In July 2015, Freedom of the Press Foundation sued the Justice Department (DOJ) over the agency’s secret rules governing how the FBI can target members of the media with due process-free National Security Letters, and we have just received documents back in the ongoing lawsuit. Read the rest
Google's lawyers fought strenuously against the DoJ's demands for access to the Gmail account of Jacob Appelbaum, a journalist, activist and volunteer with the Wikileaks project; they fought even harder against the accompanying gag order, arguing that Appelbaum had the right to know what was going on and have a lawyer argue his case.
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Freedom of the Press Foundation has filed a Freedom of Information Act (FOIA) lawsuit against the Justice Department for all correspondence the agency has had with Congress over proposed FOIA reform bills that died last year in Congress, despite having unanimous support of all its members.
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The DoJ is currently trying to force Apple to decrypt data stored on a defendant's Iphone, and Apple, to its great credit, is fighting back, arguing that on the one hand, it doesn't have the technical capability to do so; and on the other, should not be required to do so.
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Banning the homeless from sleeping outside when they have nowhere else to sleep is unconstitutional, argues the United States Department of Justice in a statement of interest filed regarding a Boise, Idaho court case about an anti-camping ordinance. Read the rest
Freedom of the Press Foundation this week filed a Freedom of Information Act (FOIA) lawsuit against the Justice Department over their unpublished rules for using National Security Letters and so-called informal “exigent letters” to conduct surveillance of journalists. Read the rest
The so-called unlimited cash out operations used hacked debit cards with withdrawal limits removed to make ATMs spew money.
Prosecutors say officials hacked into a rival's internal networks to steal valuable private data on players.
Senator Ron Wyden (D-OR) has written a letter to outgoing Attorney General Eric "Too Big to Jail" Holder about all those other letters the senator has sent to the AG asking why, exactly, the DoJ thinks that mass spying is legal.
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The US State Department announced the launch of its third annual "Free the Press" campaign today, which will purportedly highlight "journalists or media outlets that are censored, attacked, threatened, or otherwise oppressed because of their reporting." A noble mission for sure. But maybe they should kick off the campaign by criticizing their own Justice Department, which on the very same day, has asked the Supreme Court to help them force Pulitzer Prize winning New York Times reporter James Risen into jail. Read the rest
Andrew Albanese, my editor at Publishers Weekly, has been tracking the antitrust action the DoJ brought against the big six publishers and Apple over price-fixing very carefully, and he's written a great-looking, DRM-free ebook about it called "The Battle of $9.99: How Apple, Amazon, and the Big Six Publishers Changed the E-Book Business Overnight." Here's what he had to say about it:
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It is mostly about the backstory of the case, how publishers' antipathy to $9.99 led them to what turned out to be a pretty fateful decision. It is also available in all the major e-book stores, Sony, B&N, Apple, and Amazon. Amazingly, Amazon is featuring it on their Singles home page here in the U.S.
So one note that might be of interest to you, I was surprised to learn in writing this essay how little the publishers negotiated their initial e-book retail terms back when the e-book market was just beginning. And, more to the point, that the thought they did put into e-books was all related to the negative aspects of digital: how to stop piracy, DRM, controlling unauthorized use. This is kind of where this whole legal saga begins. When Amazon came to launch the Kindle in 2007, the publishers were so focused on the bad things that digital might bring that they never really considered, hey, what if this e-book thing really works? What if this Kindle thing takes off?
Remember, at the time Amazon launched the Kindle, the publishers were stumping for the Google Settlement, so their attention was focused more on stopping the digitization and indexing of long out-of-print books that were making money for no one.
Tim Wu's New Yorker piece on Aaron Swartz and the Computer Fraud and Abuse Act explains how Obama could, with one speech, fix the worst problem with the worst law in technology. The CFAA makes it a felony to "exceed your authorization" on a computer system, and fed prosecutors have taken the view that this means that if you violate terms of service, you're a felon, and they can put you in jail. As Wu points out, Obama doesn't need Congress to pass a law to fix this, he could just tell the DoJ that they should stop doing this. There's plenty of precedent, and it would be excellent policy.
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When judges or academics say that it is wrong to interpret a law in such a way that everyone is a felon, the Justice Department has usually replied by saying, roughly, that federal prosecutors don’t bother with minor cases—they only go after the really bad guys. That has always been a lame excuse—repulsive to anyone who takes seriously the idea of a “a government of laws, not men.” After Aaron Swartz’s suicide, the era of trusting prosecutors with unlimited power in this area should officially be over...
There is a much more immediate and effective remedy: the Justice Department should announce a change in its criminal-enforcement policy. It should no longer consider terms-of-service violations to be criminal. It can join more than a dozen federal judges and scholars, like Kerr, who adopt a reasonable and more limited interpretation. The Obama Administration’s policy will have no effect on civil litigation, so firms like Oracle will retain their civil remedies.
Mike Scarcella in The Legal Times
writes about The Justice Department defending the government's refusal to discuss, or acknowledge the existence of, "any cooperative research and development agreement between Google and the National Security Agency."
The Washington based advocacy group Electronic Privacy Information Center sued in federal district court here to obtain documents about any such agreement between the Internet search giant and the security agency.
The NSA responded to the suit with a so-called “Glomar” response in which the agency said it could neither confirm nor deny whether any responsive records exist. U.S. District Judge Richard Leon in Washington sided with the government last July.
Read more: DOJ Asks Court To Keep Secret Any Partnership Between Google, NSA.(via Oxblood Ruffin) Read the rest