38 posts tagged with privacy and law. (View popular tags)
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"Nothing. You're screwed."

During their Freedom Hosting investigation and malware attack last year, the FBI unintentionally obtained the entire e-mail database of popular anonymous webmail service Tor Mail. And now, they've used it in an unrelated investigation to bust a Florida man accused of stealing credit card numbers. [more inside]
posted by zarq on Jan 27, 2014 - 39 comments

 

Privacy in an age of publicity

The Secret History of Privacy. "Something creepy happened when mystery became secular, secrecy became a technology, and privacy became a right..." [Via]
posted by homunculus on Jun 17, 2013 - 26 comments

The Challenge to European Data Rights

The Council of the European Union recently released a proposal to amend the General Data Protection Regulation. Scaling back from becoming the most strict privacy regulation in the world, the amendment greatly favors corporate interests while reducing the rights of data subjects. [more inside]
posted by ChipT on Jun 17, 2013 - 8 comments

First Person Shooter

When it hits you, no matter how much you expect it, it comes as a surprise — a literal shock, like a baseball bat swung hard and squarely into the small of your back. That sensation — which is actually two sharp steel barbs piercing your skin and shooting electricity into your central nervous system — is followed by the harshest, most violent charlie horse you can imagine coursing through your entire body. With the pain comes the terrifying awareness that you are completely helpless. You cannot move. You lose control of almost everything and the only place you can go is down, face first to the floor. That’s what it feels like to be hit with a Taser.
posted by Horace Rumpole on Apr 5, 2013 - 74 comments

The News Corporation scandals

Murdoch's Scandal - Lowell Bergman (the journalist portrayed by Al Pacino in The Insider) has investigated News Corporation for PBS Frontline [transcript]. He depicts Rupert Murdoch's British operation as a criminal enterprise, routinely hacking the voicemail and computers of innocent people, and using bribery and coercion to infiltrate police and government over decades. Enemies are ruthlessly "monstered" by the tabloids. Bergman also spoke to NPR's Fresh Air [transcript]. But the hits keep coming: in recent days News Corp has been accused of hacking rival pay TV services and promoting pirated receiver cards in both the UK and Australia. With the looming possibility of prosecution under America's Foreign Corrupt Practices Act, how long will shareholders consider Rupert Murdoch irreplaceable? [Previous 1 2 3 4]
posted by East Manitoba Regional Junior Kabaddi Champion '94 on Mar 28, 2012 - 58 comments

Eleventh Circuit Protects Right to Encrypt Data

The United States Court of Appeals for the Eleventh Circuit ruled yesterday [.pdf] that a citizen's refusal to decrypt encrypted drives is protected by the Fifth Amendment, at least under some circumstances. In doing so it reversed the district court's contempt order entered against a John Doe defendant after he refused to decrypt his laptop hard drive and five external hard drives in response to a subpoena. This decision arguably conflicts with an earlier decision in which a district court in Vermont required a defendant to provide the password to his encrypted drives. The Eleventh Circuit distinguishes the earlier case on the basis that the government in that case knew of the existence of the files and simply couldn't access them, while in the recent case the government did not know the names of files or even whether or not files actually existed on the encrypted drives.
posted by monju_bosatsu on Feb 24, 2012 - 89 comments

Fraley v. Facebook: Social Media, Privacy, and the Law

"The Fraley plaintiffs sued Facebook, alleging that its 'Sponsored Stories' feature, which displays ads on Facebook containing the names and pictures of users who have 'Liked' a product, violated California’s Right of Publicity statute. The statute forbids the commercial use of an individual’s name or likeness without consent. Integral to the plaintiffs’ claim was the assertion they had been injured because they were “celebrities” to their Facebook friends, such that their endorsements of the products in the Sponsored Stories held economic value—economic value that they were deprived of when Facebook published their Stories without their consent." - Famous for Fifteen People (Stanford Law Review): Celebrity, Newsworthiness, and Fraley v. Facebook (Citizen Media Law Project)
posted by wikipedia brown boy detective on Feb 10, 2012 - 10 comments

"In almost all cases it is not possible to bring a civil action against" a website that hosts your nude images posted without your consent.

This past July, Forbes blogger Kashmir Hill posted a three-part series about "online defamation and involuntary nudity." The first entry focused on an offender: Hunter Moore, owner of IsAnyoneUp.com (Link is NSFW.) The second entry focused on a victim: Paul Syiek, whose company was defamed by a disgruntled ex-employee on the consumer website Rip-off Report. The third profiled a Senior Copyright attorney at Microsoft, Colette Vogele, who co-founded a side project this year to help victims: WithoutMyConsent.org. [more inside]
posted by zarq on Nov 13, 2011 - 53 comments

"...nor shall be compelled in any criminal case to be a witness against himself..."

Public interests will be harmed absent requiring defendants to make available unencrypted contents in circumstances like these. Failing to compel Ms. Fricosu amounts to a concession to her and potential criminals (be it in child exploitation, national security, terrorism, financial crimes or drug trafficking cases) that encrypting all inculpatory digital evidence will serve to defeat the efforts of law enforcement officers to obtain such evidence through judicially authorized search warrants, and thus make their prosecution impossible.

The "if you were innocent, you'd have nothing to hide" argument rears its head, in a big way. [more inside]
posted by fifthrider on Jul 11, 2011 - 215 comments

Every one a little lawyer.

“Watching the video I thought that it was wise of Major League Baseball to combine this sort of sentimental moment with mass speculative litigation. It kept brand values strong. I felt strangely grateful that I could have a moment to remember that afternoon. Surprised by the evidence of both copyright violation and father-daughter affection.” —Paul Ford, “Nanolaw with Daughter” [more inside]
posted by kipmanley on May 15, 2011 - 26 comments

We don't need you to type at all

"With your permission you give us more information about you, about your friends, and we can improve the quality of our searches," [Google CEO Eric Schmidt] said. "We don't need you to type at all. We know where you are. We know where you've been. We can more or less know what you're thinking about... We can look at bad behavior and modify it." The Atlantic's editor James Bennet discusses with Schmidt how lobbyists write America's laws, how America's research universities are the best in the world, how the Chinese are going all-out in investing in their infrastructure, how the US should have allowed automakers to fail, and ultimately Google's evolving role in an technologically-augmented society in this broad, interesting and scary interview (~25 min Flash video) [via]
posted by Blazecock Pileon on Oct 4, 2010 - 55 comments

Operation Payback is a Bitch

Thousands of broadband customers in the UK have had their personal details uploaded to web, complete with the names of pornographic movies they are alleged to have downloaded. [more inside]
posted by afx237vi on Sep 28, 2010 - 70 comments

Pinwale

NSA E-Mail Surveillance Renews Concerns in Congress. "Since April, when it was disclosed that the intercepts of some private communications of Americans went beyond legal limits in late 2008 and early 2009, several Congressional committees have been investigating. Those inquiries have led to concerns in Congress about the agency’s ability to collect and read domestic e-mail messages of Americans on a widespread basis, officials said. Supporting that conclusion is the account of a former N.S.A. analyst who, in a series of interviews, described being trained in 2005 for a program in which the agency routinely examined large volumes of Americans’ e-mail messages without court warrants. Two intelligence officials confirmed that the program was still in operation." [Via]
posted by homunculus on Jun 17, 2009 - 44 comments

Privacy and Social Networking: If I Poke you, it indicates that I’m online, and I’m thinking about you.

Facebook and the Social Dynamics of Privacy (coming soon to the Iowa Law Review), by James Grimmelmann (law professor, programmer, MeFi's own grimmelm, and Level 1 Ensign Zombie): just in time for Facebook Connect and Google Friend Connect, Grimmelmann suggests we rethink what privacy means both in legal terms and how that impacts social networks and their users. (Previously) [more inside]
posted by ahughey on Dec 8, 2008 - 39 comments

Cats Defending Henhouses

Worried about social-network data mining? Facebook hires Ted Ullyot, former right-hand man to former Attorney General Alberto Gonzales, as its general counsel. Tapping Ullyot, who worked on the infamous torture memo and other illustrious projects, is a sign that the burgeoning Scrabble platform "is a little more grown-up," says Facebook public-policy VP Elliot Schrage.
posted by digaman on Sep 30, 2008 - 40 comments

Watch Lists

ACLU Watch List Counter: U.S. Terror List Now Exceeds 900,000 Names. That's an awful lot of terrorists. More Privacy and Surveillance Filter: Bruce Schneier on The Myth of the 'Transparent Society', Glenn Greenwald on The Banality of the Surveillance State, and Stephen Colbert on AT & Treason. [more inside]
posted by homunculus on Mar 8, 2008 - 46 comments

Internet Troll Moves to Quash Subpoena Designed to Uncover their IRL Identity

Two Yale Law School graduates who allege they were subjected to a campaign of online harassment file suit against the site's owner and two dozen internet trolls for copyright infringement, defamation, and a variety of other tort and IP claims. In the latest developments, the website's owner was dropped from the lawsuit, and another defendant moved (seemingly pro se) to quash a subpoena served originally on their ISP to reveal their identity. [more inside]
posted by Law Talkin' Guy on Feb 28, 2008 - 25 comments

EFF vs. AT&T

Up Against Big Brother: "For 18 years the Electronic Frontier Foundation has fought for the rights of ordinary Americans in cyberspace. Now it’s stepped into the limelight with a legal challenge to warrantless surveillance." [Via Boing Boing.]
posted by homunculus on Feb 2, 2008 - 25 comments

Securing Adolescents From Exploitation-Online Act

Yesterday, the US House passed the SAFE Act. No, not that one. Points of note:
- If signed into law, the SAFE Act will require people offering WiFi at their cafe, library, or even allowing their neighbours to use it, who notice that someone appears to have viewed certain dirty cartoons, or pictures of fully-clothed children looking sexy, to immediately make a comprehensive report to John Walsh's CyberTipLine, and retain the images, or face a fine of up to $150,000.
- ISPs or email services have the same obligations, and must store all data relating to the user's account, to be handed over to the authorities.
- The Democrats rushed the legislation through using a mechanism intended for non-controversial legislation. There was no hearing or committee vote. The legislation changed significantly before the vote and was not available for public review.
- The bill passed 409-2. Opposed were Paul Broun (R-Georgia) and Ron Paul (R-Texas). The Senate is next, so consider telling them what you think.
posted by East Manitoba Regional Junior Kabaddi Champion '94 on Dec 6, 2007 - 98 comments

Big Brother is Watching You. On CCTV.

George Orwell, Big Brother is watching your house. With CCTV. Perhaps the Surveillance Camera Players could put on a performance there. It looks like Britain really is becoming a surveillance society. [Via Digg.]
posted by homunculus on Apr 2, 2007 - 44 comments

You had to live -- did live, from the habit that became instinct and the assumption that every sound you made was overheard.

For Your Eyes Only? Allegations that the government is reading your e-mails, with the help of AT&T. The latest episode of NOW did a good piece on the NSA's domestic surveillance program (previously discussed here.) It can be viewed on their website. Meanwhile, Canadian human rights attorney Maureen Webb has written a new book on the scope of government surveillance, and found that the use of sophisticated methods to search for terrorists is not identifying the right suspects.
posted by homunculus on Feb 21, 2007 - 72 comments

"Mere production of these videos or pictures may also result in psychological trauma to the teenagers involved."

Teens convicted of producing and possessing child pornography for taking pictures of themselves. [via]
posted by brundlefly on Feb 12, 2007 - 53 comments

Your world, delivered to the NSA

AT&T Ducks Accountability. Lawsuits, Questions Follow NSA Surveillance Approval.
posted by homunculus on Jan 21, 2007 - 14 comments

Self-examination from the Fourth Estate — "Yep, still there."

"And yet the people who invented this country saw an aggressive, independent press as a protective measure against the abuse of power in a democracy, and an essential ingredient for self-government." Bill Keller, executive editor of the New York Times, publicly responds to criticisms on the publication of information about clandestine surveillance of private bank records of Americans, offering a rare glimpse into the Fourth Estate's complicated negotiations with the government over issues of public interest.
posted by Mr. Six on Jun 26, 2006 - 58 comments

Black-Bag Jobs

"Don't worry Mr. President, we have Kansas surrounded." Warrantless searches: they're not just for wiretaps anymore. U.S. News and World Report probes the Bush administration's covert drive to conduct physical searches of American homes without court approval.
posted by digaman on Mar 19, 2006 - 52 comments

are they matched to the access code and do you keep a record of what code is mailed to what person?

So if you run the CD in your personal computer, by the end of it, the Minnesota GOP will not only know what you think on particular issues, but also who you are. --a cd being sent out to home by the Minnesota GOP is polling people who use the cd, sending their personal info, including name, address, and phone, among other info, back to party headquarters. No privacy policy or statement identifying what the cd does is visible anywhere: ...As far as I could tell, nothing tells you that the answers are about to be e-mailed or otherwise transmitted to the Minnesota GOP. So you finish, and then the phone rings. "Hello, Mr/Mrs. Voters, it's Joe and I notice you support gun control and the marriage amendment, would you like to donate some money to us?" That might startle the person who may have thought he/she was viewing the presentation in the privacy of the computer room. ...
posted by amberglow on Feb 28, 2006 - 80 comments

Information wants to be free.

Wikipedia wrangling once more: the entire German edition was shut down this week over the contents of a single entry. The parents of the article's subject, a German hacker who died in 1998 under mysterious circumstances, are displeased with his real name being disclosed in the encyclopedia. It is now back online; however, the future of the family's efforts is currently unclear, not only due to the German order's debatable validity in the US - but also because the order was, initially at least, mistakenly addressed to St. Petersburg, Russia, instead of St. Petersburg, Florida.
posted by goodnewsfortheinsane on Jan 20, 2006 - 18 comments

D to the N to A

DNA: frightening government privacy invasion tool of tomorrow or beautiful source of personal art today?
posted by mathowie on Sep 11, 2005 - 18 comments

Blogging unanonymously

Domains by Proxy is a fairly popular service run by GoDaddy that aims to protect your personal info from whois requests. The domains by proxy homepage has links to law enforcement and civil subpoena policies, making it sound like you actually have to do something deemed illegal by a judge or officer to get outed. One blogger found out something as simple as a letter from a local lawyer was enough to reveal all his personal details in a whois request, without ever being notified beforehand. Might be worth reading up on EFF's guide to anon blogging if you ever start a whistleblower site.
posted by mathowie on Jul 18, 2005 - 26 comments

Be careful with what you write

Here's an interesting story for people who like to write and post stuff on the internet Judge Diana Lewis of Circuit Court in West Palm Beach issued an order that forbids Mr. Max to write about Ms. Johnson. That prohibition is not limited to his website. She ruled on May 6, before Mr. Max was notified of the suit and without holding a hearing. She told Mr. Max that he could not use "Katy" on his site. Nor could he use Ms. Johnson's last name, full name or the words "Miss Vermont." The judge also prohibited Mr. Max from "disclosing any stories, facts or information, notwithstanding its truth, about any intimate or sexual acts engaged in by" Ms. Johnson. Finally, Judge Lewis ordered Mr. Max to sever the virtual remains of his relationship with Ms. Johnson. He is no longer allowed to link to her Web site. ... All this as a result of a lawsuit in which Ms. Johnson maintained that Mr. Max had invaded her privacy by publishing accurate information about her.
posted by magullo on Jun 2, 2003 - 39 comments

No more Scarlet Letter!

Is this your fetus? Are you the one I slept with? Remember when we discussed this before? Florida has now been forced by 4 plaintiffs and the ACLU to repeal the so-called Scarlet Letter law that forces women who are pregnant and giving children up for adoption to take out an ad local papers once a week for 4 weeks, stating her name and her sexual history in the last year, to let men know if they *might* be the father. Here is the ACLU legal brief. The details about the decision are in the first link. Thank god for the ACLU.
posted by aacheson on Apr 25, 2003 - 46 comments

Women who put babies up for adoption required to publish sexual pasts

Women who put babies up for adoption required to publish sexual pasts Web sites can't collect info on minors, but Florida wants all women, including minors, to publish their sexual history in local newspapers before they're allowed to give their child up for adoption. Abortions are difficult to get in Florida, almost impossible for some minors because of parental notification and permission requirements, yet wouldn't this law push more women towards abortion rather than towards adoption?
posted by dejah420 on Aug 7, 2002 - 83 comments

Government Will Ease Limits on Domestic Spying by F.B.I.

Government Will Ease Limits on Domestic Spying by F.B.I. (NY Times link) As part of a sweeping effort to transform the F.B.I. into a domestic terrorism prevention agency, Attorney General John Ashcroft has decided to relax restrictions on the bureau's ability to conduct domestic spying in counterterrorism operations, senior government officials said today. Here's the Wash. Post's take on the story.
posted by Ty Webb on May 30, 2002 - 21 comments

Privacy in Cyberspace.

Privacy in Cyberspace. The Berkman Center for Internet and Society at Harvard Law School is offering a free "lecture and discussion" series on Internet Privacy. The series began today and is comprised of six modules that are introduced weekly over six weeks. Registration is free and open to all.
posted by gd779 on Mar 11, 2002 - 10 comments

Hmmm....maybe while they're not looking, we can do some really bad things. Corporate lobbyists love distractions, especially a major crisis at the end of a legislative session. California is no exception. How has your state legislature been screwing you while this crisis has been going on?
posted by themikeb on Sep 14, 2001 - 5 comments

Say goodbye to personal liberty

Say goodbye to personal liberty if this bill gets passed. A bill aimed at fighting drugs on and off line will limit your freedom of speech, allow police to enter your house with a warrant but not telling you what it's for. One step closer to the Police state. And one heck of a supreme court case in the wings.
posted by eljuanbobo on May 9, 2000 - 3 comments

A new child privacy law is in effect

A new child privacy law is in effect, what do you think?
posted by tiaka on Apr 21, 2000 - 1 comment

Yahoo! is being sued. The plaintiffs claim that Yahoo!'s use of cookies violates Texas anti-stalking laws.
posted by tdecius on Feb 14, 2000 - 3 comments

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