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Government uses gag order to keep encryption company quiet
In the first half of 2016, Open Whisper Systems (OWS) -- the maker of Signal and creator of the encryption used by Google Allo and Facebook Messenger -- was served a subpoena for information concerning two users of the service. That's not out of the ordinary. But what was odd and troubling was the gag order that accompanied the court order for information.
Microsoft sues US government to remove gag on data requests
Apple may have the eye of the US government when it comes to encryption, but Microsoft is taking aim at the Justice Department as well. Redmond is suing the government over the right to tell its customers when the authorities ask it to hand over data. In a complaint filed today in Seattle's US district court, the company says the 1986 Electronic Communications Privacy Act is unconstitutional, not only violating its First Amendment rights, but also the Fourth Amendment's right to be notified when the government searches and/or seizes property.
There's more than just one iPhone the US wants to access
Remember when the head of the FBI swore blind that authorities only wanted backdoor access to the iPhone in this one, special case? Turns out that his friends over at the Justice Department just blew that claim miles out of the water. The Wall Street Journal has revealed that the DOJ is currently pushing court cases to get access to the data on no less than 12 different iPhones. The paper's sources say that officials are using the All Writs Act, the same 18th-century law that the FBI feels justifies its request for a backdoor.
US prosecutes man who hacked identities to help ISIS
Extremism and terrorism are complex things in the internet era, and US federal prosecutors are learning this first hand. The Justice Department recently charged Kosovo citizen Ardit Ferizi with leading a hacking team that swiped the personal data of US military staffers in order to help Islamic State in Iraq and Syria (ISIS) supporters kill as many as 1,000 Americans. That campaign hasn't panned out, as you might have guessed, but it makes the consequences of a typical data breach look timid by comparison.
US will probe Google for anti-competitive Android behavior
The FTC and US Justice Department have launched an antitrust investigation into Google's Android operating system, according to Bloomberg. US regulators reportedly launched the inquiry after meeting with rival tech companies saying that Google limits their access to Android in favor of its own apps. The US move follows a similar investigation into the Android platform in Europe, where the EU Commission is looking into Google's search and bundling of applications like Gmail, Chrome and Play. The concern is that the practice creates a monopoly and crowds out rival apps like Microsoft's Outlook or Nokia's Here mapping.
Apple is refusing Justice Department requests for iMessages
You likely know that Apple's iMessage is encrypted well enough that law enforcement can't snoop on your messages, but it's now very clear that this security is setting up a conflict with the US government. The New York Times understands that Apple refused at least one Department of Justice request for iMessage chats between suspects using iPhones. There's no way to comply, according to the response. Reportedly, the case ruffled enough feathers that officials at the FBI and Justice Department were pushing for legal action against Apple. That never materialized, but there's no doubt that the Cupertino crew is on notice.
The FCC is set to approve AT&T's DirecTV acquisition (update: DoJ too)
As first reported by the Wall Street Journal, the FCC is gearing up to approve AT&T's $49 billion acquisition of DirecTV. Commission Chairman Thomas Wheeler confirmed that he is set to call a vote on the matter with the FCC's other four commissioners. According to Wheeler, the proposal will "directly benefit customers" by increasing competition in the broadband marketplace. Most importantly, the FCC's approval comes with strings: AT&T will not be permitted to exclude affiliated video services and content from data caps on its fixed broadband connections, and it must submit all interconnection reports to the FCC, as well as reports on network performance. If the deal passes their vote, it will be clear to close. The deal will transform AT&T into the nation's largest pay television provider as well as its second largest telecom, combining AT&T's U-verse and DirecTV's satellite offerings. Update: The Justice Department also announced tonight that it "will not challenge" AT&T's acquisition of DirecTV, clearing the path for it to go through once the commission votes. For AT&T's part, it says "We hope the order will be approved by the Commission quickly and we expect to close shortly thereafter."
Authors call on the US to investigate Amazon's book business
Just because Apple is on the hook for allegedly anti-competitive book sales doesn't mean that Amazon is above reproach. As promised, groups representing both authors and booksellers are calling on the US Department of Justice to investigate Amazon for antitrust abuses. The Kindle maker is supposedly using its literary dominance to "impoverish the book industry," hurt writers' careers and even limit free expression. For example, the company is known to squeeze publishers who object to its pricing policies by withholding pre-orders and otherwise depriving these 'enemies' of income. There are also concerns that Amazon wrecks rival stores through unfair price dumping (that is, selling below cost) and refuses to carry some authors based purely on their politics or fame.
Ex-attorney general says DOJ could negotiate with Snowden
Edward Snowden might be able to see his family in person again -- and (if things go his way) not from behind bars, either. According to former Attorney General Eric Holder, there's a "possibility" for the Department of Justice to negotiate an agreement with the whistleblower, which will allow him to come back home. One of Edward Snowden's lawyers admitted back in March that they were doing everything they could to bring him back to the US, so the two parties might have been talking for a while now. Holder didn't delve into specifics when asked if that meant the government is working on a plea deal, but he said: "I certainly think there could be a basis for a resolution that everybody could ultimately be satisfied with. I think the possibility exists."
DOJ lays down some privacy rules for feds flying drones
The Justice Department promises to keep a closer eye on how its agencies are using drones from now on -- after all, they can be useful in nabbing suspects, but they can also be used as a tool to abuse power. In its new five-page policy guidance, the department has listed when its agencies can and can't use drones, with a focus on people's right to privacy. For instance, they can't be deployed to monitor activities protected by the First Amendment, such as peaceful protests. Authorities will also have to secure warrants to use the machines in places where the subject of investigation has "reasonable expectation of privacy." Obviously, the drones can only be used for authorized investigations and never for engaging in discriminatory acts.
The US opens up on its use of phone surveillance hardware
It seems as if we're not alone in thinking that America's spies may have trodden on a few too many civil liberties of late. That's why senior officials at the Justice Department are calling for a wide-ranging review of electronic surveillance practices and will open up a little bit about why, and when, this technology is used. A report by the Wall Street Journal reveals that there's a big push for greater transparency, but no-one's quite sure on how many beans they should spill in order to restore public trust but not give helpful hints to criminals.
White House to announce it's buying 50,000 police body cams
According to The Hill, President Obama is reportedly set to announce a nationwide body camera program on Monday. This pilot project will purchase 50,000 body-worn police cameras at a cost of $20 million and distribute them to law enforcement agencies in a dozen cities. Over the following two years, that figure will balloon to $75 million as the program expands to additional agencies and police departments.
Comcast and TWC will negotiate with officials to save their merger
The merger between Comcast and Time Warner Cable is no longer as certain to get approval as it once was, and the two cable giants know it. Wall Street Journal sources understand that the companies will meet with Department of Justice officials this week (the first time they've met since the announcement) in hopes of negotiating concessions and saving the deal. It's not clear what more they'll propose beyond existing offers, although history suggests that they could give up more customers or promise more efforts to expand low-cost internet access.
Justice Department may try to block the Comcast / TWC merger
It's been more than a year since Comcast announced its plan to buy fellow cable giant Time Warner Cable in a $45 billion deal, but it still hasn't received the blessings of various regulators. Now, word is leaking out from unnamed sources to Bloomberg and the New York Times that suggests Justice Department lawyers will recommend blocking the merger. Many consumer groups, politicians and executives from other companies have raised concerns over the last year that the combination would put too many customers, and too much of the nation's internet under one banner, despite a promise by Comcast to divest itself of some 3 million customers. Facing so much negative attention, Comcast is trying to improve customer service and reassure skeptics that it will be a friendly giant telecommunications company, but hasn't had much success convincing anyone that its plan will make cable TV better.
Megaupload piracy case lands its first prison sentence
The US government leveled piracy charges against Megaupload's operators three years ago, but it looks like those efforts are only now leading to real convictions. Programmer Andrus Nõmm has ended his extradition fight and pleaded guilty to charges that he helped commit copyright infringement by knowingly developing for a site that thrived on sharing bootleg files. He'll spend a year in prison, which takes into account both his role at Megaupload and his willingness to confess.
DEA kept records of US phone calls for nearly 15 years
The NSA isn't the only American government agency keeping track of phone call metadata... or rather, it wasn't. A Department of Justice court filing has revealed that the Drug Enforcement Administration maintained records of every call made from the US to Iran and other nations for nearly 15 years, stopping only when the initiative was discontinued (prompted at least partly by leaks) in September 2013. The DEA didn't get the content of those calls, but it also didn't get court oversight -- it used administrative subpoenas that only required the approval of federal agents. And unlike the NSA, this program was meant solely for domestic offenses like drug trafficking.
US claims Chinese exec used hackers to steal warplane data
The US isn't done throwing the book at alleged Chinese industrial spies. The Department of Justice has charged a Chinese executive living in Canada, Su Bin, with stealing sensitive info for Boeing and Lockheed Martin warplanes like the C-17 cargo hauler and F-22 fighter. Reportedly, Su partnered with two people to hack into the aircraft makers' networks and either pass along or sell any secrets to interested parties in China. Unlike other targets of the DOJ's wrath, though, it appears that Su was more concerned about profit than helping any government intelligence efforts. While he was handing over data to state-owned aviation firms, he complained of "stingy" buyers and was willing to take a long time to hash out a deal -- not exactly the hallmarks of a government-backed spy.
Justice Department searches for culprits behind Target data breach
Target is bringing in some big guns to find those who swiped its customer data -- the Department of Justice has confirmed that it's investigating the breach. It's not clear how close officials might be to identifying suspects, but Target tells the Wall Street Journal that the thieves got in by using credentials stolen from one of its vendors. We're not expecting the DOJ to catch the perpetrators any time soon. However, it's good to know that the feds are directly involved in fighting a rapidly growing data theft problem.
Eddy Cue takes the stand in e-book price fixing case
Apple executive Eddy Cue didn't get a chance to enjoy WWDC in its entirety because earlier today he was in New York City testifying about Apple's dealings with book publishers amid allegations that Apple colluded with publishers to artificially raise the price of e-books across the industry. While on the stand, Cue didn't deny that the price of e-books had risen in the wake of Apple getting into the e-book market. He did however clarify that the rise in e-books pricing wasn't the result of backhanded and behind-the-scenes maneuvering from Apple, but rather the result of publishers on the whole being unsatisfied with their current contracts with Amazon. Yahoo adds: Cue was the chief negotiator in deals with the publishers that allowed them to set prices as high as $14.99 for sales in Apple's new iBookstore. But he denied that the deals were calculated to force Amazon into similar agreements that would raise its prices as well. Jobs closely monitored the negotiations but was "indifferent" about the outcome for Amazon, Cue testified. However, when asked if Jobs knew that there was a chance that once the iBookstore launched, publishers would withhold best sellers and new releases from Amazon, he responded, "I believe so, sure. Smart guy." Cue also testified that he was wholly unaware that the publishers he was negotiating with were also talking to each other independently of Apple. The DOJ initially went after Apple and five big publishing companies for e-book price fixing back in April of 2012. Since then, each publishing house has settled with the DOJ, thus leaving Apple the only party willing to battle it out in court. When Tim Cook was asked about the trial during his recent appearance at the All Things D conference, he called the trial "bizarre," noting that Apple wasn't going to settle and effectively admit to something it didn't do. Cue's testimony on Thursday marked the end of this week's proceedings. The trial will resume next Monday and scheduled to wrap up late next week.
Apple tells price fixing courtroom it owns 20 percent of the e-book market
Apple director Keith Moerer said in court on Tuesday that the company holds about 20 percent of the US e-book market, double the size commonly assumed. The revelation came after the Department of Justice tried to bolster its price fixing case against the company by asserting that "Apple forgot to focus on customers, that's why the iBookstore is a failure." Moerer responded that the online store has consistently held a 20 percent share since just after launching, adding that "sales grew 100 percent last year at the iBookstore and it had over 100 million customers." The government will continue trying to prove that Apple colluded with publishers like Macmillan and Harper Collins -- who settled out of court -- with testimony later today from Senior VP Eddy Cue.
