mrogers writes "The EFF has uncovered a troubling footnote in a newly declassified Bush Administration memo, which asserts that 'our Office recently [in 2001] concluded that the Fourth Amendment had no application to domestic military operations.' This could mean that the Administration believes the NSA's warrantless wiretapping and data mining programs are not governed by the Constitution, which would cast Administration claims that the programs did not violate the Fourth Amendment in a whole new light — after all, you can't violate a law that doesn't apply. The claimed immunity would also cover other DoD agencies, such as CIFA, which carry out offline surveillance of political groups within the United States."

Ian Lamont writes "Google is in the midst of a full-court privacy effort in Washington that involves pushing consumer privacy legislation in U.S. Congress, reaching out to privacy advocates in an effort to allay concerns about its acquisition of DoubleClick, and working with the U.S. Federal Trade Commission to 'fine-tune online advertising principles' that the agency proposed last year. Google has been under fire in Washington in recent years — the FTC investigated the Google/DoubleClick deal and the EFF has issued warnings over Google services in the past. Is Google being sincere about these issues, or is this effort mostly paying lip service to its 'do no evil' policy and an attempt to head off future clashes with policy makers?"

I Don't Believe in Imaginary Property writes "Novell's antitrust lawsuit against Microsoft for destroying the market for WordPerfect and QuattroPro can now move forward. The Supreme Court denied certiorari to Microsoft's appeal of an appeals court ruling, which is the fancy legal way of saying they ignored Microsoft's appeal and let the previous ruling stand. Novell's complaint is an interesting read, because some of this sounds quite familiar, given how Microsoft is now forcing the standardization of OOXML. Statements like, 'As Microsoft knew, a truly standard file format that was open to all ISVs would have enhanced competition in the market for word processing applications, because such a standard allows the exchange of text files between different word processing applications used by different customers,' and 'Microsoft made other inferior features de facto industry standards,' sound a lot more recent."

I don't believe in imaginary property writes "The flagship physics journal Physical Review Letters doesn't allow authors to submit material to Wikipedia, or blogs, that is derived from their published work. Recently, the journal withdrew their acceptance of two articles by Jonathan Oppenheim and co-authors because the authors had asked for a rights agreement compatible with Wikipedia and the Quantum Wikipedia. Currently, many scientists 'routinely do things which violate the transfer of copyright agreement of the journal.' Thirty-eight physicists have written to the journal requesting changes in their copyright policies, saying 'It is unreasonable and completely at odds with the practice in the field. Scientists want as broad an audience for their papers as possible.' The protest may be having an effect. The editor-in-chief of the APS journals says the society plans to review its copyright policy at a meeting in May. 'A group of excellent scientists has asked us to consider revising our copyright, and we take them seriously,' he says."

I Don't Believe in Imaginary Property writes "The judge in the Wikileaks case has dissolved the injunction against Wikileaks, which means that it can get its .org domain back. He defended his prior ruling because it was based on the pittance of information the bank and registrar had provided him, saying 'This is a case in which we had a (dispute) with named parties, and the parties were duly served. One of which properly responded and came to this court with a proposed settlement in this lawsuit... Nobody filed any timely responses to the court's order.'"

I Don't Believe in Imaginary Property writes "It seems that SCO is never without a trick up its sleeve. In the new '$100 million' reorganization plan, $5 million of which is cash and $95 million credit, one of the creditors is protesting because SCO is hiding the Definitive Documents until there's no time to object. In their own words, 'The debtors are proposing to file the Disclosure Statement 33 days before the hearing, in compliance with the requirement that it be filed at least 25 days before the hearing (F. R. Bankr. P. 3017). However, it is clear that this Disclosure Statement will be inadequate for evaluating the Plan, because it will not include any of the Definitive Documents. The Debtors are proposing to file the Definitive Documents separately, and to do so a mere five business days before the hearing, which is zero days before objections are due.'"

I Don't Believe in Imaginary Property writes "The European Parliament just passed a proposal to treat internet censorship as a trade barrier, in particular the 'Great Firewall of China.' If passed by the European Council, the issue would be raised in trade negotiations and could lead to economic sanctions and trade restrictions for those countries unwilling to remove oppressive Net censorship." We have discussed some of the ways in which the EU, and its member countries, engage in their own brand of censorship.

I Don't Believe in Imaginary Property writes "Scientist Charles Bauschlicher and his research team have found a new way to look for 'diamonds in the sky'. It may not be romantic, but diamonds shine especially brightly in the 3.4 to 3.5 micron and 6 to 10 micron infrared ranges, which should make NASA's Spitzer Space Telescope the perfect tool to see them with. Though less common and more monopolized on earth, diamonds are surprisingly common in outer space and the nanometer-sized bits comprise 3% of all the carbon found in meteorites. That means that if meteorite composition is representative of interstellar dust, that dust would contain about 10 quadrillion (1 * 10^16) nanodiamonds per gram."

netbuzz writes "The Electronic Frontier Foundation wants to know all there is to know about contacts between Google and a Justice Department official involved in a highly charged 2006 government-snooping dispute that ensnared the search giant. That DoJ official, Jane Horvath, was subsequently hired by Google last year as senior privacy counsel. The DoJ has refused for six months to release public information about the matter being requested by EFF."

souls writes "Seems like the forces to protect freedom-of-speech in the groundsetting Wikileaks.org case have spoken: Henry Weinstein at LA Times reports that a coalition of media and public interest organizations today urged judge Jeffrey White to rescind the shutdown of Wikileaks.org, which presents 'restraint on free speech that violated the First Amendment,' and is generally considered to become a representative case for free online speech. The dirty dozen organizations fighting for your voice and mine include the EFF, the ACLU, The Times, AP, Gannett, Hearst, the Reporters Committee for Freedom of the Press, and the Society of Professional Journalists. Lets hope that is enough muscle to stop a judge running wild in favor of a bunch of offshore bankers! Meanwhile wikileaks is still going strong via all available other domains, and is currently organizing support and donations."

I Don't Believe in Imaginary Property writes "Websense is reporting that Gmail's CAPTCHA has been broken, and that bots are beginning to sign up with a one in five success rate. More interestingly, they have a lot of technical details about how the botnet members coordinate with two different computers during the process. They believe that the second host is either trying to learn to crack the CAPTCHA or that it's a quality check of some sort. Curiously, the bots pretend to read the help information while breaking the CAPTCHA, probably to prevent Google from giving them a timeout message."

I Don't Believe in Imaginary Property writes "Microsoft is now saying that Vista SP1 disables some 3rd party applications. The KB article on SP1 incompatibility states: 'For reliability reasons, Microsoft blocks these programs from starting after you install Windows Vista SP1.' It does link to several vendor support pages with updates or workarounds. Unfortunately, at least one of the suggestions consists of merely disabling part of the program, which could leave you with half an anti-virus solution."

I Don't Believe in Imaginary Property writes "Groklaw has examined that 'new leaf' Microsoft turned the other day. PJ has a lengthy analysis of Microsoft's latest promises. To make a long story short, the promises are more of the same stuff and don't help anyone but Microsoft. They only protect 'noncommercial' development and are set up to create a patented standards toll road so that Microsoft can charge competitors to compete. As PJ puts it, 'This is a promise to remain incompatible with the GPL, as far as I can make out.'"

bowser100 writes "The EFF has named their 2008 Pioneer Award winners, picking three people very familiar to this community — Mitchell Baker and the Mozilla Foundation, Canadian law professor Michael Geist, and AT&T whistleblower Mark Klein."

jcrouthamel writes "Contrary to popular assumption, DRAMs used in most modern computers retain their contents for seconds to minutes after power is lost, even at operating temperatures and even if removed from a motherboard. Although DRAMs become less reliable when they are not refreshed, they are not immediately erased, and their contents persist sufficiently for malicious (or forensic) acquisition of usable full-system memory images. We show that this phenomenon limits the ability of an operating system to protect cryptographic key material from an attacker with physical access. We use cold reboots to mount attacks on popular disk encryption systems — BitLocker, FileVault, dm-crypt, and TrueCrypt — using no special devices or materials. We experimentally characterize the extent and predictability of memory remanence and report that remanence times can be increased dramatically with simple techniques. We offer new algorithms for finding cryptographic keys in memory images and for correcting errors caused by bit decay. Though we discuss several strategies for partially mitigating these risks, we know of no simple remedy that would eliminate them."

I Don't Believe in Imaginary Property writes "The US Supreme Court refused without comment the ACLU's appeal of a lower court ruling that prevented them from suing over the government's warrantless TSP program. The problem was a Catch-22: they lack legal 'standing' to sue over it because they can't prove that they were suspected terrorists, but neither can they find out who was actually suspected, because this is a matter of national security." Update: 02/20 00:17 GMT by KD : Removed an incorrect statement after a reader pointed out that, with the expiration of the Protect America Act this weekend, foreign surveillance will revert to oversight by the FISA court.

Thomas Nybergh lets us know about the secret list maintained by the Finnish National Bureau of Investigation, containing an estimated 1,700 foreign "child pornography'" sites. These are mostly in the US and the EU, and certainly not all of them contain child porn or even links to it. Finnish ISPs are required by law to block access to sites on the list, according to The Register. Finland's EFF has information about the block list, which reportedly includes a musical instrument store, a doll store, and a site of Windows tips in Thai. Recently added to the list — which by law should contain only child pornography sites — is the text-only site of a Finnish free-speech advocate who criticizes the censorship law. Evading the ISPs' block is trivial, of course.

AmishElvis writes "The New York Times reports that 'glitch' gave the F.B.I. access to the e-mail messages from an entire computer network. A hundred or more accounts may have been accessed, rather than 'the lone e-mail address' that was approved by a secret intelligence court as part of a national security investigation. The episode was disclosed as part of a new batch of internal documents that the F.B.I. turned over to the Electronic Frontier Foundation, as part of a Freedom of Information Act lawsuit the group has brought."

I Don't Believe in Imaginary Property writes "AT&T and Verizon will be shutting down their old, analog AMPS networks next Monday, and AT&T will also turn off its old TDMA network, with smaller providers expected to follow thanks to a sunset date set by the FCC. After these old networks are shut down, the networks will be all digital. Of course, if you have one of those old fashioned 'just a phone' cellphones and it happens to be analog, you'd best enjoy the last few days before it becomes useless."

I Don't Believe in Imaginary Property writes "In response to a query from a member of the EU Parliament, an EU commissioner issued an official statement (.DOC) saying that, while they do not violate any laws, secret printer tracking dot codes may violate the human right to privacy guaranteed by the EU's Convention of Human Rights and Fundamental Freedoms. If you don't remember what these are, Slashdot has discussed the issue before. In short, most color printers print small yellow dots on every sheet in a code that identifies the printer and, potentially, its owner. The EFF is running an awareness campaign, and a couple of years back made a start on deciphering the yellow dot code."