Plus some corporate shenanigans and much, much more.
We begin with the story de jour via The Guardian:
NSA mass collection of phone data is legal, federal judge rules
Dragnet program deemed ‘controversial but lawful’
Lawsuit brought by ACLU dismissed
A legal battle over the scope of US government surveillance took a turn in favour of the National Security Agency on Friday with a court opinion declaring that bulk collection of telephone data does not violate the constitution.
The judgement, in a case brought before a district court in New York by the American Civil Liberties Union, directly contradicts the result of a similar challenge in a Washington court last week which ruled the NSA’s bulk collection program was likely to prove unconstitutional and was “almost Orwellian” in scale.
The Wire sounds the theme:
A Federal Judge Uses Every Known NSA Defense in Defense of the NSA
In the first bit of good news for the National Security Agency in some time, Judge William Pauley of the Federal District Court of Southern New York determined that the bulk collection of phone metadata is lawful. And in so doing, reiterated every conceivable argument put forward by NSA defenders.
The Register finds a wish list item:
Snowden leak journo leaks next leak: NSA, GCHQ dying to snoop on your gadgets mid-flight
Greenwald blasts US, UK during hacker confab speech
Deutsche Welle notes a phenomenon:
NSA surveillance eroded transatlantic trust
One year ago, most people on either side of Atlantic had scant or no knowledge of the NSA and its activities. Edward Snowden’s revelations changed all that and rocked one of the pillars of transatlantic relations.
The surveillance of Merkel’s phone was a game changer in Europe as well as the US. It forced both the White House and Congress to acknowledge that the practices of US intelligence needed closer inspection. It also drove Chancellor Merkel, Europe’s most important leader, to publicly take a tougher stance vis-à-vis Washington. Most importantly, it undermined one of the central pillars of the transatlantic relations: trust.
India joins the Orwell club, via the Economic Times:
Prepare yourself to be snooped in the interest of national security
You might as well settle down to the grim thought of every call on your cellphone or landline being tapped in the near future in the interest of national security. The same would also hold true for all forms of personal communication on the internet.
The telecom department (DoT) plans to introduce a new clause, Section 419B, in the Indian Telegraph Rules of 1951, to enable early implementation of the much discussed Centralised Monitoring System (CMS) – a new automated surveillance system that will be geared to track all kinds of private communication over landline, mobile, satellite, internet and even voice over internet protocol ( VoIP) calls.
The proposed Section 419B will pave the way for “designated officers of the Telegraph Authority to collect, store and analyse any message-related information for the purpose of enforcing licence conditions, investigation or pro-active action with regard to security of the network or the state”, says an internal DoT note seen by ET.
Francophone taps from PCWorld:
French authorities requested 6,145 phone and data taps in 2012
French government and police officials requested 6,145 phone and data taps in 2012, fewer than in 2011, according to figures released by the French National Commission for the Control of Security Interceptions (CNCIS) earlier this week.
The CNCIS acts as a check on wiretap authorizations by the Prime Minister’s office, which receives requests for connection data and for targeted interception of voice and data communications from law enforcement or security services.
It rejected 50 of the 6,145 interceptions requested in 2012, having rejected 55 of the 6,396 requests the previous year. It also ordered the termination of 52 ongoing interceptions.
The Guardian displays common sense:
Internet privacy as important as human rights, says UN’s Navi Pillay
Navi Pillay compares uproar over mass surveillance to response that helped defeat apartheid during Today programme
The UN human rights chief, Navi Pillay, has compared the uproar in the international community caused by revelations of mass surveillance with the collective response that helped bring down the apartheid regime in South Africa.
Pillay, the first non-white woman to serve as a high-court judge in South Africa, made the comments in an interview with Sir Tim Berners-Lee on a special edition of BBC Radio 4′s Today programme, which the inventor of the world wide web was guest editing.
DutchNews.nl keep track on the latest from the Netherlands:
Police, justice officials use public transport smart card info
TLS, the company which operates the public transport smart card ov-chipkaart, has confirmed it releases confidential information about users ‘several times a week’ to the police, the Telegraaf said on Friday.
The information is released in connection with missing persons and criminal investigations, the paper said. TLS keeps the information about people’s movements for a year.
The Independent threatens press freedom [such as it is]:
Press regulation: David Cameron warns newspapers to sign up to Royal Charter passed by Parliament
Having remained silent last month when Culture Secretary Maria Miller said that politicians had done all they could to induce the press into joining a charter-based form of regulation, David Cameron has now warned Britain’s newspapers that they should sign up urgently to the Royal Charter passed by Parliament earlier this year.
Playing a “good cop” PM, Mr Cameron said “a less liberal, enlightened government in the future” might play hard ball and enforce legislation. Translation? Do a deal with the Tories or Labour will bring out the big stick.
Curiously, however, Mr Cameron’s veiled threat only emerged today, despite being issued in an interview he gave before Christmas.
The Guardian omits:
Bletchley Park accused of airbrushing Edward Snowden from history
NSA whistleblower omitted from new exhibition on cyber security as museum says it does not want to be seen to back his actions
MPs have accused Bletchley Park, the wartime predecessor of GCHQ, of trying to airbrush history after it said it would ignore the whistleblower Edward Snowden’s revelations about mass surveillance by the security services in its museum’s new gallery on cyber security.
The MPs are urging the museum to explore the implications of mass surveillance, but it says it is reluctant to do so, despite planning a huge new installation devoted to the subject of cyber security, for fear that it “might imply it approves of Snowden’s actions”.
And on to our coverage of headlines from Asia, where security is in scarce supply, first with this from the Asahi Shimbun:
Freedom of navigation pits Japan, U.S. against China
With Japan and the United States in one corner, and China in the other, the issue of freedom of navigation is taking center stage as China’s growing maritime presence continues to set off alarm bells.
While Japan and the United States differ slightly in their interpretation of the issue, they are adamant that China must tow the line in what essentially boils down to international law.
The Japan Times returns:
South Korea to return ammunition provided by Japan
The South Korean Defense Ministry said Friday that ammunition provided by Japan via the United Nations to South Korean troops taking part in a U.N. peacekeeping mission in strife-torn South Sudan will soon be sent back.
The announcement followed criticism of the South Korean government domestically for its decision earlier this week to borrow 10,000 rounds of ammunition from Japan for the peacekeepers in the event its troops come under fire in the African nation.
And Kyodo News sets off the latest crisis:
Abe visits Yasukuni Shrine, 1st PM to do so in 7 years
Prime Minister Shinzo Abe visited the war-linked Yasukuni Shrine in Tokyo on Thursday, the first premier to do so in seven years, triggering criticism not only from China and South Korea, which suffered Japan’s past militarism, but also its main ally, the United States.
“I expressed my sincere condolences, paid my respects and prayed for the souls of all those who made ultimate sacrifices,” Abe told reporters after visiting the Shinto shrine, which honors Japanese leaders convicted as war criminals along with millions of war dead.
Abe became the first Japanese prime minister to visit the shrine since Junichiro Koizumi in 2006. The latest visit came as Abe marked the first anniversary of his government’s launch.
After the jump, global denunciation of the Abe visit, snooping software, military-style assault in California, drones, pirates, the endangered press, boiok bannings, and corporate madness. . .
Channel NewsAsia Singapore with one response:
China must retaliate for Japan PM shrine visit: media
China’s state media on Friday urged “excessive” counter-measures after Japanese Prime Minister Shinzo Abe’s inflammatory war shrine visit, as analysts warned against the dangers of provoking regional resentments.
The Asahi Shimbun responds:
Abe visits Yasukuni, says no offense intended
Prime Minister Shinzo Abe visited Tokyo’s controversial Yasukuni Shrine on Dec. 26, triggering protests from China and South Korea.
Acknowledging the likely political and diplomatic fallout from such a visit, Abe said, “(To the war dead,) I explained my administration’s efforts over the past year and conveyed my determination to never repeat the agony of people becoming embroiled in war.”
Abe also said, “I had no intention to hurt the feelings of the Chinese and South Korean people,” adding, “The idea such visits are made to revere war criminals is a false perception.”
The Mainichi backgrounds:
Abe’s Yasukuni visit reflects conservatives’ top priorities
Prime Minister Shinzo Abe marked the first anniversary of his administration by visiting Yasukuni Shrine in Tokyo on Dec. 26.
Although some officials within his government were worried about the diplomatic repercussions, Abe carefully watched for an opportunity to live up to the expectations of conservatives who were the driving force behind his comeback as prime minister a year ago.
Jiji Press disapproves:
U.S. Expresses Disappointment at Abe’s Yasukuni Visit
The United States expressed disappointment at Japanese Prime Minister Shinzo Abe’s visit to Yasukuni Shrine on Thursday.
“The United States is disappointed that Japan’s leadership has taken an action that will exacerbate tensions with Japan’s neighbors,” the U.S. embassy in Tokyo said in a statement.
“The United States hopes that both Japan and its neighbors will find constructive ways to deal with sensitive issues from the past, to improve their relations, and to promote cooperation in advancing our shared goals of regional peace and stability,” it said.
Kyodo News adds to China’s earlier declaration:
China slams Abe’s visit to war-linked Yasukuni Shrine
China on Thursday roundly condemned Japanese Prime Minister Shinzo Abe for visiting the war-linked Yasukuni Shrine in Tokyo, saying it “tramples on the sentiment” of Asian countries.
Foreign Minister Wang Yi, who summoned Japanese Ambassador Masato Kitera to lodge a “strong protest,” warned that Abe’s actions are “going against the tide of history” and “taking Japan into a very dangerous direction,” according to his ministry.
The China Post hears from another voice:
Taiwan expresses its ‘regret’ at Japan PM’s Yasukuni visit: MOFA
Taiwan expressed “regret” over the visit of Japanese Prime Minister Shinzo Abe to a controversial shrine honoring Japanese soldiers who perished in World War II, the Ministry of Foreign Affairs (MOFA) said yesterday.
Foreign Minister David Lin said the Taiwanese government is “extremely regretful” and cannot accept the move made by the Japanese prime minister, who visited Yasukuni Shrine yesterday morning.
The visit “hurts the feelings of people in neighboring countries as well as Japan’s ties with those countries,” the minister said.
Jiji Press adds another:
S. Korea Condemns Abe’s Yasukuni Visit
The South Korean government condemned Japanese Prime Minister Shinzo Abe’s visit to controversial Yasukuni Shrine in Tokyo on Thursday.
In a statement issued the same day by culture minister Yoo Jin Ryong, who serves as spokesman for the South Korean cabinet, the government said it “cannot help but deplore and feel anger” over the Yasukuni visit by the Japanese leader.
Abe made the visit “despite continued concerns and warnings by neighboring countries and the international community,” the statement said, adding that the visit “glorifies Japan’s history of colonial rule and war of aggression.”
Jiji Press offers a sidebar:
S. Korea Hopes to Take Advantage of Abe’s “Own Goal”: Media
South Korea regards Japanese Prime Minister Shinzo Abe’s visit to Yasukuni Shrine as a diplomatic version of an “own goal” and aims to take advantage of it, local media reports have said.
On Thursday, South Korea held a meeting of key cabinet members to discuss how to respond to Abe’s visit to the war-linked Tokyo shrine that day, which has drawn protests from China and South Korea and critical comments from other countries.
The meeting participants agreed that instead of reacting emotionally, South Korea should take the opportunity to gain support more widely from the international community for its criticism of Japan’s views on history, according to the South Korean daily Dong-A Ilbo.
Wang urged Japan to learn from its past history of military aggression.
Kyodo News beclouds:
Shrine visit won’t alter Japan’s stance on history, diplomacy: Suga
Japan will make clear that there has been no change in its perception of history and diplomatic stance, the top government spokesman said Friday, after Prime Minister Shinzo Abe’s abrupt visit to war-linked Yasukuni Shrine the previous day drew rebukes from Asian neighbors.
“As the prime minister said, the visit was aimed at making a pledge not to wage war again with a determination to build an era free of the suffering caused by the devastation of war,” Chief Cabinet Secretary Yoshihide Suga said at a press conference.
The Mainichi decrees:
PM visits to Yasukuni Shrine unconstitutional, say past court rulings
Prime ministerial visits to Yasukuni shrine such as the one by Prime Minister Shinzo Abe on Dec. 26 violate the Constitution’s principle of separation of state and religion, according to past court rulings.
In past lawsuits where bereaved families of the war dead sued the government and the prime minister, arguing that prime ministerial visits to the controversial shrine in Tokyo’s Chiyoda Ward inflicted emotional distress, district and high courts have ruled that such visits are “unconstitutional.”
There is a group currently considering filing suit over Abe’s Yasukuni visit, which sparked broad domestic and international reactions.
And Jiji Press cools it:
China Apparently Stopping Anti-Japanese Protests
The Chinese government seemed to be trying to stop anti-Japanese protests from flaring up on Friday.
In response to Japanese Prime Minister Shinzo Abe’s visit to war-linked Yasukuni Shrine on Thursday, a group of Chinese activists announced on the Weibo microblog Web site a plan to hold a rally in front of the Japanese embassy in Beijing.
But no such event took place, embassy officials said, adding that no signs of anti-Japanese protests were seen in areas near other Japanese diplomatic establishments in China.
People’s Daily affirms:
Defense Ministry: China effectively monitors ADIZ in East China Sea
China has closely monitored aircraft in the East China Sea Air Defense Identification Zone (ADIZ) since it was established in November, a Chinese defense ministry spokesman said on Thursday.
Spokesman Geng Yansheng said at the ministry’s regular press briefing that China had controlled the flight activity of 800 foreign war planes that entered the area between Nov. 23, when the ADIZ was established, and Dec. 22.
The Asahi Shimbun beefs up:
Japan bolstering capabilities to defend Senkaku Islands
The Abe administration will shore up its defense capabilities for the disputed Senkaku Islands in the East China Sea under the fiscal 2014 budget that will include major expenditures for amphibious vehicles and increases in Japan Coast Guard personnel and patrol boats.
Since Japan placed the Senkakus under national ownership in September 2012, Chinese ships have routinely intruded into Japanese territorial waters around the islands, heightening tensions between the nations. China also claims the islands, which it calls the Diaoyu Islands.
In response, the Defense Ministry is aiming to establish an amphibious assault unit, such as possessed by the U.S. Marine Corps, that can allow the Self-Defense Forces to land on and retake captured islands. As part of the mission, the government will set up a preparatory force for test operations in fiscal 2014.
The Asahi Shimbun snares:
Free Chinese software secretly transmitting Japanese users’ data
Free online software provided by China’s Baidu search engine has been covertly sending almost all information inputted in Japanese to Baidu Inc.’s servers, according to a computer security company.
According to Takayuki Sugiura, president of NetAgent, when individuals use the Baidu IME software, information entered in full-width characters, kanji converted from hiragana, computer ID numbers and information on e-mail programs and word-processing programs being used, are automatically sent to Baidu Inc.’s servers in Japan.
Want China Times denies, sort of:
Baidu denies its Japanese input system abuses user information
Chinese search engine Baidu has refuted Japanese media reports that suggests its Japanese input software makes use of information sent about all of its users to its servers, according to China’s Global Times and Japan’s Asahi Shimbun.
Asahi Shimbun reported the input software Baidu IME sent all user information to the Chinese company’s server in Japan, citing Takayuki Sugiura, president of NetAgent, who added that the information includes full-width characters, kanji converted from hiragana, the computer’s IP and the content users typed in emails and word-processing programs.
Foreign Policy frightens:
‘Military-Style’ Raid on California Power Station Spooks U.S.
When U.S. officials warn about “attacks” on electric power facilities these days, the first thing that comes to mind is probably a computer hacker trying to shut the lights off in a city with malware. But a more traditional attack on a power station in California has U.S. officials puzzled and worried about the physical security of the the electrical grid–from attackers who come in with guns blazing.
Around 1:00 AM on April 16, at least one individual (possibly two) entered two different manholes at the PG&E Metcalf power substation, southeast of San Jose, and cut fiber cables in the area around the substation. That knocked out some local 911 services, landline service to the substation, and cell phone service in the area, a senior U.S. intelligence official told Foreign Policy. The intruder(s) then fired more than 100 rounds from what two officials described as a high-powered rifle at several transformers in the facility. Ten transformers were damaged in one area of the facility, and three transformer banks — or groups of transformers — were hit in another, according to a PG&E spokesman.
Cooling oil then leaked from a transformer bank, causing the transformers to overheat and shut down. State regulators urged customers in the area to conserve energy over the following days, but there was no long-term damage reported at the facility and there were no major power outages. There were no injuries reported. That was the good news. The bad news is that officials don’t know who the shooter(s) were, and most importantly, whether further attacks are planned.
RT condemns:
Fatal error in ‘wedding party’ drone strike prompts UN condemnation
UN human rights experts have called on the US and Yemen for transparency and accountability over the use of drones, particularly in view of a recent operation, when a wedding procession was mistakenly attacked.
Special Rapporteurs, appointed by the Geneva-based UN Human Rights Council (UNHRC), have asked the US and Yemen to reveal if they were responsible for the December-12 air strike. 16 civilians were killed and at least 10 injured in central al-Bayda province, according to local officials. The victims belonged to two separate wedding processions and were presumably erroneously taken for an Al-Qaeda convoy. Local media then reported that a drone attack was to blame for the tragedy.
If that was the case, the UN experts demand transparency over what targeting standards were used in the operation, what the death toll exactly was and whether families of the killed are going to receive compensation.
The Guardian prepares to take flight:
US states await key drones decision – and the billions that could follow
Six states will be chosen to host drone test sites
Oklahoma is one of 24 states in the running
The Raptr hovers stubbornly at an altitude of about 100 feet despite a lashing Oklahoma wind, its 73-inch rotor blades whirring like a swarm of buzzing bees. Then handler Curtis Sprague disconnects the remote device that he is using to control the mini-helicopter, leaving the pilotless aircraft to move entirely under its own steam – a flying robot let loose in the clear blue sky. The unmanned plane does a pirouette, then flies back to the spot from which it was launched. It lowers itself slowly to the runway, landing with a slight shudder before switching itself off.
Equipped with a military-grade autopilot that can make up to 500 flight corrections per second even as it carries out fully-autonomous surveillance of an area with a 10-mile radius, the Raptr is one of a new generation of drones now poised to burst onto the civilian scene. The helicopter’s ability to transmit real-time video and thermal imaging over a wide area has already attracted interest from as far afield as South Africa, where game keepers want to use it to thwart rhino poachers. (Drones are also being eyed as a means of carrying snake antivenom to the Australian outback.)
The Guardian appeals:
Journalist accused of defaming navy appeals to Thai state governor
Australian journalist Alan Morison faces up to seven years’ jail if convicted over story on trafficking of Rohingya refugees
The charges followed publication in July of a news story by the Reuters news agency of an investigation into allegations of the Royal Thai Navy’s personal involvement in the trafficking of Burma Rohingya refugees whose vessels sail into Thai waters on their way to Malaysia.
From RT, ya’ar, matey:
Torrent temptation: EU Parliament, Vatican, Hollywood download pirated content
Despite global efforts to curb copyright infringement, the temptation to use BitTorrent sites to download free movies and TV shows is too strong for employees in the EU Parliament, the Vatican, the US House of Representatives, and some Hollywood studios.
The new information was revealed by TorrentFreak, which used a tracking outfit called ScanEye to identify those illegally downloading files in some rather surprising places.
From AllGov, willful ignorance:
53% Increase in Books Banned by U.S. Schools
Book banning went up significantly in American schools during 2013, causing an anti-censorship group to fight multiple battles across the country.
The Kids’ Right to Read Project (KRRP), part of the National Coalition Against Censorship, says attempts to remove books from classrooms and libraries went up 53% this year, based on 49 attempts in 29 states.
The second half of 2013 was particularly busy with 31 incidents. The same period during 2012 only witnessed 14 attempts to ban books.
And from Techdirt, our final item:
YouTube’s Merry Christmas: Letting Large Music Publishers Steal Money From Guy Singing Public Domain Christmas Carol
from the contentid-is-broken dept
Yet another in our ongoing series of stories concerning YouTube’s broken ContentID system. While the company has still mostly remained mute over its recent policy change, which resulted in a ton of bogus ContentID claims, an even worse problem is that ContentID does serious harm to fair use and public domain videos. The latest example of this comes from Adam Manley, who recently posted a nice video about the month of December and how awesome it is. The second half of the video has him singing the famous song “Silent Night.”
“Silent Night” was composed in 1818. It is, without question, in the public domain. There is no question about this at all. Adam’s rendition of the song is him singing it alone (so not using anyone else’s recording). There is simply no question at all that what he did does not violate anyone’s copyright. At all.
So, what happened? YouTube’s ContentID told him that he received not one, not two, but three separate copyright claims on the video, from three of the largest music publishers in the world — basically all of the publishing arms of the major labels. Actually, it’s worse than that. Because when he first published the video, he got a notice that ContentID had found a hit from “one or more music publishing rights societies.” Adam disputed it, pointing out that the work was in the public domain, and YouTube “acknowledged and dropped” the claim. The very next day, however, he got hit again, with completely bogus claims from BMG, Warner Chappell and UMPG Publishing (Universal Music’s publishing arm).
