April 2015

Why The Ellen Pao Loss Isn't As Bad For Gender Equality As It Seems

[Commentary] Although Ellen Pao lost her gender-discrimination case against Silicon Valley’s venture capital giant Kleiner Perkins, her lawsuit can still become a positive force for establishing equal employment opportunities for women in technical fields. Pao sued Kleiner Perkins for discrimination only on behalf of herself, but her suit focused the country’s attention on the overall climate of gender bias in tech. Although Pao lost at trial, it would be a shame if women in Silicon Valley came away with the message that gender discrimination cases all turn on a single plaintiff’s personality.

Litigation has proven effective in combating gender discrimination across a range of industries, particularly in cases brought as class and collective actions. These forms of litigation enable women to stand together and prove that discrimination is not isolated, giving them the leverage to demand systemic changes in the workplace.

[Xinying Valerian is senior litigation counsel at Sanford Heisler Kimpel, LLP. Sheeri Hansen is an associate at Sanfor Heisler Kimpel, LLP]

A New App Uses Gambling (For Real Money) To Improve Health

In 2014, Americans lost an estimated $119 billion gambling. Is there a way to use that betting obsession to make people...healthier? Georgetown University Hospital anesthesiologists Kerry DeGroot and Jason Hoefling are developing an app that’s designed to do just that. Called Bushytail Health, it will use gambling’s natural appeal to help diabetics -- and possibly other chronic-disease patients– -- manage their health issues. "We thought about how to motivate [patients] and at the same time, hopefully, gain data," says DeGroot. "And money is the only thing clinically found to motivate people to live healthier."

Users can sign up for free via the Bushytail’s website or iPhone app, which is set for a beta release in April. The first step: establish the user’s A1C level -- which gives a snapshot of a diabetic’s blood-sugar level. Next an algorithm -- created by DeGroot and Hoefling -- calculates a customized target A1C level per user. The user then receives a confirmation email with his personal goal level and a link to his "game." That’s where the gambling comes in. To play, users need to make a bet by putting up money as a buy-in. The dollar amount is up to them, but the money is real. That bet goes into a pot with wagers from other diabetics, all of whom try to hit target A1C levels within their game’s six-month course. Miss the mark and you lose your money. But if you make your goal, you get your bet back -- plus a cut of any cash lost by other players."We have no cap on the amount someone can bet," says Hoefling. "For some people it only takes $1 to motivate them. For some it could take $1,000."

Europe Steps Up Pressure on Tech Giants

Increasingly wary of the growing power of a set of US technology superpowers, European officials are escalating their scrutiny of companies including Facebook, Apple, and Google in realms that span taxation, personal privacy and competition law. Government privacy watchdogs from France, Spain and Italy have in recent weeks joined a group that is investigating Facebook’s privacy controls, officials said, doubling the number of European countries where regulators are analyzing the way Facebook handles the personal information and connections gleaned from more than 300 million users in Europe. At the same time, the European Union’s antitrust regulator in Brussels is examining Apple’s agreements with record labels, as the iPhone maker prepares to launch a subscription music-streaming service that will compete with European players such as Spotify. EU officials are also planning to move forward in a long-running competition probe of Google in coming weeks, a person familiar with the matter said, setting the stage for possible formal charges against the search giant. Google has denied any anticompetitive behavior.

Meanwhile, Amazon and Apple have been named in recent tax investigations. France and Germany are pushing for new rules to regulate big Internet companies. All these fresh moves follow years of probes, regulatory scrutiny and saber-rattling from politicians in Brussels and other European capitals. But the recent pile-on also comes as regulators and government officials in Europe become increasingly emboldened to take on Silicon Valley. In part, European officials say they must protect European industries -- from advertising to automobiles -- from foreign companies they allege don’t play by local rules. But European authorities are also banding together to challenge companies in new ways, including under new interpretations of EU law that haven’t been tried previously.

DDoS attacks that crippled GitHub linked to Great Firewall of China

Rob Graham, CEO of Errata Security, has traced the origin of malicious code that pummeled GitHub pages to China Unicom, the same telecommunications company that has been caught before aiding the massive censorship apparatus known as the Great Firewall of China. The white-hat hacker tracked down the source using a modified version of the traceroute network diagnostics tool. The customized traceroute used HTTP packets to trace their path along the Internet, rather than UDP or ICMP packets used in normal traceroutes. That allowed Graham to figure out the location of the node that was sending the malicious code.

The evidence implicating China's government in the GitHub DDoS attacks came the same week that Google and Mozilla said their browsers will no longer trust digital certificates issued by the China Internet Network Information Center. CNNIC, in turn is administered by the Chinese government's Ministry of Information Industry. The evidence also comes as President Barack Obama signed an executive order imposing economic sanctions on overseas hackers who perpetrate attacks on critical US infrastructure.

Tech companies leery of sharing cyberthreats with feds

US tech companies still don't trust the federal government enough to share information about cyberthreats, the top cybersecurity official at the Department of Homeland Security said. "My top priority is building that trust," said Phyllis Schneck, the department's deputy under secretary for cybersecurity and communications for the National Protection and Programs Directorate. Privacy concerns have grown in the wake of the 2013 revelations by former National Security Agency contractor Edward Snowden that the agency was collecting phone and other data on millions of Americans not suspected of any crime, often with the help of tech companies.

The tech industry is now seeking to convince customers that their personal data will be protected from government surveillance as well as from hackers. But companies have yet to overcome the backlash they faced for complying with government orders to turn over e-mails, photos and other data. It's very hard for companies to be optically aligned with the US government," Schneck said."But there has never been a more important time to build that trust." Companies will become more trusting when the federal government can begin "showing value" to them by providing effective information to battle cyber criminals while still protecting Americans' privacy and civil liberties, Schneck said.

Getting past the zero-sum game online

[Commentary] In the late 20th century, many viewed the world as a zero-sum game. Any US loss of competitive advantage was our adversary’s gain, and our security, the argument went, was correspondingly weakened as well. Then, a key technology battleground was a measure of raw computing power known as “MTOPS” -- or millions of theoretical operations per second. Successive administrations tried to protect this assumed US security advantage by blocking exports of computers above a certain MTOPS limit to any but our closest allies.

The National Security Agency was always an important player in this discussion. After all, in the business of making and breaking codes, advantages in computing power were often decisive. The export barrier was seen as the NSA’s friend. US intelligence was given a black eye, unfairly for the most part, by l’Affaire Snowden. It has conducted its business honorably, with restraint and oversight -- perhaps more than any other country. But that has been little noted. Today’s issues give the United States a chance to demonstrate to the world that its tough and powerful intelligence services understand what is at stake and intend to join the public discussion on how to balance the truly important privacy and security questions before us and, more important, take meaningful steps to make us stronger.

[Michael Hayden is a principal at the Chertoff Group, and was director of the National Security Agency from 1999 to 2005 and the Central Intelligence Agency from 2006 to 2009]

Change.org springs a leak, exposes private e-mail addresses

Online petitions service Change.org has a website bug that's disclosing as many as 40,000 e-mail addresses that presumably belong to current or former subscribers. The disclosure bug was active at the time this post was being prepared and is exploitable using the search box provided on the site or via Google or Bing. The number of results returned ranged from 40,000 to 65,000, although not every result included an e-mail address.

The leak appears to be the result of Change.org Web links that contain valid GET request tokens used to validate users after they have successfully entered their password. A bug appears to be adding the tokens automatically, even when the viewer hasn't been authenticated. The linked pages display users' entire e-mail address. A separate link shows all the petitions signed by the e-mail users, but trying to click through to profile or settings leads to a login screen.

Wireless Groups Ask For Separate Brief in Infrastructure Suit

Wireless associations PCIA (infrastructure) and CTIA (carriers) have joined to ask a federal court to let them file a separate brief from the Federal Communications Commission in a fight over tower siting. While the associations are on the same side as the FCC, they say there are enough differences that they want to weigh in separately in a challenge to the FCC's rules by Montgomery County (MD), which was joined by the City of Bellevue (WA). Those include that the FCC did not give the wireless associations all the relief they had sought, and that the government’s interests are not the same as the association's, and their reasoning behind supporting the FCC decision will likely diverge, and the associations may even offer legal theories or opinions adverse to those of the FCC. Then there are the logistical hurdles of coordinating government and private briefs, the former which several levels of review by the FCC and DOJ, they point out. "The FCC has evaluated the record and formed considered policy judgments on the material presented, but it does not deal with local governments in the same way that the Associations’ members do, and so cannot inform this Court authoritatively about the consequences of localities’ policies and interpretive disputes," they said.

FCC Seeks Comment on Fairpoint Petition for Limited Waiver of FCC's Intercarrier Compensation Revenue Recovery Rules for Rate-of-Return Carriers

On March 17, 2015, FairPoint Communicatinos, Inc. filed a petition for limited waiver of certain FCC rules. Specifically, FairPoint "seeks to include in its BPR calculations...revenues associated with intrastate access traffic terminated by Halo Wireless during Fiscal Year 2011." Interested parties may file comments on or before April 17, 2015, with reply comments due April 27, 2015.

FCC Seeks Comment on LPTV End Dates

With publication in the Federal Register, commenters have until May 18 to weigh in on the Federal Communications Commission's proposal for when low power and translator stations have to give up spectrum after the incentive auction, which the FCC proposes could be before commercial wireless operations begin. In its incentive auction rules, the FCC said it would allow broadcast operations until a wireless licensee "commences operations," but did not define the term. The March 26 proposal was to seek comment on what that should mean, while proposing that it means when a wireless carrier begins testing its equipment, rather than when it begins to offer commercial service.