Damn the Lawsuits — It’s Full Speed Ahead for Aereo In New York
NEW YORK — Aereo, the startup which aims to rock the TV world by renting you a remote high definition antenna that allows you to watch and record broadcasts via a web browser, launched Wednesday despite lawsuits which allege that the company is violating the copyrights of broadcasters who own the programming.
Two lawsuits have been filed against Aereo (and it has filed a counterclaim of its own) but there is no court injunction preventing the launch, so here we go. In what is perhaps a little tweak at the broadcasters who are trying to shut Aereo down — or just good business of the “first taste is free” variety — Aereo takes to the airwaves with a 90-day free trial, up from the 30 days initially planned. After that 90 days, it’ll cost New Yorkers $12 a month to get the roughly 20 channels broadcasting in this market in HD.
That is, assuming Aereo is still around in 90 days.
The suits against the start-up, whose backers include broadcast veteran Barry Diller, allege that Aereo is blatantly violating the copyrights of broadcasters who air shows that are otherwise available generally only via cable and satellite middlemen, or if you have your own HD antenna attached to a TV set. Aereo contends it has the legal right to provide this service because its potential customers a) have the right to these broadcasts, made available as they are on publicly-owned airwaves and b) have the right to put an antenna anywhere they want to pull in these signals for our own, personal, non-commercial use.
Aereo essentially says it is merely enabling legal private behavior, and charging for that convenience.
Copyright is a justifiably powerful tool which often trumps all — and I am no lawyer — but I’ve already made clear that I find Aereo’s theory compelling. That said, I’m fantastically interested in how the arguments on both sides will be made. Either way this case will change things: Someone is going to do what Aereo is doing, even if it’s only the broadcasters who didn’t bother to, first.
He knows when you are sleeping...
NEW YORK (CNNMoney) -- Attention holiday shoppers: your cell phone may be tracked this year.
Starting on Black Friday and running through New Year's Day, two U.S. malls -- Promenade Temecula in southern California and Short Pump Town Center in Richmond, Va. -- will track guests' movements by monitoring the signals from their cell phones.
While the data that's collected is anonymous, it can follow shoppers' paths from store to store.
The goal is for stores to answer questions like: How many Nordstrom shoppers also stop at Starbucks? How long do most customers linger in Victoria's Secret? Are there unpopular spots in the mall that aren't being visited?
While U.S. malls have long tracked how crowds move throughout their stores, this is the first time they've used cell phones.
But obtaining that information comes with privacy concerns.
The management company of both malls, Forest City Commercial Management, says personal data is not being tracked.
"We won't be looking at singular shoppers," said Stephanie Shriver-Engdahl, vice president of digital strategy for Forest City. "The system monitors patterns of movement. We can see, like migrating birds, where people are going to."
Still, the company is preemptively notifying customers by hanging small signs around the shopping centers. Consumers can opt out by turning off their phones.
First, I AM NOT a fanboy. My phone is an Android. Even when the iPhone was introduced, I steadfastly held onto my WindowsMobile phone, waiting for Palm to introduce something better. I have a Windows7 PC, laptop, AND netbook. When the iPad was first released, I thought it was gorgeous, but lacking. And, it was. Apple introduced an improved model a few months later, and a thinner, even more improved model less than a year later. Admittedly, I bought that one. And I love it. But I owned two Windows tablets well before the iPad was even a twinkle in Steve Jobs' eye. So I was predisposed, even before Jobs said it was the Next Big Thing.
Today at E3 in Los Angeles Nintendo showed the world the Wii U. Which looks and sounds like the birth-child of an Apple iPad and a LeapFrog LeapPad. (Yes, we own a LeapPad.) This, on the heels of Apple's WWDC where they emphasized major changes to Game Center that make it more XBox Live than Yahoo Games. At the same time, quietly and without any significant emphasis, Apple announced AirPlay Mirroring. Which, at first blush, sounds like someone accidentally left a slide in the Keynote deck from last year's WWDC. But, in reality, mated to a $99 Apple TV 2, it turns the iPad, iPhone or iPod Touch into an accelerometer-equipped wireless TV gaming console (minus the console).
But, I'm not buying each of my kids a $499 iPad, when I already spent $249 on the Wii 4 years ago. And then I spent $179 each for two DSi's a couple years later. Plus, each one of the Wii game disks cost me between $30-$50, and then each one of my kids' DSi cartridges cost me another $20-30. And, if they want to play each other, I have to buy two of the same game! Worse yet, once they've conquered a particular game, it's useless.
Do the math. If I'm lucky, I'm only into it for a grand, or so. Now Apple's going to try to get in on the game? Apple has been focusing more recently on price, but their products are not what I'd call the "budget option."
Even if I just bought each of the kids the cheapest iPod Touch, that would still be $210 a piece. Plus every game is going to be another $0.99 to $5.99. And then there's the Apple TV 2 for another $99. That would be close to $500, just to replace what they already have.
On the other hand, that is half what I spent on Nintendo products. And it means that every game they purchased could be played on or off the TV. Going forward, they could purchase anywhere from as little as 3 to as many as 40 times the number of games for the same money as a single cartridge or disk. Of course, the AppStore only has a little over 60,000 to choose from, compared to around 2000 total Wii and DSi titles. And, there's another 35,000 or so iOS educational apps. Each of which could never be lost or damaged -- even if the whole device was lost or damaged. And, by purchasing the apps from the same account, everyone in the house can play the same game, at the same time, together or apart, for just one single purchase. It doesn't hurt either that the iTouch does more than play games. My son, for instance, could use the calendar for scheduling. And both my kids would love to have an MP3 player. Which, again, would allow them to share music under the same account. There are dictionary and thesaurus, flash cards, SAT prep, and other good apps. Plus, the Apple TV 2 also has a few tricks, other than being a slave to iPad, iTouch, and iPhone. It's certainly a competent media player and Netflix tuner (even before jailbreaking).
Until yesterday, I might have been worried that they'd fight over a computer to sync. But, come Fall, not only will that be unnecessary, but -- with the addition of a Bluetooth keyboard and the Apple TV -- each practically becomes its OWN computer, portable and home video and MP3 player (also capable of wirelessly streaming from my iTunes library), handheld game machine, gaming console, PDA, and videoconferencing device. To do it up right: $210 iTouch, $99 ATV, add a nice screen for less than $200, and a $69 Bluetooth keyboard. Effectively, the same price as purchasing each of them a desktop computer, but one that fits in their pockets. Even the Apple TV 2 is pocket-sized.
Fine! I take back what I said about the "budget option."
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I confess, though I consider myself a spiritual person, I'm not very religious. People born of a particular faith have all kinds of excuses for their lack of observance. But, usually, it just boils down to a matter of convenience. That's not my problem. I take my kids to religious school every week. I Facebook with a rabbi, a minister, a Jogye, a couple Hasidim, and members of an entire profession that most modern religions have determined to be Satan's disciples. I have plenty of opportunity, and ample reason, to pray and ask for forgiveness.
But, for those of you still searching for excuses, here's one less: If you happen to be Catholic, you no longer have to schlep your tuchas to the confessional. Now the "Jesus Phone" will bring the power of the confessional to the palm of your hand. What's more, this app not only received the coveted blessing of St. Jobs himself, but it even got the Pope's blessing for goodness sake. Which is impressive and shows great benevolence on the part of the church, considering that this app clearly duplicates existing ecclesiastical functionality.
I'm impressed that the Vatican is willing to embrace technology with open arms. Science, after all, is not their strong subject. The only question I have is, should one's iPhone become an item of evidence in a legal context, is it possible that this app will confess your sins to the police as well?
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In a statement issued this week, Senators' Joseph Lieberman (I-Conn.), Susan Collins (R-Maine), and Tom Carper (D-Del.) said that their intent was to allow the president "to protect the U.S. from external cyber attacks," not to shut down the Internet.
Aside from the obvious civil liberties concerns, the problem I see is largely a mechanical one, and it demonstrates the Senators' lack of fundamental understanding when it comes to the world in which they legislate: By the time a cyber attack is apparent, it's no longer likely an "external" threat. The most effective attacks known today are distributed amongst a multitude of machines in various locations, making it impossible to protect citizens without shutting down the Internet -- if such a thing could even be accomplished in this country.
The U.S. network infrastructure is much more complex and diverse than that of Egypt. In part, that has to do with the shear differences in scale. But, perhaps surprisingly, it also has to do with the age of our network. Parts of our interconnected network go back five decades. Some interconnected networks predate the Internet itself. And these are interconnected with new infrastructure being added every day without the need for government knowledge or consent.
Most importantly, when the Advanced Research Projects Agency Network (ARPANET) was conceived, it was specifically designed to survive and reroute against an outage. That means, depending on the final draft, the law would likely be either ineffective, dangerous, or both.
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A byproduct of life in the 21st Century is that many of the perks of a post-centennial lifestyle require the abdication of a fair bit of privacy to cyberspace. That means that the paper records that once required a search warrant to read (and maybe the forceful extraction from your cold-dead-hands), are now in the possession of companies who don't. Of course there's Facebook and Twitter. Those didn't exist in the 20th. Century. But, what about your phone records and email? While your phone company has long been subject to a warrant or subpoena, in the 21st. Century new "self-service" tools have been developed to help telcos manage the onslaught of requests made particularly attractive by the fact that most of us carry what amounts to a homing-beacon in our pockets. Similarly, while email has always been an attractive source of discovery, until recently most of it resided on each correspondent's physical, and virtual, desktop waiting to get written-over by something more current. Today, it's more likely been put out to pasture in a seemingly-endless "server farm", waiting to be picked by a custodian of records.
Even our personal computers, which have always required a search warrant, and often require a cascading series of search warrants covering various regions of storage space and categories of searches, are rapidly being replaced by windows to the web -- sleek sheets of glass and sculpted-aluminum that act as a portal to your virtual existence. Like a supermodel, these tablets are thin and beautiful, but two-dimensional, with very little substance inside. What makes these devices a reality today is a combination of near-ubiquitous Internet connectivity and access to your personal online data once it's established. Even the notion of "backing up" is becoming a thing of the past, because the data you see, isn't really here. It's somewhere else, presumably safe from destruction, but not necessarily from dissemination. Like many things in life, it's a trade-off.
But, not when it comes to fighting crime. The shift of discovery from physical space to cyberspace is a decided advantage for law enforcement. In fact, Google reports that it responded to more than 4200 discovery requests in the first-half of 2010 alone. One of the reasons these requests have become so popular is that online data is easier seize than a laptop, and often much more useful. Much of what can be had requires no search warrant at all, and thanks to online tools, can be had without even so much as contacting the service provider. Why? Because, unlike the data on your hard drive, you don't necessarily own your data when it's stored in cyberspace.
The Electronic Communications Privacy Act was enacted by Congress in 1986 -- long before most people had access to the Internet, email, or a cellphone. When Mark Zuckerberg's only friends were his stuffed animals. Mind you, it was revolutionary for it's time -- enacted to extend government restrictions on wire taps from telephone calls to also include transmissions of electronic data by computer. But, it doesn't address current evolution. Today, far more can be gleaned from a historical records search than any telephone wiretap. Perhaps that's why last year the Department of Justice argued in favor of warantless email searches. Or why in the same year the DOJ argued that cellphone users had abdicated any expectation of privacy by using a service that stores location data.
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Federal prosecutors this week leveled conspiracy charges against two men who allegedly used an exploit against a line of video poker machines to win hundreds of thousands of dollars in unearned jackpots.
Read full article at http://feeds.wired.com/~r/wired/index/~3/BN3JIom0HR4/
The federal government thinks identity and passwords need to be fixed to keep the internet healthy, but is declining, thankfully, to try to fix it themselves. Instead, they are pushing internet entrepreneurs to build something robust and open.
Read full article at http://feeds.wired.com/~r/wired/index/~3/3Uts2JG5xFc/
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When it comes to last year’s holiday gifts, Uncle Sam wants to know if you’ve been bad or good. So be good for goodness sake!
What do an online donation to the International Red Cross, a bank transfer to family members living in Vietnam, and a payment sent through PayPal for an expensive rug in Turkey have in common? The government wants to know about them. And, if new rules proposed by the Financial Crimes Enforcement Network, or FinCEN, go into effect, the government will — along with your name, address, bank account number, and other sensitive financial information.
In September, FinCEN, an agency component of the Department of the Treasury, proposed a set of rules (pdf) that would require banks and money transmitters to report to the government any cross-border electronic funds transfer. Yesterday, we submitted a comment (pdf) opposing the agency’s proposal.
Essentially, under the proposed rules, anytime you electronically transfer money into or out of the country, the government wants to know. The proposed rules require banks and money transmitters, like PayPal or Western Union, to submit reports documenting the amount of money sent or received, where that money came from, and where it is going. Depending on the type of transfer, a variety of information would be included in the reports, including the name, address, bank account number, and taxpayer ID number of the sender; the amount and currency of the funds transfer; and the name and address of the recipient. Passport numbers or alien ID numbers could also be required for some transfers.
The government wants reports on all electronic bank-to-bank transfers, regardless of whether the transfer is $1 or $1,000,000. For money transmitters, reports would be filed for transfers at or above $1,000. FinCEN estimates it will receive 750 million reports every year, and the agency wants to keep the data for ten years. Once the reports are filed with FinCEN, other federal law enforcement agencies — the FBI, IRS, ICE, and the DEA — would all have access to the data.
Shortly after FinCEN announced the rules in September, EFF filed a FOIA request seeking documentation that would justify the agency’s law enforcement need for the regulations. We also sought information demonstrating that FinCEN had taken adequate data-security precautions for handling such a massive amount of sensitive information. The agency produced some records, but the documents provided no evidence that the proposed rules are necessary to deter money laundering and terrorism financing, or that the agency had adequately assessed the privacy implications of the proposed rules.
In our comment, we opposed the rules for three reasons:
1. The new reports are unlikely to be effective in preventing terrorism financing — the primary impetus behind the regulations in the first place.
2. While the agency sought the advice of financial institutions, other law enforcement agencies, and even foreign governments when developing the rule, FinCEN never solicited the opinions of privacy advocates during the drafting process.
3. The agency has not provided any evidence that the technological systems are in place to safely receive, transmit, and store the vast quantities of highly-sensitive information the rules would require.
We strongly oppose the government’s attempt to pry into the sensitive financial dealings of citizens, especially when there is no demonstrated need and no evidence that the agency is equipped to handle that much sensitive information. Comments on the proposed rules are due December 29th, and can be submitted here. We urge you to join us in opposing these intrusive new regulations.
Disgruntled Hacker [Debt Collector] Disables More Than 100 Cars Remotely
Cleveland-based Pay Technologies is a company that sells hidden wireless black boxes that allow car dealers to remotely disable a car’s ignition, or trigger the horn to begin honking, as a not-so-gentle reminder that a payment is due. The Webtech Plus responds to commands issued through a central website, and relayed over a wireless pager network.
A car dealer in Austin Texas began receiving complaints from hundreds of stranded customers late last month. According to the dealership's manager, the complaints stopped several days later, when he reset all the Webtech Plus employee passwords. Then police obtained access logs from Pay Technologies, and traced an IP address to a former employee. Police say he hacked into the dealership's computer system to deactivate the starters on the cars and set off their horns.
To call the suspect a "hacker" is really an insult to hackers. On the other hand, anyone who's ever spoken with a debt collector probably isn't very surprised by allegations of unethical behavior.
According to the dealership, the employee's account had been closed when he was terminated last month, but they allege he got in through another employee’s account. They claim he was working his way alphabetically through a database of all 1,100 customers whose cars were equipped with the device.
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