civil liberties
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Man sues police over a facial recognition-related wrongful arrest
Nijeer Parks says he spent 10 days in jail after he was falsely identified as a shoplifter.
Facial recognition linked to a second wrongful arrest by Detroit police
It's the second-known such case in the US to date.
False facial recognition match leads to a wrongful arrest in Detroit
A Michigan man was arrested due to a false match in a facial recognition system, and the ACLU is filing a complaint in response.
Court finds algorithm bias studies don't violate US anti-hacking law
Researchers should be free to look for bias in website algorithms in the future. A federal court in DC has ruled in a lawsuit against Attorney General William Barr that studies aimed at detecting discrimination in online algorithms don't violate the Computer Fraud and Abuse Act. The government argued that the Act made it illegal to violate a site's terms of service through some investigative methods (such as submitting false info for research), but Judge John Bates determined that the terms only raised the possibility of civil liability, not criminal cases.
Chinese companies want to help shape global facial recognition standards
The use of facial recognition technology is continuing to expand, despite concerns about its accuracy and fairness and about how it could be used by governments to spy on people. These concerns have been heightened following a report by the Financial Times which shows that Chinese groups have a significant influence in shaping international standards regarding the technology.
Pennsylvania court rules suspect can't be forced to provide his password
Law enforcment might soon have a harder time forcing suspects to unlock their devices. Pennsylvania's Supreme Court has ruled that authorities were asking Joseph J. Davis, the accused in a child pornography case, to violate his Fifth Amendment right against self-incrimination when they asked him to provide the password for his computer. A lower court had determined that the request fell under an exemption to the Fifth Amendment when Davis seemingly acknowledged the presence of child porn on his PC, but the state Supreme Court rejected that argument on the grounds that a password is testimony and thus protected under the Constitution.
Federal judge rules suspicionless device searches at the border are illegal
Civil liberties advocates just scored an important victory in a bid to prevent arbitrary device searches at the US border. A federal court handling a 2017 lawsuit has ruled that US policies allowing device searches without valid suspicion or warrants violate Fourth Amendment protections against unreasonable searches and seizures. Judge Denise Casper noted that an exemption for searches at the border was "not limitless," and still needed to strike a balance between privacy and government interests. That usually means focusing on contraband, she said.
The FBI plans more social media surveillance
The FBI wants to gather more information from social media. Today, it issued a call for contracts for a new social media monitoring tool. According to a request-for-proposals (RFP), it's looking for an "early alerting tool" that would help it monitor terrorist groups, domestic threats, criminal activity and the like.
The French Parliament approves controversial surveillance bill
In an attempt to prevent terrorist attacks, the French Parliament has approved a new surveillance law that gives unprecedented access to intelligence agencies. According to the BBC, the new bill was drafted three days after the Charlie Hebdo killings. While the government insists that the intelligence-gathering systems will monitor suspicious activities, defenders of civil liberties believe it allows the state to carry out mass surveillance without distinction. Despite the debate, the decision to pass the bill was almost unanimous. Both the ruling Socialists and opposition voted in favor of it.
Twitter hands over Occupy Wall Street protestor's updates under pressure
Twitter has been building a modest reputation for siding with the little guy (or girl) when it comes to communication privacy, and it just demonstrated how far it's willing to go in a showdown with Manhattan's Criminal Court over a demand to hand over tweets from Occupy Wall Street protestor Malcolm Harris. The social network has been pushed into delivering the claimed evidence, but only as it faced a deadline and the threat of a fine -- it even tried one last request for a stay before producing hard copies of the messages. However much the handover affects Harris' chances at winning during trial, it emphasizes that public posts have serious consequences -- companies ultimately can't shield you from the law. [Image credit: Paul Stein, Flickr]
Google to flag 'censored' searches for Chinese users (video)
Google is announcing that it's going to place a flag on contentious search terms for users in mainland China. Mountain View's Alan Eustace euphemistically described how some searches break a connection to the service, leading to users being frozen out for around a minute each time. He theatrically added that the company has checked its servers several times and found no error, so whatever issue causes these outages must be external. Whenever a term is typed that is likely to cause an "outage," the error message in the picture above will appear, with a suggestion to search for something else, or use Pinyin to search for a term where contentious keywords appear inside otherwise natural searches.
FBI reportedly pressing for backdoor access to Facebook, Google
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]
Hawaii's online tracking law is all but dead, lead sponsor confirms
The Hawaii state legislature has apparently pulled an about face on a proposed internet tracking bill, amid swelling concerns from civil libertarians and internet service providers alike. First introduced last week, the controversial measure calls for all ISPs to track and record a user's online activity and identity within individual digital dossiers. The law's supporters trumpeted it as a vital step in protecting "victims of crime," but its momentum has all but come to a halt, now that its lead champion has proclaimed its death. In a recent interview with CNET, Democratic Representative John Mizuno (pictured left) confirmed that his bill has been shelved, attributing the decision to the avalanche of critical feedback he's received (see the coverage links, below). "It's generated a lot of national attention," Mizuno explained. "I've taken into consideration the thousands of e-mails (which were often) colorful and passionate, which is absolutely fine... This bill just isn't ready. It needs a lot of work." Unfortunately, this doesn't mean spell an outright death for the law, as Mizuno still believes that keeping a record of browsing history could help authorities hunt down pedophiles and other evil doers. "I think both would be very strong pieces of evidence if there's going to be a criminal proceeding," he argued. Despite our own fundamental misgivings with Mizuno's approach, it's still encouraging to see politicians respond to public outcry so swiftly and, as with the SOPA debacle, appropriately.
NYPD begins testing long-distance gun detector as alternative to physical searches
As part of its ongoing effort to keep New York City safe, the NYPD has begun testing a new scanning device capable of detecting concealed firearms from a distance of about 16 feet. Developed in conjunction with the Department of Defense, the technology uses terahertz imaging detection to measure the radiation that humans naturally emit, and determine whether the flow of this radiation is impeded by a foreign object -- in this case, a gun. During a speech Tuesday, Police Commissioner Ray Kelly said the device shows "a great deal of promise as a way of detecting weapons without a physical search." Kelly went on to say that the technology would only be deployed under "reasonably suspicious circumstances," though some civil liberties activists are already expressing concerns. "We find this proposal both intriguing and worrisome," New York Civil Liberties Union executive director Donna Lieberman said in a statement, adding that the scanner could all too easily infringe upon civilian privacy. "If the NYPD is moving forward with this, the public needs more information about this technology, how it works and the dangers it presents." For now, the NYPD is only testing the device at a shooting range in the Bronx, and has yet to offer a timeline for its potential deployment.
EFF takes the fight to Carrier IQ, requests reinforcements
If we didn't love the EFF already, we'd be proposing marriage now that it's managed to reverse-engineer Carrier IQ's pernicious monitoring software. CIQ exists in phones in three parts, the app itself, a configuration file and a database -- where your keystrokes and coded "metrics" are logged before being sent to the company. Volunteer Jared Wierzbicki cracked the configuration profile and produced IQIQ, an Android app that reveals what parts of your activity are being monitored. Now the Foundation is posting an open call for people to share their data using the app in order to decipher what personal data was collected and hopefully decrypt the rest of the software. Hopefully, our thoughts can soon turn to who's gonna play the part of Trevor Eckhart in the All the Presidents Men-style biopic.
Democratic Republic of Congo bans text messaging
After a controversial presidential election that saw Joseph Kabila retain the office amid fierce protests, the Democratic Republic of Congo has shut down the nation's text messaging services in order to restore public order. Civil liberties concerns aside, it's proving to be highly dangerous for the one point four million deaf residents who rely on text messaging. Normally they would receive safety signals when conflict broke out in their vicinity -- leading to people being caught unawares in crossfires who would otherwise have remained indoors. Human Rights organization ASADHO has said the crackdown could lead to further deaths, especially for people in remote areas and has joined numerous others in requesting the repeal of the ban.
New privacy laws needed that entail GPS technology, hot-headed rogue cops
An expert testifying at a hearing of the House Subcommittee on the Constitution, Civil Rights and Civil Liberties said on Thursday that the government needs to update the Electronic Communications Privacy Act of 1986. Among the criticisms was the fact that it doesn't adequately address location-aware technologies. "With regard to this type of location data, ECPA's statutory framework is profoundly unsatisfying," said Marc Zwillinger of Zwillinger and Genetski, a Washington DC law firm that specializes in cybercrime. "[I]t fails to provide clear guidance for situations in which the government seeks to track an individual's precise movements, leaving the answer to the general application of Fourth Amendment principles and significant variation across jurisdictions." In other words, the wording of the law is extremely nebulous, a situation that can lead to confusion (and civil right violations). And if it weren't enough that courts and law enforcement are applying decades-old law to cutting edge technology, "the current law is overly secretive because warrants for wiretaps and other communications intercepts are often sealed for years after they are issued," writes Gautham Nagesh in The Hill. He cites U.S. Magistrate Stephen Smith of the Southern District of Texas as charging that "the brunt of that secrecy is borne by people who are never charged with a crime but have the misfortune to contact someone whose communications are being monitored." Well, we're glad that someone in Washington seems to think that the ECPA needs overhauled -- but we'll remain skeptical until we see something concrete. Regardless, we doubt that a simple change in law will keep McNulty from doing whatever he has to do to make his case. He's real police.
Laptops can be confiscated and searched at US border without cause says report
In further evidence of our rapidly eroding civil liberties, the Department of Homeland Security disclosed today that US Customs and Border Protection and US Immigration and Customs Enforcement have the right to confiscate and search a traveler's laptop or other electronic device without any suspicion of wrongdoing. The rules -- which we reported on in February -- allow for searches of hard drives, flash drives, cellphones, iPods, pagers, and video or audio tapes, and specify that the agencies can "detain" belongings for a "reasonable period of time," (i.e., as long as they please). Additionally, the DHS can share the data found with other government agencies or private entities for translation, decryption, or (astoundingly vague) "other reasons." The DHS says the policies apply to anyone entering the country -- including US citizens -- and claim the measures are necessary to prevent terrorism. In other news, Big Brother issued a statement today guaranteeing a bonus for turning over family members suspected of crimethink to the Thought Police.[Via Switched]
