Tag: z.techdirt

Lawmakers in the Alabama state legislature have voted for a bill that would require parental controls and NSFW content filters to be enabled on every phone and tablet sold in the state. House Bill (HB) 298, or the Protection of Minors from Unfiltered Devices Act, cleared the state House with an overwhelming 70-8 vote, with two dozen members abstaining from…

For a brief moment of time, a judge in Arizona conspired with a vindictive politician to pretend the First Amendment didn’t exist. Senator Wendy Rogers — who was censured by the state senate last year for stating her political opponents should be hanged — took litigious offense at the methods deployed by journalist Camryn Sanchez, who covers the state senate…

Most of us wouldn’t argue that private companies can’t run their businesses the way they prefer. The gold standard has been the right to refuse service to anyone — something that covers everything from refusing paper checks from certain customers to booting people off social media services for refusing to stop behaving like inveterate assholes. When private companies do things,…

  It turns out that if you fire basically all of the competent trust & safety people at your website, you end up with a site that is neither trustworthy, nor safe. We’ve spent months covering ways in which you cannot trust anything from Twitter or Elon Musk, and there have been some indications of real safety problems on the…

E2EE is a widely used technology that protects everyone’s privacy and security by encoding the contents of digital communications and files so that they’re decipherable only by the sender and intended recipients. Not even the provider of the E2EE service can read or hear its users’ conversations. E2EE is built in by default to popular apps such as WhatsApp, iMessage, FaceTime, and Signal, thereby securing billions of people’s messages and calls for free. Default E2EE is also set to expand to Meta’s Messenger app and Instagram direct messages later this year. 

E2EE’s growing ubiquity seems like a clear win for personal privacy, security, and safety, as well as national security and the economy. And yet E2EE’s popularity has its critics – including, unfortunately, Sen. Durbin. Because it’s harder for providers and law enforcement to detect malicious activity in encrypted environments than unencrypted ones (albeit not impossible, as I’ll discuss), law enforcement officials and lawmakers often demonize E2EE. But E2EE is a vital protection against crime and abuse, because it helps to protect people (children included) from the harms that happen when their personal information and private conversations fall into the wrong hands: data breaches, hacking, cybercrime, snooping by hostile foreign governments, stalkers and domestic abusers, and so on.

That’s why it’s so important that national policy promote rather than dissuade the use of E2EE – and why it’s so disappointing that STOP CSAM has turned out to be just the opposite: yet another misguided effort by lawmakers in the name of online safety that would only make us all less safe. 

First, STOP CSAM’s new criminal and civil liability provisions could be used to hold E2EE services liable for CSAM and other child sex offenses that happen in encrypted environments. Second, the reporting requirements look like a sneaky attempt to tee up future legislation to ban E2EE outright.

Senator Brian Schatz is one of the more thoughtful Senators we have, and he and his staff have actually spent time talking to lots of experts in trying to craft bills regarding the internet. Unfortunately, it still seems like he still falls under the seductive sway of this or that moral panic, so when the bills actually come out, they’re…

Two decades of misconduct records will be now trickling out of the NYSP’s hands. One assumes it will be a very slow drip, one perhaps interrupted by last-minute admissions the NYSP has, say, destroyed records it was required to retain. A lot can happen over twenty years, but hopefully it won’t take twenty years for records requesters to obtain what they’re entitled to possess.

The Superior Court (basically the first level of state courts in New York) decision [PDF] is short and sweet. It not only directs the NYSP to comply with the law, but draws some other helpful legal conclusions along the way, like this one, which says cop shops can’t withhold information about officers who were investigated for misconduct, but later cleared of wrongdoing.

It is clear that the mere fact that the complaint was determined to be unsubstantiated does not categorically exempt the records from disclosure.

  Ah, remember Parler? They were the first of the “alternative” social media companies targeting the Trumpist crowd, in which I pointed out that their whole “we don’t moderate” schtick wasn’t going to work. The company speed ran the content moderation learning curve faster than most. But even from the beginning, the Trumpists who joined admitted it was just no…

So, we’re just handing out top secret security clearance to everyone, I guess. It was clear from the documents posted to Discord (before spreading everywhere), the person behind them would soon be located.

The folded security briefings were obviously smuggled out of secure rooms in someone’s pocket and then photographed carelessly, in one case on top of a hunting magazine. I mean, that narrows it down to people who still buy stuff printed on physical media, a number that shrinks exponentially by the day.

On top of that, the entry level for the leaked info — much of it related to the current invasion of Ukraine by Russia — was Discord, which no one has considered to be the equivalent of Signal or any other secure site for the dissemination of sensitive material.

It doesn’t look like Fox News is going to get away with badmouthing Dominion Voting Systems for weeks following Donald Trump’s unsurprising loss in the 2020 election. Evidence already handed over to Dominion in its libel lawsuit shows many Fox News executives — as well as anchors and commentators — were aware the claims were false but chose to give…

Various treaties and multi-national proposals to combat cybercrime have been around for years. I’m not exaggerating. These have been floating around for more than a decade. (Do you want to feel old? This cybercrime treaty proposal would be old enough to legally obtain a social media account in the United States if it were still viable.)

The UN has been pushing its own version. But its idea of “crime” seems off-base, especially when it’s dealing with a conglomerate of countries with varying free speech protections. The “Cybercrime Treaty” proposed by the UN focuses on things many would consider ugly, distasteful, abhorrent, or even enraging. But it’s not things most people consider to be the sort of “crimes” a unified world front should be addressing — not when there’s plenty of financially or personally damaging cybercrime being performed on the regular.

In a preliminary victory in the continuing fight against privacy-invasive software that “watches” students taking tests remotely, a French administrative court outside Paris suspended a university’s use of the e-proctoring platform TestWe, which monitors students through facial recognition and algorithmic analysis.

TestWe software, much like Proctorio, Examsoft, and other proctoring apps we’ve called out for intrusive monitoring of exam takers, constantly tracks students’ eye movements and their surroundings using video and sound analysis. The court in Montreuil, France, ruled that such “permanent surveillance of bodies and sounds” is unreasonable and excessive for the purpose preventing cheating.