Tag Archive for: really

Chicago Tried To Justify Not Informing ACLU Of Social Media Monitoring Partner By Saying ACLU Is Really Mean

My home city of Chicago has built quite a reputation for itself to date. It wouldn’t be entirely unfair to suggest that the city’s government is run by very silly people who think its citizens are quite stupid, while also managing to build something of a kleptocracy centered around professional corruption. With any such hilariously corrupt institutions, the corruption itself is only half the frustration. The other half is the way the Chicago government thumbs its nose at virtually everyone, so secure is it in its knowledge that its corruption will never result in any serious penalty.

An example of this can be found in the way the city government responded to an ACLU FOIA request to disclose the vendor Chicago is using to monitor the social media accounts of its own citizens. If you’re thinking that such a program sounds dystopian, welcome to Chicago. If you’re thinking there’s no way that the city should be able to hide that information from its citizens and that it was obviously disclosed publicly somewhere, welcome to Chicago. And if you thought that a FOIA request must surely be all that it would take to get this information to the public, well, you know the rest.

The ACLU of Illinois today called for an end to an invasive program that allows Chicago police to monitor the social media accounts of the City’s residents. The call comes after the City finally released records Wednesday revealing the name of the spying software that the Chicago Police Department (CPD) has used to covertly monitor Chicagoans’ social media profiles.

The release was through litigation filed by the ACLU last June in Cook County Circuit Court seeking to force the City to produce documents in response to a January 2018 Freedom of Information Act (FOIA) request. The ACLU was represented by Louis A. Klapp at Quarles & Brady LLP in this request. Previously, CPD acknowledged that it spends hundreds of thousands of taxpayer dollars on social media monitoring software, but refused to provide the name of the software company.

Now, spending hundreds of thousands of dollars on a platform to monitor the social media activity of its own citizens is bad enough on its own. After all, this isn’t the first go around with Chicago doing this very thing. In 2014, Chicago contracted with a different company, Geofeedia, to do exactly this sort of social media monitoring. After the ACLU learned of that relationship and disclosed that Geofeedia marketing materials targeted “activists” and “unions” as “overt threats” for which its platform should be used for monitoring, the reaction of the public was severe enough that many social media sites simply disallowed Geofeedia access from their platforms, rendering them useless to Chicago government.

In fact, it was that very occurrence that Chicago used to justify hiding its vendor relationship from the ACLU currently.

Social media sites then subsequently cut off Geofeedia’s access to their users’ data. The City claimed that this public reaction justified hiding future vendors from public view.

What the ACLU was able to get out of the city is that it used another company, Dunami, for surveillance through 2018. The ACLU has filed another FOIA request to get any information on a current contract, if one exists. Meanwhile, the above reasoning — that Chicago should shield the vendor it uses to monitor the social media habits of its own citizens because the last time the ACLU got that info people didn’t like it — is the kind of reasoning only the most brazenly corrupt regimes could possibly make.

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Magistrate Judge Says Grande Shouldn’t Be Able To Use The DMCA Safe Harbors Because It Didn’t Really Terminate Infringers

We’ve written a few times about a key DMCA case in Texas, involving the ISP Grande Communications and Universal Music Group (and, by proxy, the copyright trolling operation Rightscorp). The case has had a lot of up and downs, with the judge tossing UMG’s “vicarious infringement” claims, while letting the “contributory infringement” claims move forward. In October, the court rejected UMG’s attempt to bring back the vicarious infringement claims which had already been dismissed, with some fairly harsh words directed at UMG for attempting that.

The latest, as first noted by Torrentfreak, is that the magistrate judge has recommended rejecting Grande’s use of the DMCA safe harbor defense. I still have general issues with the idea that the “repeat infringer” part of the DMCA is being accurately described in these cases (specifically: the courts are now applying it to accusations of infringement, rather than actual infringers, which requires a court adjudication). However, the magistrate basically points out that Grande can’t make use of the safe harbors because… it had no repeat infringer policy at all. Or, rather, it did, but in 2010 it stopped using it, and then never had a policy through 2016.

So, without a policy, they couldn’t have reasonably implemented it… and thus, no safe harbors. Given the facts of the case, that’s perhaps not that surprising. The DMCA requires you to have a reasonably implemented policy (Cox lost its similar lawsuit not because it didn’t have a policy, but because it didn’t follow its own policy).

Of course, that doesn’t necessarily mean that UMG is going to win the case. Not having the safe harbor makes it harder for Grande, but not fatal. UMG will still need to prove contributory infringement, which is going to be fairly difficult to show. Earlier in the case, the court had noted “that this is not yet a well-defined area of law, and that there are good arguments on both sides of this issue.” Effectively, UMG will need to show that Grande “induced” infringement by its actions, and Grande will claim it did no such thing. But it can’t just use the DMCA safe harbors to get the case dismissed, rather it will need to focus specifically on the question of whether it induced people to infringe.

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What do mobile security statistics really mean? Here’s how to break them down

  1. What do mobile security statistics really mean? Here’s how to break them down  Brian Madden
  2. Full coverage

mobile security news – read more

Yes, Healthcare’s Data Breach Problem Really Is That Bad

  1. Yes, Healthcare’s Data Breach Problem Really Is That Bad  hcanews.com
  2. Government Data Says Millions Of Health Records Are Breached Every Year  Forbes
  3. Health data breaches on the rise  EurekAlert (press release)
  4. Full coverage

data breach – read more