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No-knock warrants may have served a purpose when they first became a thing. It's not as though law enforcement's fear of evidence disappearing or a violent reaction to warrant service is completely unjustified. But no-knock warrants are being deployed extremely frequently, becoming the preferred method of warrant service any time drug sales are involved. The warrant requests are supposed to be subjected to a higher standard of review, but it's devolved to the point where officers are requesting no-knock warrants simply because the residence they're searching has locking doors and working toilets.Now, cops and citizens are being killed or injured unnecessarily, simply because the SWAT team's armored personnel carrier seems like a waste of money if it's not deployed every six weeks or so. The higher standard is practically nonexistent, replaced by "upon information and belief" statements that work backwards from the desired form of warrant service.Over in Massachusetts, state police pledged to hold themselves to a higher no-knock warrant standard after a botched raid of the wrong residence led to a civil rights lawsuit. The department said it would bring its no-knock requests directly to a judge, rather than whatever court clerk happened to be on hand when the request was made.One year later, the state police appear to have made no changes at all, according to the Worcester Telegram's investigation.

This hasn't worked yet, but that's not going to keep anyone from giving it another try. Excolo Law, representing victims of the San Bernardino attacks (and others in similar lawsuits), is suing Twitter, Facebook, and Google for [sigh] "knowingly and recklessly" supporting terrorism.The lawsuit, like others before it, claims the social media platforms aren't doing enough to prevent terrorists from using them for communication, not taking down reported posts fast enough, and otherwise making the world a more dangerous place simply by offering their services.Section 230 is the bar litigants have to clear before holding social media platforms accountable for the actions of their users. This hasn't happened yet, despite the suits being lobbed in California federal courts where some dubious 230 decisions have been handed down.But try they will. Repeatedly. The lawsuit claims that if these three internet giants hadn't existed, the "most feared terrorist group in the world" would not have experienced as much growth as it has. Maybe so, but if it wasn't these three companies, it would just be other communications platforms being dragged into court -- third parties several steps removed from the underlying tragedies.The lawsuit goes so far as to allege the perpetrators wouldn't have carried out the San Bernardino shooting if Facebook, Twitter, and YouTube hadn't existed. From the lawsuit [PDF]:

As previously noted, the FCC has begun fielding comments on its plan to dismantle net neutrality protections. As of the writing of this post, nearly 556,000 users have left comments on the FCC's plan to roll back the rules, which will begin in earnest with a likely 2-1 partisan vote on May 18. The lion's share of that comment total were driven by John Oliver's recent rant on HBO. Many others are the result of what I affectionately call "outrage-o-matic" e-mail campaigns by either net neutrality activists or think tanks that let people comment without having to expend calories on original thought.Earlier in the week I was looking through the comments and noted how a large number of them all made the exact same (aggressively inaccurate) claim:

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We just got done noting that the FCC's commenting system crashed after comedian John Oliver's latest bit on net neutrality last weekend. Given that Oliver's first bit on net neutrality did the exact same thing, it didn't take long before the media wires were filled with stories about how a flood of outraged net neutrality supporters had crippled FCC systems. Again.But then something interesting happened. The FCC issued a statement (pdf) claiming that the agency's website didn't crash because of a flood of annoyed net neutrality supporters, but crashed due to "multiple DDoS attacks" that just happened to have been launched at the exact same time Oliver announced a specially crafted URL (GoFCCYourself.com) to make commenting on the FCC's net neutrality-killing NPRM easier:

For several years now, cable giants Comcast and Charter have had their eye on jumping into the wireless business. Both companies gobbled up a large amount of spectrum at the FCC's 2008 700 MHz auction, but a few years later got cold feet after realizing that going solo in wireless would not only be incredibly expensive, but would require something called competition (gross). So in 2011, they struck a deal with Verizon Wireless, which bought the cable sector's spectrum for $3.6 billion, in exchange for a cozy cross-promotional relationship. As an unspoken part of that relationship, Verizon Wireless has been happily driving its unwanted DSL customers to cable, where they're often then sold Verizon Wireless service.That 2011 deal also featured language allowing the cable providers to launch their own MVNO (mobile virtual network operator) that leans heavily on WiFi, but uses the Verizon network for cellular backup. So over the last few years, Charter and Comcast have been cooking up new WiFi-centric wireless services they plan to only bundle with traditional cable and broadband inside their own footprints (again, to avoid having to more seriously compete with national established carriers like their friends at Verizon).Neither service has launched yet, but this week Comcast and Charter struck a new cooperative deal that will let them use their combined leverage to secure better handset rates. A Comcast announcement states that the agreement will provide both companies with "operational efficiencies" down the road:

In what may be an attempt to bolster now ex-FBI director James Comey's oft-derided "Ferguson Effect" claims, the FBI has released a "study" that gathers facts feelings from law enforcement officers around the US and attempts to build a narrative somewhere between "life is unfair" and "there's a War on Cops." It's not a study. It's an opinion poll with the word "study" appended to it.In short, the Ferguson Effect theory is this: cops are afraid to do their jobs because they're undergoing intense scrutiny in the wake of controversial shootings. It's bullshit, but there are plenty of law enforcement officials willing to stake their reputations on assertions that portray their officers as cowards. Faced with heightened public scrutiny, officers are apparently deciding to do less work than before, supposedly to head off any misrepresentation of their tactics.The FBI's study involved interviewing officers and supervisors at agencies where an officer had been killed in the line of duty. It studied the background of the assailants, but that appears to be the end of any factual basis for claims made. What these stats show is most attacks on officers involved a person who didn't want to be arrested. A smaller percentage of attacks were motivated by a desire to hurt cops.Despite these conclusions, the FBI's study pushes forward with an officer-driven narrative that follows the War on Cops/Ferguson Effect: supposedly-increased violence towards cops (not supported by line-of-duty death statistics) and "de-policing." I supposed the FBI's "impartiality" restrained it from challenging contradictory and false assertions provided to it by officers. From the study [PDF]:

With eSports exploding into a legitimate spectator event, both for in-person viewership and televised events, it was only a matter of time before professional sports leagues got in on the act. As it has been on so many things, the NBA became the first American league to announce it was creating its own eSports league, partnering with Take-Two Interactive and its NBA2K series to power its sponsored competition. When commissioner Adam Silver announced all of this in February, however, he was speaking for the league, but not the individual teams that make up that league. Asked at the time what he expected the participation level to be from individual teams, he said he expected about half to jump into this.It turns out that projection was pretty much spot on, as 17 NBA teams ave officially agreed to participate in the league, lending their jerseys and branding to the games. Also released were some details about how the league will operate and how the games will be conducted.

So... not quite sure what to make of this yet, but according to the NY Times, just a little while ago, Donald Trump fired FBI Director James Comey (of course, just after our podcast came out talking about how Comey seemed to be hopeful the Trump administration would approve his encryption backdoor plans).

The current instalment of the crypto wars hit full stride with the clash between Apple and the FBI, but in truth the tension over encryption has been around for a long time — and it doesn't look like it's going away anytime soon. As our readers know, Tim Cushing has been following these developments closely, and this week he joins the podcast for a discussion about encryption, law enforcement and "going dark".Follow the Techdirt Podcast on Soundcloud, subscribe via iTunes or Google Play, or grab the RSS feed. You can also keep up with all the latest episodes right here on Techdirt.

As you hopefully know by now, we're currently facing a major lawsuit, brought against us in Boston, that we consider to be an attack on our First Amendment right to report on matters of public concern. If you support journalism and support the First Amendment, please consider donating to our survival fund, which is helping us to continue reporting on a variety of important matters, including new battles over net neutrality and encryption, not to mention many other battles over freedom of expression.As we've noted, repeatedly, this case has been a huge distraction and has made it difficult for us to do the kind of work we've done for almost twenty years. If you wish to catch up, you can read about our initial filings in the case, including our motion to dismiss and our motion to strike under California's anti-SLAPP law. We also made additional filings concerning Section 230 problems with some of the claims against us. In addition, in early April we filed a reply to the opposition to our filings.On April 20th, there was a hearing in federal court on our motions. If you're interested, a reporter from Law360, Brian Amaral, was in court and covered the hearing (possible paywall):

Last week comedian and "The Late Show" host Stephen Colbert found himself in a little hot water after he made an oral sex joke about Donald Trump and Vladimir Putin at the tail end of his opening monologue. If you missed it, here's the relevant bit (the easily-offended can skip down the page).Obviously, the monologue wasn't exactly enjoyed by Trump supporters, who collectively backed a somewhat rudderless and unsuccessful attempt to pressure CBS into firing the comedian (whose ratings have, non-coincidentally, been soaring thanks to his Trump tirades). Colbert ultimately issued a follow up comment in which he stated he probably could have more carefully chosen his words, but quite intentionally fell well short of offering an apology to Donald and Vlad.Normally this is where the story would have ended. But last Friday afternoon The Hill ran a piece stating that the FCC had received an entirely-ambiguous number of complaints about the monologue, and was going through the process of determining whether or not Colbert's comments violated FCC broadcast TV indecency guidelines. Under current FCC rules, the agency keeps an eye out for broadcast TV content deemed "indecent" before 10PM, and attempts to police "obscene" content after that point. This is all pretty standard FCC practice, with the end result most frequently either resulting in a modest fine or no action whatsoever.When asked about Colbert's comments, FCC boss Ajit Pai made a fairly innocuous comment to a talk radio station stating that the FCC would, in essence, manage the Colbert complaints in much the same way they handle every other obscenity complaint:

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Look, let's just start with the basics: there are some bad people out there. Even if the majority of people are nice and well-meaning, there are always going to be some people who are not. And sometimes, those people are going to use the internet. Given that as a starting point, at the very least, you'd think we could deal with that calmly and rationally, and recognize that maybe we shouldn't blame the tools for the fact that some not very nice people happen to use them. Unfortunately, it appears to be asking a lot these days to expect our politicians to do this. Instead, they (and many others) rush out immediately to point the fingers of blame for the fact that these "not nice" people exist, and rather than point the finger of blame at the not nice people, they point at... the internet services they use.The latest example of this is the UK Parliament that has released a report on "hate crime" that effectively blames internet companies and suggests they should be fined because not nice people use them. Seriously. From the report:

By now it should be clear to most Techdirt readers that new FCC Boss Ajit Pai envisions a future where there's little to no oversight of giant telecom duo/monopolies like Comcast. Pai has wasted no time making that dream a reality since taking office, having killed plans for more cable box competition, undermined FCC attempts to stop prison phone monopolies from ripping off inmate families, and paved the way for killing net neutrality. He's made no mystery of his overarching goal: replacing functional FCC oversight of broadband providers with the policy equivalent of wet tissue paper.If you spend twenty seconds with Pai's voting record (like that time he voted down holding AT&T accountable for actively helping crammers rip off its own customers by making scams harder to detect on customer bills), you'll discover his positions have one consistent beneficiary (tip: it's not you).You'll also note his arguments are often comically disconnected from the actual facts. Like that time the FCC boss declared that Netflix was the real enemy of net neutrality -- simply because it operates a content delivery network. Or the time he insisted meaningful consumer protections would inspire Iran and North Korea to censor the internet. Or the countless times he's insisted net neutrality killed network investment -- despite that claim not being supported by objective data, SEC filings, quarterly earnings or ISP executive statements.And while it's one thing to actively disagree on policy, Pai has consistently engaged in countless, easily-debunked falsehoods to justify his positions. Which is ironic, since pretty much every speech Pai makes involves him promising to bring more "sound economic analysis" to FCC policy making. Take this recent speech (pdf) given to the American Enterprise Institute (which takes substantive funding from the large ISPs that benefit directly from Pai's policies):

A little less than two years ago, we covered Prison Legal News' FOIA lawsuit against the Bureau of Prisons. While we're aware litigation is seldom a swift process, PLN's ongoing lawsuit was particularly epic: twelve years after filing its initial requests for records covering a period from 1996-2003, the DC Appeals Court reversed the lower court's decision in favor of the US BOP and instructed it to order the government to hand over the requested records to PLN.Two years after that ruling -- fourteen years after PLN sued -- the government is finally settling the case. The government Taxpayers will be paying out nearly a half-million dollars for more than a decade of government stonewalling and obfuscatory litigation.From the decision [PDF]:

China has a long history of producing encyclopedias that goes back thousands of years. One of the most famous works is the fifteenth-century Yongle encyclopedia, which had over 15,000 volumes, and is still the largest paper-based general encyclopedia ever created. More recently, the main publication in this field was the Encyclopedia of China, whose first edition had 74 volumes. Later, CD-ROM and online versions were added. The third edition has just been announced, and although it is not quite on the scale of the Yongle encyclopedia, it is ambitious in its scope:

There's no shortage of existing laws protecting law enforcement officers. So, of course, there's no shortage of new legislation being introduced to further protect a well-protected subset of government employees. Using a nonexistent "War on Cops" as impetus, legislators all over the nation are submitting bills designed to make harming a cop more of a crime than harming anyone else.This isn't just happening at the state level. Last year, Colorado representative Ken Buck introduced a federal "Blue Lives Matter" law, which would have turned attacks on cops into "hate crimes." The bill is a ridiculous extension of protection to officers who aren't in any more danger than they were a decade ago, histrionic statements by various federal officials notwithstanding.Buck's bill has gone nowhere in the last year. It's been sitting in a House subcommittee since April of last year. But one bill's failure doesn't predict the future performance of similar legislation. As Reason's C.J. Ciaramella reports, a similar bill -- Florida rep Vern Buchanan's "Thin Blue Line Act" -- has cleared the House Judiciary Committee.

Taser Inc.'s quiet takeover of evidence generation and storage -- through extensive body camera offerings -- was put on public display when the company rebranded as Axon. The company was willing to give away cameras in exchange for something far more lucrative: software licensing and footage access fees in perpetuity.Axon even nailed down a choice URL: Evidence.com. This is the portal to law enforcement body camera footage stored in Axon's cloud -- the real moneymaker for Axon. The cameras are just the gateway drug.But much of what's stored at Evidence.com could be considered public records. Much of what's stored there could also be subject to discovery by defense attorneys during criminal proceedings. But no one asked defense attorneys if this arrangement worked for them. It was enough that it worked for cops.Defense attorney Rick Horowitz has a problem with contractual agreements he's being asked to sign when attempting to gain access to records regarding his client. Instead of handing out files, prosecutors are handing out URLs. To obtain the records he needs, Horowitz is forced to use Axon's portal… and sign agreements with Axon before he's allowed to access anything. (via Simple Justice)

Back in March, Mike wrote about how Eli Lilly's demand for $500 million "compensation" from Canada for rejecting two of its patents was finally thrown out. This was a long-running story, and was widely-regarded as a crucial test. Had Eli Lilly won, people suggested, it would have opened the floodgates for many such corporate sovereignty claims. Some also claimed that Eli Lilly's defeat showed what is officially known as the "investor-state dispute settlement" (ISDS) system was actually working well, and needed neither abolishing nor tweaking. But an interesting analysis by Cynthia Ho, who is a professor at Loyola University Chicago School of Law, suggests that things might not be so clear cut. Here are the key points she makes in a column published by Intellectual Property Watch:

Want to know how much of a threat terrorism poses to the United States? Just ask an agency whose relevance and budget depends on projecting the appearance of a constant threat. Here's John Kelly, the new head of the DHS:

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Back in 2014, you might recall that John Oliver's HBO show "Last Week tonight" aired an outstanding piece on net neutrality. In it, Oliver compared then FCC boss Tom Wheeler to a dingo, explained why a neutral internet was important, and trashed much of the flimsy logic giant ISPs like Comcast use to consistently justify anti-competitive behavior. The piece was so immensely successful at explaining an incredibly complicated and relatively wonky subject, it drove a record number of annoyed consumers to the FCC commenting website -- where they demanded the FCC step up and defend the open internet.That public outcry was a major reason Wheeler decided to reclassify ISPs as common carriers under Title II of the Communications Act -- and pass real net neutrality rules in 2015.Fast forward to 2017. New FCC boss Ajit Pai has made it abundantly clear he plans to gut those same rules, resulting in Oliver running a second piece on net neutrality on Sunday night:In this new video, Oliver notes that he registered the gofccyourself.com domain, making it simpler for annoyed net neutrality supporters to find the relevant FCC proceeding comment section on the agency's website. And, once again, it appears that the FCC's website was crippled by the massive influx of viewers. Shortly after the program aired, the FCC website collapsed under heavy load, and continued to suffer from issues throughout Monday (though there's an alternative way to file your comments to the FCC via this link).In his piece, Oliver once again urged those that care about an open internet to step up to the plate. And given net neutrality's massive, bipartisan appeal, he suggested that "Donald Trump's internet fans" should lend a hand:

About a year and a half ago, we wrote about how the new European "General Data Protection Regulation" (GDPR) was potentially very problematic for free speech. That is, well-meaning "data protection" folks wrote up the GDPR, but it appears they did so with little thought towards what the impact might be on free speech. So, specifcally, when they include something like a right to "erasure" for certain information, you can understand, from a privacy standpoint why people may want certain data and information to be deleted from certain databases. But bring that over to the open web, rather than private databases, and you're talking about a censorship tool around a "right to be forgotten" system.To deal with this kind of potential problem, rather than doing the smart thing and fixing and clarifying the GDPR, Europe has left things up to each member country to try to sort things out on their own, and to explore how to set their own data protection rules in a manner that will obey the GDPR but also avoid stomping out free expression. Unfortunately, it's unclear that many of the states are taking that balancing act very seriously. The UK quietly put up a comments request with all answers due by this Wednesday (and, of course, by the time this all gets sorted out, who's to say if the UK will even still be in the EU... but...).Daphne Keller, who studies these things over at Stanford Law School's Center for Internet and Society has both a larger paper and a shorter blog post discussing this, specifically in the context of serious concerns about how the Right To Be Forgotten (RTBF) under the GDPR will be implemented, and how it may stifle freedom of expression across Europe. Right now, of course, the RTBF applies to search results, but under the GDPR it may expand to much more, including things like Twitter and Facebook:

In California, the future of criminal case management is now. But the future appears to be broken, and "now" is looking much worse than the recent past. Odyssey is the state's buggy new case management software -- one that's been keeping people from being released, putting people with dismissed charges in jail, and otherwise making the criminal justice system even more horrible than usual. Tyler Technologies, the creator of the software, has called this transition "challenging." (It's also called this rolling cockup a "transition," so…)Public defenders -- already overworked when things are normal -- are the ones being tasked with sorting out a long stream of erroneous computations and attempting to make things right for the human beings on the receiving end. This is an additional workload public defenders didn't need.

We've got a double winner on the insightful side this week, with PaulT taking both the first and second places spots. In first place is his response to our thoughts on why Netflix was unconcerned about the hacker trying to extort them by threatening a leak:

Five Years AgoThis week in 2012 the USTR, as it does every year, released its ridiculous Special 301 list of naughty countries, right around the same time that Chris Dodd was rewriting Hollywood history to thank IP laws for all of it. The UK was doing its part to stay off the list, apparently, with the High Court ordering The Pirate Bay to be blocked (and, of course, driving record traffic to the site). Techdirt friend Dan Bull — an artist whose single had just hit the charts with the help of piracy — shared his thoughts on the block with a guest post.Ten Years AgoThis week in 2007 started the same way: with a silly Special 301 "watch list". The Pirate Bay was just beginning its growth as a political movement, and the author of a major UK copyright report was admitting that the evidence supports shortening copyright terms. The folks behind AACS, the new copyright protection scheme for DVDs, were learning all about the Streisand Effect in their attempt to suppress information about the technology — and also giving the Digg community a chance to demonstrate its control over the site. Meanwhile, the Google/Viacom lawsuit was moving slowly forward, and the UK's Premier League was getting in on the action.Fifteen Years AgoThis week in 2002, record labels were still excitedly announcing lacklustre digital music services, online radio stations were protesting onerous fees, and the new Eminem album was gearing up to be the largest copy-protected release to date. Deep linking reared its head again as a legal issue, online scams were going strong (and working as decent retirement plans for some, it seemed) and the crazy new idea of phones with WiFi was just on the horizon.Eight-Hundred And Two Years AgoToday we look back on the Magna Carta as a pivotal moment in the history of law (or just as an archetypal piece of general knowledge trivia), but at the time it was a stopgap solution in the midst of a political dispute between King John of England and some rebellious Barons. An important milestone in that dispute came on May 3rd, 1215 when the rebels officially declared against the King and issued their legal demands.

It seems there must be something in our human DNA, something that hasn't been filtered out over the generations, that causes the masses to engage in moral panics. When you peruse our previous posts about moral panics new and old, it highlights how laughably absurd they tend to be. Specifically, if past is prologue, you get a fair understanding of how our current moral panics will be viewed in the future, as we laugh now at the consternation caused by such demons as telephones, comic books, chess, and pencils. And that laughter causes no pause about the current moral panics surrounding social media, certain forms of music, and video games.Sandwiched in between antiquity and modernity is Dungeons & Dragons, the popular tabletop role playing game that experienced its own moral panic decades ago, but which has since risen dramatically in popularity. This game, once thought by parents to create potential Satan worshipers out of their little darling children, has already been pushed as a fantastic starting point for would-be creative writers. More recently, however, therapists have begun using the game as a therapeutic tool in sessions with patients. Adam Davis runs one of these groups using D&D in therapy, called the Wheelhouse Workshop, and details one story in which he uses the game as a therapy tool.

We see all kinds of dumb and frustrating examples of trademark bullying here at Techdirt. From questionable claims of infringement entirely, to the over-policing of broad or generic terms that never should have been granted trademark protection to begin with, to vice-like licensing terms that appear to be designed more to put licensees out of business rather than building any kind of long-term business model out of trademark rights. That said, at least in most of these stories the offending party has the trademark its bullying with. That may not be the case when it comes to Worldwide Entertainment Group Inc., which is being sued by a Coatian festival promoter after being milked over a trademark the promoter says Worldwide doesn't actually have.

Another small dart has been lodged in the thigh of the Fifth Amendment by the courts. A Miami, FL federal judge has ruled that defendants in a sex video extortion case must turn over their phones' passwords.

In the world of law enforcement, there's very little more ridiculous than police unions. That's the unfortunate side effect of feeling compelled to defend every "bad apple," no matter how rotten they are. The Cleveland police union has reached the apotheosis of law enforcement spin -- this time taking the form of a lawsuit that looks like a punchline.First, some backstory. In 2014, 12-year-old Tamir Rice was killed by a Cleveland police officer as he played with a toy gun in the park. A caller reported Rice, saying he was waving around a gun. The caller also said it was likely the person they saw was a juvenile and the gun was likely a toy. This information was not passed on to the responding officers, who boldly/stupidly raced across the park lawn to within feet of where Rice was standing and shot him two seconds after exiting their vehicle. The "gun" Rice had was an Airsoft replica with the bright "not a gun" tip removed.Had the dispatcher passed on the mitigating factors, Tamir Rice might still be alive. Had the officers decided to approach this tactically, rather than like an out-of-control half of a buddy-cop movie cliche, Tamir Rice might still be alive. But, as the Cleveland Patrolmen's Association sees it, the problem wasn't bad communication and worse tactics. The real problem here is toy gun makers.

Spain is perfecting regulation no one asked for. The country's government is in the business of determining which jokes are funny… and which punchlines should be greeted with criminal charges.A few years ago, jokes of the "too soon" variety were met with calls for social media censorship. The assassination of a member of the People's Party was met with the usual interactions: a mix of genuine condolences and mockery. The assassinated official wasn't universally loved, having voted herself a 13% pay raise while simultaneously supporting a 12% budget cut to programs she didn't care for.Some social media reactions were terrible. Reactions from government officials were even worse. One official said social media users shouldn't be allowed to denigrate others. Another vowed to "clean up undesirable social media."Flash-forward three years and a Spanish citizen is again dealing with government regulation of social media, as well as its idea of what is or isn't proper discourse. And, oddly enough, another assassination of a political figure is at the center of it, albeit one where adverse comments and jokes could not possibly be of the "too soon" variety. (via Reason)

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Before we dive into the latest IC transparency report [PDF] from the Office of the Director of National Intelligence, let's take a moment to recognize the small miracle that it even exists. If NSA contractor Ed Snowden hadn't decided to color outside the official whistleblowing lines, we'd still be expected to put our complete trust in the government with zero evidentiary support.That being said, the transparency report is still several steps removed from actual transparency, but it will have to do for now. What can we learn from it, even with many of the numbers being seemingly meaningless thanks to purposefully-missing context? Several things, actually. Marcy Wheeler has torn apart the report across four posts, each dealing with the report's fuzzy numbers (or, in the case of the CIA's contribution, a lack thereof).One of the first misleading numbers in the report is the supposed single search of the NSA's 702 collections by the FBI for non-terrorism-related purposes. According to the report, this happened exactly once. But that's actually not true. The FBI makes far more frequent use of NSA data for non-terrorism investigations. It just does it in a way that won't show up in the IC's transparency report. Parallel construction is the FBI's friend.

So we've noted for years now how giant broadband ISPs have made a 20-year career out of taking taxpayer money, subsidies and other perks in exchange for broadband networks they only partially deliver. When it comes time to hold these large ISPs feet to the fire, well-lobbied lawmakers and revolving door regulators pretty consistently do their best to ensure accountability never happens. Obviously this is just one of numerous problems leading to a lack of broadband competition in the United States, where two-thirds of homes lack access to more than one ISP at speeds of 25 Mbps.And while it makes perfect sense for ISPs to want the best return on their investment, problems have arisen as broadband is increasingly seen as a necessary utility, but government refuses to stand up to some of the most politically powerful companies in America. ISPs don't want anybody dictating where they can and can't deploy service, but at the same time their lobbyists are passing protectionist state laws preventing towns and cities from improving their broadband fortunes...even in areas incumbent ISPs refuse to serve.AT&T has come under fire in recent months after allegations emerged that the company was avoiding deploying upgrades to low-income neighborhoods. The National Digital Inclusion Alliance (NDIA) and a Cleveland-based group called Connect Your Community released a report last month claiming AT&T was engaged in "digital redlining" -- or intentionally only upgrading higher-income customers. The report notes that while AT&T provides scattered speeds of between 18Mbps and 1Gbps to the Cleveland suburbs, poorer neighborhoods in central Cleveland remain stuck on speeds between 768kbps to 6 Mbps.A map from the report highlights what this not-so-subtle practice looks like:The groups have threatened to sue AT&T, stating that FCC data and "city construction permits and other information" support its case that AT&T intentionally ignored low-income communities. AT&T, as you might expect, insists that it has done nothing wrong:

This long Austin American-Statesman investigative report details apparent police brutality as discovered by parents who were kept in the dark by local cops about how their teenaged son actually died. It all started with their 5'4" 110-lb. 18-year-old suffering through a bad acid trip while hanging out with friends. It ended in the hospital with their son brain-dead, on life support, and the arresting agency unwilling to say anything more than their son had suffered a "head injury."To the law enforcement agency, it's just another in-custody death. To the parents of Graham Dyer, it's long-delayed closure to a chapter kept deliberately unfinished by the law enforcement agencies who took Dyer into custody and returned him to his parents more dead than alive.In Texas, the system is stacked against victims of police misconduct. State law, upheld by court decisions, make it almost impossible to mount a lawsuit against law enforcement officers. Courts are generally receptive to law enforcement claims and extremely hesitant to strip officers of immunity, no matter how egregious the apparent civil rights violation. This situation is made much, much worse in Texas where documents needed to propel a lawsuit past a judge's first reading often can't be obtained from the law enforcement agency holding them.

Recently, we discussed an odd post by the American division of Atlus, the company behind the recently released game Persona 5. The post basically outlined restrictions on streaming the game in the popular "let's play" format. Those restrictions were pretty clearly geared towards keeping spoilers for the game's stories off of the internet, with indications that discussing or streaming game content that occur after an in-game date was verbotten. The post was also couched in threats for DMCA notices, which is odd because spoilers aren't what copyright law was designed to combat. The public backlash was fairly uniform, with Atlus coming out not looking particularly good as a result.It took a while, but Atlus has finally responded. While it positions this response as a loosening of the restrictions on streaming, it still keeps all of the worst aspects of the original restrictions in place.

It was way back in the early part of 2016 that the rumors came out that the Oakland Raiders football team would be moving to a new home city. Fans were understandably upset and voiced their displeasure in a variety of ways, but the dumbest of those ways certainly must have been Lane Blue's attempt to trademark the team name in conjunction with all of the different potential landing cities the team was rumored to be moving to, including the "Las Vegas Raiders." Lane wasn't the only sad Raiders fan to attempt this, it seems, as we now see reporting on his and other trademark applications being denied for obvious reasons.

Ahead of his testimony before the Senate Judiciary Committee on Wednesday, FBI Director James Comey released his planned testimony, which covers a variety of subjects Comey hoped to cover during the hearing. A lot of the talking points were touched on, but Comey spent most of his time fielding questions from pissed-off senators about how much they were disappointed in recent FBI investigations.The testimony Comey planned to give contains another discussion of the FBI-centric "going dark" issue. According to Comey, device encryption has blocked FBI's searches nearly 50% of the time, preventing it from pulling data from more than 3,000 phones. Comey also says other approaches -- such as using metadata or cellphone forensic software -- won't work. They're too expensive and won't scale. Left unsaid is Comey's desire for legislation or a few precedential court decisions to force manufacturers to compromise their customers' security.He makes this argument by conflating privacy and security and using this conflation to arrive at a completely wrong conclusion. From Comey's testimony [PDF]:

One of (several) reasons why American broadband is so uncompetitive is the fact that we continue to let giant broadband mono/duopolies quite literally write awful state telecom law. As we've long noted, more than twenty different states have passed laws making it difficult to impossible for towns and cities to improve their local broadband networks -- even in instances when the entrenched duopoly refuses to. Many of these laws even ban towns and cities from entering into public/private partnerships with the likes of Google Fiber. It's pure protectionism.Maine is the 49th ranked state in broadband speed and coverage -- in large part due to rural markets. Despite countless years of subsidies, broadband providers consistently refuse to seriously upgrade these areas at any scale due to costs. And yet they refuse to let the towns do it themselves, either. State Representative Nate Wadsworth has introduced HP1040, aka "An Act To Encourage Broadband Development through Private Investment." Except like so many of these bills, the proposed law's name is a stark 180 from what the legislative measure actually does.You see Wadsworth is a state chair for ALEC, the group most ISPs use to help them ghost write these protectionist bills. And Wadsworth's proposal, like countless others, imposes a laundry list of restrictions on any town or city that might dare try to do something about the fairly awful service state residents receive from the likes of Frontier Communications and Comcast. From limits to how money can be raised to requirements for repeated public referendums (at which point deep-pocketed ISPs outspend local advocates), communities suddenly face all manner of restrictions on what they can or can't do in their own backyards.Page Clason, Member of the Islesboro Broadband Committee, described HP 1040 this way:

The UK's long-gestating Digital Economy Act has finally gone into force. The law is mainly interested in porn and pirates -- two issues most of the UK public is far less interested in having subjected to intrusive regulation.But just keeping an eye on who is or isn't availing themselves of porn/torrents isn't the only intrusive aspect of the Act. As Joseph Cox of Motherboard points out, an amendment to the law grants some pretty scary new powers to UK law enforcement, allowing them to kill citizens' means of communication.

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In his testimony yesterday in front of the Senate Judiciary Committee, FBI Director James Comey became the latest government official to speak out against Wikileaks. In doing so -- even though he very carefully worded his answers to Sen. Ben Sasse's softballs -- Comey also made a very dangerous insinuation about what separates "real" journalists from Wikileaks.From the transcript published at the Washington Post:

Eager to ignore the broad, bipartisan support net neutrality enjoys, nine GOP Senators this week introduced legislation that would kill the FCC's net neutrality rules. Senator Mike Lee's "Restoring Internet Freedom Act" would prohibit the FCC from classifying ISPs as common carriers under Title II of the Communications Act and "from imposing certain regulations on providers of such service." In other words, it's a parallel attempt to kill net neutrality in Congress while FCC boss Ajit Pai tries to kill the rules via FCC process.Lee didn't release the text of the bill, but it's expected to look very similar to a 2016 bill he introduced during the 114th Congress with the same 8 co-sponsors. Lee tries to argue in a statement over at his website that his bill is necessary to keep "bureaucrats" away from "engineering the internet's infrastructure":

If ever there was a thing that the founding fathers were incapable of foreseeing as they created the foundational law of the United States, certainly that thing must have been how the chief tool used in copyright enforcement has become automated bots used to auto-generate DMCA notices. It's something we, however, have become quite familiar with by necessity, with reports indicating that roughly all of the DMCA takedown or delisting notices received by sites like Google are generated from these bots. Whatever one might think of publishing companies and their policing partners using this tool at all, there is certainly no serious argument to be made that collateral damage from their use isn't a real problem. When public political organizations, streams for awards ceremonies, and even NASA landing on Mars gets flagged by these auto-systems, it's time to admit there is a problem.But it's a problem not being addressed, it seems. The most recent example of this comes to us from the Premier League, which has long waged an overreaching war on streams of soccer games, and most recently asked Google to please delist all of Facebook as part of it.

When it comes to online privacy, the European data protection authorities tend to be quite interventionist as they try to police the movement of personal data within and out of the EU. The concerns over the Safe Harbor and Privacy Shield frameworks are one manifestation of this. Another is the increasing EU scrutiny of Facebook's purchase of WhatsApp.A couple of years after Facebook acquired WhatsApp, the latter announced that it was updating its terms and privacy policy so as to allow user data to be transferred to its parent company. Johannes Caspar, the Commissioner for Data Protection and Freedom of Information in Hamburg, where Facebook has its German headquarters, was unhappy with that move. He saw it as harmful to users' privacy, not least because there was no way to opt out of the data sharing. In September last year, he ordered Facebook to stop collecting data from WhatsApp, and to delete anything it had already brought across. Facebook appealed against the decision, and the Administrative Court of Hamburg has now handed down its ruling, which is to deny the US giant's request for Caspar's order to be revoked (pdf):

James Comey testified in front of the Senate Judiciary Committee today where he faced an oddly-unified bipartisan group of senators irritated with the FBI (but for different reasons). Most senators took a large amount of the their time during the first round of questions to not actually ask questions, but to express their displeasure with the Clinton email investigation and the ongoing Trump-Russia investigation.The opening statements varied depending on the party of the senator addressing James Comey. Comey had very few answers about various Trump-related investigations (which are still ongoing), but made the most of his opening statement by dodging the questions and making a sales pitch for the renewal of Section 702 -- the statute permitting the NSA's internet data/communications collection the FBI makes frequent use of.According to Comey, the 702 collection is essential to national security. Possibly true. But not so essential that concerns about Fourth Amendment violations should be swept aside. This was only one of the sales pitches Comey managed to squeeze in during questioning.He also touched on a couple of other issues worth noting. Both involve legislation. After pitching a clean Section 702 renewal, Comey spent some time talking around the subject of backdoor 702 searches, noting that "all courts" have found the FBI's secondhand domestic surveillance lawful… without specifying the only court to really reach this conclusion is the FISA Court. And this court also found the NSA had abused its collection repeatedly. This court also approved zero 702 applications in 2016 and the NSA itself has shut down part of its upstream collection because it kept grabbing too many communications from US persons.This shutdown will affect the FBI's backdoor searches. Comey, of course, didn't refer to them as backdoor searches, but did make it clear the FBI would be ever so pleased if Section 702 was renewed with a minimum of legislator interference.The FBI's own collection efforts were a concern to Comey as well. Comey continued his misrepresentation of the statutes governing what the FBI can collect with National Security Letters. According to the FBI director, the only thing standing between what the FBI can legally get with NSLs (subscriber info and billing records) and what it wants (a very long list of things, including web history and geolocation data) is a "typo." Not sure which part of the statute contains the typo, but Comey claimed to be able to channel the intent of legislators who passed it back in 1986.Not that the lack of statutory authority has prevented the FBI from demanding more than it's supposed to get. An NSL published by Yahoo contained a much longer list of requested data than is permissible under the law. Comey expressed his desire to have Congress take another look at the statute and see if it doesn't agree with Comey's assessment.The other legislative issue near and dear to Comey's heart was addressed a bit more obliquely, but managed to make it clear the current administration would be far more sympathetic to Comey's other backdoor plan. Both Sen. Orin Hatch and Sen. Dianne Feinstein spoke favorably about encryption backdoors. Comey noted the Obama Administration wasn't interested in passing bills containing encryption bans or backdoors, but the new team in the White House has possibly expressed an interest in doing just that.

We talk a lot around here about the many problems with the copyright trolling industry. Those problems take several forms, but they can be best globalized as a problem of the copyright troll's basic business model. These groups claim to tackle piracy in defense of the content creators with whom they contract, but they do so not by spear-fishing confirmed infringers with sound evidence, but rather they cast as wide a net as possible based on flimsy evidence at best, all in the hopes of producing enough settlement money from scared recipients to make some coin. This bird-shot approach, to further mix my hunting analogies, inevitably creates serious collateral damage and exposes how poorly constrained the technology used to identify infringement is to reality.To see this at work in the most ironic and palm-facing degree, we can take a look at IP Arrow. We've discussed IP Arrow in the past, in particular its happily sending out bogus DMCA notices for legit businesses that seemed to falsely claim that its clients own the rights to child pornography. Also, we wrote about how the owner of the organization owed millions of dollars to Hollywood for having run his own warez site years previous. More recently, it seems that either the technology IP Arrow is using to identify infringing parties for its clients has taken a really stupid turn for the worse, or the organization has graduated to trying to use the DMCA process to stifle criticism.

Last year Russia passed a new surveillance bill that promised to bring greater security to the country. As is par for the course for these types of bills, the legislation did the exact opposite by not only mandating new encryption backdoors, but by also imposing harsh new data-retention requirements on ISPs and VPN providers. As a result, some VPN providers like Private Internet Access wound up leaving the country after finding their entire function eroded and having some of their servers seized. The end result? Russia's pledge to shore up security wound up making everybody in the country notably less secure.And now Russia appears poised to dramatically up the ante.Alongside the country's attack on encryption, Russia has dramatically ramped up internet filtering and censorship in the apparent hopes of making the great firewall of China seem reasonable. And a new bill being pushed quickly through the Russian legislature would not only impose fines of up to $12,400 per breach on search engines that still link to these banned sites, but would require VPNs to immediately cease providing access to these blocked domains as well. If they refuse, these VPN providers risk being blocked themselves:

US government requests for Facebook data are up, according to the company's latest biennial transparency report. Total requests jumped from 23,000 to 26,000, as compared to the first six months of 2016. Overall, it's an increase of about 12,000 requests over 2015's total.At this point, Facebook is fielding about 1,000 more requests a month as compared to 2015. While there's not a whole lot of detail in the presented data, the social media platform is now able to report something it hadn't been able to do before the passage of the USA Freedom Act. Both of the 2016 reports now show what percentage of data requests come with a gag order attached.According to the report, more than half of the orders received in 2016 came with gag orders: 56% for the first half of the year and 50% in the second. Gag orders are standard operating procedure for National Security Letters but those only make up a small percentage of the requests Facebook receives: less than 1,000 total for all of 2016.A majority of the requests are search warrants, which often come with limited-time gag orders. Or at least they should be limited-time. As we saw in Adobe's recent court win, search warrants appear to be arriving with indefinite gag orders when only delayed notification is justified. Facebook has been pushing back against over-broad requests and government secrecy, but its success has been limited.Also of interest is the lack of FISA orders. For the first time since Facebook began reporting these numbers, it received no FISA orders for content or non-content data. This would seem to confirm an apparent Section 702 blockage at the FISA court. As was noted here earlier, the FISA court apparently approved zero government requests under Section 702 (internet content/non-content collections) in 2016. The last approved order of 2015 would have carried over into the first couple of months of this year, which may be why Facebook shows FISA requests in the first six months of last year, but nothing past the point of that order's expiration.So, the government has begrudgingly agreed to a little more transparency, but is ensuring much of what's behind the numbers remains firmly in its grasp. Gag orders accompany at least half the requests the government sends out, and the number of requests continues to increase. At this point, Facebook fields a couple thousand gagged orders a month, with most, presumably, tied to sealed cases and indictments, which kind of makes a mockery of this whole "open court" system. Considering Facebook maintains control of users' accounts, communications, and data on its platform, it makes little sense to withhold notification for extended periods, if not indefinitely.