- nexa - server-nexa.polito.it

Fwd: [ NNSquad ] NSA, FBI, the American People, and Double Secret Probation
by J.C. DE MARTIN July 23, 2013

July 23, 2013

L'quilibrata riflessione di Lauren Weinstein su sorveglianza e dintorni. juan carlos -------- Original Message -------- Subject: [ NNSquad ] NSA, FBI, the American People, and Double Secret Probation Date: Mon, 22 Jul 2013 13:20:27 -0700 From: Lauren Weinstein <lauren(a)vortex.com> To: nnsquad(a)nnsquad.org NSA, FBI, the American People, and Double Secret Probation http://lauren.vortex.com/archive/001061.html Since the latest ramping up of concerns regarding the entire gamut of issues surrounding the surveillance activities of USA law enforcement and intelligence agencies (and by extension, similar activities conducted by the equivalent agencies in other countries), untold millions of words on these topics have been spoken and written, including some thousands of my own. And -- all over the world -- we can argue pretty much until the cows come home about what was legal, what wasn't legal, how much government leaders knew or should have known, and why members of the public paid so little attention to laws openly passed that specifically authorized such activities. Here in the USA, public observers of the PATRIOT and Homeland Security Acts should have been well aware of what FBI, NSA, and other agencies were being ordered to do by Congress -- despite current dissembling by some of those laws' authors. We warned of these programs at the time. And odds are, most or all of these activities will ultimately be declared legal by the courts. It can be argued that one clear benefit of Edward Snowden's leaks was to confirm in some detail (significantly diluted by various related wildly hyperbolic claims and erroneous interpretations) that such programs in one respect or another had actually been implemented and deployed. Yet this still doesn't get us to the heart of the matter, to the foundational questions we must ask ourselves no matter what our nationality and personal feelings about our own nation's intelligence operations. To really get there, we need to revisit a concept made famous in the classic film "Animal House" from 1978 -- "double secret probation." As the character of Dean Wormer explained -- freely paraphrased by yours truly -- double secret probation is essentially the condition of not even knowing that you are under suspicion, and that you are the subject of continuing investigation outside the normal context of traditional law enforcement activities. Of course, Wormer was talking about a rather freewheeling fraternity, not the American people in general. But the analogy still seems apt, and is at the heart of our dilemma regarding government surveillance. First, only an utter fool would argue that there is no need for any surveillance in any context, given the real world of terrorism, black market fissile materials, and all manner of other genuine threats. Secondly, stipulating that actual threats do exist is by no means to agree that every asserted threat being waved as an excuse for surveillance is genuine or not overstated, especially given the vast amounts of power and money deeply entangled with agencies' adversarial claims. And at the core of our attempts to harmonize these two realities is our friend double secret probation. For it is frequently not the existence of government surveillance per se that is so problematic, it is the deployment of such surveillance without the public being clearly and definitively aware that the surveillance is taking place, rendering us impotent to fulfill our oversight of government that makes all the difference between democracy and tyranny. Significantly, many of our government leaders have put themselves into the role of Dean Wormer -- and placed their entire citizenry on "double secret probation" -- not trusting the people to appropriately judge the actual threats or to accede to a level of surveillance activities that can be reasonably justified. It is precisely this attitude -- again even more so than the actual surveillance much of the time -- that is so unacceptable and insulting to us all. Once this attitude has taken hold, it tends to spread and permeate legislators and other government officials, who become convinced that only they are capable of making these decisions, that the people cannot be trusted to even know what's in their own best interests. So we see spectacles like major Internet firms begging for the right to even explain in broad terms what sorts of information demands are actually made of them by governments, and Kafkaesque legal arguments by agencies attempting to prevent the public from gaining any practical sense of the full extent to which telephone and Internet systems are under metadata and/or content-based observation and data collection. Some hardcore surveillance proponents argue that more transparency in these realms would compromise the efficacy of their information gathering efforts. And they may be correct, to one extent or another -- in various specific situations. But simply being "correct" in this context is not enough. In fact, all of government -- at least democratically oriented governments -- must ultimately be based on compromise (a fact apparently forgotten by many participants, to be sure), and this means that even surveillance based on seemingly laudable motives must take a back seat to the people who are supposed to be driving this bus -- the public itself. Appropriate transparency about surveillance doesn't mean revealing deep operational details, but it does require making sure that the public understands what is actually being done. If you want to collect our telephone calls, Internet, and other transactional metadata and/or content, then make your case -- we the people will make the decisions. We're the ones who pay your salaries. Your positions exist with our concurrence, not the other way around. We are, frankly, at least as intelligent as you are. And if the result of the transparency we demand is that you cannot achieve quite the level of all-encompassing surveillance of which you dream -- so be it. In the name of democracy, and here in the USA the Constitution and civil rights, you must come to terms with the fact that imperfection in surveillance is part and parcel with the fundamental precepts of our nation. So to law enforcement, intelligence agencies, and Congress -- discuss with us the kinds of surveillance you feel are genuinely needed. Treat the American people as your partners, not as your adversaries or village idiots. If your arguments are valid, we'll back you to the hilt. But we demand balance not banality, reasonable transparency not legal trickery. We're all in this together. And with all due respect, to use the vernacular -- please stop jerking us around. --Lauren-- Lauren Weinstein (lauren(a)vortex.com) http://www.vortex.com/lauren Co-Founder: People For Internet Responsibility: http://www.pfir.org/pfir-info Founder: - Network Neutrality Squad: http://www.nnsquad.org - PRIVACY Forum: http://www.vortex.com/privacy-info - Data Wisdom Explorers League: http://www.dwel.org - Global Coalition for Transparent Internet Performance: http://www.gctip.org Member: ACM Committee on Computers and Public Policy Lauren's Blog: http://lauren.vortex.com Google+: http://vortex.com/g+lauren / Twitter: http://vortex.com/t-lauren Tel: +1 (818) 225-2800 / Skype: vortex.com _______________________________________________ nnsquad mailing list http://lists.nnsquad.org/mailman/listinfo/nnsquad

1 0

la Giustizia Civile resiste alla digitalizzazione
by Simone Aliprandi July 22, 2013

July 22, 2013

La Giustizia Civile resiste alla digitalizzazione. Usciremo mai dal medioevo? L’Italia è quel paese in cui sono in vigore leggi totalmente obsolete e fuori dal tempo, che nessuno pensa ad abrogare; quando invece si fanno delle norme davvero innovative, queste restano solo sulla carta e vengono bellamente ignorate dai loro destinatari. E se i loro destinatari si chiamano giudici, cancellieri e avvocati (particolarmente abili e avvezzi a “giocare” con l'interpretazione delle norme), possiamo immaginare quanto sia ... Continua su: http://www.mysolutionpost.it/blogs/it-law/piana/2013/07/digitalizzazione-gi… un cordiale saluto. -- Simone Aliprandi - http://www.aliprandi.org

1 0

partners wanted for an open source development
by Laboratorio Eudemonia July 19, 2013

July 19, 2013

The Patchwork Model ---------------------------- partners wanted to develop an open source project for on line deliberation One of the wonders of life is that every person has, according to his present position and history, a vision of things different from any other. This diversity has always been considered a problem by the Power, which has always sought to override rather than to take advantage of this wealth of perceptions. Internet, however, is definitely upsetting the plans of the homologators, by providing everyone with all kinds of means to express themselves. Thanks to the Internet we can start to think we can build a base of harmony that benefit, rather than erase, of the different situation and sensitivity referred to every person. To this end, much remains to be done, the current systems of proposition, discussion and deliberation of laws/rules that are online being still lacking in the expression of the individual personalities. What is missing is a virtual place that makes communicate them without want to hastily reach an overpowering majority. "The Patchwork Model" is a system designed an impressive nine years ago that, because of its delicate approach to the opinion of every one, because of its ability to bring out the personal power, has been ignored by the thousand political cliques, lobbies and mafias and still it has not become an active service. Anyone, amateur or professional politician who get close to the telematic systems designed to make "democracy", looks after only to scrape up a majority that support his will, coming to invoke the zeroing of the quorum when the longed goat mass doesn't succeed to get space with its own horns. I come back then to propose the project hoping we can form a group for its open source development: http://www.hyperlinker.com/patchwork/index.htm Here I report the files of a little (working) part of the complete system: http://www.hyperlinker.com/patchwork/a&b_440718.rar that I wrote with an elementary PHP. I am not able to go on for my inadequacies. Therefore I launch now the ball to your ground. Danilo D'Antonio Abruzzo, Italy

1 0

Why the EU Commission true intent is to kill Net Neutrality
by Paolo Brini July 19, 2013

July 19, 2013

Themes: NET NEUTRALITY, NEELIE KROES, EUROPEAN COMMISSION, ANALYSE La Quadrature du Net – For immediate release Permanent link: <https://www.laquadrature.net/en/why-the-eu-commissions-true-intent-is-to-ki…> Why the EU Commission's True Intent is to Kill Net Neutrality *** Paris, 19 July 2013 — Since last week, after citizen groups started criticizing the EU Commission over its leaked draft regulation threatening to kill Net neutrality, Commissioner Neelie Kroes and her staff have tried to defend their proposal on Twitter, arguing that these criticisms were “misleading European citizens”. Here is a summary of what was said, not said, and how it reveals that these criticisms are absolutely right: https://www.laquadrature.net/en/why-the-eu-commissions-true-intent-is-to-ki… *** Ciao, Paolo

1 0

Dynamic Coalition on Network Neutrality
by Luca Belli July 18, 2013

July 18, 2013

Buongiorno, Per chi fosse interessato: Dear all, It is a great pleasure to announce you the creation of the Dynamic Coalition on Network Neutrality, under the auspices of the United Nations Internet Governance Forum. The purpose of this Dynamic Coalition is to provide a discussion arena aimed at scrutinising the various nuances of the network-neutrality debate so as to ultimately contribute to the elaboration of best practices, policies and regulations. To this end, an annual report will be produced to provide an overview on network neutrality tendencies, policies and draft legislations. Should you be interested in joining the DC or providing some material to be published on the DC website, please send an email to contact(a)networkneutrality.info Should you be interested in subscribing to the mailing-list of the DC, please follow the instructions here: http://mailman.edri.org/mailman/listinfo/nncoalition Lastly, please find attached (and below) the Call for Papers pertaining the first Annual Report of the DC that will be dedicated to relation between Network Neutrality and Human Rights. Feel free to share the call through your networks and, obviously, to submit a position paper. Many thanks and kind regards, Luca Luca Belli Doctorant en Droit PublicCERSA,Université Panthéon-AssasSorbonne University Background“Network neutrality” is an appealing and multifaceted expression which encompassesseveral areas and may give rise to misinterpretations. At its core, the notion of networkneutrality determines the extent to which Internet traffic management practices may beregarded as legitimate, insofar as they do not qualify as discriminatory practices and theyare consistent with the full enjoyment of human rights. Yet, throughout the last decade,this polysemous formula has acquired different meanings, invading the province oftelecommunications, content and security regulation.The network neutrality debate is gaining great political momentum. Indeed, manylegislators are currently scrutinizing the opportunity of elaborating and adoptinglegislation on network neutrality. While everyone agrees that end-users’ fundamentalrights have to be safeguarded, the question remains as to how this end could be achieved,and what are the consequences (if any) of network-management practices on such rights. CallThe Dynamic Coalition on Network Neutrality, created under the auspices of the UnitedNations Internet Governance Forum, invites researchers and practitioners to submit aposition paper on the issue of net neutrality and human rights. Position papers shouldprovide relevant background information together with one or more propositions on howto preserve fundamental human rights (such as the right to privacy or freedom ofexpression) on the Internet of tomorrow.Suggested topics include, inter alia:Implementation of the network neutrality principle:• How to approach network neutrality? Regulation or co-regulation?• Is fair competition a sufficient safeguard for fundamental rights?• Can current examples of network-neutrality legislation be deemed as efficient?• Is there a difference between “open Internet” and “neutral Internet”?Impact of network neutrality on human rights:• Analysis of network neutrality case-law: Current violations of the network neutralityprinciple and their impact on human rights• How to reconcile anti-network neutrality arguments with the protection of humanrights?• From gateways to gatekeepers: assessing the role of ISPs with regard to access toinformation.• Network neutrality and global access to the Internet: a “digital divide” issue• Digital democracy: the impact of network neutrality regulation on civic participation• Benefits and risks of Deep Packet Inspection as an Internet traffic managementtechniques NeutralityInternational trends and policy recommendations for the Internet of tomorrow Submission Guidelines:Submissions are due on September 15th, 2013. They should include the followingelements:- Title- Short abstract (250 words)- Position paper (between 3000 and 6000 words)- Author’s name, affiliation and short bibliographical noteSubmissions should be sent to contact(a)networkneutrality.info Authors will be notified within approximately two weeks from the deadline as to the statusof their contributions.

1 0

TNW: "With 8PB synced already, BitTorrent launches Sync beta with versioning, one-way syncing, and an Android app"
by J.C. DE MARTIN July 17, 2013

July 17, 2013

*With 8PB synced already, BitTorrent launches Sync beta with versioning, one-way syncing, and an Android app* by Emil Protalinski <http://thenextweb.com/author/emilprotalinski/> BitTorrent today announced the open beta release of its file synchronization tool Sync, and the debut of an Android app. You can download the latest version now for Windows, Mac, and Linux over at labs.bittorrent.com as well as for Android from Google Play. The biggest addition in the beta is an archive capability for retrieving previous versions of synced files. Called SyncArchive, the feature is basic versioning brought to the BitTorrent world: the tool now includes a folder where you can see (and search for) all previous versions of your files. BitTorrent says this was one of two most requested features from its alpha users. The other was mobile apps. In fact, we were expecting both when we wrote about the last alpha release, so neither is a big surprise. [...] Continua qui: http://thenextweb.com/apps/2013/07/17/with-8pb-synced-already-bittorrent-la…

1 0

Audizione di Bernabè alla Camera
by Stefano Quintarelli July 16, 2013

July 16, 2013

Se a qualcuno interessa, ho postato http://is.gd/j4yp3u il testo della audizione alla Camera di Bernabè -- my calendar: http://doodle.com/quinta http://blog.quintarelli.it

1 0

scorporo della rete telecom
by Stefano Quintarelli July 16, 2013

July 16, 2013

Se a qualcuno interessa, ho postato http://is.gd/LQRA1H il dossier dell'ufficio studi della camera sullo scorporo della rete telecom. -- my calendar: http://doodle.com/quinta http://blog.quintarelli.it

1 0

Re: [nexa] il valore probatorio di una pagina web
by Simone Aliprandi July 16, 2013

July 16, 2013

Chiedo scusa. L'URL è stato aggiornato. Ecco quello corretto: http://www.mysolutionpost.it/blogs/it-law/piana/valore-probatorio-pagina-we… Grazie a chi me l'ha segnalato. Un cordiale saluto. Il 15 luglio 2013 13:08, Simone Aliprandi <simone.aliprandi(a)gmail.com> ha scritto: > Sollevo una questione a mio avviso centrale per il diritto di internet > e che invece è lasciata troppo in secondo piano e quindi risulta poco > nota anche a chi è tenuto a conoscerla per operare correttamente nella > sua professione (avvocati, notai, giudici...): il valore probatorio di > una pagina web. > Quanti sono convinti che sia sufficiente fare una stampata o uno > screenshot di una pagina per averne una prova solida? > Alcune riflessioni sul tema in questo mio articolo: > http://www.mysolutionpost.it/blogs/it-law/piana/pagina-web-prova.aspx > Un cordiale saluto. > -- > Simone Aliprandi - http://www.aliprandi.org -- Simone Aliprandi - http://www.aliprandi.org

2 2

NSA Built Back Door In All Windows Software by 1999
by Marco Ciurcina July 15, 2013

July 15, 2013

http://www.washingtonsblog.com/2013/06/microsoft-programmed-in-nsa-backdoor- in-windows-by-1999.html sapete se questa notizia è affidabile? se lo è, chi sa indicarmi il fondamento normativo che permetteva l'adozione della backdoor nel 1999? m.c.

3 2