Federal appeals court says warrantless wiretapping is legal

Federal appeals court says warrantless wiretapping is legal

A federal appeals court has ruled today that the US government can tap into Americans' communications without worrying over frivolous things like "being sued" by its people. In what most sane civilians will probably see as a depressing loss of protection, a three-judge panel of the 9th US Circuit Court of Appeals ruled that citizens can sue the United States for damages stemming from the use of information collected via wiretap, but not for the collection of information itself. In typical pass-the-buck fashion, Wired reports that Judge Michael Daly Hawkins and Judge Harry Pregerson added the following: "Although such a structure may seem anomalous and even unfair, the policy judgment is one for Congress, not the courts." Alrighty. For those unaware, the back and forth surrounding this issue extends back to Congress' authorization of the Bush spy program in 2008, and more specifically, a pair of US lawyers and the now-defunct al-Haramain Islamic Foundation -- a group that was granted over $2.5 million combined in legal fees after proving that they were spied on sans warrants. The full report can be found in the PDF below.

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Federal appeals court says warrantless wiretapping is legal originally appeared on Engadget on Tue, 07 Aug 2012 16:47:00 EDT. Please see our terms for use of feeds.

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MPAA may let Megaupload users retrieve non-infringing files, does it for the Armed Forces

MPAA may let Megaupload users retrieve noncopyrighted content, does it for US Military's men and women

Megaupload's still immersed in hot water, but there are signs the legal temperature could be cooling... slightly. Don't breathe a sigh of relief just yet though, as a significant portion of that confiscated cache of cloud-stored files remains somewhat indefinitely under lock and key. A minor reprieve may be on the way, however, owing to a much more "sympathetic" MPAA which has asked the court to consider releasing non-illegally obtained content to previous users. And lest your evil eye be trained too heavily upon the Hollywood group behind the shutdown, the association's made it quite clear that, under the site's TOS, users were never guaranteed continued access to uploaded content anyway.

The change of heart comes in response to a motion filed by the Electronic Frontier Foundation, on behalf of a member of the U.S. military, petitioning the return of personal, non-IP infringing files. According to the now-defunct site's founder Kim Dotcom, that group of "legitimate" users comprised nearly 16,000 accounts utilized primarily to share photos and video with far away family and friends. Of course, should this retrieval request be granted, a requisite procedure will need to be put in place to filter out copyrighted media -- a system that's sure to pose countless headaches for those involved. Nothing's yet been decided so, for now, the fate of your lost files rests firmly in the court's hands. Such are the perils of the cloud.

MPAA may let Megaupload users retrieve non-infringing files, does it for the Armed Forces originally appeared on Engadget on Thu, 07 Jun 2012 15:54:00 EDT. Please see our terms for use of feeds.

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Explicit consent becomes mandatory with latest ‘do not track’ proposal, backs Microsoft into the corner

IE 10 backed into a corner as explicit consent becomes mandatory with latest 'do not track' proposal

Remember how Microsoft said it'd enable the "do not track" feature by default for all users of Internet Explorer 10? Well, it's not likely to happen -- at least from the looks of things. The move caused more than an uproar in the advertising industry, which had agreed to abide by these preferences only if users could, indeed, choose for themselves. With Microsoft's bullish decision to go forward and make this setting default, advertisers argued they'd be left with no choice but to bust the deal wide open and ignore these preferences. In attempt to make sure the whole "do not track" effort isn't derailed, the latest compromise proposal -- authored by the EFF, Mozilla and Jonathan Mayer of Stanford University -- now includes a specific provision that requires users to provide explicit consent before any tracking preferences can be transmitted. The same document acknowledges that the proposal has yet to be extensively discussed with stakeholders, but from the looks of things, "do not track" by default seems headed for a quick death. It's too bad we didn't have the time to get better acquainted with Microsoft's heavy lash against advertisers, but we've a feeling that you can decide this one for yourselves, right?

[Image credit: Tomas Fano, Flickr]

Explicit consent becomes mandatory with latest 'do not track' proposal, backs Microsoft into the corner originally appeared on Engadget on Thu, 07 Jun 2012 07:23:00 EDT. Please see our terms for use of feeds.

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FBI reportedly pressing for backdoor access to Facebook, Google

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Investigators at the FBI supposedly aren't happy that social networks like Facebook or Google+ don't have the same kind of facility for wiretaps that phones have had for decades. If claimed industry contacts for CNET are right, senior staff at the bureau have floated a proposed amendment to the 1994-era Communications Assistance for Law Enforcement Act (CALEA) that would require that communication-based websites with large user bases include a backdoor for federal agents to snoop on suspects. It would still include the same requirement for a court order as for phone calls, even if US carriers currently enjoy immunity for cooperating with any warrantless wiretapping. As might be expected, technology firms and civil liberties advocates like the Electronic Frontier Foundation object to deepening CALEA's reach any further, and Apple is thought to be preemptively lobbying against another definition of the law that might require a government back channel for audiovisual chat services like FaceTime or Skype. The FBI didn't explicitly confirm the proposal when asked, but it did say it was worried it might be "going dark" and couldn't enforce wiretaps.

[Image credit: David Drexler, Flickr]

FBI reportedly pressing for backdoor access to Facebook, Google originally appeared on Engadget on Sat, 05 May 2012 14:18:00 EDT. Please see our terms for use of feeds.

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