|TITLE:||GUEST & TITLE: Darren Kitchen, DTNS contributor & founder of hak5.org|
Len Peralta, artprover & proprietor of lenperaltastore.com
URL: twitter.com/hak5darren & https://twitter.com/lenperalta
|Stories subject to change up until showtime|
|This is the Daily Tech News for Friday Sept 25 I'm Tom Merritt|
|Darren Kitchen & Len Peralta|
|x||Bloomberg cites people familiar with the matter who says the US Federal Trade Commission has reached an agreement with the US Justice Department to review Google’s Android business. Other tech companies accuse Google of antitrust for prioritizing its own services on Android while restricting others. Google is under investigation for similar concerns in Europe and Russia. Google accounted for 59.3% of the US smartphone market in Q2 according to the IDC.||http://www.bloomberg.com/news/articles/2015-09-25/google-said-to-be-under-u-s-antitrust-scrutiny-over-android-iezf41sg|
|The iPhone 6s launched today. Lots of people lined up but not as many as last time apparently. iFixit has a teardown. The iPhone 6S has a 1715 mAh battery a little smaller than the 6’s 1810 mAh one. The display is thicker and 15 grams heavier due to extra sensors for 3D Touch. iFixit gave a repairability score of 7 out of 10.||https://www.ifixit.com/Teardown/iPhone+6s+Teardown/48170|
|x||The Interecept published documents today detailing the UK’s GCHQ operation called “Karma Police.” GCHQ documents described the program as the "world's biggest" Internet data-mining operation, intended to eventually track "every visible user on the Internet." The program began tracking Internet radio use and expanded to logging IP addresses, cookies, and email addresses to uncover user identities. |
Several other tools pulled additional data like the content of Internet sessions, including webpages viewed, and instant messages.
|x||BlackBerry announced Friday it will launch an Android-based phone called the Priv with a slide-out keyboard by the end of this year. The announcement came as part of earnings which were disappointing at a 13 cents loss per share on revenue of $490 million. Analysts had expected a loss of 9 cents per share on revenue of 600 million. The company still plans to reach profitability by Q4 and CEO John Chen told analysts, “If I can’t make money on the phone, I will be out of the telephone handset business. There is a timeline; I won’t tell you when.”||http://recode.net/2015/09/25/blackberry-confirms-android-plans-posts-weaker-than-expected-earnings/|
|x||Adobe has released Photoshop Elements version 14, and The Next Web review says the app has been streamlined to do things like remove camera shake and haze. Face recognition has gotten faster and more accurate. Smart Look tailors effects to the specific photo. Premiere Elements 14 is also out with support for 4K and motion titles. Both apps are available for OS X 10.9 and Windows 7 or higher. They cost $100 each or bundled together for $150.||http://thenextweb.com/apps/2015/09/25/adobe-updates-elements-hobbyist-photo-and-video-apps-with-more-pro-level-features/|
|x||VentureBeat reports Emmett Shear, chief executive of Amazon’s Twitch division, announced that Twitch will add video uploads and playlists in 2016. Twitch says it has 100 million active monthly users and 1.7 million live broadcasters. And Engadget reports Twitch will rollout HTML5 video players and controls in Q2 2016||http://venturebeat.com/2015/09/25/amazons-twitch-to-add-video-uploads-in-new-battle-with-youtube/|
|x||The American Registry for Internet Numbers or ARIN gave out the last block of its IPv4 addresses this week. Companies are encouraged to move to IPv6. What’s left? Africa’s Afrinic has about 2.3 million IPv4 adresses left and will run out in 2019. ||http://www.bbc.com/news/technology-34356770|
|When Microsoft updated its Office apps for iOS last year it allowed users to edit documents and save the to the cloud without paying for an Office 365 subscription. At the time the rule announced said any screen larger than 10.1 inches WOULD require a subscription but since no iOS device was larger that didn’t matter. Well the iPad Pro is larger. And Microsoft confirmed to Ars Technica that Office appls on the 12-inch iPad Pro will require a subscription for editing and saving.||http://arstechnica.com/apple/2015/09/want-to-use-office-on-your-new-ipad-pro-then-youll-need-an-office-365-subscription/|
|x||The Washington Post obtained a draft memo showing a grooup in President Obama’s administration has explored four approaches tech companies could use to allow law enforcement to unlock encrypted communications. The memo noted that any of the four proposals would be seen as introducing backdoors. National Security Council spokesman Mark Stroh stated in an e-mail that “these proposals are not being pursued.” The group drew up a set of principles recommending no bulk collection of information and no “golden keys” for data access.||https://www.washingtonpost.com/world/national-security/obama-administration-ponders-how-to-seek-access-to-encrypted-data/2015/09/23/107a811c-5b22-11e5-b38e-06883aacba64_story.html|
|tglass1976 noted the Ars Technica article that US District Judge Mark Kearney of Pennsylvania ruled Wednesday that the fifth amendment prevents forcing someone to turn over their passcode for a mobile phone. Judge Kearney determined the passcode was not a business record but a personal thought process. The case involves the SEC investigating former Capital One data analysts for insider trading.||http://arstechnica.com/tech-policy/2015/09/forcing-suspects-to-reveal-phone-passwords-is-unconstitutional-court-says/|
|Submit stories and vote on them at dailytechnewsshow.reddit.com||http://dailytechnewsshow.reddit.com|
|Forcing suspects to reveal phone passwords is unconstitutional, court says | Ars Technica||http://arstechnica.com/tech-policy/2015/09/forcing-suspects-to-reveal-phone-passwords-is-unconstitutional-court-says/|
|Fifth Amendment protects passcode on smartphones, court holds - The Washington Post||https://www.washingtonpost.com/news/volokh-conspiracy/wp/2015/09/24/fifth-amendment-protects-passcode-on-smartphones-court-holds/|
|SEC v. Huang |
SEC investigating two former Capital One data analysts (bonan and Nan Huang)
- alleged to have used insider information to trade stocks and turned $150K unto $2.8 million
- suspect mobile devices hold evidence
- demand passcodes
- 2012, a federal appeals court said that forcing a child-porn suspect to decrypt password-protected hard drives would amount to a Fifth Amendment violation.
- District court denied government requests for all passwords in 2010 case (US v. Kirschner) analogizing passwords to safe combination which US v. Hubbell Supreme court decision deemed testimonial.
Constitutional scholar Orin Kerr writing in the Washington Post first of all side with the government’s interpretation of foregone conclusion. BUT he also says:
“the smart way to limit the Fifth Amendment problem is for the government to ask for an order compelling the target to enter in the passcode rather than to divulge it to the police. “
|Government said these are business records. Huangs are "corporate custodians" of information and 5th ammendment would not apply in that case because it is not testimonial.|
Huangs said the passcodes were personal and not corporate information. Company aske employees to create pascodes and NOT share with company for ssecurity reasons.
Gov’t argued under something called the ‘Foregone Conclusion doctrine’
- the Fifth Amendment doesn’t block complying with a court order when the testimonial part of complying with a court order is a foregone conclusion.”
Government says it can show Defendants were the sole users and possessors of their respective work-issued phones.
US District Judge Mark Kearney of Pennsylvania wrote
that gov’t missed the mark. Could only show foregone conclusion if there was evidence of any kind of files on the phones.
“the SEC has no evidence any documents it seeks are actually located on the workissued smartphones, or that they exist at all.”
"We find, as the SEC is not seeking business records but Defendants' personal thought processes, Defendants may properly invoke their Fifth Amendment right.”
“Since the passcodes to Defendants' work-issued smartphones are not corporate records, the act of producing their personal passcodes is testimonial in nature and Defendants properly invoke their fifth Amendment privilege. Additionally, the foregone conclusion doctrine does not
apply as the SEC cannot show with "reasonable particularity" the existence or location of the documents it seeks. Accordingly, the SEC's motion to compel the passcodes is denied. “
|Pick of the day:|
|Damien writes: I recently replaced my old sound mixer when it was damaged by a storm. I researched for weeks before I discovered the Yamaha AG06 Mixing console.|
It functions as a usb sound card and has preset modes for podcasting, game streaming and instrument/vocal music recording.
But MY use is for adjusting game sound/voice chat/mic gain while gaming. It supports standard computer headsets with mic as well as Studio mics.
This is the only unit <AU$900 I found that was able to do all this. At $225 its a bargain.
|Send your picks to feedbackatdailytechnewsshow.com and you can find MY picks at||http://www.dailytechnewsshow.com/picks/|
|Messages of the day (firstname.lastname@example.org)|
| Listening to your news about the leaked Fingerprint data and just thought I'd share with you my $0.02 on the danger of that stolen data. |
There's a problem is when we enter the country/countries that posses that data, fingerprint scans are very common (at border, visa applications, etc..) . Now people trying to get into a country (oh I don't know, perhaps China for example) can immediately be identified as someone who worked for the Feds directly or contractor with a clearance. There in lies the a real problem... You can fake your identity and passport but not your fingertips.
Gary "I now officially can't visit China ever - hint hint" Rudd
|Dear Tom, Darren, and Len,|
I just wanted to add my own thoughts about your discussion regarding the announcement of multiple streaming companies getting on board with VR. Right now when I fly, I have to stare down at an iPad screen for hours on end while I fly. The result of this is a sore neck after about an hour. Wouldn't it be better if I download some movies to my phone, put on my gear VR, hook up my noise canceling headphones, and just relax that way? It would like being in my own extremely cramped theater! The Oculus DK2 already has a program that does this. With services like Amazon Prime making their shows available offline, I think that this could work.
- Rob from indefinable Vallejo, CA
P.S. Go Cubs! (You have to say that part, I'm your boss)
|Yesterday we talked about the student reocords lost on a hard drive in British Columbia. Sterling writes re data retention in Canada:|
I work in a … government body here in Canada … under a branch called Records and Retention. …Essentially, every record type has varying retention policies (a storage date, and a destruction date). … The base retention usually starts at two years and goes up from there … like adoption which exceeds the lifetime of the individuals. This was easy to manage in the days of paper. .. a… date was stamped onto a filing box, you …destroyed [IT] once the destruction date is reached.
With digital systems, it’s a lot more complicated…. Deleting rows from a database is risky, as broken joins can often cause some systems to crash. …the government doesn’t pay enough to get adequately trained employees, … most backup, operations, …are outsourced ….
So the long story short, these records probably should have been destroyed but the structure of government and the lack of adequate knowledge in the appropriate roles, and essentially unaudited outsourcers, makes this almost inevitable.
|Kimberly the Texas Teachers says”: “ at several workshops we were told that schools were required to keep records for 25 years after the student would have been scheduled to graduate. The reason was law suits.” She lists malpractice and discrimniation as two examples. “So first graders this year - their records will be held until 2052 - 37 years.”|
|Thanks to Darren Kitchen [PLUG THINGS]|
|SHOW LEN ART|
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|Plug Monday's guest: Veronica Belmont|
|END OF SHOW|