Posts

Monday Morning: Swivel, Heads

Somebody out there knows what this tune means in my household. For our purposes this Monday morning, it’s a reminder to take a look around — all the way around. Something might be gaining on you.

Let’s look…

Android users: Be more vigilant about apps from Google Play
Better check your data usage and outbound traffic. Seems +300 “porn clicker” apps worked their way around Google Play’s app checking process. The apps rack up traffic, fraudulently earning advertising income; they persist because of users’ negligence in vetting and monitoring downloaded apps (because Pr0N!) and weakness in Google’s vetting. If this stuff gets on your Android device, what else is on it?

IRS’ data breach bigger than first reported
This may also depend on when first reporting occurred. The number of taxpayers affected is now ~700,000 according to the IRS this past Friday, which is considerably larger than the ~464,000 estimated in January this year. But the number of taxpayers affected has grown steadily since May 15th last year and earlier.

Did we miss the ‘push for exotic new weapons’?
Nope. Those of us paying attention haven’t missed the Defense Department’s long-running efforts developing new tools and weapons based on robotics and artificial intelligence. If anything, folks paying attention notice how little the investment in DARPA has yielded in payoff, noting non-defense development moving faster, further, cheaper — a la SuitX’s $40K exoskeleton, versus decades-plus investment by DARPA in exoskeleton vaporware. But apparently last Tuesday’s op-ed by David Ignatius in WaPo on the development of “new exotic weapons” that may be deployed against China and Russia spawned fresh discussion to draw our attention to this work. THAT is the new development — not the weapons, but the chatter, beginning with the Pentagon and eager beaver reporter-repeaters. This bit here, emphasis mine:

Pentagon officials have started talking openly about using the latest tools of artificial intelligence and machine learning to create robot weapons, “human-machine teams” and enhanced, super-powered soldiers. It may sound like science fiction, but Pentagon officials say they have concluded that such high-tech systems are the best way to combat rapid improvements by the Russian and Chinese militaries.

Breathless, much? Come the feck on. We’ve been waiting decades for these tools and weapons after throwing billions of dollars down this dark rathole called DARPA, and we’ve yet to see anything commercially viable in the way of an exoskeleton in the field. And don’t point to SKYNET and ask us to marvel at machine learning, because the targeting failure rate is so high, it’s proven humans behind it aren’t learning more and faster than the machines are.

Speaking of faster development outside DARPA: Disney deploying anti-drones?
The Star Wars franchise represents huge bank — multiple billions — to its owner Disney. Control of intellectual property during production is paramount, to ensure fan interest remains high until the next film is released. It’s rumored Disney has taken measures to reduce IP poaching by fan drones, possibly including anti-drones managed by a security firm protecting the current production location in Croatia. I give this rumor more weight than the Pentagon’s buzz about exoskeletons on the battlefield.

Lickety-split quickies

That’s a wrap — keep your eyes peeled. To quote Ferris Bueller, “Life moves pretty fast. If you don’t stop and look around once in a while, you could miss it.”

Thursday: Thunder Much

[image: Thor's Battle Against the Jötnar by Mårten Eskil Winge, c. 1872, via Wikimedia]

[image: Thor’s Battle Against the Jötnar by Mårten Eskil Winge, c. 1872, via Wikimedia]

It’s Thor’s Day, the Norse god of thunder’s day. This dude has a really poor selection of images available until the 20th century, and most are commercial. Doesn’t say much about his powers, does it.

Speaking of powers, mine are tapped out. I have a massive, partially-completed timeline on the Flint water crisis scheduled to post at 9:00 a.m. EST. When you see it, you’ll understand why my thunder’s depleted. I’ll throw a couple eye-catching items here for now; use this as an open thread.

In case I forget: Skål!

North Korean military chief executed for corruption
NK’s execution of Army General Ri Yong-Gil seems really oddly timed within a week of NK’s satellite launch. Makes one wonder if the launch and the execution were related. The termination is attributed to Kim Jong-Un’s continued efforts at retaining power.

Hundreds of thousands of stolen Social Security numbers used to attack IRS
Where the heck did hackers get 464,000 Social Security numbers? And how the heck did they use 101,000 of them to hammer away at the IRS to obtain e-pin number for filings? The IRS says no one’s personal taxpayer data has been compromised, nor were any filings messed up in this automated mass attack last month.

Comcast pleads with ISP customers in Atlanta
Looks like somebody’s nervous about Google Fiber coming to Atlanta, cutting into their broadband market. A pity, that, should have offered better customer service and more competitive pricing. If Comcast had already delivered these, there’d be no reason for Google to bother in that market.

Absolut-ly profitable year ahead for Pernod Ricard
Huh. I guess it makes sense, with the world in such upheaval that booze would be profitable. Pernod Ricard’s projections of one to three percent growth this year remain unchanged as the second-largest distiller in the world names a new leader for its North American business.

By Thor’s hammer…it’s tequila time somewhere. What’s the old Norse word for booze?

Thursday Morning: Better than a Week

You know the joke: 4:30 p.m. is better than an hour away from 5:00 p.m., right? Thursday is better than a week away from the weekend. For folks traveling home for the Lunar New Year holiday in China, there are four days left to get home, and the train stations are crazy-full. But today is better than five days away from family and friends.

Goldman Sachs questions capitalism
YEAH. I KNOW. I did a double-take when I read the hed on this piece. In a GS analysts’ note they wrote, “There are broader questions to be asked about the efficacy of capitalism.” They’re freaking out because the market isn’t acting the way it’s supposed to, where new entrants respond to fat margins generated by first-to-market or mature producers.

I wonder how much longer it will take them to realize they killed the golden goose with their plutocratic rewards for oligopolies? How long before they realize this isn’t capitalism at all?

Whistleblower tells Swiss (and banks) to get over themselves on whistleblowing
Interviewed last week, former UBS banker Bradley Birkenfeld said, “We have to make some changes in Switzerland — it’s long overdue … The environment there is hostile toward people exposing corruption.” Birkenfeld’s remarks prod Swiss lawmakers currently at work on whistleblowing legislation. When passed, the law is not expected to offer protections employees have in the U.S. and the UK (and we know those are thin and constantly under attack). But perhaps the law will prevent cases like Nestle SA’s suit against a former executive who disclosed food safety risks. That suit and another alleging a former UBS employee libeled the bank may be affected assuming the EU adopts the same approach toward whistleblowing and corruption reduction.

“Computer failure” at IRS halts acceptance of tax return e-filings
No details about the nature of the “computer failure” apart from a “hardware problem” or “hardware failure” appeared in any reports yesterday afternoon and overnight. The IRS expects to have repairs completed today to allow e-filings once again; filings already submitted are not affected.

FBI agent on new car purchases: entering ‘wild, wild west’
Four cybersecurity experts spoke at a meeting of the Automotive Press Association in Detroit yesterday, one of whom was an FBI cyber squad agent. The feedback from the speakers wasn’t reassuring, apart from the observation by a specialist from a start-up automotive cyber security firm that they did not know of a “real world incident where someone’s vehicle was attacked and taken over remotely by someone hacking into the vehicle.” A lawyer whose firm handles automotive industry cyber threats undercut any feeling of relief with an observation that judges aren’t savvy about cyber crime on vehicles. I think I’ll stick with my old school car for a while longer.

The Repair Coalition formed to protect the ‘Right to Repair’
Speaking of old school car, I hope I can continue to get it repaired in the future without worrying about lawsuits for copyright violations. We’ve already seen tractor owners in conflict with John Deere over repairs, and exemptions to copyright for repair have been granted only after tedious and costly effort, and then to the farmer only, not to their mechanic. Hence the emergence of The Repair Coalition, which takes aim at repealing the DMCA’s Section 1201 — terms in it make it illegal to “circumvent a technological measure that effectively controls access to a work protected under [the DMCA].”

It’s long been an American ethic to “Use it up, wear it out, make do, or do without,” an ethic we need to restore to primacy if we are to reduce our CO2 footprint. Repairing rather than tossing goods is essential to our environmental health, let alone a necessity when wages for lower income workers remain stagnant.

That’s a wrap — I could go on but now we’re better than a day away from Friday. Whew.

If the IRS Obtains E-Mails without a Warrant, Then Will People Freak Out?

The ACLU recently FOIAed the IRS to find out whether its investigative branch gets warrants before rifling through people’s stored email. While the FOIA didn’t answer the question definitively (IRS lawyers have clearly discussed it), it appears that the IRS still trains people that — except in the Sixth Circuit, where an Appeals Ruling prohibits its — the Agency handbook still tells investigators they can rifle away.

Accordingly, in 2010 the Sixth Circuit Court of Appeals decided in United States v. Warshak that the government must obtain a probable cause warrant before compelling email providers to turn over messages.

However, the IRS hasn’t told the public whether it is following Warshak everywhere in the country, or only within the Sixth Circuit.

[snip]

Then came Warshak, decided on December 14, 2010. The key question our FOIA request seeks to answer is whether the IRS’s policy changed after Warshak, which should have put the agency on notice that the Fourth Amendment does in fact protect the contents of emails. The first indication of the IRS’s position, from an email exchange in mid-January 2011, does not bode well. In an email titled “US v. Warshak,” an employee of the IRS Criminal Investigation unit asks two lawyers in the IRS Criminal Tax Division whether Warshak will have any effect on the IRS’s work. A Special Counsel in the Criminal Tax Division replies: “I have not heard anything related to this opinion. We have always taken the position that a warrant is necessary when retrieving e-mails that are less than 180 days old.” But that’s just the ECPA standard. The real question is whether the IRS is obtaining warrants for emails morethan 180 days old. Shortly after Warshak, apparently it still was not.

The IRS had an opportunity to officially reconsider its position when it issued edits to the Internal Revenue Manual in March 2011. But its policy stayed the same: the Manual explained that under ECPA, “Investigators can obtain everything in an account except for unopened e-mail or voice mail stored with a provider for 180 days or less using a [relevant-and-material-standard] court order” instead of a warrant. Again, no suggestion that the Fourth Amendment might require more.

[snip]

Finally, to the present: has the IRS’s position changed this tax season? Apparently not. The current version of the Internal Revenue Manual, available on the IRS website, continues to explain that no warrant is required for emails that are stored by an ISP for more than 180 days. Apparently the agency believes nothing of consequence has changed since ECPA was enacted in 1986, or the now-outdated Surveillance Handbook was published in 1994.

I’ve long wondered what it would take to get average Americans infuriated about the gutting of the Fourth Amendment.

Perhaps this — the strong evidence that the government’s tax collector can access your emails directly from your ISP without a warrant in most places (I’m in the Sixth but my emails are stored in Google servers elsewhere, so I wonder if even I am protected!) — will finally piss people off.