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Episode: 1160
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Title: HPR1160: TGTM Newscast for 1/8/2013 DeepGeek
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Source: https://hub.hackerpublicradio.org/ccdn.php?filename=/eps/hpr1160/hpr1160.mp3
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Transcribed: 2025-10-17 20:47:09
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---
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You're listening to DGTM News, record for Tuesday, January the 8th, 2013.
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You're listening to the Tech Only Hacker Public Radio Edition to get the full podcast
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including political, commentary, and other controversial topics.
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Visit www.topgeektme.us.
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Here are the vials statistics for this program.
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Your feedback matters to me.
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Please send your comments to DG at deepgeek.us.
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The webpage for this program is at www.topgeektme.us.
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You can subscribe to me on Identica as the username DeepGeek.
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Or you could follow me on Twitter.
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My username there is DGTM.
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As a deepgeek talk geek to me.
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This is Dan Washco and now the tech roundup.
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From torrentfreak.com by Nick Maxx dated December 22nd 2012.
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US and Russia announced online piracy crackdown agreement.
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Quote in Nick Maxx, the United States and Russia have announced an agreement to crack down on online piracy.
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The countries have agreed to disrupt sites that facilitate infringement and take action against their operator.
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As a result, uncertain times may lie ahead for many bit torn and other file-sharing sites
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hosted in Russia.
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The agreement also allows for the improved take-down of infringing content and discussions
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on allowing Russian right holders to use the United States.
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Six strike system.
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For many years, Russia has been viewed as a soft touch on the issue of copyright infringement.
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Dozens, perhaps hundreds of allegedly infringing sites operate there with impunity.
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Some due to aspects of Russian law and others simply because authorities have no interest
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in doing anything about them.
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However, yesterday, sick December 21st 2012, came an announcement from the United States trade
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representative Ron Kirk, which suggests that for the US, things are moving more quickly towards a
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favorable situation. Kirk said that the United States and Russian Federation have reached
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agreement on an intellectual property rights action plan aimed at improving copyright protection
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and enforcement online.
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Kirk, strong IPR protection and enforcement are vital to promoting innovation and creativity
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by securing the rights of innovators and creative community, attracting high technology investment,
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and fostering the jobs necessary for long-term sustainable growth.
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According to the USTR, in addition to conducting enforcement actions against unauthorized
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camcordering, agreement has been reached to disrupt the functioning of sites that, quote,
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facilitate criminal copyright infringement.
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In addition to disruption, whatever form that may take, Russia has reportedly agreed to take
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action against the creators and operators of sites through which copyright infringement is committed.
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The USTR also reports that Russian authorities have agreed to conduct meaningful consultations,
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with rights holders to take action against high-priority websites.
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In short, the sites on that list will probably be the ones submitted to the USTR by the RIAA
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and MPAA for the Notorious Markets report.
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The vast majority of the report is targeted at larger entities that might be engaged in or
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connected to online piracy, but the USTR appears to have dangled a carrot that would enable
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Russian companies to target US citizens in a limited way, end, quote, of the article.
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From EFF.org by Trevor Tim, dated December 19, 2012, government attorneys agree with EFF,
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new counterism database rules threaten privacy of every American.
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Last week, the Wall Street Journal reported on how a little-known government agency, the
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National Counterterrorism Center, NCTC, got the keys to government database full of detailed
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personal information of millions of innocent Americans. Using the Freedom of Information Act
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and interviews with officials, the Journal obtained emails and other information,
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detailing how the massive new spying program, which the Attorney General signed off on in March,
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was approved by White House in secret over-strenuous objections from government privacy lawyers.
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As EFF first warned months ago, despite the terrorism justification, the new rules affect
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every single American, the journal explained. Now, NCTC can copy entire government databases,
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flight records, casino employee lists, the names of Americans hosting foreign exchange
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students and many others. The agency has new authority to keep data about innocent US citizens
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for up to five years and to analyze it for suspicious patterns of behavior.
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Previously, both were prohibited. Data about Americans, quote, reasonably being
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believed to constitute terrorism information, and quote, may be permanently retained.
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Journalist Marcy Wheeler summed up the new guidelines up nicely in March, saying quote,
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So, the data the government keeps to track our travel, our taxes, our benefits, our identity,
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it just got transformed from bureaucratic data into national security intelligence, end quote.
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Ironically, this civil liberties debacle apparently was a response to the attempt in 2009
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Christmas underwear bombing by Mar Farak Abdul-Mudalab. As the ACLU observed, however,
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Abdul-Mudalab wasn't a US citizen and collecting information on him wasn't a problem.
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Instead, his own father had identified him to the US government as a potential terrorist.
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In short, an attack by a known foreign terrorist suspect was used to justify changes to rules
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about collecting information on US citizens. The Privacy Act is supposed to limit the ability
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of the US government to collect and maintain detailed data about ordinary citizens.
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Among other restrictions, it prohibits agencies from maintaining personal information unless
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it is, quote, relevant and necessary, end quote, for a specific purpose. But thanks to a loophole
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in the law, federal agencies can issue public notices to the federal register and attempt to
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skirt those rules entirely, thereby opening the door to arbitrary and unnecessary data collection.
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According to the journal's investigation, the debate over the program's potential privacy
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violation sparked a, quote, heated, and, quote, testy debate in the Justice Department,
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Department of Homeland Security and the White House. A DHS lawyer complained via email that
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the advocates of the program were, quote, complete non-sequitors, end quote, and, quote, non-responsive,
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end quote, examples. Ultimately, privacy lost. Of course, it's unclear whether the
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data mining operation even works. At the Department of Justice, chief privacy officer Nancy
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Liven raised concerns about whether the guidelines could unfairly target innocent people.
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These people said, some researchers suggest that, statistically speaking,
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there are too few terror attacks for predictive patterns of to emerge. The risk, then,
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is that innocent behavior gets misunderstood, say, a man buying chemicals for a child
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science fair, and a time refers to sprinkler sets off false alarms.
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Just like EFF did in March, the journal compared the new NCTC program to the notorious
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total information awareness. Surveillance program proposed by Admiral John Point Dexter in 2002.
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Congress was so alarmed by the potential invasion to innocent American privacy that they
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defunded it in 2003. What the journal did not mention, however, is that even the NCTC's
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best-known database, Terrorist Identities Data Mart Environment, or TIDE, is already fraught
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with problems. TIDE contains more than 500,000 identities suspected of terror links.
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Explain the journal. Quote, TIDE files are important because they are used by the Federal Bureau
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of Investigation to compile terrorist watch lists. End quote. But according to an unusually
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blunt Senate investigation of so-called, quote, fusion centers, released last month,
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the TIDE database is also full of information of innocent people that have nothing to do with
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terrorism. The report gave examples of a TIDE profile of a person who the FBI had already
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cleared of any connection to terrorism, a TIDE profile of two-year-old boy, and even a TIDE
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profile of Ford Motor Company. Indeed, the data mining expansion seems like a horrible and
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self-fulfilling prophecy. As a journal noted, the underwear bomber incident led President Obama
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to order agencies to send all their leaders to NCTC to pursue thoroughly and exhaustively
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terrorism threat threads. Predictably, NCTC was flooded with terror tips, creating a huge
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backlog that NCTC couldn't process within the original time limits. NCTC then
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predictably sought to retain more data longer. Congress needs to stop this vicious cycle.
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It should investigate the new NCTC guidelines and the government's overall data collection
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and data mining practices, and it should take a look at closing loopholes in the Privacy Act too.
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From TechDirt.com by Mike Maznick dated December 28, 2012. Apparently, Congress isn't actually
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interested in requiring a warrant for law enforcement to read your email. From the it was all a
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charade department. Yes, we've already covered the rejection of key amendments in the FISA
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Amendment Act renewal, but that wasn't the only case of Congress ignoring the public's privacy
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concerns as they close out this subject. Back in September, we noted that Senator Patrick Lee,
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who had been working on a much-needed reforms for ECPA, the Electronic Communications Privacy Act,
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much as requiring law enforcement get a warrant to read your email, had attached his ECPA
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reform plan to an update of the Video Privacy Protection Act VPPA. While I know some privacy
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folks were worried about this update to the VPPA, I don't have much of a problem with it.
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The original VPPA, written as a quick response to a video store revealing Robert Bork's somewhat
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boring video rental history during his Supreme Court nomination hearing, did seem a bit limiting,
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especially for online video sites such as Netflix that wanted to add some useful social features.
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However, it was the ECPA reform part that was more important. Attaching ECPA reform to VPPA reform
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didn't make some privacy folks happy, but they seemed willing to go along with the VPPA changes
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if it really meant that we get a warrant requirements for emails and other digital messages.
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There were some attempts to water down that ECPA reform at the end of last month,
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but the Senate Judiciary Committee kept the warrant requirement in there and rejected various
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attempts to weaken the bill. As we noted, however, it still was a long way from becoming law,
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given the need to pass a full Senate vote and to have a companion House bill to make the rounds.
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We assume that there would be no movement until next year and the new Congress. But, late last
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week, the House rubber stamped the VPPA update and the Senate almost immediately signed off on
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the House's version, which the President has expected to sign any moment now. In case you missed
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that means the ECPA reforms, which were supposed to be bundled with the VPPA to make the whole
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thing palatable, got dropped entirely, and now we get the VPPA reforms and no ECPA reform at all.
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Neat trick, bundle two things to get support, and then at the last minute, drop one part and
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rush through the other. From torrentfreak.com by Ernesto Data January 3rd, 2013, mega upload,
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U.S. deliberately misled the court with unlawful search warrants.
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When the U.S. government applied for the search warrants against mega upload last year,
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it told the court that they had warned mega upload in 2010 that it was hosting infringing files.
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Through its hosting company, mega upload was informed about a criminal search warrant in an
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unrelated case where the government requested information on 39 infringing files stored by the
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file hosting service. At the time, mega upload, who operated with this request, and handed over
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the details on the uploaders. The files were kept online as mega upload was instructed not to touch
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any of the evidence. However, a year later, this inaction is being used by the U.S. government to
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claim that mega upload was negligent, leaving out much of the context. As of November 18th, 2011,
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36 of the 39 infringing copies of the copyrighted motion pictures were still being stored on servers
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controlled by the mega conspiracy. The government claimed in the mega upload search warrants.
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This course of action is misleading according to mega upload's legal team.
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Nowhere did the government tell this court that mega upload had done exactly what the government
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had asked it to do. Execute a search warrant without alerting the extensible targets to the
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existence of an investigation. Mega upload's lawyers write. The government's contention to this
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court that mega upload's preservation of the status quo was evidence of criminal intent is false
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and deliberately so they add. By failing to mention that the files were not removed because the
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authority specifically requested this, the government deliberately misled the court mega upload says.
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The lawyers argue that this is not only troubling by itself, but also fits into a wider picture of
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misconduct that was revealed in New Zealand court proceedings. It is clear from the unsealed
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warrants that the government withheld critical information from its supporting affidavits.
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That withholding calls into grave question the legality of any and all seizures affected
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pursuant to those warrants. The withholding is all the more worrisome considering the identified
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pattern of governmental misconduct plaguing the proceedings in New Zealand, the legal team writes.
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Mega upload therefore asks for these seashoes to be addressed in an upcoming hearing.
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Kim.com told Torrent Freak that he is furious about the US government's actions which ruined his
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business. Quote Kim.com, a legitimate business destroyed, 220 jobs destroyed, all assets frozen
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without a hearing. Millions of users without access to the legitimate files, anti-terror forces to
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arrest non-violent nerds, spy agencies to surveil our communications illegally. The White House,
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a prime minister, two governments abusing all rights. To read this filing and the rest of the
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article, please see the link in the show notes. From eff.org by Hannah Fackery dated December 21,
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2012, Vermont Supreme Court allows limits to government computer search power. A new and
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important decision by the Vermont Supreme Court could go a long way to safeguard privacy by
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ensuring police computer searches remain narrow. EFF together with the ACLU and ACLU of Vermont
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filed an amicus brief in the case which empowered courts that issue warrants to include specific
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instructions on how the police can conduct the search so they remain narrow and particular.
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This case started as part of an identity theft investigation where police in Burlington,
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Vermont, applied for a search warrant to seize and search a number of computers, cell phones,
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and other electronic devices in a house. Noting the ease with which electronic data can travel
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between electronic devices, as well as the fact that evidence could be stored anywhere on the
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computer, investigators submitted an extraordinarily overbroad search warrant application,
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including requests to search other electronic devices found in the house even if its owners
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wasn't suspected of committing a crime. They also ask for the ability to search the entire
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contents of all the computers and devices they seized. But the fourth amendment requires searches
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to be reasonable. That obviously means the police need a search warrant to search a place.
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It also means that their search must be limited or particular so that the search only
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intrudes into a private space where the thing the police want is most likely to be found.
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But how does that work in the digital age, where computers and other electronic devices
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store vast amounts of our private and sensitive information in any number of places?
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The judge, grappling with the fourth amendment implications, issued the search warrant but
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imposed limits on how the government could execute the search. The court relied heavily on the
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ninth circuit court of appeals 2010 decision in United States versus comprehensive drug testing
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incorporated, which provided law enforcement with the suggested guidelines designed to protect
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privacy during computer searches. Unhappy with these limitations, the government filed a petition
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for extraordinary relief in the Vermont Supreme Court asking that the original broad-worn
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officers request to be granted. In last Friday's decision, the Vermont Supreme Court understood
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the privacy implications at issue and ruled that the fourth amendment allows a judge to include
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instructions in the search warrant to ensure an electronic search remains narrow and particular.
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The court approved the three different limitations judges can place on the government as part of
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a computer search that have important ramifications for other forms of electronic seizures.
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First, searches can be performed by third parties or police personnel segregated from the main
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investigators who segregate irrelevant information prior to disclosure. Second, judges can order
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investigators to focus search techniques while precluding use of specialized search tools without
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prior judicial authorization. And third, investigators are limited in data that they can copy,
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non-responsive data should be destroyed and devices return. Judges control search
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warns not the government. The court noted that warrant applications aren't submitted to judges
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on a take it or leave it basis, but oftentimes it seems that this is precisely what the government
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wants, wide-ranging authorization into electronic evidence with minimal oversight and little
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particularity. And when prosecutors don't get their way, their default is to argue that the judges
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are little more than rubber stamps permitted to do nothing more than approve or deny government
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requests. Thankfully, the Vermont Supreme Court stood up to the government and told them they
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couldn't have whatever they wanted. Other courts are starting to be more vocal too about the
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government's efforts to intrude into the private lives of Americans. We need more courts to think
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about the implications of their decisions and craft limits on electronic surveillance so they
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can fulfill their traditional role as a check against government overreach. To read more details
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about the three limitations, follow the article link in the show notes. Other headlines in the
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news to read these stories follow the links in the show notes. German privacy regulator orders
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Facebook to end its real name policy. List of groups honed by websites with anti-student
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policy. Staff and produced by the talk geek to me news team, editorial selection by Deep Geek.
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Views of the story authors reflect their own opinions and not necessarily those of TGTM news.
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News from techdirt.com, the stand.org, and Havana Times.org used under arranged permission.
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News from tornfreak.com and EFF.org used under permission of the creative commons by attribution
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license. News from wlcentral.org and democracy now.org used under permission of the creative commons
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by attribution, non-commercial, no derivatives license. News sources retain the respective copyrights.
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Thank you very much. This has been Dan Walshko. Have a great day.
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Thank you for listening to this episode of talk geek to me. Here are the vials statistics for this
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program. Your feedback matters to me. Please send your comments to dg at deepgeek.us.
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The webpage for this program is at www.talkgeektome.us. You can subscribe to me on identical as the
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user name Deep Geek or you could follow me on Twitter. My username there is dggtm as in Deep Geek
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talk geek to me. This episode of talk geek to me is licensed under the creative commons
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attribution share like 3.0 unpoored license. This license allows commercial reuse of the work
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as well as allowing you to modify the work so long as you share a like the same rights you have
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received under this license. Thank you for listening to this episode of talk geek to me.
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You have been listening to Hacker Public Radio at Hacker Public Radio does our
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We are a community podcast network that releases shows every week day on day through Friday.
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If you ever consider recording a podcast, then visit our website to find out how easy it
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