposed on the EU with respect to privacy and data protection law, as notably set forth in Directive 95/46/EC, in Directive 2002/58/EC and in the jurisprudence of the European Court of Human Rights and of the Court of Justice,
J. whereas the Treaty of Lisbon is in force since 1 December 2009,
K. whereas as a result of the entry into force of the Lisbon Treaty, the Parliament will have to give its consent to the ACTA Treaty text, prior to its entry into force in the EU,
L. whereas the Commission committed itself to provide immediate and full information to the European Parliament at every stage of negotiations on international agreements,
1. Reminds that the Commission has since the 1 December 2009 the legal obligation to immediately and fully inform the European Parliament at all stages of international negotiations;
2. Expresses its concern over the lack of a transparent process in the conduct of the ACTA negotiations which contradicts the letter and the spirit of the TFEU; is deeply concerned that no legal base has been established before the start of the ACTA negotiations and that no parliamentary approval has been asked for the mandate;
3. Calls on the Commission and Council to grant public and parliamentary access to ACTA negotiation texts and summaries in accordance with the Treaty and the Regulation 1049/2001 on Public Access to Documents;
4. Calls on the Commission and Council to pro-actively engage with ACTA partners to rule out any further negotiations of an a piori confidential nature and to timely and entirely inform Parliament about its initiatives in this regard; expects the Commission to make proposals already prior to the next negotiation round in New Zealand in April 2010 and to demand that the issue of transparency is put on the agenda of that meeting, and to refer to Parliament the outcome of this round immediately after its conclusion;
5. Stresses that, unless the Parliament is immediately and fully informed at all stages of the negotiations, Parliament reserves its right to take suitable action, including bringing a case before the Court of Justice in order to safeguard its prerogatives;
6. Calls on the Commission to conduct an impact assessment of ACTA's implementation on fundamental rights and data protection, on the ongoing EU efforts to harmonise IPR enforcement measures, and on E-Commerce, prior to any EU agreement to a consolidated ACTA treaty text, and to timely consult with Parliament about the results of this assessment;
7. Welcomes affirmations by the Commission that any ACTA agreement will be limited to the enforcement of existing IPRs, with no prejudice for the development of substantive IP law in the European Union;
8. Calls on the Commission to continue the negotiations on ACTA in order to improve the effectiveness of the IPR enforcement system against counterfeiting;
9. Urges the Commission to ensure that the enforcement of ACTA provisions - especially its provisions on copyright enforcement procedures in the digital environment - are fully in line with the acquis communitaire; demands that no personal search is undertaken at the EU borders and requests full clarification of any clauses that would allow for warrantless searches and confiscation of information storage devices, such as laptops, cell phones and MP3 players, by border and customs authorities;
10. Considers that in order to respect fundamental rights such as freedom of expression and the right to privacy, with full respect for subsidiarity, the proposed Agreement must refrain from imposing any so called "three strikes" procedures, in full respect of the decision of Parliament on article 1.1b in the (amending) Directive 2009/140/EC that calls to insert a new para 3 a to article 1 Directive 2002/21/EC on the matter of "three strikes"
11. Emphasizes that privacy and data protection are core values of the European Union, recognised in Article 8 ECHR and Articles 7 and 8 of the EU Charter of Fundamental Rights, which must be respected in all the policies and rules adopted by the EU pursuant to Article 16 of the TFEU;
12. Instructs its President to forward this resolution to the Commission, the Council and the Governments and Parliaments of ACTA negotiation participants.
Mozilla previews new feature to guard against Flash crashes [Open Ended]
Adobe CTO Kevin Lynch claims that the company's ubiquitous Flash plug-in doesn't ship with any known crash bugs. One can only assume that he has never used the software. As Adobe representatives exhibit an increasingly dismissive attitude about Flash's technical deficiencies, the browser vendors have stepped up to address the problems and are finding ways to insulate their users from Flash's poor security and lack of stability.
Several mainstream browsers isolate Flash and other plug-ins in separate processes in order to prevent an unstable plug-in from crashing the entire browser. Mozilla is preparing to introduce a similar feature in the next version of Firefox. A developer preview that was recently made available to users offers an early look at the new plugin crash protection.
Read the comments on this post
Messylaneous for 2010/03/08 [DragonFly BSD Digest]
I gots a Summer of Code org application to write up, so you get a linkdump:
An mp3 of “PFSense II, Rocking The Datacenter” at NYCBUG, via Dru Lavigne. Also, her “BSD for Linux Users” at the SCALE website.
A 5-part series about Scripting Vim, written by a terribly smart guy? Interesting! (Yeah, I did link to a part of it before…)
Have you ever wondered if building more than one pkgsrc package at a time can be a problem? Others have too, and apparently there’s a fix. If you don’t want to have to get to a command line to find the answer, it’s:
PKGSRC_LOCKTYPE?= none
The type of locking that will be done if competing processes
attempt to do work on one package directory simultaneously.
Possible values:
* none: No locking takes place at all.
* once: When the lock has already been aquired by another
process, the current process is terminated.
* sleep: When the lock has already been acquired by another
process, the current process will sleep for PKGSRC_SLEEPSECS
seconds and then try again.You should also set OBJHOSTNAME when you are using the same
copy of pkgsrc on different hosts, maybe via NFS. This is because the locking process writes its process ID into the lockfile, and process IDs on different hosts are unrelated.See also: LOCALBASE_LOCKTYPE, WRKDIR_LOCKTYPE.
Failed Beer Recipes [The Mad Fermentationist]
Every once in awhile I brew a beer that flat out sucks, not because of a process error, not because of an infection, but because I make a mistake when designing the recipe. In general this blog has been a record of my successes as a homebrewer, but today I thought I'd take a look at a few of my "oops" batches. A couple batches I've posted about in the past have turned out less than stellar (infected Foreign Export Stout, and First Batch of Lambic for example), but they have been the result of microbial issues not recipe design; the blame for the three batches below falls squarely on me. Hopefully a few of you will be able to glean some information from my failures that will help you avoid the same pitfalls.
In general I've had mediocre to poor luck with "concept" beers, my Oatmeal Cookie Beer being the prime example. My father is a big oatmeal raisin cookie fan, so back in 2006 I decided to try brewing a beer for him with similar flavors as a Christmas present. I started with a relatively standard brown ale base and added home toasted oats, brown sugar, raisins, vanilla, cinnamon, nutmeg, and toasted walnuts (sounds good right?). The flavor wasn't terrible (although it wasn't great either), but what really killed the drinking experience was the complete lack of head retention and the oily mouthfeel both due (I suspect) to the fat in the walnuts. I knew something was wrong when the beer fermented without a krausen, who knew that 1 cup of ground walnuts in the mash would provide enough oil to have such an impact? Lesson: Be careful when adding fatty ingredients to a beer.
One of the beers that got me into "good" beer early on was Ommegang Hennepin, the subtle ginger flavor really struck me (especially since I was into Jamaican ginger beer/ale at the time). My friend Jason and I wanted to do something a bit more "interesting" though, and when you are first brewing that means strong. We took a clone recipe from BYO and increased the malt/sugar/hops by 50% to make it closer in strength to a Belgian Strong Golden. The recipe suggested 1 oz of dried ginger (we upped it to 1.25 oz), which turned out to be far too much, especially because I used ultra-potent ground ginger that I picked up at Penzeys shortly before brewday. Farmhouse Ales suggests only .5 -1.2 g of ginger in 5 gallons of saison (I had good luck with the saison I brewed for my Cable Car clone falling those guidelines). After choking down most of the batch I am still sensitive to the flavor of dried ginger in beer to this day. Lesson: Don't trust any recipe, even if it is from a "reliable" source.
Feds Move to Break Voting-Machine Monopoly [Wired: Threat Level]
Citing anti-competitive concerns, the Justice Department sued Election Systems & Software in order to force the company to divest itself of the voting machine assets it obtained from Premier Election Solutions last year.
The department’s antitrust division, along with nine state attorneys general, filed the civil antitrust lawsuit (.pdf) in U.S. District Court in Washington, D.C., charging that the acquisition threatened competition. The department proposed a settlement that, if accepted, would dissolve the merger and force ES&S to sell its Premier business to a buyer approved by the Justice Department.
“The proposed settlement (.pdf) will restore competition, provide a greater range of choices and create incentives to provide secure, accurate and reliable voting-equipment systems now and in the future,” said Molly S. Boast, deputy assistant attorney general for the antitrust division in a statement.
The nine states that joined the suit are Arizona, Colorado, Florida, Maine, Maryland, Massachusetts, New Mexico, Tennessee and Washington.
Last September, Premier (formerly Diebold Election Systems) announced that ES&S had purchased the company for $5 million in cash, plus 70 percent of revenue collected on existing accounts through the end of August 2009.
Even before the sale, ES&S, based in Omaha, Nebraska, was the nation’s largest voting-machine maker, with machines being used in 43 states. ES&S systems were “utilized in counting approximately 50 percent of the votes in the last four major U.S. elections,” according to the company’s website. The company also created statewide voter registration systems used in California, Maryland, Missouri, Nebraska and New Mexico.
Its acquisition of Premier, the second-largest voting machine maker with equipment used in 33 states, gave it a near monopoly on election gear and would have had the company providing 70 percent of voting equipment in the country. Premier was a division of Diebold, Inc, which is based in Canton, Oh.
Election integrity activists expressed concern at the time that the purchase would have a detrimental effect on competitive pricing for election districts and would also affect the development of accurate and secure voting systems, since ES&S would have little incentive to improve its voting systems without viable competitors. They were also concerned that ES&S would stop supporting the Premier equipment and try to pressure election officials who owned the equipment into purchasing ES&S machines.
Spokeswomen for Verified Voting and Voter Action declined to comment on the lawsuit or proposed settlement until their organizations have a chance to review the documents and discuss them with the Justice Department.
The settlement would force ES&S to divest itself of all intellectual property and means associated with producing all versions of Premier’s software, firmware and hardware as well as all inventory of parts and components.
ES&S must also grant to whoever acquires the Premier business a “fully paid-up, irrevocable, perpetual license” to use ES&S’s own AutoMark system. The AutoMark is a ballot marking device for disabled voters. Premier had obtained a limited license to sell the device prior to the acquisition. The buyer of the Premier business will be able to modify both the Premier products and the AutoMark system.
The proposed settlement would also require ES&S customers who are currently under contract to use Premier systems the chance to switch to the new buyer or remain with ES&S and obtain ES&S equipment. ES&S would be prohibited from bidding on new contracts for Premier equipment.
To make the transition smooth and avoid disrupting upcoming elections, ES&S must provide existing Premier customers with access to employees who are knowledgeable about the Premier systems and work out a supply agreement until the new buyer is able to take over manufacturing of the equipment.
ES&S said in a statement that it recognized that the acquisition had caused concern.
“With that in mind, we fully cooperated and have been working closely with the antitrust division of
the Department of Justice to address those concerns,” the company said. “We look forward to a resolution of this matter that will allow jurisdictions to move forward immediately in planning for upcoming election events.”
The company added that since the merger, it had provided support for more than 1,000 election events administered by former Premier customers.
Photo: Ben Sutherland/Flickr
See also:
reMail iPhone app re-released under Apache 2 license [Open Ended]
Two weeks ago, we reported that Internet search giant Google had acquired third-party iPhone mail application reMail. At the time, Google rehired reMail CEO and programmer Gabor Cselle to work as a product manager on the Gmail team. reMail was then pulled from the App Store and Google decided to discontinue the app, only offering support through the end of March. However, Google recently contacted Ars to say that it had decided to make the code available as open source on Google Code under the Apache 2.0 License.
The Apache 2.0 License states that the code is free to use, alter, and redistribute as the user sees fit. Further, users can charge for any aspect of the software they choose, including the application itself or support. That means people can use portions of code to add functionality in their own applications or create totally new ones without having to release them under an open source license. Google usually favors the Apache license over alternatives and uses it for Android.
This may still mean the end of reMail, but it's good news for anyone looking to incorporate more advanced e-mail functionality into their own applications. As Cselle pointed out in his blog post, he has already dealt with many of the obstacles associated with developing an e-mail client, including communication with IMAP and parsing MIME messages. In other words, there's no need to reinvent the wheel if you don't have to.
If you're interested in poking around, the code can be found on Google Code, where there has already been a fair amount of action since the announcement on Friday.
Read the comments on this post
Google in The Onion [Schneier on Security]
Funny: MOUNTAIN VIEW, CA—Responding to recent public outcries over its handling of private data, search giant Google offered a wide-ranging and eerily well-informed apology to its millions of users Monday. "We would like to extend our deepest apologies to each and every one of you," announced CEO Eric Schmidt, speaking from the company's Googleplex headquarters. "Clearly there have been some...
Funeral Flap: Justices Weigh Religion, Speech Rights [Wired: Threat Level]
The Supreme Court agreed Monday to delve into the sensitive question of whether the First Amendment protects anti-gay protesters carrying placards outside military funerals saying “America is Doomed,” “Thank God for 9/11″ and other volatile phrases like “Thank God for dead soldiers.”
The messages and picketing are part of a Kansas church’s belief that the United States’ tolerance for homosexuality is cause for soldiers’ deaths in Iraq and Afghanistan.
The case the justices decided to review Monday tests the boundaries of free speech versus freedom of religion — doctrines embodied in the First Amendment.
Without comment, the justices agreed to review last year’s federal appellate decision overturning a $5 million verdict (.pdf) in favor of a Baltimore father who sued the Westboro Baptist Church of Topeka and its pastor, Fred Phelps, in 2006. The father of Marine Lance Cpl. Matthew Snyder was awarded damages for, among other things, invasion of privacy and emotional distress for the events that occurred outside his son’s funeral at a Catholic church in Maryland.
“Whether the freedom of religion and assembly is subordinate to the freedom of speech is an important question because by necessary implication, one of the tenets of the First Amendment is undermined,” (.pdf) lawyers for the soldier’s father, Albert Snyder, told the high court in a filing.
His lawyers told the justices that the presence of Phelps and a handful of others “created a negative and circus-like atmosphere during a solemn and religious occasion” and “added insult to injury during a time of grief and mourning.” The protesters also displayed a banner depicting two men engaging in anal sex.
Lawyers for Phelps, however, urged the court to stay out of the case, saying the deaths of U.S. soldiers are a matter of public concern and debate.
“How these soldiers are living and dying is a topic of substantial public interest and dialogue, at least nationwide, probably worldwide. The prevailing view is that the soldiers are heroes, and that God is obligated to bless America,” (.pdf) Phelps’ lawyers wrote. “Those views clash with the Bible, in respondents’ sincerely held religious opinion, and when these funerals are used to express those viewpoints, respondents feel duty bound to provide a countervailing message, to wit, if you want God’s blessings, you have to obey him, and if you want the soldiers to stop dying, you have to stop sinning in this nation.”
Photo: Phelps prepares to protest outside the Kansas Statehouse in Topeka, Kan., in 2006. (AP Photo)
MeeGo code coming in March, will run on Atom boards and N900 [Open Ended]
In an announcement published last week, Nokia's Valtteri Halla revealed that Intel and Nokia are planning to launch the public MeeGo source code repository by the end of the month.
The MeeGo project began to take shape last month when Intel and Nokia announced plans to merge their respective Linux-based mobile computing platforms into a single open source software project. The unified software platform, which consists of technology from Maemo and Moblin, will be designed for use on a wide range of device form factors and will support both ARM and x86 architectures.
Read the comments on this post
Eating a Flash Drive [Schneier on Security]
How not to destroy evidence: In a bold and bizarre attempt to destroy evidence seized during a federal raid, a New York City man grabbed a flash drive and swallowed the data storage device while in the custody of Secret Service agents, records show. The article wasn't explicit about this -- odd, as it's the main question any reader would...
Correcting Errors and Making Changes [Freedom to Tinker]
[This is the fourth post in a series on best practices for government datasets by Harlan Yu and me. (previous posts: 1, 2, 3)]
Even cautiously edited datasets sometimes contain errors, and even meticulously produced schemas require refinement as circumstances change. While errors or changes create inconvenience for developers, most developers appreciate and prepare for their inevitability. Agencies should strive to do the same. A well-developed strategy for fixes and changes can ease their burden on both developers and agencies.
When agencies release data, developers ideally will interact with it in creative new ways. Given datasets containing megabytes to gigabytes of data, novel uses will reveal previously unnoticed errors. Knowledge of these errors benefits the agency as well as other developers using the data, so agencies should take steps to encourage error reporting. Labels in a dataset allow developers to specify errors efficiently and unambiguously. An easy-to-find channel for reporting errors, such as a prominently provided email address or web form, is also critical. Tracking down the contact information of the person responsible for a dataset can be difficult, and a well-known channel reduces this barrier to feedback.
Upon learning of an issue in a dataset, an agency should correct the problem and release the corrected dataset in a timely manner. An important fact to keep in mind when correcting data is that numerous developers may have already downloaded and begun using the old flawed version. For these developers, even a minor modification can cause major issues if not done carefully. Agencies should think about two things: how they will make developers aware that the dataset has been modified and how they will change the dataset itself. The first point is sometimes ignored in spite of its importance. Not only should datasets contain version information, but agencies should also notify developers when the data that they rely on has changed. In particular, agencies should allow developers to subscribe to an email list or an RSS feed for specific datasets that details updates in a well-structured manner. These updates should clearly specify the dataset and version affected, a location where the updated dataset can be found, and a description of the changes to the dataset. When possible, these changes should be specified via a formal, structured description--for example, a diff output--as well as a brief prose explanation.
Correction of dataset contents should proceed cautiously. Suppose that an application allows user to comment on parts of a document. If labels are in a dataset are not maintained consistently across versions, the developer may need to painstakingly map comments from the old data to the corresponding parts of the new dataset. Issues like this can be mitigated through several practices. First, an agency should seek to preserve labels across versions of a dataset when possible (alternatively, in some cases an agency might wish to change the labels but provide a mapping to assist developers). For example, a dataset might aggregate numerous documents, and a minor change in one document should not necessarily change the labels for the other documents. Recall the side note from our previous post that labels should be separate from ordering information. Corrections to a dataset may add, remove, or reorder items. Detaching order from labels can help agencies ensure label consistency across dataset versions. In addition, the last post and its comments discussed whether agencies should provide a label that is separate from its internally used agency label. This separation allows labels to remain consistent even when Subsection X becomes Section Y based on the internal agency labels. Note that these points about consistent labeling can be useful whenever a dataset could have multiple versions: for example, consistent labeling might be beneficial across various versions of a bill.
Similarly, the structure that agencies use for datasets, the locations where the datasets are hosted, and other details of a dataset sometimes must change. Suppose that an agency releases various statistics each month. When the agency is asked to provide a new statistic, the new data may necessitate changes to the XML schema. Alternatively, the agency may decide to host data at the address "http://www.agency.gov/YEAR/MONTH/data.xml" rather than "http://www.agency.gov/MONTH-YEAR/data.xml," causing issues for automated tools that periodically check for and download new data. To reduce the adverse impact of these changes on developers, agencies should provide detailed notice of the changes as early as possible. Early notice gives developers time to modify their tools. These notifications can occur via an email list or RSS feed providing details of the changes in a clear, consistent format.
The possibility of changes and their impact on developers should be taken into account at all stages of the data production process. Suppose an agency adds an element to a schema that specifies a unique individual, but the schema may someday need to specify a corporation instead. Although the agency should not speculatively add unnecessary elements to the schema, it should be mindful of possible changes when designing the rest of the schema. Various design choices may minimize the impact of a change if necessary later. Agencies should also avoid the urge to alter a schema dramatically each time it requires a minor change. A major overhaul—even when done to clean up the schema—may require equally dramatic changes in tools utilizing the data. To ensure that developers notice changes to XML schemas, both schema files and datasets should contain a prominent schema version number. If an agency changes the location where data is hosted, it should consider temporarily using aliases so that requests using old addresses automatically take you to the correct data. Once the old addresses are phased out, agencies should use a standard HTTP 404 status code to indicate that the requested data was not found at the specified location. Simply supplying a "Not Found" page without this standard code could make life harder for developers whose automated tools must instead parse this page.
When making changes, agencies should consider soliciting input directly from developers. Because the preferences of developers might not be obvious, this input can lead to choices that help developers without increasing the burden on agencies. In fact, developers may even come up with ideas that make life easier for an agency.
Our next and final post in this series will discuss a handful of additional issues for agencies to consider.
etc: Ever get a hankering to run NCSA Mosiac again? Well now you can, on Linux at least. [Open Ended]
Ever get a hankering to run NCSA Mosiac again? Well now you can, on Linux at least.
Read More: Alan Dipert on Github
Read the comments on this post
De-Anonymizing Social Network Users [Schneier on Security]
Interesting paper: "A Practical Attack to De-Anonymize Social Network Users." Abstract. Social networking sites such as Facebook, LinkedIn, and Xing have been reporting exponential growth rates. These sites have millions of registered users, and they are interesting from a security and privacy point of view because they store large amounts of sensitive personal user data. In this paper, we introduce...
Eulogy for a writer [dive into mark]
Everyone is what they preach: pragmatism, fatalism, pessimism. My end is contained in my beginning: predestined, foreshadowed, prescribed. Drugs win drug war. Recalling a lifetime of selective self-destruction, I die alone, simultaneously over– and under-medicated.
Death is another day; the object of life is to cheat it. “The years are like octaves, scales descending the keyboard.” Days, months, years, a process of continually arrested falling. Gravity, thou art a heartless bitch. How can you keep from falling forever? Ridiculous. So at last, the future cries “Enough!” and slams its fist on the acrostic.
Clotho, Lachesis, Atropos. Someday my funeral will be videotaped and released under a Creative Commons license. Eulogy for a writer: viewed 1 time. Even Chapin did better than that. “The scene at the graveyard, just three of us were there / Me and the gravedigger, we heard the parson’s prayer / He said we need not grieve for this man, for we know that God cares.” So at last, the future cries “Enough!” and slams its fist six feet into the ground.
Drug abuse is punishable by twenty years in federal prison. Never ends, that drug war; it just goes round and round. Don’t do drugs, kids, unless you want to end up like Michael Phelps — eight gold medals BUT NO FUCKING CEREAL CONTRACT. That’s a tossup.
Parenting is tough. How do I explain that drugs are bad but I turned out okay? Yet I still expect to die from them someday, but maybe not this year because I’m currently between addictions? Since before they were born, their daddy’s medicine cabinet has been full of drugs, but those don’t count because they’re legal. Like Oxy? Yeah, that’s Schedule I and addictive as fuck, but it’s all good if a doctor scribbles something on a piece of paper. Really? You don’t remember that lesson from health class in junior high? Hmm, must’ve been sick that week.
Kids-of-the-future-who-have-learned-to-read, there’s no Oxy in the medicine cabinet. Three other daily medications, yes. Schedule I painkillers, no. Or even Schedule II. I did have something strong when I had that kidney stone for a month, though. How can you have a kidney stone for a whole month, I hear you cry? You don’t want to know. Weeks in constant pain, and the motherfucker just Would Not Pass. Surgeons had to go in after it. Through… the… anyway, it was unpleasant is what I’m saying. Got to spend several weeks in bed, on so many painkillers I couldn’t sleep or shit anymore, all because some 6-millimeter motherfucking lump got stuck in some less-than-6-millimeter motherfucking passageway that I had problems even motherfucking pronouncing. Growing old is awesome.
“Enough!” cries the future, and slams its fist on the malapropism.
“My Corey’s coming / No more sad stories coming.”
God, if you’re listening, this guy’s walking down a street, when he falls in a hole. Everything else is great, but this hole, God, it makes no sense to me. Every time I try to fill it, it just gets deeper. Realized that a long time ago, standing at the bottom looking up. Probably could’ve benefited from a warning sign at the top, is what I’m saying. Gods, games, and legerdemain. “Nobody else could have fallen in this way, as this hole was meant only for you.” Utter tripe, balderdash, sound and fury, stuff and nonsense.
Eulogy for a writer: I guess he finally got the last word.
Don’t take it too seriously. You’ll never make it out alive.
European ACTA Pressure Intensifies: Transparency Demands, EP Resolution [Michael Geist Blog]
Europe has become the centre of a storm over the Anti-Counterfeiting Trade Agreement. Late last week, the Government of Sweden announced that the European Union was now uniformally seeking ACTA transparency. The announcement came just days after the Dutch leak that identified the specific countries opposed to a transparent approach. The revelations appear to have had a significant impact as all European Union countries are now said to support release of the ACTA text.
This week the issue hits the European Parliament that includes an ACTA debate on Tuesday, followed by a landmark resolution that will be on the table on Wednesday. At the moment, there are two competing resolutions. One resolution promoted by an alliance of the Liberal and Green Party, includes the following:
1. Expresses its utmost concern over the lack of a transparent process in the conduct of the ACTA negotiations, which contradicts the letter and the spirit of the TFEU;
2. Is of the opinion that legitimate arguments for non-disclosure do not exist with regard to international negotiations on the enforcement of intellectual property rights or similar issues, which are legislative in character and have an impact on fundamental rights; maintains that the negotiating position of the EU or other negotiating parties is not circumscribed if information about the negotiations is available to the European Parliament and the general public;
3. Regrets the calculated choice of the parties not to negotiate through well-established international bodies, such as the WIPO and WTO, which have established frameworks of public information and consultations;
4. Calls on the Commission to grant Parliament access to all primary texts relating to ACTA, in particular the ACTA negotiation mandate by the Council, the minutes of ACTA negotiation meetings, the draft chapters of ACTA, and the comments of ACTA participants on the draft chapters;
5. Acknowledges that, in addition to the clear legal obligation to inform Parliament, the ACTA documents should also be available to the general public in the EU and in the other countries participating in the negotiations; understands the wide public criticism of the secrecy of the ACTA negotiations as a clear signal of the political unsustainability of the negotiation procedure chosen;
6. Calls on the Commission to engage proactively with ACTA negotiation partners to cancel any previous formal or informal internal agreements on the confidential nature of the conduct of the negotiations and to inform Parliament about its initiatives in this regard in due course; expects the Commission to make proposals prior to the next negotiation round in New Zealand in April 2010 and to demand that the issue of transparency is put on the agenda of that meeting;
7. Reminds the Commission that if it does not provide Parliament with immediate and full information about the negotiations in accordance with Art. 218 TFEU before the next round of negotiations in April, Parliament will have no choice but to bring an action in accordance with Art. 263 TFEU for infringement of the Treaties to the Court of Justice of the European Union;
8. Calls on the Commission to conduct an impact assessment of the implementation of ACTA with regard to fundamental rights and data protection, ongoing EU efforts to harmonise IPR enforcement measures, e-commerce and the possible impact of ACTA on fundamental rights and the rule of law in third – especially developing – countries, prior to any EU agreement on a consolidated ACTA treaty text, and to consult with Parliament in a timely manner about the results of this assessment;
9. Welcomes affirmations by the Commission that any ACTA agreement will be limited to the enforcement of existing IPRs, with no prejudice for the development of substantive IP law in the European Union; makes any possible assent to the ACTA agreement conditional to the full respect of this affirmation;
10. Urges the Commission to ensure that the enforcement of ACTA provisions - especially those on copyright enforcement procedures in the digital environment - are fully in line with the letter and the spirit of the acquis communautaire and do not imply ‘self-regulatory’ measures being imposed by private companies outside the scope of democratic decision-making processes; considers that Internet service providers should not bear liability for the data they transmit or host through their services to an extent that would imply prior surveillance or filtering of such data;
11. Emphasises that privacy and data protection are core values of the European Union, recognised in Article 8 ECHR and Articles 7 and 8 of the EU Charter of Fundamental Rights, which must be respected in all the policies and rules adopted by the EU pursuant to Article 16 of the TFEU;
12. Points out that any measure aimed at strengthening powers for cross-border inspection and seizures of goods should not harm global access to legal, affordable and safe medicines;
13. Instructs its President to forward this resolution to the Commission, the Council and the governments and parliaments of countries participating in ACTA negotiations.
The second resolution, supported by Conservative Members of the European Parliament, includes:
1. Is aware that the ACTA negotiations, owing to their particular nature, require a high level of confidentiality in order not to undermine the legitimate interests of the stakeholders and the participating States; considers, however, that a more transparent process should be ensured in order to provide appropriate information, as repeatedly requested by the European Parliament;
2. Welcomes the fact that the Commission has been briefing members of Parliament's Committee on International Trade (INTA), despite the confidential character of the multilateral negotiations, using the format of regular exchanges of views with the Director-General of DG Trade at open meetings of INTA coordinators;
3. Calls on the Commission to grant Parliament access to documentation of ACTA negotiating texts in order to permit it to be up to date with the state of play of the negotiations; acknowledges that certain information might require confidentiality and should be provided in an appropriate form;
4. Calls on the Commission also to actively engage with the other ACTA negotiating partners prior to the next negotiating round in New Zealand in April 2010, in order formally to place the issue of transparency on the agenda for that meeting, and to report to Parliament's specialised committee on the outcome of that round immediately after its conclusion;
5. Calls on the Commission to continue the negotiations on ACTA in order to improve the effectiveness of the IPR enforcement system against counterfeiting;
6. Calls on the Commission to conduct an assessment of the impact of ACTA's implementation on fundamental rights and data protection, on the ongoing EU efforts to harmonise IPR enforcement measures and on E-Commerce, with a view to an EU agreement on a consolidated ACTA text, and to consult with Parliament about the results of this assessment in due course;
7. Welcomes the Commission's statements to the effect that any ACTA agreement will be limited to the enforcement of existing IPRs, without prejudice to the development of substantive IP law in the European Union;
8. Urges the Commission to ensure that the enforcement of ACTA provisions – especially those on copyright enforcement procedures in the digital environment – are fully in line with the acquis communautaire and that no personal searches are undertaken at EU borders;
9. Considers that, in order to comply with fundamental rights, such as freedom of expression and the right to privacy, with full respect for subsidiarity, the proposed agreement should not impose the so-called 'three strikes' procedure;
10. Emphasises that privacy and data protection are core values of the European Union, as recognised in Article 8 of the European Convention on Human Rights (ECHR) and Articles 7 and 8 of the EU Charter of Fundamental Rights, which must be respected in all the policies and rules adopted by the EU pursuant to Article 16 of the TFEU;
11. Instructs its President to forward this resolution to the Council, the Commission and the governments and parliaments of the states party to the ACTA negotiations.
Over the next couple of days there will efforts to merge the two documents. If adopted, the resulting document will be the strongest statement from an elected body on the need for dramatic change to the current ACTA process.
On top of these resolutions, there is also a written declaration supported by four MEPs (Françoise Castex, Zuzana Roithová, Alexander Alvaro, Stavros Lambrinidis). La Quadrature du Net has information on how to support the declaration.
Detailed Interview on ACTA With Richard Poynder [Michael Geist Blog]
Richard Poynder, who covers open access issues in great detail, has posted a detailed interview with me on ACTA and its implications for open access and IP policy.
Haggart on ACTA Transparency in Mexico [Michael Geist Blog]
Blayne Haggart offers some insight into the fight for ACTA transparency in Mexico.
Lenny’s Restaurant [Tampa Bay Breakfasts]
We visited Lenny’s at 21220 Us Highway 19 N in Clearwater on 6 March 2010. Lenny’s was recommended to us by our old friend and Tampa Bay Breakfast alum, Jeff. This was our first visit. Lenny’s is clearly a Baseball Place. A Phillies place. I was in Little League in the early [...]
Mentoring reminder [DragonFly BSD Digest]
We have several potential Summer of Code mentors already, but if you want to get in on the action, let me know. Org applications start Monday, and I’d like a count before then…
PSA: I Have a New Book! [Charlie's Diary]

I have a book coming out this month; "The Trade of Queens", the sixth novel in the Merchant Princes series, is shipping (the official publication date is the 16th, but it should be showing up in bookstores in the USA from Monday onwards). And the last, for the time being — if you've been holding off starting on the series because you wanted to know there was an ending in sight, this is it. Series climax: finale: fat lady sings.
(You can find links to buy my books — including all the Merchant Princes titles — here.)
While this is the last of the current cycle, I'm not ruling out writing more books in that universe — but I'm taking a couple of years of time out first, and if and when go back to there, it'll be with a new story and mostly new characters.
I'm still slightly gobsmacked that I actually managed to write (and more importantly finish) this thing; a multi-volume novel about 30,000 words longer than "War and Peace", with a political subtext about economic development and a marked lack of good guys. One of these days I'm going to bolt my thoughts about writing larger-than-novel-length fiction together. But not right now ...
Week in tech: purple-is-the-new-brown edition [Open Ended]
Canonical has revealed the style of the new default theme that will be used in Ubuntu 10.04. In a significant departure from tradition, Ubuntu is shedding its signature brown color scheme and is adopting a new look with a palette that includes orange and an aubergine shade of purple.
At the AAAS meeting, there's evidence that physicists are thinking seriously about the arrow of time, but biologists may be well ahead of them when it comes to understanding it.
Read the comments on this post
A mistaken message from IoP? [RealClimate]
The Institute of Physics (IoP) recently made a splash in the media through a statement about the implications of the e-mails stolen in the CRU hack. A couple of articles in the Guardian report how this statement was submitted to an inquiry into the CRU hack and provide some background.
The statement calls for increased transparency, and expresses concerns about the public confidence in science if the transparency is absent. The IoP statement, however, fails to note that the issue of transparency is far more general applicable than just to mainstream climate science. It should also involve the critics of climate change, as noted by New Scientist.
The statement also fails to clarify what level of transparency they expect the climate scientists to reach. Which scientific discipline should we use as a role model? I know of none that is more transparent than climate science, and in large part that s due to the IPCC. Ironically, without this transparency, the climate-change deniers would not get as much ammunition. For instance, note how the attacks on the NASA GISTEMP product have become more vehement in recent months even though the code base and data have been available for years and clearly demonstrate that the criticisms are bogus.
Another question arises is whether the IoP follows its own recommendations in its own publications?
The statement of the IoP was made on the behalf of its 36000 members, but as a member of IoP myself, this came as a surprise. According to the Guardian, there was only a small group of people behind this, and other IoP members was obviously not very impressed. The IoP did, however, make a second statement after their initial one was misrepresented by the climate-change deniers (there is some confusion about versions).
The irony of this affair is that the IoP will not disclose who were responsible for the original statement, thus not living up to the standards they set for others.
Furthermore, it’s a paradox that the IoP based the statement on stolen private e-mail exchanges, while putting disclaimers about confidentiality, especially as it asks people to delete any e-mail before they go astray:
This email (and attachments) are confidential and intended for the addressee(s) only. If you are not the intended recipient please notify the sender, delete any copies and do not take action in reliance on it…
Transparency is essential for trust and confidence in science – as in all matters – but claims about lack of transparency are easy to make. It’s another question whether the alleged lack of transparency in climate science has had any impact on anyone’s ability to verify the science.
Arctic Methane on the Move? [RealClimate]
Methane is like the radical wing of the carbon cycle, in today’s atmosphere a stronger greenhouse gas per molecule than CO2, and an atmospheric concentration that can change more quickly than CO2 can. There has been a lot of press coverage of a new paper in Science this week called “Extensive methane venting to the atmosphere from sediments of the East Siberian Arctic Shelf”, which comes on the heels of a handful of interrelated methane papers in the last year or so. Is now the time to get frightened?
No. CO2 is plenty to be frightened of, while methane is frosting on the cake. Imagine you are in a Toyota on the highway at 70 miles per hour approaching stopped traffic, and you find that the brake pedal is broken. This is CO2. Then you figure out that the accelerator has also jammed, so that by the time you hit the truck in front of you, you will be going 80 miles per hour instead of 70. This is methane. Is now the time to get worried? No, you should already have been worried by the broken brake pedal. Methane sells newspapers, but it’s not the big story, nor does it look to be a game changer to the big story, which is CO2.
For some background on methane hydrates we can refer you here. This weeks’ Science paper is by Shakhova et al, a follow on to a 2005 GRL paper. The observation in 2005 was elevated concentrations of methane in ocean waters on the Siberian shelf, presumably driven by outgassing from the sediments and driving excess methane to the atmosphere. The new paper adds observations of methane spikes in the air over the water, confirming the methane’s escape from the water column, instead of it being oxidized to CO2 in the water, for example. The new data enable the methane flux from this region to the atmosphere to be quantified, and they find that this region rivals the methane flux from the whole rest of the ocean.
What’s missing from these studies themselves is evidence that the Siberian shelf degassing is new, a climate feedback, rather than simply nature-as-usual, driven by the retreat of submerged permafrost left over from the last ice age. However, other recent papers speak to this question.
Westbrook et al 2009, published stunning sonar images of bubble plumes rising from sediments off Spitzbergen, Norway. The bubbles are rising from a line on the sea floor that corresponds to the boundary of methane hydrate stability, a boundary that would retreat in a warming water column. A modeling study by Reagan and Moridis 2009 supports the idea that the observed bubbles could be in response to observed warming of the water column driven by anthropogenic warming.

Another recent paper, from Dlugokencky et al. 2009, describes an uptick in the methane concentration in the air in 2007, and tries to figure out where it’s coming from. The atmospheric methane concentration rose from the preanthropogenic until about the year 1993, at which point it rather abruptly plateaued. Methane is a transient gas in the atmosphere, so it ought to plateau if the emission flux is steady, but the shape of the concentration curve suggested some sudden decrease in the emission rate, stemming from the collapse of economic activity in the former Soviet bloc, or by drying of wetlands, or any of several other proposed and unresolved explanations. (Maybe the legislature in South Dakota should pass a law that methane is driven by astrology!) A previous uptick in the methane concentration in 1998 could be explained in terms of the effect of el Nino on wetlands, but the uptick in 2007 is not so simple to explain. The concentration held steady in 2008, meaning at least that interannual variability is important in the methane cycle, and making it hard to say if the long-term average emission rate is rising in a way that would be consistent with a new carbon feedback.
Anyway, so far it is at most a very small feedback. The Siberian Margin might rival the whole rest of the world ocean as a methane source, but the ocean source overall is much smaller than the land source. Most of the methane in the atmosphere comes from wetlands, natural and artificial associated with rice agriculture. The ocean is small potatoes, and there is enough uncertainty in the methane budget to accommodate adjustments in the sources without too much overturning of apple carts.
Could this be the first modest sprout of what will grow into a huge carbon feedback in the future? It is possible, but two things should be kept in mind. One is that there’s no reason to fixate on methane in particular. Methane is a transient gas in the atmosphere, while CO2 essentially accumulates in the atmosphere / ocean carbon cycle, so in the end the climate forcing from the accumulating CO2 that methane oxidizes into may be as important as the transient concentration of methane itself. The other thing to remember is that there’s no reason to fixate on methane hydrates in particular, as opposed to the carbon stored in peats in Arctic permafrosts for example. Peats take time to degrade but hydrate also takes time to melt, limited by heat transport. They don’t generally explode instantaneously.
For methane to be a game-changer in the future of Earth’s climate, it would have to degas to the atmosphere catastrophically, on a time scale that is faster than the decadal lifetime of methane in the air. So far no one has seen or proposed a mechanism to make that happen.
Dlugokencky et al., Observational constraints on recent increases in the atmospheric CH4 burden. GEOPHYSICAL RESEARCH LETTERS, VOL. 36, L18803, doi:10.1029/2009GL039780, 2009
Reagan, M. and G. Moridis, Large-scale simulation of methane hydrate dissociation along the West Spitsbergen Margin, GEOPHYSICAL RESEARCH LETTERS, VOL. 36, L23612, doi:10.1029/2009GL041332, 2009
Shakova et al., Extensive Methane Venting to the Atmosphere from Sediments of the East Siberian Arctic Shelf, Science 237: 1246-1250, 2010
Shakova et al., The distribution of methane on the Siberian Arctic shelves: Implications for the marine methane cycle, GEOPHYSICAL RESEARCH LETTERS, VOL. 32, L09601, doi:10.1029/2005GL022751, 2005
Westbrook, G., et al, Escape of methane gas from the seabed along the West Spitsbergen continental margin, GEOPHYSICAL RESEARCH LETTERS, VOL. 36, L15608, doi:10.1029/2009GL039191, 2009
| Feed | RSS | Last fetched | Next fetched after |
|---|---|---|---|
| APOD | XML | 06:34, Thursday, 11 March | 09:34, Thursday, 11 March |
| Badass of the Week | XML | 06:34, Thursday, 11 March | 09:34, Thursday, 11 March |
| Blog Them Out of the Stone Age | XML | 06:34, Thursday, 11 March | 09:34, Thursday, 11 March |
| bunnie's blog | XML | 06:34, Thursday, 11 March | 09:34, Thursday, 11 March |
| Charlie's Diary | XML | 06:34, Thursday, 11 March | 09:34, Thursday, 11 March |
| CICLOPS | XML | 06:34, Thursday, 11 March | 09:34, Thursday, 11 March |
| dive into mark | XML | 06:34, Thursday, 11 March | 09:34, Thursday, 11 March |
| DragonFly BSD Digest | XML | 06:34, Thursday, 11 March | 09:34, Thursday, 11 March |
| Free Software Foundation - FSF Blogs | XML | 06:34, Thursday, 11 March | 09:34, Thursday, 11 March |
| Freedom to Tinker | XML | 06:34, Thursday, 11 March | 09:34, Thursday, 11 March |
| Gallery - Your photos on your website | XML | 06:34, Thursday, 11 March | 09:34, Thursday, 11 March |
| http://brewlocal.blogspot.com/ | XML | 06:34, Thursday, 11 March | 09:34, Thursday, 11 March |
| http://nlm-morgul.livejournal.com/ | XML | 06:34, Thursday, 11 March | 09:34, Thursday, 11 March |
| Life On Lot 12 | XML | 06:34, Thursday, 11 March | 09:34, Thursday, 11 March |
| Light Blue Touchpaper | XML | 06:34, Thursday, 11 March | 09:34, Thursday, 11 March |
| Michael Geist Blog | XML | 06:34, Thursday, 11 March | 09:34, Thursday, 11 March |
| News and Features - NASA's Jet Propulsion Laboratory | XML | 06:34, Thursday, 11 March | 09:34, Thursday, 11 March |
| OBJECTIVISTS in SPACE! | XML | 06:34, Thursday, 11 March | 09:34, Thursday, 11 March |
| Open Ended | XML | 06:34, Thursday, 11 March | 09:34, Thursday, 11 March |
| RealClimate | XML | 06:34, Thursday, 11 March | 09:34, Thursday, 11 March |
| Schneier on Security | XML | 06:34, Thursday, 11 March | 09:34, Thursday, 11 March |
| Security to the Core | Arbor Networks Security » 2010 | XML | 06:34, Thursday, 11 March | 09:34, Thursday, 11 March |
| Tampa Bay Breakfasts | XML | 06:34, Thursday, 11 March | 09:34, Thursday, 11 March |
| The Becker-Posner Blog | XML | 06:34, Thursday, 11 March | 09:34, Thursday, 11 March |
| The Early Days of a Better Nation | XML | 06:34, Thursday, 11 March | 09:34, Thursday, 11 March |
| The Mad Fermentationist | XML | 06:34, Thursday, 11 March | 09:34, Thursday, 11 March |
| Uploads from A&JS | XML | 06:34, Thursday, 11 March | 09:34, Thursday, 11 March |
| Uploads from CheeseFairy | XML | 06:34, Thursday, 11 March | 09:34, Thursday, 11 March |
| USENIX Update | XML | 06:34, Thursday, 11 March | 09:34, Thursday, 11 March |
| What Will We Use on June 30, 2011? | XML | 06:34, Thursday, 11 March | 09:34, Thursday, 11 March |
| Wired: Threat Level | XML | 06:34, Thursday, 11 March | 09:34, Thursday, 11 March |
| xkcd.com | XML | 06:34, Thursday, 11 March | 09:34, Thursday, 11 March |