June 2014

Apple Settles E-Books Pricing Case With States, Consumers

The trial set for July involved cases related to a ruling in 2013 that company had orchestrated an illegal scheme with publishers to raise e-book prices. A federal judge in Manhattan ordered Apple and its adversaries to submit a filing seeking approval of their accord within one month.

Details of the agreement weren’t disclosed.

The US government sued Apple and five of the biggest publishers in April 2012, claiming the maker of the iPad pushed them to sign agreements letting it sell digital copies of their books under a pricing model that made most e-books more expensive. Under the contracts, the publishers set book prices, with Apple getting 30 percent.

Apple and the publishers used the contracts to force Amazon.com, the No. 1 e-book seller, to change its pricing model, the government claimed. At the time, Amazon was selling electronic versions of best-selling books for $9.99, which was often below cost.

US District Judge Denise Cote ruled against Apple after a non-jury trial. Steve Berman, a lawyer representing the plaintiffs, said that all the US attorneys general and consumers settled the case. Berman said he filed a memorandum of understanding with the court under seal, which prevents him from describing the agreement.

Social media mass surveillance is permitted by law, says top UK official

Anyone's Google searches or use of Facebook, Twitter and YouTube can be monitored by the security services because such "external communications" do not require individual intercept warrants, according to the government's most senior security official.

Charles Farr, director general of the Office for Security and Counter-Terrorism, has produced the first detailed justification of the UK's mass surveillance policy - developing a legal interpretation that critics say sidesteps the need for traditional intercept safeguards.

His 48 page document provoked calls for the Regulation of Investigatory Powers Act (RIPA) to be overhauled urgently and allegations that the government was exploiting loopholes in the legislation of which parliament was unaware.

The government defense was published in response to a case brought by Privacy International, Liberty, Amnesty International and other civil rights groups before the Investigatory Powers Tribunal (IPT), which deals with complaints against the intelligence services. A full hearing will take place in July. The allegation that mass online surveillance is illegal emerged in the wake of revelations from the US whistleblower Edward Snowden about the impact of the Tempora monitoring programme operated by the UK monitoring agency GCHQ and the US National Security Agency (NSA).

Senators: No 'watered down' NSA reform

Three senators are doubling down on their call for a sweeping end to the National Security Agency’s “dragnet surveillance.” Sens Rand Paul (R-KY), Ron Wyden (D-OR) and Mark Udall (D-CO) pledged to fight against “limited” and “watered down” legislation to reform the spy agency, which they said includes the bill that passed the House in May.

“This is clearly not the meaningful reform that Americans have demanded, so we will vigorously oppose this bill in its current form and continue to push for real changes to the law,” they wrote in an op-ed in the Los Angeles Times. “This firm commitment to both liberty and security is what Americans -- including the dedicated men and women who work at our nation's intelligence agencies -- deserve," they added. "We will not settle for less.”

The three senators, who have been among the most vocal critics of the NSA in the upper chamber, said that any reform bill must end a “loophole” allowing the government to snoop on some Americans’ emails without a warrant, add a special advocate to the federal court overseeing the intelligence community and clearly prevent bulk collection of Americans’ phone records.

Privacy groups ask President Obama not to renew NSA powers

A coalition of more than two dozen privacy and digital rights groups is asking President Barack Obama not to renew a contested National Security Agency program when its legal authority expires soon.

In a letter, organizations like the American Civil Liberties Union, Electronic Frontier Foundation and Electronic Privacy Information Center urged Obama and Attorney General Eric Holder not to seek another court order allowing the agency to collect Americans’ phone records. The contested program is “not effective,” “unconstitutional” and “has been misused,” they wrote. “It should end.”

The NSA needs approval from the Foreign Intelligence Surveillance Court every 90 days in order to continue its collection of records, which track the numbers people call as well as the length and frequency of their conversations but not what they actually talk about. The current authorization runs out.

Sorry, You Can’t Really Escape The Nsa

The world's largest Internet companies and thousands of average Internet users are trying to hide their private information from government snooping. The goal is to set up technological barriers to the National Security Agency's sweeping surveillance programs.

Rather than waiting for Congress to rein in the agency, many people want to take privacy into their own hands. But the truth is, efforts to improve online encryption and security can't totally thwart the NSA. Joseph Lorenzo Hall, the chief technologist for the Center for Democracy and Technology, said the idea of becoming "NSA-proof" is "just silly."

"If they want it, they can get it," he said of the NSA's expert spies. The agency can hack or bypass many security measures if it is determined enough, Hall said. And it doesn't matter how heavily encrypted an email is in transit if the NSA just forces the email provider to turn the message over.

While the NSA collects some of its data by surreptitiously tapping into communications, much of the surveillance is done through court orders to Internet and phone companies.

Christopher Soghoian, the principal technologist for the American Civil Liberties Union, said tech companies such as Google could hamstring the NSA if they just stopped collecting so much information about their users. If a company doesn't have information on a person, there's nothing to turn over to the government.

It’s Complicated: Facebook’s History of Tracking You

[Commentary] For years people have noticed a funny thing about Facebook's ubiquitous Like button. It has been sending data to Facebook tracking the sites you visit.

Each time details of the tracking were revealed, Facebook promised that it wasn't using the data for any commercial purposes. No longer. Facebook announced it will start using its Like button and similar tools to track people across the Internet for advertising purposes.

Facebook said on Sept 27, 2011, not to worry, telling the New York Times that it doesn't use data from Like buttons and other widgets to track users or target advertising to them, and that it deletes or anonymizes the data within 90 days.

OK, worry… On June 12, 2014, Facebook told Ad Age that it will start tracking users across the Internet using its widgets such as the Like button. It's a bold move. Twitter and Pinterest, which track people with their Tweet and PinIt buttons, offer users the ability to opt out. And Google has pledged it will not combine data from its ad-tracking network DoubleClick with personally identifiable data without user's opt-in consent.

Facebook does not offer an opt-out in its privacy settings. Instead Facebook asks members to visit an ad industry page, where they can opt out from targeted advertising from Facebook and other companies. The company also says it will let people view and adjust the types of ads they see.

Internet governance in transition: What's the destination?

[Commentary] With the decision to transition away from US control, addressing Internet Corporation for Assigned Names and Numbers (ICANN)’s longstanding accountability and "legitimacy" issues becomes even more pressing. If ICANN is not accountable to the US government or to other governments, to whom will it be accountable?

The Internet Corporation for Assigned Names and Numbers, a non-profit, places a great deal of emphasis on obtaining input from the Internet "community," but in the end, it is ICANN's board that makes the decisions. That board has no external entities to which it is accountable. Meaningful accountability requires meaningful external checks, and virtually all major organizations are structured so as to be externally accountable. ICANN has no shareholders, members, or donors. The most direct way for ICANN to be externally accountable is to modify its governance structure so that board members, or at least a significant number of them, are accountable to external groups.

Our research shows that many organizations with coordination functions that are similar to ICANN's are governed by their direct users, who have a strong interest in the organization doing its job effectively. The direct users of ICANN include:

  • "Registries," which are companies that coordinate gTLDs, such as .com, .edu and .org;
  • "Registrars,” which register the second-level domain names that we all use, such as aol.com; and
  • Regional Internet Registries (RIRs), which are responsible for distributing numeric Internet Protocol (IP) addresses that are needed for the Internet to work.

In sum, as part of this transition, the issue of ICANN external accountability urgently needs to be addressed. We believe that our suggested system of accountability to ICANN's direct users would be the best way to move to the next phase of Internet governance.

[Lenard is president and senior fellow at the Technology Policy Institute; White is a professor of economics at New York University's Stern School of Business]

Google and Apple want to be your doctor, and that’s a good thing

Health care has always been a sector ripe for disruption, and now with Google and Apple launching new initiatives for digital health, we’re getting a glimpse of how it might actually happen.

Wearable tech is turning out to be the back door into the health care sector, mostly through data collected from wearable sensors that enable us to monitor our bodies in real time. If done right, both Google Fit and Apple’s HealthKit could eventually help to bring down the high costs of health care.

All those wearable sensors could one day be transmitting so much data that it’s almost a no-brainer that it will help physicians make better decisions about our conditions and ailments. Instead of stopping by the doctor’s office once a year for a check-up, or only once something’s gone wrong, you will now be checking up on your body weekly, daily, maybe even hourly. And that means that you’d have early warning of emerging problems and be able to take proactive measures in advance. Google and Apple -- as two of the tech sector’s most prominent consumer-facing brands -- can do a lot to change the way we think of health care.

AT&T to Exclusively Carry Amazon Smartphone

AT&T will be the exclusive carrier for Amazon.com 's new smartphone, which is expected to be unveiled soon, according to people familiar with the plans.

The arrangement extends Amazon's relationship with AT&T, which also provides wireless service to Kindle tablets and e-readers. The move could help AT&T attract new subscribers at a time of intense competition among wireless carriers. Apple and Samsung Electronics have a tight grip on the smartphone market in the US with a combined 60% share in the first quarter, according to comScore.

Rival devices from makers like BlackBerry and Nokia have seen their market share shrivel as they failed to keep up with technology. Amazon hopes to distinguish its phone in a crowded market with a screen capable of displaying seemingly three-dimensional images without special glasses, according to a Wall Street Journal article citing people briefed on the plans.

The phone would employ retina-tracking technology embedded in four front-facing cameras, or sensors, to make some images appear to be 3-D, similar to a hologram, according to the story. Amazon is expected to introduce the device at an event in hometown Seattle and has demonstrated versions of the handset to developers in San Francisco and Seattle.

Artists who don’t sign with YouTube’s new subscription service to be blocked

YouTube is getting ready to block music videos from artists that haven't agreed to the contract terms for its upcoming subscription service, the Financial Times reported.

The videos set to get the boot include those from independent record labels and artists including Adele and Arctic Monkeys. The new subscription service for videos will charge a monthly fee but will let users watch videos on YouTube without ads.

FT noted that the service will also allow users to watch videos "even when not connected to the Internet" on any device, suggesting some sort of pinning or downloading infrastructure to go with the platform.

Robert Kyncl, YouTube's head of content and business operations, told FT that record labels representing 90 percent of the music industry have agreed to the contract terms that include provisions for the subscription service. But YouTube will apparently not let the 10 percent that have resisted carry on as ad-supported-only videos, and Kyncl told FT that the blocking will begin in a matter of days.