Friday, October 12, 2012


The rise of license-plate tracking is a case study in how storing and studying people's everyday activities, even the seemingly mundane, has become the default rather than the exception.  Cellphone-location data, online searches, credit-card purchases, social-network comments and more are gathered, mixed-and-matched, and stored in vast databases.  Data about a typical American is collected in more than 20 different ways during everyday activities, according to a Wall Street Journal analysis.  During the past five years, the U.S. Department of Homeland Security has distributed more than $50 million in federal grants to law-enforcement agencies—ranging from sprawling Los Angeles to little Crisp County, Ga., pop. 23,000—for automated license-plate recognition systems.  A 2010 study estimates that more than a third of large U.S. police agencies use automated plate-reading systems.  The information captured is considerable.  Through a public-records act request, The Journal obtained two years' worth of plate information from the Riverside County Sheriff's Department in California.  From Sept. 10, 2010, to Aug. 27, 2012, the sheriff's cameras captured about 6 million license-plate scans. 

The Federal Voting Assistance Program at the Pentagon and other groups have been working recently to make it easier for overseas Americans and those in the military to register to vote online and to download their ballots.  The question is whether it's safe to return the voted ballot online.  Some election officials say it's a trade-off between security and convenience.  Bob Carey, director of FVAP, told a group of bloggers in October that there are risks to online voting, but also "inherent security risks with the current system," such as people not getting their ballots on time and losing the opportunity to vote.  Carey added that "there's not going to be any electronic voting system that's ever going to be 100 percent secure, but also the current paper-based system is not 100 percent reliable either."  The Pentagon is exploring the possibility of expanding e-voting opportunities for the military and overseas Americans.  A handful of states are also considering pilot programs that would allow voters to vote directly online, as West Virginia did in 2010.  The District of Columbia had to cancel its online voting plans in 2010 after University of Michigan computer experts were able to infiltrate the system and remotely change votes.  http://www.npr.org/blogs/itsallpolitics/2012/03/29/149634764/online-voting-premature-warns-government-cybersecurity-expert

In June 2010, the Open Source Digital Voting Foundation announced that it had been selected by the District of Columbia Board of Elections and Ethics (BOEE) to support a project to allow Internet voting for military and overseas voters, starting with the upcoming September primary.  The BOEE had optimistically planned a "public review period" in advance of the primary in which everyone was invited to try to attack the system in a mock election.  While the system was not ready for the primary, a public test was eventually scheduled to run from September 28 to October 6, with midterm election voting scheduled to begin October 11 or 12. 

The break-in.  By October 1 people testing the system reported hearing the University of Michigan fight song following a 15-second pause after they submitted their ballots.  A Michigan team had taken over the system within 36 hours of the start of the tests by exploiting a shell-injection vulnerability, thereby gaining almost total control over the BOEE server.  The attackers remained in control for two business days, until the BOEE halted the test after noon on October 1.   An attacker intent on subverting a real election would not leave such an obvious calling card.  The delay between the break-in and the shutdown of the system reveals how difficult it is to determine that a break-in has occurred, even when the "culprits" announce themselves with music.  Read entire article, Internet Voting in the U.S. byat:  http://cacm.acm.org/magazines/2012/10/155536-internet-voting-in-the-us/fulltext

A federal judge on October 10 threw out a copyright infringement lawsuit against universities that participated in a massive book-digitization project in conjunction with Google without permission from rights holders.  U.S. District Judge Harold Baer of New York dismissed an infringement lawsuit brought by the Authors Guild and other writers’ guilds, saying the universities had a fair use defense.  The guild accused the University of California, University of Wisconsin, Indiana University, Cornell University and University of Michigan of wanton copyright infringement for scanning and placing the books into the so-called HathiTrust Digital Library.  The trust consists of 10 million digital volumes, 73 percent of which are protected by copyright.  The trust provides full-text searches only with a rights holder’s permission, and gives full-text access for readers with “certified print disabilities,” Baer said.  Google has scanned the books for the universities as part of its Google Books project.  The Authors Guild is suing Google in related litigation, which is stalled on appeal.  Several publishers, also suing Google, settled with Google last week for undisclosed terms.  Fair use is a defense to copyright infringement and may be invoked for purposes such as criticism, commentary, news reporting, teaching, scholarship or research, the judge noted.  He said the Americans With Disabilities Act (ADA) also played a major factor.

Tucked into the U.S. Supreme Court’s busy agenda this fall is a little-known case that could upend your ability to resell everything from your grandmother’s antique furniture to your iPhone 4.  At issue in Kirtsaeng v. John Wiley & Sons is the first-sale doctrine in copyright law, which allows you to buy and then sell things like electronics, books, artwork and furniture as well as CDs and DVDs, without getting permission from the copyright holder of those products.  Under the doctrine, which the Supreme Court has recognized since 1908, you can resell your stuff without worry because the copyright holder only had control over the first sale.  Put simply, though Apple has the copyright on the iPhone and Mark Owen does on the book “No Easy Day,” you can still sell your copies to whomever you please whenever you want without retribution.  
That’s being challenged now for products that are made abroad and if the Supreme Court upholds an appellate court ruling it would mean that the copyright holders of anything you own that has been made in China, Japan or Europe, for example, would have to give you permission to sell it.  http://articles.marketwatch.com/2012-10-04/finance/34240922_1_copyright-iphone-john-wiley-sons
 
The Facts So Far from http://facethefactsusa.org/facts-so-far/   "Face the Facts USA delivers provocative facts about big issues to help Americans debunk myths, hold better conversations, get involved, and make choices as smarter citizens."  See 100 facts unfold leading up the election.

A federal appeals court ruled October 11 http://www.ca6.uscourts.gov/opinions.pdf/12a0359p-06.pdf that Ohio boards of elections must count provisional ballots with errors caused by poll workers.  The ruling by the U.S. Court of Appeals for the Sixth Circuit was the second major voting-related court decision in as many days.  On October 10, a special three-judge panel in Washington, D.C., blessed South Carolina’s voter new identification law but suspended its enforcement until after the 2012 elections, to give the state time to educate voters and fully implement the measure.  The Ohio ruling stems from a lawsuit filed by a union and two community groups in June seeking to block enforcement of a law that, as interpreted by the state’s Supreme Court, allowed elections boards to throw out provisional ballots cast in the wrong precinct.  A federal judge ruled in August that the measure was likely unconstitutional, prompting the state to appeal to the Cincinnati-based Sixth Circuit.  Voters can cast provisional ballots if their name isn’t on the voter registration list in their precinct on Election Day.  The state counts them later, when the voters’ information is verified.  The appeals court ruled that the state must count provisional ballots cast in the wrong precinct but at the right polling place, as long as the error was the fault of a poll worker.  (Some polling places serve voters from several precincts.)  A federal district court found that Ohio rejected more than 14,000 wrong-precinct ballots in 2008 and 11,000 more in 2010.  http://blogs.wsj.com/law/2012/10/11/sixth-circuit-ohio-must-count-votes-cast-in-wrong-precinct/?mod=djemlawblog_h

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