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France’s Emergency Powers: The New Normal

Just Security:

The new, six-month extension of emergency powers creates France’s longest state of emergency since the Algerian War in the 1950s. The new law restores or extends previous emergency provisions, such as empowering police to carry out raids and local authorities to place suspects under house arrest without prior judicial approval. It also expands those powers, for example allowing the police to search luggage and vehicles without judicial warrants. In addition it reinstates warrantless seizures of computer and cellphone data that France’s highest legal authority had struck down as unconstitutional, adding a few restrictions that still fall short of judicial oversight.

In separate reports in February, Human Rights Watch and Amnesty International documented more than three dozen cases in which the use of these emergency powers violated universal rights to liberty, privacy, or freedoms of movement, association and expression. The two groups also found that the emergency acts lost suspects jobs, traumatized children, and damaged homes. The vast majority of those targeted were Muslims. Those interviewed said the actions left them feeling stigmatized and eroded their trust in the French authorities. The latest version of the emergency law risks compounding these effects.

The decisions to advance unconstitutional and discriminatory ‘security’ laws and policies following serious crimes threaten to undermine democracies while potentially strengthening states. But worryingly there are fewer and fewer loud voices for the rough and tumble consequences of maintaining a democratic form of governance as opposed to those who assert that a powerful state apparatus is needed if normalcy is to exist. The result may be the sleepwalking from governments for and by the people, to those that protect citizen-serfs and harshly discriminate against difference.

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WSJ Reporter: Homeland Security Tried to Take My Phones at the Border

Motherboard:

“Travel “naked” as one encryption expert told me. If any government wants your information, they will get it no matter what,” she adds.

Something has gone terribly awry if this is the advice that journalists working for international news outlets are giving to those entering or exiting the United States.

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Judge Orders Yahoo to Explain How It Recovered ‘Deleted’ Emails in Drugs Case

Motherboard:

After receiving requests from UK police and the FBI in September 2009 and April 2010, Yahoo created several “snapshots” of the email account, preserving its contents at the time—and revealing the messages. But the defense alleges there should have been nothing for law enforcement to find.

Yahoo’s explanation is that the recovered emails were copies created by the email service’s “auto-save” feature, which saves data in case of a loss of connectivity, for example. The company has filed several declarations from a number of its staff, but the defense said some of those contradicted each other, and it wants more information.

The question of when, and for whom, data has been deleted or made inaccessible is often based on power and knowledge. And end-users tend to lack both.

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Yahoo is expected to confirm a massive data breach, impacting hundreds of millions of users

Recode:

But there’s nothing smooth about this hack, said sources, which became known in August when an infamous cybercriminal named “Peace” claimed on a website that he was selling credentials of 200 million Yahoo users from 2012 on the dark web for just over $1,800. The data allegedly included user names, easily decrypted passwords and personal information like birth dates and other email addresses.

It will be curious (and worrying) to see whether this was a one-off breach or persistent. And, if persistent, whether the data also includes information from users of services like Tumblr.

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iMessage apps offer more layers of encryption, but do you need one?

Macworld:

Adding encryption you control inside an iMessage transmission can provide more assurances that your messages remain unreadable to others, but there a whole lot of provisos you need to consider before accepting this as a higher level of security.

It’s nice to see reviewers of applications present the concerns, first, before what might be nice about new ‘security’ apps. Namely that crypto is hard to do, not all crypto is the same, and there are basic questions concerning the reliability of the companies providing the security assurance.

More broadly, that applications can route double-encrypted messages through Apple Messages will not necessarily enhance security but, instead, mean that comunications are only as secure as the application applying the second layer of security. Apple is a great big target that everyone wants to penetrate and so Apple hires terrific technical and legal staff to keep government and others at bay. Can we expect that app developers selling encryption apps for a dollar or two will possess an equivalent commitment and competency?

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Why wearable fitness trackers offer no weight-loss ‘advantage’

CBC:

Both groups had significant improvements in body composition, fitness, physical activity and diet, with no significant difference between groups, they said.

In total, 75 per cent of participants completed the study.

Estimated average weights for the group wearing trackers were 212 pounds at study entry and 205 pounds at 24 months, resulting in an average weight loss of about 7.7 pounds.

In comparison, those in the website group started out at 210 pounds when the study began and weighed in at 197 pounds at 24 months, for an average loss of 13 pounds.

Still, Jakicic said in an email: “We should not send the message that these wearable technologies do not help with weight loss — there were some in our study for whom it made a difference.

I would argue that the ‘advantage’ that the trackers offer is to motivate people who otherwise might be less mindful on a regular basis to increase their daily activity. The headline of the article directly contradicts the point made by the study’s author: that the message should not be that wearables do not help with weight loss.

Perhaps one of the broader issues is that weight loss is predominantly associated with dietary changes. Fitness trackers focus on activity. As such, meeting fitness tracker goals (absent food monitoring) can lead to reduced weight losses as compared to those engaged in more comprehensive health and diet tracking.

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NYPD can’t count cash they’ve seized because it would crash computers

From Ars Technica:

The New York City Police Department takes in millions of dollars in cash each year as evidence, often keeping the money through a procedure called civil forfeiture. But as New York City lawmakers pressed for greater transparency into how much was being seized and from whom, a department official claimed providing that information would be nearly impossible—because querying the 4-year old computer system that tracks evidence and property for the data would “lead to system crashes.”

…

Even with the system, however, the NYPD’s Assistant Deputy Commissioner Robert Messner told the New York City Council’s Public Safety Committee that the department had no idea how much money it took in as evidence, nor did it have a way of reporting how much was seized through civil forfeiture proceedings—where property and money is taken from people suspected of involvement in a crime through a civil filing, and the individuals whom it is seized from are put in the position of proving that the property was not involved in the crime of which they were accused.

So NYPD has spend millions on an expensive database that prevents them from conducting accountability queries on seized evidence? That’s an interesting design choice.

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Coffee & Power – The best coffee shops to work from when you travel.

This is one of the most amazing websites that I’ve come across: for those of us who routinely work from coffee shops, it lists whether or not there are plentiful power outlets as well as passwords for wifi.

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That sinking feeling: Why the bankruptcy of shipping giant Hanjin has so many companies worried

Salon:

Hanjin accounts for about 3 percent of shipping containers globally. It’s big enough that U.S. retailers are worried that delays will shorten the busy holiday shopping season as they wait for goods to arrive. And U.S. exporters now anticipate a 50 percent hike in shipping fees, according to Peter Friedmann, executive director of the U.S. Agricultural Transportation Coalition.

There are lots of reasons for the bankruptcy – including lots of extra ships being in the water right now and a slowdown in the global economy – but this should be cause for concern if only because it showcases the magitude of some of the world’s economic issues right now.

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IMSI Catcher Report Calls for Transparency, Proportionality, and Minimization Policies – The Citizen Lab

IMSI Catcher Report Calls for Transparency, Proportionality, and Minimization Policies:

The Citizen Lab and CIPPIC are releasing a report, Gone Opaque? An Analysis of Hypothetical IMSI Catcher Overuse in Canada, which examines the use of devices that are commonly referred to as ‘cell site simulators’, ‘IMSI Catchers’, ‘Digital Analyzers’, or ‘Mobile Device Identifiers’, and under brand names such as ‘Stingray’, DRTBOX, and ‘Hailstorm’. IMSI Catchers are a class of of surveillance devices used by Canadian state agencies. They enable state agencies to intercept communications from mobile devices and are principally used to identify otherwise anonymous individuals associated with a mobile device and track them.

Though these devices are not new, the ubiquity of contemporary mobile devices, coupled with the decreasing costs of IMSI Catchers themselves, has led to an increase in the frequency and scope of these devices’ use. Their intrusive nature, as combined with surreptitious and uncontrolled uses, pose an insidious threat to privacy.

This report investigates the surveillance capabilities of IMSI Catchers, efforts by states to prevent information relating to IMSI Catchers from entering the public record, and the legal and policy frameworks that govern the use of these devices. The report principally focuses on Canadian agencies but, to do so, draws comparative examples from other jurisdictions. The report concludes with a series of recommended transparency and control mechanisms that are designed to properly contain the use of the devices and temper their more intrusive features.

I’m not going to lie: after working on this with my colleague, Tamir Israel, for 12 months it was absolutely amazing to publicly release this report. What started as a 1,500 word blog post meant to put defense lawyers on notice of some new legislation transmogrified into a 130 page report that is the most comprehensive legal analysis of these devices that’s been done to date. It’s going to be interesting to see what the effects of it are for cases currently being litigated in Canada and around the world!