Why Big Tech, Cops, and Spies Were Made for One Another

THE TECHLASH HAS finally reached the courts. Amazon’s in court. Google’s in court. Apple’s under EU investigation. The French authorities just kicked down Nvidia’s doors and went through their files looking for evidence of crimes against competition. People are pissed at tech: about moderation, about monopolization, about price gouging, about labor abuses, and — everywhere and always — about privacy.

From experience, I can tell you that Silicon Valley techies are pretty sanguine about commercial surveillance: “Why should I care if Google wants to show me better ads?” But they are much less cool about government spying: “The NSA? Those are the losers who weren’t smart enough to get an interview at Google.”

And likewise from experience, I can tell you that government employees and contractors are pretty cool with state surveillance: “Why would I worry about the NSA spying on me? I already gave the Office of Personnel Management a comprehensive dossier of all possible kompromat in my past when I got my security clearance.” But they are far less cool with commercial surveillance: “Google? Those creeps would sell their mothers for a nickel. To the Chinese.”

What are they both missing? That American surveillance is a public-private partnership: a symbiosis between a concentrated tech sector that has the means, motive, and opportunity to spy on every person in the world and a state that loves surveillance as much as it hates checks and balances.

Big Tech, cops, and surveillance agencies were made for one another.

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The EU Could Push its Private Message Ban as Early as Next Week

The EU is getting ever closer to pushing through the legislation known among critics as “chat control” – officially, Child Sexual Abuse Regulation, CSAR – and is hoping to reach a deal on this within the bloc as early as next week.

One of those who have been consistently opposed to the controversial upcoming rules, a German member of European Parliament (MEP) and lawyer Patrick Breyer, has reacted by warning once again that regardless of some minor changes if passed, the bill would effectively spell the end of proper encryption and private messaging in the EU.

Instead, the implication is, that CSAR would usher in the era of indiscriminate mass surveillance in this part of the digital space.

Warning that a recent “minor concession” the EU member-states have managed to agree on was a bid to finally come up with a majority and push the plans over the top, Breyer, referring to the proposal as “chat control 2.0,” calls it an “unprecedented” (at least for the EU) example of mass surveillance.

The summary of the regulation is that online services that provide messaging and chat would, going forward, have to implement automatic scanning of all private text and images – looking for potential abusive content, and then let the EU know about it.

There is no shortage of controversy and misgivings here, with two clearly standing out: once in place, what can this infrastructure be used for next (if politicians decide) – and the other, how are online platforms even supposed to make it work accurately and fairly, technically speaking?

Now, we are hearing that the EU Council is looking to “soften the blow,” at least rhetorically, but saying that the scanning would at first only apply to “previously classified CSAM (child sexual abuse material)” – but then later still expand it to everything.

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ISPs Are Still Ripping Off A COVID Broadband Discount Program

During peak pandemic, the FCC launched the Emergency Broadband Benefit (EBB program), giving lower income Americans a $50 ($75 for those in tribal lands) discount off of their broadband bill. Under the program, the government gave money to ISPs, which then doled out discounts to users if they qualified.

But (and I’m sure this will be a surprise to readers) ISPs erected cumbersome barriers to actually getting the service, or worse, actively exploited the sign up process to force struggling low-income applicants on to more expensive plans once the initial contract ended. Very much in character.

The EBB was rebranded the Affordable Connectivity Program (ACP) as part of the Infrastructure Bill (the payout to the general public was dropped to $30 a month). But late last year, the FCC Inspector General issued a report saying that ISPs and wireless carriers were consistently and artificially inflating the number of qualified users in order to take taxpayer money they didn’t deserve.

A year has gone by, and another FCC Office of the Inspector General (OIG) report has emerged noting that, yes, ISPs and wireless providers are still ripping the program off. When a low-income user stops using a provider’s broadband service, the ISP is supposed to report this back to the FCC so that funding can be repurposed for folks who actually need it.

The OIG found that’s very often… not happening, and that dozens of ISPs were exploiting the FCC’s lack of follow through:

“We made a startling and troubling discovery: dozens of participating mobile
broadband providers de-enrolled few, if any, ACP subscribers for non-usage and, like Provider X, claimed reimbursement for all or nearly all their ACP subscribers (the suspect providers).”

The OIG also found that a large number of ISPs continue to take taxpayer money for users they never actually served in the first place; part of an ongoing investigation they’ll provide more details on down the road.

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Canada Plots to Increase Online Regulation, Target Search and Social Media Algorithms

Canada is taking steps towards potentially intrusive regulation of artificial intelligence as it pertains to its application in search and social media services. The government’s intentions have been revealed, which includes AI application way beyond the realm of generative AI similar to OpenAI’s ChatGPT. Industry giants such as Google and Facebook, who utilize AI for search results, translation provisions, and customer taste recognition respectively, are among the contenders lined up in the regulatory intent with the pro-censorship government intent on having a say on how these algorithms work.

The information comes by way of Minister François-Philippe Champagne of Innovation, Science and Economic Development Canada (ISED) in a letter submitted to the Industry committee analyzing Bill C-27—the privacy reform and AI regulation bill. Precise amendments remain shielded from scrutiny, however, as the governmental body keeps the proposed changes under wraps.

We obtained a copy of the original bill for you here.

The existing framework in Bill C-27 leaves the identification of AI mechanisms that can be classified into the “high-impact” category to future regulatory proceedings.

Bill C-27, by treating search and social media results as “high-impact” systems, is likely to raise eyebrows as the government’s push towards regulating technology has so far been assertive of greater control over content and therefore speech.

Non-compliance, under this proposal, may invite penalties proportional to 3% of gross global revenues.

The legislation veers into controversial territory by infusing the regulation of content moderation and discoverability prioritization into the matrix, in unexpected ways. It attempts to parallel these issues to bias accusation during recruitment or when used by law enforcement, invoking substantial surprise. Consequently, Canada’s rules, although they claim to align more closely with the EU, seem to set the country apart, leaning more towards censorship and less towards free speech.

The news comes on the back of Canada’s more recent online regulations that have raised alarm.

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Biden Criticizes Online “Misinformation,” Compares The Internet To The Unregulated Printing Press

In an interview with ProPublica, released on Sunday, President Joe Biden touched upon the technological advancements and their pivotal role in shaping societal discourse and information sharing. While discussing Elon Musk’s influence over X and its policies, President Biden seemed to delve into concerns about “misinformation” and its prevalence on online platforms.

When asked by John Harwood about Elon Musk’s impact on X and its potential contribution to misinformation, President Biden responded by exploring the notion of technological evolution and what he sees as its consequences on society.

He said, “Yeah, it does. Look, one of the things that I said to you when I thought I wasn’t going to run, I was going to write a book about the changes taking place. And most of this directed over the years were these fundamental changes in society by changing technology, Gutenberg, printing and the printing press changed the way Europeans could talk to one another, all the way to today.”

Biden’s mention of the Gutenberg printing press highlights its revolutionary impact on communication among Europeans. Drawing parallels between the advent of the printing press and the current digital age, the President seemed to imply that just as the printing press had long-lasting effects on communication and information dissemination, the internet and online platforms have a similar transformative effect on contemporary society.

While the President (this time at least) stopped short of explicitly calling for censorship, his comments could be interpreted as subtly highlighting concerns around the unregulated nature of online information, potentially opening a gateway to discussions on tighter control and regulation of internet content.

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The State against Anonymity

In the last century, states have had great control over channels of media. In most of the West, lobbying groups and cartels working with “liberal” and “democratic” governments regulated who could broadcast while governments, with their endless pools of money and political force, competed alongside private, or foreign, establishments. South Africa banned television entirely, and then after legalizing it in the ’70s, the industry was still controlled by the state.

All media in the Soviet Union was centralized and controlled by the state immediately after the October Revolution—the Bolshevik leaders understood the importance of media control. Every state in the last century has had some grip over the country’s media, propagating favorable narratives and restricting the unfavorable to maintain control over the population.

Traditional media centralization by the state was then rendered obsolete with the popularization of the Internet. As the Internet and its related technology developed, decentralization became more pronounced and widespread. When anyone can start a podcast on a plethora of websites with anyone else in the world who has the technology, or when miniature documentaries and video essays can be produced and uploaded by anyone to anywhere that accepts the format, the state-operated or state-supported media that dominated the last century becomes effectively out of date. The new competition was too dynamic, adaptive, decentralized, and evasive for the old system to outcompete, outproduce, or outright ban.

Traditional media wasn’t the only thing affected by the Internet. Chat boards, forums, and other means of direct communication undermined multiple key legitimizers of the state, specifically academics and journalists. Barring local rules and guidelines, anyone was free to question and discuss any aspect of academia, usually under the freedom afforded by anonymity.

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Back from the Dead: Senate Democrats Urge FCC to Reinstate ‘Net Neutrality’

Twenty-seven Senate Democrats have written a letter urging the Federal Communications Commission (FCC) to reinstate Title II common carrier regulations on internet service providers, a regulatory move marketed to the public as “net neutrality,” little more than two weeks after the Biden White House appointed a new commissioner to the agency.

The FCC has had an extended 2-2 deadlock between Republican and Democrat commissioners until this month, due to the White House’s repeated failed attempts to confirm a partisan progressive, Gigi Sohn, to the agency. The administration eventually relented, withdrawing Sohn’s nomination and submitting a new candidate, Anna Gomez, who was confirmed by a Senate vote earlier this month.

Democrats in the Senate are now urging the FCC, with its new Democrat majority, to revive an old hobby-horse of the party: Title II regulations on internet service providers, a measure progressives call “net neutrality.” The letter’s signatories include Sens. Dianne Feinstein (D-CA), Ron Wyden (D-OR), Cory Brooker (D-NJ), Elizabeth Warren (D-MA), Amy Klobuchar (D-MN), and Mazie Hirono (D-HI) among others.

The regulations were in place for one year under President Obama, before being undone under President Trump early in his administration.

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These Are The Most Prevalent Forms Of Cyber Crime

Owed in part to the pandemic-induced increased shift from offline to online, cyber attacks have become a lucrative avenue for criminals in recent years. 

As Florian Zandt reports, Statista experts estimate global losses of $7.1 trillion in 2022 compared to 2019’s $1.2 trillion, with crypto exchange and protocol hacks by prolific groups like the state-affiliated North Korean hacking team Lazarus dramatically increasing in the years 2021 and 2022 according to Chainalysis. While the number of hacks and the damage caused has been on a constant uptick, the types of cyber attacks have shifted dramatically in the past five years.

In 2017, roughly 42 percent of recorded cyber crimes were connected to non-payment or non-delivery.

This category includes purchases made via fraudulent online stores that never materialize and promised payments never arriving.

Personal data breaches and phishing scams constituted an additional 28 percent, while identity theft, credit card fraud and other cyber attacks had a relatively low share in all reported cyber crimes.

Five years later, phishing has become the most prevalent cyber attack. This past year, more than half of criminal online activity was connected to this long-running type of cyber crime.

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UK Quietly Passes “Online Safety Bill” Into Law

Buried behind the Brand-related headlines yesterday, the British House of Lords voted to pass the controversial “Online Safety Bill” into law. All that’s needed now is Royal assent, which Charles will obviously provide.

The bill’s (very catchy) long-form title is…

A Bill to make provision for and in connection with the regulation by OFCOM of certain internet services; for and in connection with communications offences; and for connected purposes.

…and that’s essentially it, it hands the duty of “regulating” certain online content to the UK’s Office of Communications (OfCom).

Ofcom Chief Executive Dame Melanie Dawes could barely contain her excitement in a statement to the press:

“Today is a major milestone in the mission to create a safer life online for children and adults in the UK. Everyone at Ofcom feels privileged to be entrusted with this important role, and we’re ready to start implementing these new laws.”

As always with these things, the bill’s text is a challenging and rather dull read, deliberately obscure in its language and difficult to navigate.

Of some note is the “information offenses” clause, which empowers OfCom to demand “information” from users, companies and employees, and makes it a crime to withhold it. The nature of this “information” is never specified, nor does it appear to be qualified. Meaning it could be anythingand will most likely be used to get private account information about users from social media platforms.

In one of the more worrying clauses, the Bill outlines what they call “communications offenses”Section 10 details crimes of transmitting “Harmful, false and threatening communications”.

It should be noted that sending threats is already illegal in the UK, so the only new ground covered here is “harmful” and/or “false” information, and the fact they feel the need to differentiate between those two things should worry you.

After all, the truth can definitely be “harmful”…Especially to a power-hungry elite barely controlling an angry populace through dishonest propaganda.

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NEW YORK TIMES DOESN’T WANT ITS STORIES ARCHIVED

THE NEW YORK TIMES tried to block a web crawler that was affiliated with the famous Internet Archive, a project whose easy-to-use comparisons of article versions has sometimes led to embarrassment for the newspaper.

In 2021, the New York Times added “ia_archiver” — a bot that, in the past, captured huge numbers of websites for the Internet Archive — to a list that instructs certain crawlers to stay out of its website.

Crawlers are programs that work as automated bots to trawl websites, collecting data and sending it back to a repository, a process known as scraping. Such bots power search engines and the Internet Archive’s Wayback Machine, a service that facilitates the archiving and viewing of historic versions of websites going back to 1996.

The Internet Archive’s Wayback Machine has long been used to compare webpages as they are updated over time, clearly delineating the differences between two iterations of any given page. Several years ago, the archive added a feature called “Changes” that lets users compare two archived versions of a website from different dates or times on a single display. The tool can be used to uncover changes in news stories that have been made without any accompanying editorial notes, so-called stealth edits.

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