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The Courts

FISA Court Sides With ACLU Against Administration 352

jamie caught a breaking news story this evening: the secret FISA Court has ordered the Bush administration to respond by August 31 to an ACLU request for orders and legal papers discussing the scope of the government's authority to engage in the secret wiretapping of Americans. The ACLU's press release calls it an "unprecedented order."
The Internet

Putting Anti-Evolution Candidates On the Spot 1583

hmccabe writes "YouTube is currently taking submissions for their next debate, in which the Republican candidates will answer questions. This seems like a good opportunity to challenge those candidates who say they do not believe in evolution. But since I am not an expert in the subject, I would be interested in how you all feel the question should be presented. For my own part, I think it is important to present the overwhelming body of evidence on the subject as incontrovertible fact, much the same way DNA evidence is presented during a criminal trial, and ask why the candidate feels they can pick and choose what facts they believe in. Moreover, I am wary of coming across like Christopher Hitchins, so vitriolic the candidate will defend themselves rather than answer the question. Perhaps the most important aspect of posing the question is to inform the viewers who watch the debate that this is really not a matter of opinion, but of science. So my question is: 'Hey geneticists, have you considered addressing evolution in the YouTube debates? Can you do it in 30 seconds?'"
Businesses

Diebold Rebrands What No One Wants 175

Irvu writes "Diebold has apparently failed in their bid to sell their tainted elections systems unit. Unable to find a buyer the CEO of Diebold promised that the system will be run more 'openly and independently.' To prove that they are serious, they renamed it. Diebold Election Systems is now Premiere Election Solutions. They still sell GEMS, AccuVote OS and the ever-unpopular AccuVote-TSX which performed so disastrously in California's Top-to-Bottom Review under the same names. Apparently their rebranding effort only goes so far."
Politics

Schwarzenegger's Appeal of CA Games Bill Under Fire 63

The CA games bill struck down last week to cheers is currently in a holding pattern as Governor Schwarzenegger works on an appeal. His decision to fight the judiciary is coming under fire from several sources. The ESA has mounted a campaign against the initiative through its Videogame Voters Network. Even the media is objecting, with an opinion in the LA Times telling the governor not to bother. "Having made a career off fantasy violence, Gov. Arnold Schwarzenegger is an odd advocate for the regulation of violent video games. After all, his face (and, sometimes, his voice) helps to sell a number of electronic kill-fests. Yet there he was last week, pledging to appeal a federal judge's decision against a state law banning the sale of such games to minors."
Republicans

Karl Rove Resigning Aug 31 739

tetrahedrassface writes "According to CNN current Bush Administration political advisor Karl Rove will be resigning his post as senior political advisor at the end of August to spend more time with his family. Few if any prior senior political advisors to presidents have been the lightning rods for controversy that Mr. Rove has. Accused of running smear campaigns and celebrated for pioneering district level up campaigns that rely heavily on databases and fake grassroots origins, Mr Rove is one of the chief architects of the Republican Revolution."
Security

Strict German Computer Crime Law Now in Effect 226

SkiifGeek writes "With little fanfare, section 202c of the German computer crime laws came into effect over the weekend. Worryingly for Security professionals, the laws make the mere possession of (creates, obtains or provides access to, sells, yields, distributes or otherwise allows access to) many useful tools illegal. A similar law was proposed for the UK, however it was modified prior to passing through parliament due to the outcry from the industry. Phenoelit, KisMAC, the CCC, and the Month of PHP Bugs are just some of the relatively high profile projects and groups to have already taken measures to remove or modify content under this law."
The Internet

Net Neutrality Debate Crosses the Atlantic 277

smallfries writes "The network neutrality debate has raged on in the States for some time now. Now broadband providers in the UK have banded together to threaten the BBC, who plans to provide programming over 'their' networks. The BBC is being asked to cough up to pay for bandwidth charges, otherwise traffic shaping will be used to limit access to the iPlayer. 'As more consumers access and post video content on the internet - using sites such as YouTube - the ability of ISPs to cope with the amount of data being sent across their networks is coming under increasing strain, even without TV broadcasters moving on to the web. Analysts believe that ISPs will be forced to place stringent caps on consumers' internet use and raise prices to curb usage. Attempts have been made by players in the industry to form a united front against the BBC by asking the Internet Service Providers' Association to lead the campaign on the iPlayer issue. However, to date, no single voice for the industry has emerged. I thought that the monthly fee we pay already was to cover access ... but maybe it only covers the final mile and they need to be paid twice to cover the rest of the journey."
Privacy

China To Deploy World's Largest People Tracking Network 368

hackingbear writes "News.com reports that China is building the largest and most sophisticated people-tracking network in the world, all to track citizens in the city of Shenzhen. This network utilizes 20,000 intelligent digital cameras and RFID cards to keep track of the 12.4 million people living in the Southern port city. The key to the system is the new residency cards fitted with powerful computer chips. 'Data on the chip will include not just the citizen's name and address but also work history, educational background, religion, ethnicity, police record, medical insurance status and landlord's phone number. Even personal reproductive history will be included, for enforcement of China's controversial "one child" policy. Plans are being studied to add credit histories, subway travel payments and small purchases charged to the card.' While I lived in Shenzhen, there indeed were (and still are) plenty of crimes. One of my friend who lived at the 20th floor of a condo building in a nice neighborhood saw an intruder in the middle of one night while he was sleeping. Still, this will clearly raise the fear of human rights abuses. And ... 'one of the most startling aspects of this plan is that this project is mostly made possible by an American company with solid venture fundings.'"
The Internet

US Spy Agencies See Bloggers as Journalists 77

Sniper223 writes with a link to ABC's Blotter blog. That site observes that at least in the realm of US intelligence gathering, the 'are bloggers journalists' question is already decided. "Despite the rap that bloggers simply 'bloviate' and 'don't try to find things out,' as conservative newspaper columnist Robert Novak once sniffed, the Central Intelligence Agency (CIA) and the National Security Agency (NSA) have altered policies to indicate they're taking blogs seriously, and a growing number of public offices are actively reaching out to the blogosphere. The CIA recently updated its policies on Freedom of Information Act requests to allow bloggers to qualify for special treatment once reserved for old-school reporters. And last August, the NSA issued a directive to its employees to report leaks of classified information to the media — "including blogs," the order said."
Patents

Sharp Rise Seen in Chinese Patents 110

ianare writes "According to a report by the UN's intellectual property agency, the number of requests for patents in China grew by 33% in 2005 compared with the previous year. That gives it the world's third highest number behind Japan and the United States, the agency said. China's leaders have been urging companies to become more creative, and put more of their money into developing new technology. 'Made by China' rather than simply 'Made in China' will mean that the country's economic miracle stands a far better chance of lasting longer."
Security

DHS Plans Changes in Air Passenger Screening 154

narramissic writes "The Department of Homeland Security on Thursday announced plans to revamp its Secure Flight program, with the agency no longer assigning risk scores to passengers or using predictive behavior technology. In addition, the Transportation Security Administration, part of DHS, will have direct control of checking domestic passenger lists against terrorist watch lists, instead of the airlines, said DHS Secretary Michael Chertoff. Just the same Marc Rotenberg, executive director of privacy advocacy group the Electronic Privacy Information Center (EPIC), notes, air passengers still can't see the reasons why they're targeted for extensive searches or kept off flights, nor can they correct bad information on the terrorist watch lists. 'The problems with the watch list are still valid and are not going away,' said Rotenberg."
Censorship

Australia to Offer Widespread ISP-level Filtering 208

Phurge writes "According to a Sydney Morning Herald article, the Australia government has decided to take the controversial step of having internet service providers filter web content at the request of parents, in a crackdown on online bad language, pornography and child sex predators. 'The more efficient compulsory filtering of internet service providers (ISPs) was proposed in March last year by the then Labor leader, Kim Beazley. At the time, the Communications Minister, Helen Coonan, and ISPs criticised his idea as expensive. Three months later Senator Coonan announced the Government's Net Alert policy, which promised free filtering software for every home that wanted it. She also announced an ISP filtering trial to be conducted in Tasmania. That trial was scrapped. Today Mr Howard will hail the ISP filtering measure as a world first by any Government, and is expected to offer funding to help cover the cost. Parents will be able to request the ISP filter option when they sign up with an ISP. It will be compulsory to provide it. The measures will come into effect by the end of this month.'"
The Courts

Vote Swapping Ruled Legal 496

cayenne8 writes "During the 2000 election, some sites were set up for people across the nation to agree to swap votes, among them voteswap2000.com and votexchange2000.com. They were established mainly to benefit the third-party candidate Ralph Nader without throwing local elections to George Bush. The state of California threatened to prosecute these sites under criminal statues, and many of them shut down. On Monday the 9th Circuit Court of Appeals ruled that the vote-swap sites were legal (ruling here, PDF). The court held that '...the websites' vote-swapping mechanisms as well as the communication and vote swaps they enabled were constitutionally protected' and California's spurious threats violated the First Amendment. The 9th Circuit also said the threats violated the US Constitution's Commerce Clause.'"
Games

CA Game Bill Struck Down, Governor Vows Appeal 106

GamePolitics has the full story today on the removal of California's violent games law. A judge has found it unconstitutional after a protracted legal battle. The law was originally passed back in 2005. "The bill, championed by then-Assembly Speaker Leland Yee (D) was signed into law by Republican Gov. Arnold Schwarzenegger (left) on October 7th, 2005. The video game industry filed suit to block the law 10 days later. Judge Ronald Whyte issued a preliminary injunction on December 22nd, blocking the California law from its planned effective date of January 1st, 2006. Since then, both sides have been waiting for Judge Whyte's final ruling. Today it has come." The law's sponsor Leland Yee is quite disappointed by the ruling, of course, and Governor Schwarzenegger plans to appeal the decision.
Privacy

FBI Raids Home of Suspected NSA Leaker 608

During the hours that Congress was debating codifying the Bush administration's wiretapping by revising the FISA law, the Department of Justice was raiding the home of former Justice official Thomas M. Tamm to identify the person who first brought the illicit program to light: "The agents seized Tamm's desktop computer, two of his children's laptops and a cache of personal files... the raid was related to a Justice criminal probe into who leaked details of the warrantless eavesdropping program to the news media... James X. Dempsey of the Center for Democracy and Technology said the raid was 'amazing' and shows the administration's misplaced priorities: using FBI agents to track down leakers instead of processing intel warrants to close the [purported surveillance] gaps."
The Internet

Internet Radio's 'Second Chance' Bogging Down in House 105

An anonymous reader writes "Wired is reporting that the Internet Radio Equality Act is failing fast in the House, with negotiations breaking down over fair pricing for internet radio broadcasters. 'A legislative setback could make it harder to dislodge the new fees, which took effect last month after a federal appeals court refused to postpone the payment deadline. With the threat of congressional backlash fading, SoundExchange could find little incentive to budge from its current position ... SoundExchange has already proposed changes that could relieve small and custom-streaming sites from charges they could not possibly afford to pay, at least in the short term. Many expect a small-webcaster deal to be done by early September, when Congress goes back into session. But the deal on the table hasn't changed since SoundExchange extended an offer in May to charge them 10 percent of gross revenue under $250,000, or 12 percent of gross revenues over $250,000, with a revenue cap at $1.25 million.'" All very cushy for SoundExchange. Wired also points out that this is the same organization illegally lobbying for terrestrial radio royalties through 'third party' shell groups.
Privacy

House Approves Warrantless Wiretapping Extension 342

An anonymous reader writes "The House of Representatives voted 227-183 to update the Foreign Intelligence Surveillance Act (FISA) to allow warrantless wiretapping of telephone and electronic communications. The vote extends the FISA amendment for six months. 'The administration said the measure is needed to speed the National Security Agency's ability to intercept phone calls, e-mails and other communications involving foreign nationals "reasonably believed to be outside the United States." Civil liberties groups and many Democrats said it goes too far, possibly enabling the government to wiretap U.S. residents communicating with overseas parties without adequate oversight from courts or Congres.'"
United States

Diebold Voting Machines Vulnerable to Virus Attack 122

mcgrew writes "PC world is reporting that Diebold's super-popular voting machines are coming under even more scrutiny. A security review has revealed that they are simply 'not secure enough to guarantee a trustworthy election.' This is according to a report from the University of California Berkley, who did a two-month top-to-bottom review of all California e-voting systems. That's a subject we've discussed before, but Diebold's setup is truly unsettling. An attacker with access to a single machine could disrupt or change the outcome of an entire election using viruses. From the article: 'The report warned that a paper trail of votes cast is not sufficient to guarantee the integrity of an election using the machines. "Malicious code might be able to subtly influence close elections, and it could disrupt elections by causing widespread equipment failure on election day," it said. The source-code review went on to warn that commercial antivirus scanners do not offer adequate protection for the voting machines. "They are not designed to detect virally propagating malicious code that targets voting equipment and voting software," it said.' Oddly, my state of Illinois, long known for election fraud, has paper trails (at least in my county) and according to Black Box Voting doesn't use Diebold anywhere."
The Almighty Buck

Decision on Virtual Taxation Coming Soon 52

njkid1 writes with an article at GameDaily that once again tackles the thorny subject of taxing virtual goods. This month Congress is going to issue its report on the subject. What's in the report isn't certain as of yet, but their decision could have an enormous impact on the future of massively multiplayer games in the United States. From the article: "Economists estimate the sale of virtual goods grosses somewhere around $30 million in the United States alone, and up to $880 million worldwide, but no one knows for sure. With this economy's growth factor averaging about 10 to 15 percent every month, it's no wonder the government wants a piece of the action. Here's the bottom line: Any service or commodity bought or sold using real-world money is taxable. Therefore, transactions where players pay real money for in-game currency or virtual items are taxable events. It doesn't matter that the items don't exist in reality, since it doesn't take much creativity to argue that the sale is attached to a service, such as the act of acquiring the currency or item. This being the case, it was never a question of WOULD the U.S. government step in with taxes, but a question of WHEN and HOW."

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