DOJ | KitGuru https://www.kitguru.net KitGuru.net - Tech News | Hardware News | Hardware Reviews | IOS | Mobile | Gaming | Graphics Cards Thu, 10 Mar 2022 13:54:40 +0000 en-US hourly 1 https://wordpress.org/?v=6.4.3 https://www.kitguru.net/wp-content/uploads/2021/06/cropped-KITGURU-Light-Background-SQUARE2-32x32.png DOJ | KitGuru https://www.kitguru.net 32 32 Microsoft’s Activision Blizzard acquisition is being investigated for insider trading https://www.kitguru.net/gaming/matthew-wilson/microsofts-activision-blizzard-acquisition-is-being-investigated-for-insider-trading/ https://www.kitguru.net/gaming/matthew-wilson/microsofts-activision-blizzard-acquisition-is-being-investigated-for-insider-trading/#respond Wed, 09 Mar 2022 16:13:58 +0000 https://www.kitguru.net/?p=553207 Microsoft's acquisition of Activision Blizzard was already complicated. Not only is it the largest merger in gaming history, but the latter company is also dealing with a number of lawsuits. Now, another legal battle has been added to the pile, with the US Justice Department investigating potential insider trading connected to the $70 billion acquisition …

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Microsoft's acquisition of Activision Blizzard was already complicated. Not only is it the largest merger in gaming history, but the latter company is also dealing with a number of lawsuits. Now, another legal battle has been added to the pile, with the US Justice Department investigating potential insider trading connected to the $70 billion acquisition deal. 

The US Justice Department and SEC are investigating allegations of insider trading connected to Microsoft's proposed $70 billion buyout of Activision Blizzard. As reported by IGN, three investors put around $108 million into Activision Blizzard just a few days before the Microsoft deal was announced. At that time, share prices had taken a massive dip, but due to the acquisition, those shares ended up being worth much more, leading to a possible $100 million profit for the three involved.

Activision Blizzard shares had been sliding consistently throughout the second half of 2021, but the Microsoft deal ended up being a life raft for investors, valuing shares at $95 each – a decent premium over the stock market price at the time.

The three people involved include former 20th Century Fox CEO, Barry Diller, Dreamworks co-founder, David Geffen and Alexander von Furstenberg, the son of a prince. All three are linked to Activision head, Bobby Kotick, indicating that perhaps these three were tipped off about the deal, allowing them to invest and turn a quick profit.

The investigation is on-going and so far, Microsoft and Activision Blizzard have not commented on the situation publicly. Currently, the Microsoft and Activision Blizzard acquisition deal is going through regulatory investigations as well. Currently, Microsoft expects to complete the deal in 2023.

Discuss on our Facebook page, HERE.

KitGuru Says: This acquisition has somehow become more complicated. After the recent breakdown of Nvidia's acquisition of Arm, I wouldn't be too surprised to see the Activision Blizzard deal fall through for Microsoft. 

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The US Department of Justice begins antitrust legal battle against Google https://www.kitguru.net/channel/generaltech/matthew-wilson/the-us-department-of-justice-begins-antitrust-legal-battle-against-google/ https://www.kitguru.net/channel/generaltech/matthew-wilson/the-us-department-of-justice-begins-antitrust-legal-battle-against-google/#respond Tue, 20 Oct 2020 15:28:44 +0000 https://www.kitguru.net/?p=490677 Google has faced antitrust allegations all across the world, facing cases in Europe, Asia and other territories. Now, the US Department of Justice is also aiming at Google, filing a new antitrust lawsuit.  The US DOJ says Google has an unfair monopoly over search and search-related advertising. Android is also in the firing line, with …

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Google has faced antitrust allegations all across the world, facing cases in Europe, Asia and other territories. Now, the US Department of Justice is also aiming at Google, filing a new antitrust lawsuit. 

The US DOJ says Google has an unfair monopoly over search and search-related advertising. Android is also in the firing line, with the lawsuit taking issue with the mobile OS's terms and conditions, such as forcing phone manufacturers to include pre-installed Google apps on new devices.

Depending on the severity of the situation, the US could impose restrictions on Google, force a breaking up of various services and Google-owned businesses or this could all end in a series of monetary fines – which is the most common outcome.

This isn't the first time that Google has faced antitrust criticism in the US. As Engadget points out, the Federal Trade Commission filed a similar legal complaint against Google almost a decade ago, only for the matter to be settled out of court a couple of years later.

The status of this lawsuit will remain unclear until after the next US presidential election, at which point, updates on what's going on should start to flow again.

KitGuru Says: This could end up being Google's biggest antitrust battle yet. Ultimately though, one has to wonder if any real change will come out of it, as Google is likely going to continue remaining dominant in Search and mobile apps/services. 

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US DoJ cracks down on DRAM companies accused of stealing trade secrets from Micron https://www.kitguru.net/components/matthew-wilson/us-doj-cracks-down-on-dram-companies-accused-of-stealing-trade-secrets-from-micron/ https://www.kitguru.net/components/matthew-wilson/us-doj-cracks-down-on-dram-companies-accused-of-stealing-trade-secrets-from-micron/#respond Fri, 02 Nov 2018 13:21:30 +0000 https://www.kitguru.net/?p=393453 We've been hearing more and more reports surrounding corporate espionage in the tech industry over the last year. This time around, the US government is getting involved, with the Department of Justice cracking down on a company known as ‘Fujian Jinhua Integrated Circuit Company' and its DRAM partner, UMC, over the theft of trade secrets. …

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We've been hearing more and more reports surrounding corporate espionage in the tech industry over the last year. This time around, the US government is getting involved, with the Department of Justice cracking down on a company known as ‘Fujian Jinhua Integrated Circuit Company' and its DRAM partner, UMC, over the theft of trade secrets.

The Fujian Jinhua Integrated Circuit Company is based in China, while UMC is based in Taiwan. Both companies are being indicted under corporate espionage charges. Apparently, both are responsible for stealing Micron technology worth $9 billion. As a result, all US companies are banned from supplying either company with any goods.

In the DoJ's press release, we are told that “a grand jury in San Francisco has returned a multi-defendant indictment alleging economic espionage on the part of a state-owned Chinese company, a Taiwanese company and three Taiwan individuals”. This was all part of “an alleged scheme to steal trade secrets from Micron”, which is based in Idaho, USA.

According to the US government, Micron is worth around $100 billion and has a 20-25 percent share in the DRAM market, which china didn't have much of a foothold in until recently. The Department of Justice intents to “aggressively prosecute” any company found to be stealing trade secrets from US-based firms.

From the sounds of it, the Department of Justice suspects that Fujian Jinhua and UMC conspired to steal trade secrets from Micron as far back as early 2016. At that time, Chen Zhengkun was the General Manager and Chairman for a corporation that Micron acquired. He then moved on to become the president of a Micron subsidiary in Taiwan known as ‘MMT', which was responsible for manufacturing at least one of Micron's DRAM chips. Then in 2015, Chen resigned from MMT and “almost immediately” went to work at UMC. While there, he facilitated a cooperation agreement between UMC and Fujian Jinhua for the mass production of DRAM. Chen then later became the president of Fujian Jinhua, overseeing DRAM production.

After jumping ship from Micron's MMT subsidiary, Chen recruited several of his former employees to join him at UMC. It is alleged that those employees stole trade secrets upon leaving, bringing them straight to UMC to kickstart DRAM production. Of course, under US law, all people named in the indictment are presumed innocent until proven guilty. Once trial gets under way, a $5,000,000 fine could be imposed in addition to 10-years in prison for the theft of trade secrets. If convicted, each company involved will also face forfeiture of stolen documents in addition to more than a $20 billion fine.

This is not the only corporate espionage story we've come across in the semiconductor world over the last year. In May 2017, one former TSMC employee was arrested and charged with stealing trade secrets and selling them to China. That same situation popped up again with a different employee in September 2018.

KitGuru Says: It will be a while before this makes it to trial and we get a resolution but so far, it is a huge case. We'll be keeping an eye out for updates in the future. 

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Microsoft drops its lawsuit against US government following new transparency rules https://www.kitguru.net/channel/generaltech/matthew-wilson/microsoft-drops-its-lawsuit-against-us-government-following-new-transparency-rules/ https://www.kitguru.net/channel/generaltech/matthew-wilson/microsoft-drops-its-lawsuit-against-us-government-following-new-transparency-rules/#comments Tue, 24 Oct 2017 16:47:43 +0000 https://www.kitguru.net/?p=351500 Last year, we learned that Microsoft would be suing the US government over its repeated attempts to force the company to hand over ‘cloud data’  and keep it quiet through ‘secrecy orders’. At the time, Microsoft said that the actions of the US Justice Department were “unconstitutional”, arguing that users have a right to know …

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Last year, we learned that Microsoft would be suing the US government over its repeated attempts to force the company to hand over ‘cloud data’  and keep it quiet through ‘secrecy orders’. At the time, Microsoft said that the actions of the US Justice Department were “unconstitutional”, arguing that users have a right to know when their data is being accessed. Now this week, the lawsuit was dropped, after a new agreement was met.

This week, the US Department of Justice agreed to change the way data is obtained with warrants. Essentially, the government will be backing down on secrecy orders and in return, Microsoft will be dropping its case.

Microsoft’s chief legal officer, Brad Smith, explained the decision in a blog post published last night. The post reads: “After months advocating for the United States Department of Justice to change its practices, the Department of Justice (DOJ) today established a new policy to address these issues. This new policy limits the overused practice of requiring providers to stay silent when the government accesses personal data stored in the cloud. It helps ensure that secrecy orders are used only when necessary and for defined periods of time.”

Secrecy orders will still be used under specific circumstances, but at least the DOJ will be more careful about how often it uses these powers and have more stringent guidelines for when they are required. As you might expect, Microsoft is considering this a win for its legal team: “This is an important step for both privacy and free expression. It is an unequivocal win for our customers, and we’re pleased the DOJ has taken these steps to protect the constitutional rights of all Americans.”

KitGuru Says: Microsoft isn’t the only major tech company that has been butting heads with the US government in recent years. Apple also had its own public battle over encryption. With major corporations standing up for privacy rights, we should hopefully see changes for the better.

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U.S. DOJ and Facebook/WhatsApp may clash over encryption https://www.kitguru.net/gaming/security-software/jon-martindale/u-s-doj-and-facebookwhatsapp-may-clash-over-encryption/ https://www.kitguru.net/gaming/security-software/jon-martindale/u-s-doj-and-facebookwhatsapp-may-clash-over-encryption/#respond Mon, 14 Mar 2016 09:27:35 +0000 http://www.kitguru.net/?p=286802 As the case of the FBI against Apple continues to draw eyeballs and backing for both camps from various parties, Facebook and its WhatsApp service may have their own clash with the U.S. legal system. The Department of Justice is struggling with a case where a wiretap cannot be performed because of WhatsApp's encryption, which …

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As the case of the FBI against Apple continues to draw eyeballs and backing for both camps from various parties, Facebook and its WhatsApp service may have their own clash with the U.S. legal system. The Department of Justice is struggling with a case where a wiretap cannot be performed because of WhatsApp's encryption, which may see it attempt to force the company to weaken its security.

Over the past few weeks, discussions have been ongoing between the firms and the DOJ, “discussing how to proceed in a continuing criminal investigation in which a federal judge had approved a wiretap, but investigators were stymied by WhatsApp’s encryption,” as per the NewYorkTimes (via Ars).

whatsapplock

Source: Clicker

Unfortunately it's hard to confirm elements of this case, as the legal proceedings themselves are under lock and key – though it is believed to not be a terrorism related case. However it does involve the ‘problem' of strong, consumer ready encryption preventing law enforcement from reading communications they might otherwise have access too.

Much like Apple and other tech firms, WhatsApp has, over the years since the Edward Snowden revelations, been beefing up its security to better protect the content of its customer's messages from nefarious actors. While the aims of the DOJ and security services may be noble, as with the Apple and FBI case, weakening any security threatens all members of the service.

Discuss on our Facebook page, HERE.

KitGuru Says: At this time, that number stands at over a billion people. That would put a lot of them at risk if security were forcibly tampered with to help solve one case.

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U.S. government has 12 other iPhones it wants Apple to crack https://www.kitguru.net/gaming/security-software/jon-martindale/u-s-government-has-12-other-iphones-it-wants-apple-to-crack/ https://www.kitguru.net/gaming/security-software/jon-martindale/u-s-government-has-12-other-iphones-it-wants-apple-to-crack/#respond Tue, 23 Feb 2016 09:35:18 +0000 http://www.kitguru.net/?p=285117 The U.S. Justice Department (DOJ) is said to have as many as 12 other iPhones it wants Apple to crack open once it's finished with the FBI's device that currently has all parties involved in a legal dispute. Those smartphones are said to be unrelated and are not linked with suspected terrorists, though they are part …

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The U.S. Justice Department (DOJ) is said to have as many as 12 other iPhones it wants Apple to crack open once it's finished with the FBI's device that currently has all parties involved in a legal dispute. Those smartphones are said to be unrelated and are not linked with suspected terrorists, though they are part of various criminal investigations that have been ongoing for some time.

Along with the potential privacy concerns Apple has raised as part of the original request to hack the phone of one of those behind the San Bernardino attacks last year, this latest request is likely another reason it has resisted the court order. What began with just one device in a one off case related to a serious offence, is already swaying into the territory of more generic crimes with multiple devices.

iphonepass

Source: Wikimedia

Although government representatives have argued that they are not trying to set a precedent with the request to crack the San Bernardino attacker's phone, the DOJ seems happy to take it as such. However it may not be that these other cases are even too important, as simply putting them into the discussion may convince courts that encryption is more of a problem than they previously realised (as per WSJ).

It could also be a case of the DOJ looking to offer Apple some lower hanging fruit. Many of these other iPhones utilise older versions of iOS and its various security features. They should be easier to hack into and perhaps wouldn't compromise the current iteration of the operating system to the same extent as hacking the San Bernardino attacker's device.

However the big argument Tim Cook has made with regards to any weakening of Apple device security, is that it would endanger all iPhone users, by making them vulnerable to those same attacks.

Discuss on our Facebook page, HERE.

KitGuru Says: This is no real surprise here. Of course if Apple agrees to crack one phone others would come out of the wood work. This smells like the DOJ offering an easier out with one hand, while it hides a bundle of other devices behind its back.

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U.S. Department of Justice wants international email access https://www.kitguru.net/channel/jon-martindale/u-s-department-of-justice-wants-international-email-access/ https://www.kitguru.net/channel/jon-martindale/u-s-department-of-justice-wants-international-email-access/#comments Thu, 10 Sep 2015 09:47:57 +0000 http://www.kitguru.net/?p=267168 In the case of the U.S. Department of Justice versus Microsoft, much of our international personal privacy hangs in the balance. Yes the NSA is probably hoovering up 99 per cent of what we transmit to each other across the the internet, but if the DOJ wins this particular court case, authorities from the United …

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In the case of the U.S. Department of Justice versus Microsoft, much of our international personal privacy hangs in the balance. Yes the NSA is probably hoovering up 99 per cent of what we transmit to each other across the the internet, but if the DOJ wins this particular court case, authorities from the United States would have even more precedent for looking over our shoulders.

The legal action in question sees the DOJ demanding access to emails Microsoft has stored in an Irish datacentre. The government's argument is that because Microsoft is an American company head-quartered in the U.S., it is beholden to United States law so must comply with a search warrant. It claims that emails are Microsoft business documents, rather than customer files.

Microsoft contests this however, stating that emails it holds are international and stored in Ireland, making it beholden to EU law, which would find it in breach of privacy regulations if it were to comply with the DOJ's demands. It also classifies the emails as clients' personal property.

gavel222
Source: Tori Rector/Flickr

This case has already been seen by other courts and is currently in the appeals stage, with a trio of judges now overseeing it. Whichever way the verdict comes down, could have a big impact on the privacy of individuals around the world, since this case will set precedent for similar court action in the future.

As it stands, the judges have been grilling the DOJ's lawyers over the legal grounding for its request, fighting over the definition of warrants and subpoenas, as per The Guardian.

With the hearing now at a close, counsels urged the judges to legislate from behind the bench and push for congress to clarify the position of firms in instances like this, as well as what government agencies are allowed to do.

A verdict is expected late this year, but may take as long as February 2016 to be finalised.

Discuss on our Facebook page, HERE.

KitGuru Says: Here's hoping Microsoft gets the nod on this one. It's government overreaching like this which is making it difficult for people to trust U.S. tech firms. 

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Kim Dotcom: U.S. offered plea deal, I refused https://www.kitguru.net/channel/jon-martindale/kim-dotcom-u-s-offered-plea-deal-i-refused/ https://www.kitguru.net/channel/jon-martindale/kim-dotcom-u-s-offered-plea-deal-i-refused/#respond Mon, 03 Aug 2015 10:38:04 +0000 http://www.kitguru.net/?p=261804 While the United States has been pretty tight lipped about its ongoing attempts to extradite and imprison internet entrepreneur Kim Dotcom, the German native has been very vocal about his side of the equation. In a recent Q&A on Slashdot, the Megaupload founder even suggested that the U.S. had attempted to offer him a plea …

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While the United States has been pretty tight lipped about its ongoing attempts to extradite and imprison internet entrepreneur Kim Dotcom, the German native has been very vocal about his side of the equation. In a recent Q&A on Slashdot, the Megaupload founder even suggested that the U.S. had attempted to offer him a plea deal, but he claims he refused.

During the discussion, Dotcom covered topics as varied as his Internet Party political ambitions, the Trans-Pacific Partnership act and his gaming habits, but it was on the topic of government corruption and his own legal battles that Dotcom broached the topic of a plea deal. He said that the New Zealand solicitor general (operating on behalf of the U.S) offered him the chance to avoid extradition and have the case thrown out, if he would only admit to some basic copyright liability.

“I told my lawyers that I'm innocent and that I'm not interested,” he said. “The next thing you know, the Attorney General of New Zealand offered my main NZ counsel a job as a judge.”

dotcom2

This level of alleged corruption is the reason why authorities have been so aggressive with his case, Dotcom claims, pointing out that when Megaupload was shut down 220 people lost their jobs and under the intense pressure, Dotcom co-defendant and Megaupload programmer Andrus Nomm, voluntarily flew to the US, presumably to hand himself in.

“I'm dealing with an unethical system that is willing to rig the game just to win,” he said. “This case is toxic. [The Department of Justice] knows I'm not a criminal copyright infringer.”

The reason it continues to be dogged however, Dotcom claims, is because as it stands, those U.S. and New Zealand legal entities could be liable for the destruction of his business, if he is eventually found not guilty. If he accepted a plea deal, that culpability would disappear he said.

In a chat with the NZ Herald, he said that shortly after the election, where Dotcom made a stink about mass surveillance and forced the eventually re-elected John Key to answer many uncomfortable questions, he was offered for the entire case to be dropped, if he left New Zealand for good.

But again he refused. Dotcom has said that he sees only one end game: “drop the charges, say sorry, return seized data to Megaupload users and then pay damages.”

Discuss on our Facebook page, HERE.

KitGuru Says: Although we cannot of course verify the claims made by Dotcom here, it's impressive that he's still so adamant that he will come out victorious. It would be quite an amazing turnaround if the U.S. did eventually have to apologise, but you have to imagine that that is quite the pipe dream.

Image source: Wikimedia

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FBI seized MegaUpload domains hijacked and linked to malware https://www.kitguru.net/gaming/security-software/jon-martindale/fbi-seized-megaupload-domains-hijacked-and-linked-to-malware/ https://www.kitguru.net/gaming/security-software/jon-martindale/fbi-seized-megaupload-domains-hijacked-and-linked-to-malware/#respond Thu, 28 May 2015 10:29:46 +0000 http://www.kitguru.net/?p=251505 When the Megaupload domain names were seized back in January 2012, they were some of the most visited on the internet, with the site's promotional material suggesting as many as 50 million people a day used them and their services. However those days are long gone, but that doesn't mean they receive no traffic at …

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When the Megaupload domain names were seized back in January 2012, they were some of the most visited on the internet, with the site's promotional material suggesting as many as 50 million people a day used them and their services. However those days are long gone, but that doesn't mean they receive no traffic at all. In-fact, visitors from the past few days have found that despite the US authorities supposedly controlling them, someone has hijacked them and begun redirecting those that do visit to malware and scam sites.

Until recently, domains like MegaUpload and MegaVideo contained merely a large image that says that sites have been seized by the authorities and that the visitor's IP may be tracked too. However attempting to visit either at the time of writing sees the URL quickly redirect to a random ad-filled page, with some like TorrentFreak even suggesting that malware attempted to hijack their browser upon the transition.

megaupload22
Many of the redirects try to trick people with the chance to win or buy iPhones for cheap

Clearly the US' Department of Justice (DOJ) has lost control of the domains some how, as if you look at the WHOIS information for the URLs, they list “PLEASEDROPTHISHOST15525.CIRFU.BIZ” as their name server. That could well mean that the domain server used by the DOJ has itself been hijacked.

Considering that organisation is supposed to house some of the best cyber crime fighters in the world, that's quite a lot of egg on the DOJ's face.

Kim Dotcom, founder of the Megaupload file locker said in a statement that: “With U.S. Assistant Attorney Jay Prabhu the DOJ in Virginia employs a guy who doesn’t know the difference between civil & criminal law. And after this recent abuse of our seized Mega domains I wonder how this guy was appointed Chief of the Cybercrime Unit when he can’t even do the basics like safeguard the domains he has seized.”

Megaupload isn't even the only domain affected, as a number of other seized URLs are also pointing to the malicious sites.

Discuss on our Facebook page, HERE.

KitGuru Says: This is a pretty poor show that even a few hours after this was discovered it still hasn't been fixed. It goes without saying that we wouldn't recommend visiting any of the mentioned URLs, as there is a very real chance of you being hit with some nasty malware. 

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US government: Phone encryption will lead to child deaths https://www.kitguru.net/channel/generaltech/matthew-wilson/us-government-phone-encryption-will-lead-to-child-deaths/ https://www.kitguru.net/channel/generaltech/matthew-wilson/us-government-phone-encryption-will-lead-to-child-deaths/#comments Thu, 20 Nov 2014 13:51:39 +0000 http://www.kitguru.net/?p=222548 The US government is attempting to fight back against the new encryption technologies used on smartphones. An official at the US Department of Justice stated that tragedy would ensue if the authorities did not have unwarranted access to devices such as a suspect's phone. The Wall Street Journal reports that Apple and Google are currently …

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The US government is attempting to fight back against the new encryption technologies used on smartphones. An official at the US Department of Justice stated that tragedy would ensue if the authorities did not have unwarranted access to devices such as a suspect's phone.

The Wall Street Journal reports that Apple and Google are currently at a standoff with the US Department of Justice over smartphone encryption. According to those who attended a meeting, a US official said: “New encryption technology that renders locked smartphones impervious to law enforcement would lead to tragedy. A child would die, because police wouldn't be able to scour a suspect's phone”.

encrypt_now

The meeting reportedly ended with an Apple official calling the dead child scenario inflammatory. Apple executives say that law enforcement agencies would be able to obtain data elsewhere, such as through wireless carriers. However, the DOJ argued that this would make the job harder for the Police, even with a court order.

Even if Apple was served with a court order to unlock a device, it wouldn't have the key required to decipher the information encrypted on iPhones.  The latest encryption options offered by the likes of Apple and Google came shortly after it was revealed that the NSA was illegally snooping and spying on people around the world, often without reason or cause.

An NSA reform bill recently failed in the US Senate and many US tech companies are challenging the government on the legal framework used to obtain data. WhatsApp has been the latest company to begin offering end-to-end encryption on its service, keeping all text conversations private and uncrackable by those wishing to snoop.

Discuss on our Facebook page, HERE.

KitGuru Says: The US Department of Justice wouldn't be in this position if it didn't allow agencies like the NSA to blatantly abuse their power and spy on people without proper cause. Now tech firms and their customers want to take that power away and they have nobody to blame but themselves.

Sources: The Wall Street Journal, AndroidCentral

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Dotcom’s team claims government charges are ‘imaginary’ https://www.kitguru.net/channel/jon-martindale/dotcoms-team-claims-government-charges-are-imaginary/ https://www.kitguru.net/channel/jon-martindale/dotcoms-team-claims-government-charges-are-imaginary/#respond Tue, 14 Oct 2014 12:19:38 +0000 http://www.kitguru.net/?p=216495 Kim Dotcom has been run through the legal mill several times over the past few years, with his company shut down, his assets seized and his home raided in a short period of time. The only real development though in the ongoing and oft-delayed extradition trial, is that recently the Department of Justice in the …

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Kim Dotcom has been run through the legal mill several times over the past few years, with his company shut down, his assets seized and his home raided in a short period of time. The only real development though in the ongoing and oft-delayed extradition trial, is that recently the Department of Justice in the US launched a civil suit against the German entrepreneur, asking the court to hand over all of his assets, current and past since they were only gained through – in its words – illegal means. Now Dotcom's team has officially responded, claiming that the crimes he is said to have committed are entirely made up.

While that might sound like the argument you came up with when your sister told your parents you pinched her, it does have some merit here, since Kim Dotcom stands accused of secondary criminal copyright infringement, which implies he wasn't directly responsible for copyright infringement but was heavily involved. That's not a crime that currently exists on anyone's legal books.

The crimes for which the Government seeks to punish the Megaupload defendants do not exist. Although there is no such crime as secondary criminal copyright infringement, that is the crime on which the Government’s Superseding Indictment and instant Complaint are predicated,” Megaupload’s lawyers write.

dotcom
Meanwhile Dotcom has been giving talks at the New Yorker Festival

They then highlighted how because of this made up law and charge, not only was Dotcom stripped of his rights and property, but millions of Megaupload users were also (and still are) denied access to their digital property.

“Tellingly, the Complaint and the Superseding Indictment together fail to identify a single instance in which an act of infringement — particularly an unauthorized upload or download — occurred entirely within the United States,” they continued, highlighting that the DOJ's jurisdiction ends at the US border.

With these thoughts in mind, his legal team want all charges against Dotcom dropped and his assets unfrozen and returned to him.

We now await the US court's decision on the matter.

KitGuru Says: The only thing this does leave me wondering, is why wasn't this defence brought forward before?

[Thanks TorrentFreak]

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US Department of Justice indefinite data retention denied https://www.kitguru.net/channel/jon-martindale/us-department-of-justice-indefinite-data-retention-denied/ https://www.kitguru.net/channel/jon-martindale/us-department-of-justice-indefinite-data-retention-denied/#respond Tue, 11 Mar 2014 10:38:15 +0000 http://www.kitguru.net/?p=181559 The United States' Department of Justice (DOJ) recently tried to extend its right to hold on to harvested metadata on US and foreign nationals from five years, to forever, citing reasons such as defending against government lawsuits and requiring evidence gathered by its snooping schemes. However, to the surprise of many, FISA court judge Reggie …

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The United States' Department of Justice (DOJ) recently tried to extend its right to hold on to harvested metadata on US and foreign nationals from five years, to forever, citing reasons such as defending against government lawsuits and requiring evidence gathered by its snooping schemes. However, to the surprise of many, FISA court judge Reggie Walton, has denied the request, meaning all collected metadata must still be destroyed after five years.

doj
I like how they felt the need to get all flamboyant with the “of,” font.

Mr Walton not only put the kibosh on this potential infringement on civil liberties, but also dismantled the DOJ's reasoning too. Taking each of the government's cited cases in turn, he showed that none of them showed any reason to preserve metadata records without precedent, instead suggesting that they demonstrated how in some instances, personnel may have a duty to ignore corporate document destruction policies. He asserted that there was simply no cases that propped up the government's position of wanting to preserve metadata records for all time.

As TechDirt points out, this isn't the first time this judge has pointed out the problems with the DOJ's collection of metadata, suggesting that in any other legal situation, its mass data harvesting would be considered unconstitutional. What's even more ridiculous, is in asking for data to be held indefintely, it didn't even use the same excuses it needed to collect the metadata in the first place – the prevention of terrorism – further undermining its position, which already has very little legal precedent for any of it.


“See you in five years.”

Acquiescing to this latest request, Walton ruled, would not only make it much more likely that at some point in the future, the data held would be abused – since it would imply be around long enough for abuse to take place – but there's also a much higher chance of it being leaked or stolen.

Of course though, any evidence that the metadata might hold which could incriminate the government, the NSA, DOJ or any other affiliated organisation, can now be legally deleted under this precedent – all the DOJ needs to do is hang on to it long enough. If it comes under legal threat, delaying for five years could see evidence legally destroyed, with precedent.

KitGuru Says: Perhaps this isn't such a loss for the US government after all. It was in a bit of a win, win scenario, regardless of the judge's ruling.

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DOJ demand decryption of laptop to investigate scam https://www.kitguru.net/channel/taps/doj-demand-decryption-of-laptop-to-investigate-scam/ https://www.kitguru.net/channel/taps/doj-demand-decryption-of-laptop-to-investigate-scam/#comments Mon, 11 Jul 2011 08:50:31 +0000 http://www.kitguru.net/?p=52716 Obama's administration have told a federal judge to order a woman, accused of a mortgage scam in America to decrypt her laptop so they can get access to files relating to the case. This news story is hitting hard on tech sites, as it could be an integral case for future prosecutions. The woman Ramona …

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Obama's administration have told a federal judge to order a woman, accused of a mortgage scam in America to decrypt her laptop so they can get access to files relating to the case. This news story is hitting hard on tech sites, as it could be an integral case for future prosecutions.

The woman Ramona Fricosu from Colorado has been accused of a mortgage scam and it may have ramifications for future cases which involve data protected under encryption. Her laptop was found during a raid of her home, and it is encrypted and have proven impossible for the authorities to break to this point.

CNET said “Because Fricosu has opposed the proposal, this could turn into a precedent-setting case. No U.S. appeals court appears to have ruled on whether such an order would be legal or not under the U.S. Constitution's Fifth Amendment, which broadly protects Americans' right to remain silent.

Obama's Administration

In a brief filed last Friday, Fricosu's Colorado Springs-based attorney, Philip Dubois, said defendants can't be constitutionally obligated to help the government interpret their files. “If agents execute a search warrant and find, say, a diary handwritten in code, could the target be compelled to decode, i.e., decrypt, the diary?”

Prosecutors have said that they don't require the passphrase themselves, which means that Fricosu could enter the code herself without anyone looking at the time. They only want the decrypted data from her laptop and haven't demanded ‘the password to the drive, either in written form or orally.”

This is a delicate case for the American authorities however as there have been law review articles over a 15 year period which have taken different sides to the approach. CNET add “Much of the discussion has been about what analogy comes closest. Prosecutors tend to view PGP passphrases as akin to someone possessing a key to a safe filled with incriminating documents. That person can, in general, be legally compelled to hand over the key. Other examples include the U.S. Supreme Court saying that defendants can be forced to provide fingerprints, blood samples, or voice recordings.

On the other hand are civil libertarians citing other Supreme Court cases that conclude Americans can't be forced to give “compelled testimonial communications” and extending the legal shield of the Fifth Amendment to encryption passphrases. Courts already have ruled that that such protection extends to the contents of a defendant's mind, so why shouldn't a passphrase be shielded as well?”

Kitguru says: If she is forced to give over her encryption key, will this affect the rights of American citizens in the future in other areas as well?

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