Tag Archives: US Government

Kim Dotcom Loses Megaupload Domain Names, Gets “Destroyed” Gaming Chair Back

Post Syndicated from Ernesto original https://torrentfreak.com/kim-dotcom-loses-megaupload-domain-names-gets-destroyed-gaming-chair-back-180117/

Following the 2012 raid on Megaupload and Kim Dotcom, U.S. and New Zealand authorities seized millions of dollars in cash and other property, located around the world.

Claiming the assets were obtained through copyright and money laundering crimes, the U.S. government launched separate civil cases in which it asked the court to forfeit bank accounts, servers, domain names, and other seized possessions of the Megaupload defendants.

One of these cases was lost after the U.S. branded Dotcom and his colleagues as “fugitives”.The defense team appealed the ruling, but lost again, and a subsequent petition at the Supreme Court was denied.

Following this lost battle, the U.S. also moved to conclude a separate civil forfeiture case, which was still pending at a federal court in Virginia.

The assets listed in this case are several bank accounts, including several at PayPal, as well as 60 servers Megaupload bought at Leaseweb. What has the most symbolic value, however, are the domain names that were seized, including Megaupload.com, Megaporn.com and Megavideo.com.

Mega’s domains

This week a U.S. federal court decided that all claims of Kim Dotcom, his former colleague Mathias Ortman, and several Megaupload-related companies should be stricken. A default was entered against them on Tuesday.

The same fugitive disentitlement argument was used in this case. This essentially means that someone who’s considered to be a fugitive from justice is not allowed to get relief from the judicial system he or she evades.

“Claimants Kim Dotcom and Mathias Ortmann have deliberately avoided prosecution by declining to enter or reenter the United States,” Judge Liam O’Grady writes in his order to strike the claims.

“Because Claimant Kim Dotcom, who is himself a fugitive under Section 2466, is the Corporate Claimants’ controlling shareholder and, in particular, because he signed the claims on behalf of the corporations, a presumption of disentitlement applies to the corporations as well.”

As a result, the domain names which once served 50 million users per day, are now lost to the US Government. The court records list 18 domains in total, which were registered through Godaddy, DotRegistrar, and Fabulous.

Given the legal history, the domains and other assets are likely lost for good. However, Megaupload defense lawyer Ira Rothken is not giving up yet.

“We are still evaluating the legal options in a climate where Kim Dotcom is being labeled a fugitive in a US criminal copyright case even though he has never been to the US, is merely asserting his US-NZ extradition treaty rights, and the NZ High Court has ruled that he and his co-defendants did not commit criminal copyright infringement under NZ law,” Rothken tells TorrentFreak.

There might be a possibility that assets located outside the US could be saved. Foreign courts are more open to defense arguments, it seems, as a Hong Kong court previously ordered the US to return several assets belonging to Kim Dotcom.

The Hong Kong case also brought some good news this week. At least, something that was supposed to be positive. On Twitter, Dotcom writes that two containers with seized assets were returned, but in a “rotten and destroyed” state.

“A shipment of 2 large containers just arrived in New Zealand. This is how all my stuff looks now. Rotten & destroyed. Photo: My favorite gaming chair,” Dotcom wrote.

According to Dotcom, the US Government asked him to pay for ‘climate controlled’ storage for more than half a decade to protect the seized goods. However, judging from the look of the chair and the state of some other belongings, something clearly went wrong.

Rotten & destroyed

Source: TF, for the latest info on copyright, file-sharing, torrent sites and more. We also have VPN discounts, offers and coupons

US Govt Brands Torrent, Streaming & Cyberlocker Sites As Notorious Markets

Post Syndicated from Andy original https://torrentfreak.com/us-govt-brands-torrent-streaming-cyberlocker-sites-as-notorious-markets-180115/

In its annual “Out-of-Cycle Review of Notorious Markets” the office of the United States Trade Representative (USTR) has listed a long list of websites said to be involved in online piracy.

The list is compiled with high-level input from various trade groups, including the MPAA and RIAA who both submitted their recommendations (1,2) during early October last year.

With the word “allegedly” used more than two dozen times in the report, the US government notes that its report does not constitute cast-iron proof of illegal activity. However, it urges the countries from where the so-called “notorious markets” operate to take action where they can, while putting owners and facilitators on notice that their activities are under the spotlight.

“A goal of the List is to motivate appropriate action by owners, operators, and service providers in the private sector of these and similar markets, as well as governments, to reduce piracy and counterfeiting,” the report reads.

“USTR highlights the following marketplaces because they exemplify global counterfeiting and piracy concerns and because the scale of infringing activity in these marketplaces can cause significant harm to U.S. intellectual property (IP) owners, consumers, legitimate online platforms, and the economy.”

The report begins with a page titled “Issue Focus: Illicit Streaming Devices”. Unsurprisingly, particularly given their place in dozens of headlines last year, the segment focus on the set-top box phenomenon. The piece doesn’t list any apps or software tools as such but highlights the general position, claiming a cost to the US entertainment industry of $4-5 billion a year.

Torrent Sites

In common with previous years, the USTR goes on to list several of the world’s top torrent sites but due to changes in circumstances, others have been delisted. ExtraTorrent, which shut down May 2017, is one such example.

As the world’s most famous torrent site, The Pirate Bay gets a prominent mention, with the USTR noting that the site is of “symbolic importance as one of the longest-running and most vocal torrent sites. The USTR underlines the site’s resilience by noting its hydra-like form while revealing an apparent secret concerning its hosting arrangements.

“The Pirate Bay has allegedly had more than a dozen domains hosted in various countries around the world, applies a reverse proxy service, and uses a hosting provider in Vietnam to evade further enforcement action,” the USTR notes.

Other torrent sites singled out for criticism include RARBG, which was nominated for the listing by the movie industry. According to the USTR, the site is hosted in Bosnia and Herzegovina and has changed hosting services to prevent shutdowns in recent years.

1337x.to and the meta-search engine Torrentz2 are also given a prime mention, with the USTR noting that they are “two of the most popular torrent sites that allegedly infringe U.S. content industry’s copyrights.” Russia’s RuTracker is also targeted for criticism, with the government noting that it’s now one of the most popular torrent sites in the world.

Streaming & Cyberlockers

While torrent sites are still important, the USTR reserves considerable space in its report for streaming portals and cyberlocker-type services.

4Shared.com, a file-hosting site that has been targeted by dozens of millions of copyright notices, is reportedly no longer able to use major US payment providers. Nevertheless, the British Virgin Islands company still collects significant sums from premium accounts, advertising, and offshore payment processors, USTR notes.

Cyberlocker Rapidgator gets another prominent mention in 2017, with the USTR noting that the Russian-hosted platform generates millions of dollars every year through premium memberships while employing rewards and affiliate schemes.

Due to its increasing popularity as a hosting and streaming operation, Openload.co (Romania) is now a big target for the USTR. “The site is used frequently in combination with add-ons in illicit streaming devices. In November 2017, users visited Openload.co a staggering 270 million times,” the USTR writes.

Owned by a Swiss company and hosted in the Netherlands, the popular site Uploaded is also criticized by the US alongside France’s 1Fichier.com, which allegedly hosts pirate games while being largely unresponsive to takedown notices. Dopefile.pk, a Pakistan-based storage outfit, is also highlighted.

On the video streaming front, it’s perhaps no surprise that the USTR focuses on sites like FMovies (Sweden), GoStream (Vietnam), Movie4K.tv (Russia) and PrimeWire. An organization collectively known as the MovShare group which encompasses Nowvideo.sx, WholeCloud.net, NowDownload.cd, MeWatchSeries.to and WatchSeries.ac, among others, is also listed.

Unauthorized music / research papers

While most of the above are either focused on video or feature it as part of their repertoire, other sites are listed for their attention to music. Convert2MP3.net is named as one of the most popular stream-ripping sites in the world and is highlighted due to the prevalence of YouTube-downloader sites and the 2017 demise of YouTube-MP3.

“Convert2MP3.net does not appear to have permission from YouTube or other sites and does not have permission from right holders for a wide variety of music represented by major U.S. labels,” the USTR notes.

Given the amount of attention the site has received in 2017 as ‘The Pirate Bay of Research’, Libgen.io and Sci-Hub.io (not to mention the endless proxy and mirror sites that facilitate access) are given a detailed mention in this year’s report.

“Together these sites make it possible to download — all without permission and without remunerating authors, publishers or researchers — millions of copyrighted books by commercial publishers and university presses; scientific, technical and medical journal articles; and publications of technological standards,” the USTR writes.

Service providers

But it’s not only sites that are being put under pressure. Following a growing list of nominations in previous years, Swiss service provider Private Layer is again singled out as a rogue player in the market for hosting 1337x.to and Torrentz2.eu, among others.

“While the exact configuration of websites changes from year to year, this is the fourth consecutive year that the List has stressed the significant international trade impact of Private Layer’s hosting services and the allegedly infringing sites it hosts,” the USTR notes.

“Other listed and nominated sites may also be hosted by Private Layer but are using
reverse proxy services to obfuscate the true host from the public and from law enforcement.”

The USTR notes Switzerland’s efforts to close a legal loophole that restricts enforcement and looks forward to a positive outcome when the draft amendment is considered by parliament.

Perhaps a little surprisingly given its recent anti-piracy efforts and overtures to the US, Russia’s leading social network VK.com again gets a place on the new list. The USTR recognizes VK’s efforts but insists that more needs to be done.

Social networking and e-commerce

“In 2016, VK reached licensing agreements with major record companies, took steps to limit third-party applications dedicated to downloading infringing content from the site, and experimented with content recognition technologies,” the USTR writes.

“Despite these positive signals, VK reportedly continues to be a hub of infringing activity and the U.S. motion picture industry reports that they find thousands of infringing files on the site each month.”

Finally, in addition to traditional pirate sites, the US also lists online marketplaces that allegedly fail to meet appropriate standards. Re-added to the list in 2016 after a brief hiatus in 2015, China’s Alibaba is listed again in 2017. The development provoked an angry response from the company.

Describing his company as a “scapegoat”, Alibaba Group President Michael Evans said that his platform had achieved a 25% drop in takedown requests and has even been removing infringing listings before they make it online.

“In light of all this, it’s clear that no matter how much action we take and progress we make, the USTR is not actually interested in seeing tangible results,” Evans said in a statement.

The full list of sites in the Notorious Markets Report 2017 (pdf) can be found below.

– 1fichier.com – (cyberlocker)
– 4shared.com – (cyberlocker)
– convert2mp3.net – (stream-ripper)
– Dhgate.com (e-commerce)
– Dopefile.pl – (cyberlocker)
– Firestorm-servers.com (pirate gaming service)
– Fmovies.is, Fmovies.se, Fmovies.to – (streaming)
– Gostream.is, Gomovies.to, 123movieshd.to (streaming)
– Indiamart.com (e-commerce)
– Kinogo.club, kinogo.co (streaming host, platform)
– Libgen.io, sci-hub.io, libgen.pw, sci-hub.cc, sci-hub.bz, libgen.info, lib.rus.ec, bookfi.org, bookzz.org, booker.org, booksc.org, book4you.org, bookos-z1.org, booksee.org, b-ok.org (research downloads)
– Movshare Group – Nowvideo.sx, wholecloud.net, auroravid.to, bitvid.sx, nowdownload.ch, cloudtime.to, mewatchseries.to, watchseries.ac (streaming)
– Movie4k.tv (streaming)
– MP3VA.com (music)
– Openload.co (cyberlocker / streaming)
– 1337x.to (torrent site)
– Primewire.ag (streaming)
– Torrentz2, Torrentz2.me, Torrentz2.is (torrent site)
– Rarbg.to (torrent site)
– Rebel (domain company)
– Repelis.tv (movie and TV linking)
– RuTracker.org (torrent site)
– Rapidgator.net (cyberlocker)
– Taobao.com (e-commerce)
– The Pirate Bay (torrent site)
– TVPlus, TVBrowser, Kuaikan (streaming apps and addons, China)
– Uploaded.net (cyberlocker)
– VK.com (social networking)

Source: TF, for the latest info on copyright, file-sharing, torrent sites and more. We also have VPN discounts, offers and coupons

New Zealand Prepares Consultation to Modernize Copyright Laws

Post Syndicated from Andy original https://torrentfreak.com/new-zealand-prepares-consultation-to-modernize-copyright-laws-171218/

The Copyright Act 1994 is the key legislation governing New Zealand’s handling of intellectual property issues, covering protection, infringement, exceptions and enforcement. It last underwent a review more than a decade ago resulting in the Copyright (New Technologies) Amendment Act 2008.

Like much copyright law worldwide, New Zealand’s legislation has struggled to keep pace with technological change so, during the summer, the last government announced plans for a review with several key goals:

Assess the performance of the Copyright Act against the objectives of New Zealand’s copyright regime.

Identify barriers to achieving the objectives of New Zealand’s copyright regime, and the level of impact that these barriers have.

Formulate a preferred approach to addressing these issues – including amendments to the Copyright Act, and the commissioning of further work on any other regulatory or non-regulatory options that are identified.

The former government planned to initiate a public consultation in the second quarter of 2018, with a review being informed by the responses. According to an announcement Friday, the new government plans to go ahead with the overhaul, beginning in April as previously envisioned.

Many of the hot topics in the United States, Europe and closer to home in Australia are expected to come to the forefront, including site-blocking, service provider safe harbor provisions, and the thorny issue of fair use.

Speaking with RadioNZ, New Zealand Screen Association managing director Matthew Cheetham says that new legislation is required to keep pace with a rapidly moving landscape.

“In New Zealand, piracy is almost an accepted thing, because no one’s really doing anything about it, because no one actually can do anything about it,” Cheetham says.

“As new technologies have evolved, the law has struggled to keep pace with those new technologies and to make sure that the law is fit for purpose in the digital age.”

As the local representative for several Hollywood studios, it’s no surprise that NZSA will be seeking amendments that will force ISPs to block access to popular pirate sites, as they do already in the UK, Europe, and Australia.

“If the site is infringing [a court] can order internet service providers to block access to that site. Forty-two countries around the world have recognised that blocking access when it’s carefully defined is a perfectly legitimate avenue for rights holders to protect their rights,” Cheetham notes.

While there hasn’t been a major copyright overhaul in more than a decade, New Zealand is no stranger to prolonged exercises to try and stop piracy.

The country spent huge amounts of time and money late last decade in order to come up with the Copyright (Infringing File Sharing) Amendment Act 2011. It laid out a system under which pirates received escalating warnings culminating in eventual disconnection from the Internet. But, with escalating costs (between NZ$20 and NZ$25 per notice), the scheme was ultimately an expensive flop.

“We have an entire regime that allows copyright holders to seek and send notices to users that are committing piracy and actually have a process in a court-based system that allows remedies to be pursued,” Internet New Zealand deputy chief executive Andrew Cushen told RadioNZ.

“None of them are using it. Why would we now look at a wholly different solution that none of them are going to use as well?”

As someone who has been acutely affected by New Zealand’s approach to intellectual property rights enforcement, Kim Dotcom certainly has an interest in the development of local copyright law. The Megaupload founder was arrested in 2012 for alleged copyright offenses that he insists aren’t even a crime in New Zealand. So what advice does he have for the review?

According to the entrepreneur, the NZ Copyright Act is “mostly good”, noting that it protects both ISPs and consumers. Given the chance, however, he would remind judges about the purpose of the act.

“The NZ Copyright Act is a code. The Copyright Act creates a special property right. No other act applies to this special property right, including the crimes act,” Dotcom informs TF.

“This might be a helpful yardstick for Judges who don’t understand the Copyright Act and attempt to create new and unintended law from the bench. Just like in my case.”

Only time will tell how the public consultation will play out but it seems likely that tackling the “Value Gap” situation will be high up the agenda, especially if that can be achieved by eroding Internet companies’ safe harbors under copyright law. Expect that to receive significant push-back from the technology sector.

Source: TF, for the latest info on copyright, file-sharing, torrent sites and more. We also have VPN discounts, offers and coupons

US Government Teaches Anti-Piracy Skills Around The Globe

Post Syndicated from Ernesto original https://torrentfreak.com/us-government-teaches-anti-piracy-skills-around-the-globe-171217/

Online piracy is a global issue. Pirate sites and services tend to operate in multiple jurisdictions and are purposefully set up to evade law enforcement.

This makes it hard for police from one country to effectively crack down on a site in another. International cooperation is often required, and the US Government is one of the leaders on this front.

The US Department of Justice (DoJ) has quite a bit of experience in tracking down pirates and they are actively sharing this knowledge with countries that can use some help. This goes far beyond the occasional seminar.

A diplomatic cable obtained through a Freedom of Information request provides a relatively recent example of these efforts. The document gives an overview of anti-piracy training, provided and funded by the US Government, during the fall of 2015.

“On November 24 and 25, prosecutors and investigators from Romania, Moldova, Bulgaria, and Turkey participated in a two-day, US. Department of Justice (USDOJ)-sponsored training program on combatting online piracy.

“The program updated participants on legal issues, including data retention legislation, surrounding the investigation and prosecution of online piracy,” the cable adds.

According to the cable, piracy has become a very significant problem in Eastern Europe, costing rightsholders and governments millions of dollars in revenues. After the training, local law enforcement officers in these countries should be better equipped to deal with the problem.

Pirates Beware

The event was put together with help from various embassies and among the presenters were law enforcement professionals from around the world.

The Director of the DoJ’s CCIPS Cybercrime Laboratory was among the speakers. He gave training on computer forensics and participants were provided with various tools to put this to use.

“Participants were given copies of forensic tools at the conclusion of the program so that they could put to use some of what they saw demonstrated during the training,” the cable reads.

While catching pirates can be quite hard already, getting them convicted is a challenge as well. Increasingly we’ve seen criminal complaints using non-copyright claims to have site owners prosecuted.

By using money laundering and tax offenses, pirates can receive tougher penalties. This was one of the talking points during the training as well.

“Participants were encouraged to consider the use of statutes such as money laundering and tax evasion, in addition to those protecting copyrights and trademarks, since these offenses are often punished more severely than standalone intellectual property crimes.”

The cable, written by the US Embassy in Bucharest, provides a lot of detail about the two-day training session. It’s also clear on the overall objective. The US wants to increase the likelihood that pirate sites are brought to justice. Not only in the homeland, but around the globe.

“By focusing approximately forty investigators and prosecutors from four countries on how they can more effectively attack rogue sites, and by connecting rights holders and their investigators with law enforcement, the chances of pirates being caught and held accountable have increased.”

While it’s hard to link the training to any concrete successes, Romanian law enforcement did shut down the country’s leading pirate site a few months later. As with a previous case in Romania, which involved the FBI, money laundering and tax evasion allegations were expected.

While it’s not out of the ordinary for international law enforcers to work together, it’s notable how coordinated the US efforts are. Earlier this week we wrote about the US pressure on Sweden to raid The Pirate Bay. And these are not isolated incidents.

While the US Department of Justice doesn’t reveal all details of its operations, it is very open about its global efforts to protect Intellectual Property.

Around the world..

The DoJ’s Computer Crime and Intellectual Property Section (CCIPS) has relationships with law enforcement worldwide and regularly provides training to foreign officers.

A crucial part of the Department’s international enforcement activities is the Intellectual Property Law Enforcement Coordinator (IPLEC) program, which started in 2006.

Through IPLECs, the department now has Attorneys stationed in Thailand, Hong Kong, Romania, Brazil, and Nigeria. These Attorneys keep an eye on local law enforcement and provide assistance and training, to protect US copyright holders.

“Our strategically placed coordinators draw upon their subject matter expertise to help ensure that property holders’ rights are enforced across the globe, and that the American people are protected from harmful products entering the marketplace,” Attorney General John Cronan of the Criminal Division said just last Friday.

Or to end with the title of the Romanian cable: ‘Pirates beware!’

The cable cited here was made available in response to a Freedom of Information request, which was submitted by Rachael Tackett and shared with TorrentFreak. It starts at page 47 of document 2.

Source: TF, for the latest info on copyright, file-sharing, torrent sites and more. We also have VPN discounts, offers and coupons

Kim Dotcom’s Extradition Battle Suffers High Court Setback

Post Syndicated from Andy original https://torrentfreak.com/kim-dotcoms-extradition-battle-suffers-high-court-setback-171215/

In 2012, file-hosting site Megaupload was shut down by the United States government and founder Kim Dotcom and his associates were arrested in New Zealand.

Ever since, the US government has sought to extradite Dotcom on several counts including copyright infringement, racketeering, and money laundering. Dotcom has fought them every single step of the way.

One of the key areas of conflict has been the validity of the search warrants used to raid his Coatesville home on January 20, 2012. The fight has been meticulous and lengthy but in 2014, following appeals to lower courts, the Supreme Court finally dismissed Dotcom’s appeals that the search warrants weren’t valid.

Following a three-month hearing, the District Court later found that Dotcom was eligible for extradition. Dotcom appealed again but in February 2017 the High Court ruled that the entrepreneur could indeed be transferred to the United States.

Dotcom subsequently appealed the High Court decision to the Court of Appeal, a hearing that will go ahead in February 2018. Last summer, the Megaupload founder also “attacked the underpinnings of the extradition process” by filing an eight-point statement of claim for judicial review. This morning the High Court handed down its decision and it looks like bad news for Dotcom

The causes of action presented by the Megaupload founder were varied but began by targeting the validity of the arrest warrants used in January 2012 and by extension every subsequent process, including the extradition effort itself.

“Accordingly, the relief sought includes orders that the extradition proceeding be quashed or set aside and that Mr Dotcom be discharged,” the ruling reads.

However, the Court describes this argument as an abuse of process, noting that the Supreme Court has already upheld the validity of the search warrants and a High Court ruling confirmed the District Court’s finding that Dotcom is eligible for extradition, a process that will soon head to the Court of Appeal.

But Dotcom’s arguments continued, with attacks on the validity of search warrants and a request to quash them and return all property seized under their authority. Another point asserted that a US request to seize Dotcom’s assets in New Zealand was invalid because no extraditable offense had been committed.

Unfortunately for Dotcom, none of his detailed arguments gained traction with the Hight Court. In his decision, Justice Timothy Brewer sides with the US government which previously described the efforts as “collateral attacks on previous decisions of the Courts and an attempt to pre-empt Mr Dotcom’s appeal.”

The Judge eventually rejected seven out of the eight causes of action in a 22-page ruling (pdf) published this morning.

“I have granted the USA’s application to strike out causes of action 1 to 7 of the statement of claim for judicial review dated 21 July 2017. The proceeding is now ‘live’ only in relation to the eighth cause of action,” Justice Brewer writes.

“I direct that the proceeding be listed for mention in relation to the eighth cause of action in the duty list at 10:00 am on 7 February 2018.”

The eighth point, which wasn’t challenged by the US, concerns the “decision by the Deputy Solicitor-General in June 2017 to direct that clones be made of the electronic devices seized from Mr Dotcom’s homes and that they be sent to the USA.”

A few minutes ago, Dotcom took to Twitter with an apparent upbeat reference to the ruling.

Like all things Dotcom, the show won’t be over until every last stone has been unturned. Next stop, Court of Appeal in February.

Source: TF, for the latest info on copyright, file-sharing, torrent sites and more. We also have VPN discounts, offers and coupons

How The US Pushed Sweden to Take Down The Pirate Bay

Post Syndicated from Ernesto original https://torrentfreak.com/how-the-us-pushed-sweden-to-take-down-the-pirate-bay-171212/

It’s well known that the US Government is actively involved in copyright enforcement efforts around the globe.

In some countries they’ve actively helped write copyright law. Elsewhere, U.S. authorities provide concrete suggestions for improvement, including in Sweden.

After The Pirate Bay was raided for the first time, more than ten years ago, the media highlighted that the U.S. Government and Hollywood pulled strings behind the scenes. However, little was known about what this actually entailed.

Today we can provide more context, thanks to a Freedom of Information request that was sent to the U.S. Department of State. While the events happened a decade ago, they show how action against The Pirate Bay was discussed at the highest political level.

The trail starts with a cable sent from the US Embassy in Sweden to Washington in November 2005. This is roughly six months before the Pirate Bay raid, which eventually resulted in criminal convictions for four men connected to the site.

The Embassy writes that Hollywood’s MPAA and the local Anti-Piracy Bureau (APB) met with US Ambassador Bivins and, separately, with Swedish State Secretary of Justice at the time, Dan Eliasson. The Pirate Bay issue was at the top of the agenda during these meetings.

“The MPA is particularly concerned about PirateBay, the world‘s largest Torrent file-sharing tracker. According to the MPA and based on Embassy’s follow-up discussions, the Justice Ministry is very interested in a constructive dialogue with the US. on these concerns,” the cable reads.

“Embassy understands that State and Commerce officials have also met with Swedish officials in Washington on the same concern,” it adds, with the Embassy requesting further “guidance” from Washington.

The document adds that there has been some movement on the piracy enforcement front in Sweden, with two legal cases pending. However, those were not the targets Hollywood was looking for.

“We have yet to see a ‘big fish’ tried – something the MPA badly wants to see, particularly in light of the fact that Sweden hosts the largest Bit Torrent file-sharing tracker in the world, ‘Pirate-Bay’, which openly flaunts IPR,” the cable writer comments.

Interestingly, Hollywood and the authorities were aware of the fact that a case against The Pirate Bay wouldn’t be an easy one. The site never stored any infringing material directly and had proper legal backing, the cable points out.

“However, it is not clear to us what constraints Sweden and even U.S. authorities would be under in pursuing a case like this when the site is legally well advised and studiously avoids storing any copyrighted material.”

At the time there were some rumors that Sweden would be placed on the US Trade Representative’s 301 Watch List. This could possibly result in negative trade implications. However, in a cable written April 2006, the US Embassy in Sweden was informed that, while there were concerns, it would not be listed. Not yet at least.

“We understand that a specialized organization for enforcement against Internet piracy currently is under consideration,” the cable reads, while mentioning The Pirate Bay once again.

“We are encouraged by reports of ongoing efforts related to Internet piracy in Sweden; however, the increase in Pirate Bay peers, up 74 percent in just the last 7 months, demonstrates the urgent need to step up current efforts dramatically to address this issue in the near term.”

Then the ‘inevitable’ happened. On May 31, 2006, The Pirate Bay was raided by 65 Swedish police officers. They entered a datacenter in Stockholm with instructions to shut down the Pirate Bay’s servers and collect vital evidence.

A few weeks after the raid, the Embassy sent another cable to Washington informing the homefront on the apparent success of their efforts.

“Starting with the Motion Picture Association of America (MPAA) visit to post last fall, Embassy Stockholm has engaged intensely with our Swedish interlocutors in efforts to improve IPR enforcement, in particular with regard to Internet piracy. The actions on May 31 thus mark a significant victory for our IPR efforts.”

The US clearly saw a link between their diplomatic maneuvering and the Pirate Bay raid. This link was also brought up in the media at the time, with news reports citing sources claiming that Justice Minister Bodström and his State Secretary Dan Eliasson ordered the police raid under US pressure.

Interestingly, both Bodström and Eliasson denied any direct involvement of the Justice Ministry with the work of the police and prosecutors in the Pirate Bay case.

While the cables make it very clear that the US wanted The Pirate Bay gone, the Embassy said that the raid went beyond their expectations, suggesting they were not directly involved. The pressure was clearly there though.

In future cables, the Pirate Bay case was often mentioned, with regular updates on the media backlash and progress in the criminal investigation. According to the US Embassy in Sweden, shutting down The Pirate Bay “should not be underestimated as a sign of [Sweden’s] willingness to take action and their position against illegal piracy.”

The cables also make clear that in Washington, the Pirate Bay raid was celebrated as a victory that was directly triggered by US diplomacy.

In a cable sent in April 2007, the Embassy nominated one of its employees, whose name is redacted, for the State Department’s Foreign Service National (FSN) of the year award. Again, The Pirate Bay case was brought up.

“REDACTED has spearheaded-work on Internet piracy enforcement in Sweden. The issue is particularly acute here as Sweden was home to the largest Internet piracy site (Pirate Bay) in the world. The work has involved extensive contacts with the Ministry of Justice, the Motion Picture Agency, as well as the Anti-Piracy Bureau.”

The employee is praised for her diplomatic efforts behind the scenes which directly led to the decision to raid The Pirate Bay, the Embassy writes.

“REDACTED skillful outreach directly led to a bold decision by Swedish law enforcement authorities to raid Pirate Bay and shut it down. This was recognized as a major achievement in Washington in furthering U.S. efforts to combat Internet piracy worldwide.”

Despite US officials taking credit for the Pirate Bay raid, it didn’t turn out to be the success they had hoped for. The notorious torrent site was back online after three days, “flaunting IPR” bolder and braver than ever before.

The press coverage was largely unfavorable towards the US Government and Hollywood, while the people behind the site were seen as heroes by many.

The US Embassy in Sweden was well aware of the delicate situation but kept pushing for stronger copyright measures behind the scenes. This time even further in the background than before.

“The Pirate Bay raid was portrayed as caving to USG pressure. The delicate situation made it difficult, if not counter-productive, for the Embassy to play a public role on IPR issues. Behind the scenes, the Embassy has worked well with all stakeholders,” Washington was informed February 2008.

At the time, Sweden was being considered for the 301 Watch List once again. The Embassy pointed out that, given the public suspicion, this could backfire. The other option was to keep a potential watch list entry as a “looming threat” while Sweden implements the changes they’re looking for.

“The USG [US Govt] has to carefully determine which course of action will be the most productive; (1) a Watch-Listing with potentially negative repercussions in future GOS [Swedish Govt.] cooperation and in the public eye; or (2) continuing to exercise influence behind the scenes, with a potential Watch-Listing looming in the background as a continued threat.”

As our earlier coverage has shown, Sweden then went on to implement a list of copyright changes which also happened to be proposed by US copyright holders. Needless to say, Sweden was never placed on the US Trade Representative’s 301 Watch List.

TorrentFreak spoke with Peter Sunde, one of the Pirate Bay co-founders who was indicted after the raid, and who has since served a jail sentence for his involvement with the site.

He is happy to see the new information being released. This is yet more confirmation of what he and many others have known for quite some time.

While former Swedish State Secretary of Justice Dan Eliasson, who now happens to be the national police commissioner, denied any direct orders from the Justice Ministry, it’s clear that US pressure made an impact.

“It’s been an open secret that the USG was behind the unlawful raid against The Pirate Bay, and exerting their power with threats against Sweden like this. It’s nice to see these documents coming up, interestingly enough from the most secretive of governments,” he says.

There is still a lot of information missing though. The documents mention a fifth person that was supposed to be indicted, for example, which is completely new information. Sunde hopes that Sweden will open up its secret archives as well.

“I’m hoping that Sweden will now follow up and release the 747 documents they’ve classified as secret regarding this affair. The Minister of Justice at the time, Thomas Bodström, said that he would put all the cards on the table so the public would know what happened, but then classified these 747 documents as secret.

“Sweden has a proud history of transparency, celebrating 250 years of freedom of the press this year, and it’s an open sore that these documents are being held as classified,” Sunde adds.

The relevant responses to the Freedom of Information request, which was submitted by Rachael Tackett and shared with TorrentFreak, are available here.

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GoMovies/123Movies Launches Anime Streaming Site

Post Syndicated from Ernesto original https://torrentfreak.com/gomovies123movies-launches-anime-streaming-site-171204/

Pirate video streaming sites are booming. Their relative ease of use through on-demand viewing makes them a viable alternative to P2P file-sharing, which traditionally dominated the piracy arena.

The popular movie streaming site GoMovies, formerly known as 123movies, is one of the most-used streaming sites. Despite the rebranding and several domain changes, it has built a steady base of millions of users over the past year and a half.

And it’s not done yet, we learn today.

The site, currently operating from the Gostream.is domain name, recently launched a new spinoff targeting anime fans. Animehub.to is currently promoted on GoMovies and the site’s operators aim to turn it into the leading streaming site for anime content.

Animehub.to

Someone connected to GoMovies told us that they’ve received a lot of requests from users to add anime content. Anime has traditionally been a large niche on file-sharing sites and the same is true on streaming platforms.

Technically speaking, GoMovies could have easily filled up the original site with anime content, but the owners prefer a different outlet.

With a separate anime site, they hope to draw in more visitors, TorrentFreak was told by an insider. For one, this makes it possible to rank better in search engines. It also allows the operators to cater specifically to the anime audience, with anime specific categories and release schedules.

Anime copyright holders will not be pleased with the new initiative, that’s for sure, but GoMovies is not new to legal pressure.

Earlier this year the US Ambassador to Vietnam called on the local Government to criminally prosecute people behind 123movies, the previous iteration of the site. In addition, the MPAA reported the site to the US Government in its recent overview of notorious pirate sites.

Pressure or not, it appears that GoMovies has no intention of slowing down or changing its course, although we’ve heard that yet another rebranding is on the horizon.

Source: TF, for the latest info on copyright, file-sharing, torrent sites and more. We also have VPN discounts, offers and coupons

New White House Announcement on the Vulnerability Equities Process

Post Syndicated from Bruce Schneier original https://www.schneier.com/blog/archives/2017/11/new_white_house_1.html

The White House has released a new version of the Vulnerabilities Equities Process (VEP). This is the inter-agency process by which the US government decides whether to inform the software vendor of a vulnerability it finds, or keep it secret and use it to eavesdrop on or attack other systems. You can read the new policy or the fact sheet, but the best place to start is Cybersecurity Coordinator Rob Joyce’s blog post.

In considering a way forward, there are some key tenets on which we can build a better process.

Improved transparency is critical. The American people should have confidence in the integrity of the process that underpins decision making about discovered vulnerabilities. Since I took my post as Cybersecurity Coordinator, improving the VEP and ensuring its transparency have been key priorities, and we have spent the last few months reviewing our existing policy in order to improve the process and make key details about the VEP available to the public. Through these efforts, we have validated much of the existing process and ensured a rigorous standard that considers many potential equities.

The interests of all stakeholders must be fairly represented. At a high level we consider four major groups of equities: defensive equities; intelligence / law enforcement / operational equities; commercial equities; and international partnership equities. Additionally, ordinary people want to know the systems they use are resilient, safe, and sound. These core considerations, which have been incorporated into the VEP Charter, help to standardize the process by which decision makers weigh the benefit to national security and the national interest when deciding whether to disclose or restrict knowledge of a vulnerability.

Accountability of the process and those who operate it is important to establish confidence in those served by it. Our public release of the unclassified portions Charter will shed light on aspects of the VEP that were previously shielded from public review, including who participates in the VEP’s governing body, known as the Equities Review Board. We make it clear that departments and agencies with protective missions participate in VEP discussions, as well as other departments and agencies that have broader equities, like the Department of State and the Department of Commerce. We also clarify what categories of vulnerabilities are submitted to the process and ensure that any decision not to disclose a vulnerability will be reevaluated regularly. There are still important reasons to keep many of the specific vulnerabilities evaluated in the process classified, but we will release an annual report that provides metrics about the process to further inform the public about the VEP and its outcomes.

Our system of government depends on informed and vigorous dialogue to discover and make available the best ideas that our diverse society can generate. This publication of the VEP Charter will likely spark discussion and debate. This discourse is important. I also predict that articles will make breathless claims of “massive stockpiles” of exploits while describing the issue. That simply isn’t true. The annual reports and transparency of this effort will reinforce that fact.

Mozilla is pleased with the new charter. I am less so; it looks to me like the same old policy with some new transparency measures — which I’m not sure I trust. The devil is in the details, and we don’t know the details — and it has giant loopholes that pretty much anything can fall through:

The United States Government’s decision to disclose or restrict vulnerability information could be subject to restrictions by partner agreements and sensitive operations. Vulnerabilities that fall within these categories will be cataloged by the originating Department/Agency internally and reported directly to the Chair of the ERB. The details of these categories are outlined in Annex C, which is classified. Quantities of excepted vulnerabilities from each department and agency will be provided in ERB meetings to all members.

This is me from last June:

There’s a lot we don’t know about the VEP. The Washington Post says that the NSA used EternalBlue “for more than five years,” which implies that it was discovered after the 2010 process was put in place. It’s not clear if all vulnerabilities are given such consideration, or if bugs are periodically reviewed to determine if they should be disclosed. That said, any VEP that allows something as dangerous as EternalBlue — or the Cisco vulnerabilities that the Shadow Brokers leaked last August — to remain unpatched for years isn’t serving national security very well. As a former NSA employee said, the quality of intelligence that could be gathered was “unreal.” But so was the potential damage. The NSA must avoid hoarding vulnerabilities.

I stand by that, and am not sure the new policy changes anything.

More commentary.

Here’s more about the Windows vulnerabilities hoarded by the NSA and released by the Shadow Brokers.

EDITED TO ADD (11/18): More news.

EDITED TO ADD (11/22): Adam Shostack points out that the process does not cover design flaws or trade-offs, and that those need to be covered:

…we need the VEP to expand to cover those issues. I’m not going to claim that will be easy, that the current approach will translate, or that they should have waited to handle those before publishing. One obvious place it gets harder is the sources and methods tradeoff. But we need the internet to be a resilient and trustworthy infrastructure.

MPAA Warns Australia Not to ‘Mess’ With Fair Use and Geo-Blocking

Post Syndicated from Ernesto original https://torrentfreak.com/mpaa-warns-australia-not-mess-with-fair-use-and-geo-blocking-171107/

Last year, the Australian Government’s Productivity Commission published a Draft Report on Intellectual Property Arrangements, recommending various amendments to local copyright law.

The Commission suggested allowing the use of VPNs and similar technologies to enable consumers to bypass restrictive geo-blocking. It also tabled proposals to introduce fair use exceptions and to expand safe harbors for online services.

Two months ago the Government responded to these proposals. It promised to expand the safe harbor protections and announced a consultation on fair use, describing the current fair dealing exceptions as restrictive. The Government also noted that circumvention of geo-blocks may be warranted, in some cases.

While the copyright reform plans have been welcomed with wide support from the public and companies such as Google and Wikipedia, there’s also plenty of opposition. From Hollywood, for example, which fears that the changes will set back Australia’s progress to combat piracy.

A few days ago, the MPAA submitted its 2018 list of foreign trade barriers to the U.S. Government. The document in question highlights key copyright challenges in the most crucial markets, Australia included. According to the movie industry group, the tabled proposals are problematic.

“If the Commission’s recommendations were adopted, they could result in legislative changes that undermine the current balance of protection in Australia. These changes could create significant market uncertainty and effectively weaken Australia’s infrastructure for intellectual property protection,” the MPAA writes.

“Of concern is a proposal to introduce a vague and undefined ‘fair use’ exception unmoored from decades of precedent in the United States. Another proposal would expand Australia’s safe harbor regime in piecemeal fashion,” the group adds.

The fair use opposition is noteworthy since the Australian proposal is largely modeled after US law. The MPAA’s comment suggests, however, that this can’t be easily applied to another country, as that would lack the legal finetuning that’s been established in dozens of court cases.

That the MPAA isn’t happy with the expansion of safe harbor protections for online service providers is no surprise. In recent years, copyright holders have often complained that these protections hinder progress on the anti-piracy front, as companies such as Google and Facebook have no incentive to proactively police copyright infringement.

Moving on, the movie industry group highlights that circumvention of geo-blocking for copyrighted content and other protection measures are also controversial topics for Hollywood.

“Still another would allow circumvention of geo-blocking and other technological protection measures. Australia has one of the most vibrant creative economies in the world and its current legal regime has helped the country become the site of major production investments.

“Local policymakers should take care to ensure that Australia’s vibrant market is not inadvertently impaired and that any proposed relaxation of copyright and related rights protection does not violate Australia’s international obligations,” the MPAA adds.

Finally, while it was not included in the commission’s recommendations, the MPAA stresses once again that Australia’s anti-camcording laws are not up to par.

Although several camming pirates have been caught in recent years, the punishments don’t meet Hollywood’s standards. For example, in 2012 a man connected to a notorious release group was convicted for illicitly recording 14 audio captures, for which he received an AUS$2,000 fine.

“Australia should adopt anticamcording legislation. While illegal copying is a violation of the Copyright Act, more meaningful deterrent penalties are required,” the MPAA writes. “Such low penalties fail to reflect the devastating impact that this crime has on the film industry.”

The last suggestion has been in the MPAA’s recommendations for several years already, but the group is persistent.

In closing, the MPAA asks the US Government to keep these and other issues in focus during future trade negotiations and policy discussions with Australia and other countries, while thanking it for the critical assistance Hollywood has received over the years.

MPAA’s full submission, which includes many of the recommendations that were made in previous years, is available here (pdf).

Source: TF, for the latest info on copyright, file-sharing, torrent sites and ANONYMOUS VPN services.

Kim Dotcom Wins Settlement Over Military-Style Police Raid

Post Syndicated from Andy original https://torrentfreak.com/kim-dotcom-wins-settlement-military-style-police-raid-171103/

It’s been spoken about thousands of times in the past half-decade but the 2012 raid on Kim Dotcom’s home in New Zealand was extraordinary by any standard.

At the behest of the US Government, 72 police officers – including some from the elite heavily armed Special Tactics Group (STG) – descended on Dotcom’s Coatesville mansion. Two helicopters were used during the raid, footage from which was later released to the public as the scale and nature of the operation became clear.

To be clear, no one in the Dotcom residence had any history of violence. Nevertheless, considerable force was used to attack rooms in the building, all of it aimed at detaining the founder of what was then the world’s most famous file-hosting site. The FBI, it seems, would stop at nothing in pursuit of the man they claimed was the planet’s most notorious copyright infringer.

As the dust settled, it became clear that the overwhelming use of force was not only unprecedented but also completely unnecessary, a point Dotcom himself became intent on pressing home.

The entrepreneur was particularly angry at the treatment received by former wife Mona, who was seven months pregnant with twins at the time. So, in response, the Megaupload founder and his wife sued the police, hoping to hold the authorities to account for their actions.

The case has dragged on for years but this morning came news of a breakthrough. According to information released by Kim Dotcom, the lawsuit has been resolved after a settlement was reached with the police.

“Today, Mona and I are glad to reach a confidential settlement of our case against the New Zealand Police. We have respect for the Police in this country. They work hard and have, with this one exception, treated me and my family with courtesy and respect,” Dotcom said.

“We were shocked at the uncharacteristic handling of my arrest for a non-violent Internet copyright infringement charge brought by the United States, which is not even a crime in New Zealand.”

Dotcom said police could have simply asked to be let in, at which point he could have been arrested. Instead, under pressure from US authorities and “special interests in Hollywood”, they turned the whole event into a massive publicity stunt aimed at pleasing the US.

“The New Zealand Police we know do not carry guns. They try to resolve matters in a non-violent manner, unlike what we see from the United States. We are sad that our officers, good people simply doing their job, were tainted by US priorities and arrogance,” Dotcom said.

“We sued the Police because we believed their military-style raid on a family with children in a non-violent case went far beyond what a civilised community should expect from its police force. New Zealanders deserve and should expect better.”

Kim Dotcom has developed a reputation for fighting back across all aspects of his long-running case, and this particular action was no different. He’d planned to take the case all the way to the High Court but in the end decided that doing so wouldn’t be in the best interests of his family.

Noting that New Zealand has a new government “for the better”, Dotcom said that raking up the past would only serve to further disrupt his family.

“Our children are now settled and integrated safely here into their community and they love it. We do not want to relive past events. We do not want to disrupt our children’s new lives. We do not want to revictimise them. We want them to grow up happy,” he said.

“That is why we chose New Zealand to be our family home in the first place. We are fortunate to live here. Under the totality of the circumstances, we thought settlement was best for our children.”

According to NZ Herald, the Dotcoms aren’t the only ones to have made peace with the police. Other people arrested in 2012, including Dotcom associates Bram van der Kolk and Mathias Ortmann, were paid six-figure sums to settle. The publication speculates that as the main target of the raid, Dotcom’s settlment amount would’ve been more.

But while this matter is now closed, others remain. It was previously determined that Kiwi spy agency the Government Communications Security Bureau (GCSB) unlawfully spied on the Dotcoms over an extended period. Ron Mansfield, New Zealand counsel for the Dotcoms, says that case will continue.

“The GCSB refuses to disclose what it did or the actual private communications it stole. The Dotcoms understandably believe that they are entitled to know this. That action is pending appeal in the Court of Appeal,” he says.

Also before the Court of Appeal is the case to extradite Dotcom and his associates to the United States. That hearing is set for February 2018 but whatever the outcome, a further appeal to the Supreme Court is likely, meaning that Dotcom will remain in New Zealand until 2020, at least.

Source: TF, for the latest info on copyright, file-sharing, torrent sites and ANONYMOUS VPN services.

YouTube MP3 Converters Block UK Traffic to Avoid Trouble

Post Syndicated from Ernesto original https://torrentfreak.com/youtube-mp3-converters-block-uk-traffic-to-avoid-trouble-171029/

The music industry sees stream ripping as one of the largest piracy threats, worse than torrent sites or direct download portals.

Last year the RIAA, IFPI and BPI filed legal action against YouTube-MP3, the largest stream ripping site at the time. This case eventually resulted in a settlement where the site agreed to shut down voluntarily.

This was a clear victory for the music groups which swiftly identified their next targets. These include Convert2mp3.net, Savefrom.net, MP3juices.cc and YtMp3.cc, which were highlighted by the RIAA in a letter to the US Government.

The legal action against YouTube-MP3 and the RIAA’s notorious markets report appears to have made an impact, as MP3Juices.cc and YtMp3.cc have shut their doors. Interestingly, this only applies to the UK.

..not available in the UK

It’s unclear why both sites are “shutting down” in the UK and not elsewhere, as the operators haven’t commented on the issue. However, in other parts of the world, the site is readily available.

MP3juices

Last year, music industry group BPI signed an agreement with YouTube-MP3 to block UK visitors, which sounds very familiar. While the BPI is not directly responsible for the recent geo-blocks, the group sees it as a positive trend.

“We are seeing that the closure of the largest stream ripping site, YouTube-mp3, following coordinated global legal action from record companies, is having an impact on the operations of other ripping sites,” BPI Chief Executive Geoff Taylor informs TorrentFreak.

“However, stream ripping remains a major issue for the industry. These sites are making large sums of money from music without paying a penny to those that invest in and create it. We will continue to take legal action against other illegal ripping sites where necessary.”

Stream rippers or converters are not by definition illegal, as pointed out by the CCIA last week. However, music industry groups will continue to crack down on the ones they view as copyright infringing.

MP3Juices.cc and YtMp3.cc are likely hoping to take the pressure off with their voluntary geo-blocking. Time will tell whether that’s a good strategy. In any event, it didn’t prevent YouTube-MP3 from caving in completely, in the end.

Source: TF, for the latest info on copyright, file-sharing, torrent sites and ANONYMOUS VPN services.

Some notes about the Kaspersky affair

Post Syndicated from Robert Graham original http://blog.erratasec.com/2017/10/some-notes-about-kaspersky-affair.html

I thought I’d write up some notes about Kaspersky, the Russian anti-virus vendor that many believe has ties to Russian intelligence.

There’s two angles to this story. One is whether the accusations are true. The second is the poor way the press has handled the story, with mainstream outlets like the New York Times more intent on pushing government propaganda than informing us what’s going on.

The press

Before we address Kaspersky, we need to talk about how the press covers this.
The mainstream media’s stories have been pure government propaganda, like this one from the New York Times. It garbles the facts of what happened, and relies primarily on anonymous government sources that cannot be held accountable. It’s so messed up that we can’t easily challenge it because we aren’t even sure exactly what it’s claiming.
The Society of Professional Journalists have a name for this abuse of anonymous sources, the “Washington Game“. Journalists can identify this as bad journalism, but the big newspapers like The New York Times continues to do it anyway, because how dare anybody criticize them?
For all that I hate the anti-American bias of The Intercept, at least they’ve had stories that de-garble what’s going on, that explain things so that we can challenge them.

Our Government

Our government can’t tell us everything, of course. But at the same time, they need to tell us something, to at least being clear what their accusations are. These vague insinuations through the media hurt their credibility, not help it. The obvious craptitude is making us in the cybersecurity community come to Kaspersky’s defense, which is not the government’s aim at all.
There are lots of issues involved here, but let’s consider the major one insinuated by the NYTimes story, that Kaspersky was getting “data” files along with copies of suspected malware. This is troublesome if true.
But, as Kaspersky claims today, it’s because they had detected malware within a zip file, and uploaded the entire zip — including the data files within the zip.
This is reasonable. This is indeed how anti-virus generally works. It completely defeats the NYTimes insinuations.
This isn’t to say Kaspersky is telling the truth, of course, but that’s not the point. The point is that we are getting vague propaganda from the government further garbled by the press, making Kaspersky’s clear defense the credible party in the affair.
It’s certainly possible for Kaspersky to write signatures to look for strings like “TS//SI/OC/REL TO USA” that appear in secret US documents, then upload them to Russia. If that’s what our government believes is happening, they need to come out and be explicit about it. They can easily setup honeypots, in the way described in today’s story, to confirm it. However, it seems the government’s description of honeypots is that Kaspersky only upload files that were clearly viruses, not data.

Kaspersky

I believe Kaspersky is guilty, that the company and Eugene himself, works directly with Russian intelligence.
That’s because on a personal basis, people in government have given me specific, credible stories — the sort of thing they should be making public. And these stories are wholly unrelated to stories that have been made public so far.
You shouldn’t believe me, of course, because I won’t go into details you can challenge. I’m not trying to convince you, I’m just disclosing my point of view.
But there are some public reasons to doubt Kaspersky. For example, when trying to sell to our government, they’ve claimed they can help us against terrorists. The translation of this is that they could help our intelligence services. Well, if they are willing to help our intelligence services against customers who are terrorists, then why wouldn’t they likewise help Russian intelligence services against their adversaries?
Then there is how Russia works. It’s a violent country. Most of the people mentioned in that “Steele Dossier” have died. In the hacker community, hackers are often coerced to help the government. Many have simply gone missing.
Being rich doesn’t make Kaspersky immune from this — it makes him more of a target. Russian intelligence knows he’s getting all sorts of good intelligence, such as malware written by foreign intelligence services. It’s unbelievable they wouldn’t put the screws on him to get this sort of thing.
Russia is our adversary. It’d be foolish of our government to buy anti-virus from Russian companies. Likewise, the Russian government won’t buy such products from American companies.

Conclusion

I have enormous disrespect for mainstream outlets like The New York Times and the way they’ve handled the story. It makes me want to come to Kaspersky’s defense.

I have enormous respect for Kaspersky technology. They do good work.

But I hear stories. I don’t think our government should be trusting Kaspersky at all. For that matter, our government shouldn’t trust any cybersecurity products from Russia, China, Iran, etc.

Tech Giants Warn Against Kodi Scapegoating

Post Syndicated from Ernesto original https://torrentfreak.com/tech-giants-warn-kodi-scapegoating-171022/

At the beginning of October, several entertainment industry groups shared their piracy concerns with the US Government’s Trade Representative (USTR).

Aside from pointing towards traditional websites, pirate streaming boxes were also brought up, by the MPAA among others.

“An emerging global threat is streaming piracy which is enabled by piracy devices preloaded with software to illicitly stream movies and television programming and a burgeoning ecosystem of infringing add-ons,” the MPAA noted.

This week the Computer & Communications Industry Association (CCIA), which includes members such as Amazon, Facebook, Google, and Netflix, notes that the USTR should be careful not to blame an open source media player such as Kodi, for the infringing actions of others.

CCIA wrote a rebuttal clarifying that Kodi and similar open source players are not the problem here.

“Another example of commenters raising concerns about generalized technology is the MPAA’s characterization of customizable, open-source set-top boxes utilizing the Kodi multimedia player application along with websites that allegedly ‘enable one-click installation of modified software onto set-top boxes or other internet-connected devices’,” CCIA writes.

While the MPAA itself also clearly mentioned that “Kodi is not itself unlawful,” CCIA stresses that any enforcement actions should be aimed at those who are breaking the law. The real targets include vendors who sell streaming boxes pre-loaded with infringing addons.

“These enforcement activities should focus on the infringers themselves, however, not a general purpose technology, such as an operating system for set-top boxes, which may be used in both lawful and unlawful ways.

“Open-source software designed for operating a home electronics device is unquestionably legitimate, and capable of substantial non-infringing uses,” CCIA adds in its cautionary letter the USTR.

While the MPAA’s submission was not trying to characterize Kodi itself as illegal, it did call out TVAddons.ag as a “piracy add-on repository.” The new incarnation of TVAddons wasn’t happy with this label and previously scolded the movie industry group for its comments, pointing out that it only received a handful of DMCA takedown notices in recent years.

“…in the entire history of TV ADDONS, XBMC HUB and OffshoreGit, we only received a total of about five DMCA notices in all; two of which were completely bogus. None of which came from a MPAA affiliate.”

While it’s obvious to most that Kodi isn’t the problem, as CCIA is highlighting, to many people it’s still unclear where the line between infringing and non-infringing is drawn. Lawsuits, including those against TVAddons and TickBox, are expected to bring more clarity.

CCIA’s full submission is available here (pdf).

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MP3 Stream Rippers Are Not Illegal Sites, EFF Tells US Government

Post Syndicated from Ernesto original https://torrentfreak.com/mp3-stream-rippers-are-not-illegal-sites-eff-tells-us-government-171021/

Free music is easy to find nowadays. Just head over to YouTube and you can find millions of tracks including many of the most recent releases.

While some artists happily share their work, the major record labels don’t want tracks to leak outside YouTube’s ecosystem. For this reason, they want YouTube to MP3 rippers shut down.

Earlier this month, the RIAA sent its overview of “notorious markets” to the Office of the US Trade Representative (USTR), highlighting several of these sites and asking for help.

“The overall popularity of these sites and the staggering volume of traffic it attracts evidences the enormous damage being inflicted on the U.S. record industry,” the RIAA wrote, calling out Mp3juices.cc, Convert2mp3.net, Savefrom.net, Ytmp3.cc, Convertmp3.io, Flvto.biz, and 2conv.com as the most popular offenders.

This position is shared by many other music industry groups. They see stream ripping as the largest piracy threat online. After shutting down YouTube-MP3, they hope to topple other sites as well, ideally with the backing of the US Government.

However, not everyone shares the belief that stream ripping equals copyright infringement.

In a rebuttal, the Electronic Frontier Foundation (EFF) informs the USTR that the RIAA is trying to twist the law in its favor. Not all stream ripping sites are facilitating copyright infringement by definition, the EFF argues.

“RIAA’s discussion of ‘stream-ripping’ websites misstates copyright law. Websites that simply allow users to extract the audio track from a user-selected online video are not ‘illegal sites’ and are not liable for copyright infringement, unless they engage in additional conduct that meets the definition of infringement,” the EFF writes.

Flvto

While some people may use these sites to ‘pirate’ tracks there are also legitimate purposes, the digital rights group notes. Some creators specifically allow others to download and modify their work, for example, and in other cases ripping can be seen as fair use.

“There exists a vast and growing volume of online video that is licensed for free downloading and modification, or contains audio tracks that are not subject to copyright,” the EFF stresses.

“Moreover, many audio extractions qualify as non-infringing fair uses under copyright. Providing a service that is capable of extracting audio tracks for these lawful purposes is itself lawful, even if some users infringe.”

The fact that these sites generate revenue from advertising doesn’t make them illegal either. While there are some issues that could make a site liable, such as distributing infringing content to third parties, the EFF argues that many of the sites identified by the RIAA are not clearly involved in such activities.

Instead of solely relying on the characterizations of the RIAA, the US Government should judge these sites independently, in accordance with the law.

“USTR must apply U.S. law as it is, not as particular industry organizations wish it to be. Accordingly, it is inappropriate to describe ‘stream-ripping’ sites as engaging in or facilitating infringement. That logic would discourage U.S. firms from providing many forms of useful, lawful technology that processes or interacts with copyrighted work in digital form, to the detriment of U.S. trade,” the EFF concludes.

It is worth highlighting that most sites the RIAA mentioned specifically advertise themselves as YouTube converters. While this violates YouTube’s Terms of Service, something the streaming platform isn’t happy with, it doesn’t automatically classify them as infringing services.

Ideally, the RIAA and other music industry group would like YouTube to shut down these sites but if that doesn’t happen, more lawsuits may follow in the future. Then, the claims from both sides can be properly tested in court.

The full EFF response is available here (pdf). In addition to the stream ripping comments, the digital rights group also defends CDN providers such as Cloudflare, reverse proxies, and domain registrars from MPAA and RIAA piracy complaints.

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IoT Cybersecurity: What’s Plan B?

Post Syndicated from Bruce Schneier original https://www.schneier.com/blog/archives/2017/10/iot_cybersecuri.html

In August, four US Senators introduced a bill designed to improve Internet of Things (IoT) security. The IoT Cybersecurity Improvement Act of 2017 is a modest piece of legislation. It doesn’t regulate the IoT market. It doesn’t single out any industries for particular attention, or force any companies to do anything. It doesn’t even modify the liability laws for embedded software. Companies can continue to sell IoT devices with whatever lousy security they want.

What the bill does do is leverage the government’s buying power to nudge the market: any IoT product that the government buys must meet minimum security standards. It requires vendors to ensure that devices can not only be patched, but are patched in an authenticated and timely manner; don’t have unchangeable default passwords; and are free from known vulnerabilities. It’s about as low a security bar as you can set, and that it will considerably improve security speaks volumes about the current state of IoT security. (Full disclosure: I helped draft some of the bill’s security requirements.)

The bill would also modify the Computer Fraud and Abuse and the Digital Millennium Copyright Acts to allow security researchers to study the security of IoT devices purchased by the government. It’s a far narrower exemption than our industry needs. But it’s a good first step, which is probably the best thing you can say about this legislation.

However, it’s unlikely this first step will even be taken. I am writing this column in August, and have no doubt that the bill will have gone nowhere by the time you read it in October or later. If hearings are held, they won’t matter. The bill won’t have been voted on by any committee, and it won’t be on any legislative calendar. The odds of this bill becoming law are zero. And that’s not just because of current politics — I’d be equally pessimistic under the Obama administration.

But the situation is critical. The Internet is dangerous — and the IoT gives it not just eyes and ears, but also hands and feet. Security vulnerabilities, exploits, and attacks that once affected only bits and bytes now affect flesh and blood.

Markets, as we’ve repeatedly learned over the past century, are terrible mechanisms for improving the safety of products and services. It was true for automobile, food, restaurant, airplane, fire, and financial-instrument safety. The reasons are complicated, but basically, sellers don’t compete on safety features because buyers can’t efficiently differentiate products based on safety considerations. The race-to-the-bottom mechanism that markets use to minimize prices also minimizes quality. Without government intervention, the IoT remains dangerously insecure.

The US government has no appetite for intervention, so we won’t see serious safety and security regulations, a new federal agency, or better liability laws. We might have a better chance in the EU. Depending on how the General Data Protection Regulation on data privacy pans out, the EU might pass a similar security law in 5 years. No other country has a large enough market share to make a difference.

Sometimes we can opt out of the IoT, but that option is becoming increasingly rare. Last year, I tried and failed to purchase a new car without an Internet connection. In a few years, it’s going to be nearly impossible to not be multiply connected to the IoT. And our biggest IoT security risks will stem not from devices we have a market relationship with, but from everyone else’s cars, cameras, routers, drones, and so on.

We can try to shop our ideals and demand more security, but companies don’t compete on IoT safety — and we security experts aren’t a large enough market force to make a difference.

We need a Plan B, although I’m not sure what that is. E-mail me if you have any ideas.

This essay previously appeared in the September/October issue of IEEE Security & Privacy.

MPAA Reports Pirate Sites, Hosts and Ad-Networks to US Government

Post Syndicated from Ernesto original https://torrentfreak.com/mpaa-reports-pirate-sites-hosts-and-ad-networks-to-us-government-171004/

Responding to a request from the Office of the US Trade Representative (USTR), the MPAA has submitted an updated list of “notorious markets” that it says promote the illegal distribution of movies and TV-shows.

These annual submissions help to guide the U.S. Government’s position towards foreign countries when it comes to copyright enforcement.

What stands out in the MPAA’s latest overview is that it no longer includes offline markets, only sites and services that are available on the Internet. This suggests that online copyright infringement is seen as a priority.

The MPAA’s report includes more than two dozen alleged pirate sites in various categories. While this is not an exhaustive list, the movie industry specifically highlights some of the worst offenders in various categories.

“Content thieves take advantage of a wide constellation of easy-to-use online technologies, such as direct download and streaming, to create infringing sites and applications, often with the look and feel of legitimate content distributors, luring unsuspecting consumers into piracy,” the MPAA writes.

According to the MPAA, torrent sites remain popular, serving millions of torrents to tens of millions of users at any given time.

The Pirate Bay has traditionally been one of the main targets. Based on data from Alexa and SimilarWeb, the MPAA says that TPB has about 62 million unique visitors per month. The other torrent sites mentioned are 1337x.to, Rarbg.to, Rutracker.org, and Torrentz2.eu.

MPAA calls out torrent sites

The second highlighted category covers various linking and streaming sites. This includes the likes of Fmovies.is, Gostream.is, Primewire.ag, Kinogo.club, MeWatchSeries.to, Movie4k.tv and Repelis.tv.

Direct download sites and video hosting services also get a mention. Nowvideo.sx, Openload.co, Rapidgator.net, Uploaded.net and the Russian social network VK.com. Many of these services refuse to properly process takedown notices, the MPAA claims.

The last category is new and centers around piracy apps. These sites offer mobile applications that allow users to stream pirated content, such as IpPlayBox.tv, MoreTV, 3DBoBoVR, TVBrowser, and KuaiKa, which are particularly popular in Asia.

Aside from listing specific sites, the MPAA also draws the US Government’s attention to the streaming box problem. The report specifically mentions that Kodi-powered boxes are regularly abused for infringing purposes.

“An emerging global threat is streaming piracy which is enabled by piracy devices preloaded with software to illicitly stream movies and television programming and a burgeoning ecosystem of infringing add-ons,” the MPAA notes.

“The most popular software is an open source media player software, Kodi. Although Kodi is not itself unlawful, and does not host or link to unlicensed content, it can be easily configured to direct consumers toward unlicensed films and television shows.”

Pirate streaming boxes

There are more than 750 websites offering infringing devices, the Hollywood group notes, adding that the rapid growth of this problem is startling. Interestingly, the report mentions TVAddons.ag as a “piracy add-on repository,” noting that it’s currently offline. Whether the new TVAddons is also seen a problematic is unclear.

The MPAA also continues its trend of calling out third-party intermediaries, including hosting providers. These companies refuse to take pirate sites offline following complaints, even when the MPAA views them as blatantly violating the law.

“Hosting companies provide the essential infrastructure required to operate a website,” the MPAA writes. “Given the central role of hosting providers in the online ecosystem, it is very concerning that many refuse to take action upon being notified…”

The Hollywood group specifically mentions Private Layer and Netbrella as notorious markets. CDN provider CloudFlare is also named. As a US-based company, the latter can’t be included in the list. However, the MPAA explains that it is often used as an anonymization tool by sites and services that are mentioned in the report.

Another group of intermediaries that play a role in fueling piracy (mentioned for the first time) are advertising networks. The MPAA specifically calls out the Canadian company WWWPromoter, which works with sites such as Primewire.ag, Projectfreetv.at and 123movies.to

“The companies connecting advertisers to infringing websites and inadvertently contribute to the prevalence and prosperity of infringing sites by providing funding to the operators of these sites through advertising revenue,” the MPAA writes.

The MPAA’s full report is available here (pdf). The USTR will use this input above to make up its own list of notorious markets. This will help to identify current threats and call on foreign governments to take appropriate action.

Source: TF, for the latest info on copyright, file-sharing, torrent sites and ANONYMOUS VPN services.

Ukraine Faces Call for US Trade Sanctions over Online Piracy

Post Syndicated from Ernesto original https://torrentfreak.com/ukraine-faces-call-us-trade-sanctions-over-online-piracy-170918/

The International Intellectual Property Alliance (IIPA) is recommending that the U.S. Government should suspend Ukraine’s GSP trade benefits, claiming that the country doesn’t do enough to protect the interests of copyright holders.

Last year Ukraine enjoyed $53.7 million in unilateral duty-free benefits in the US, while US companies suffering millions of dollars in losses in Ukraine due to online piracy, they argue.

The IIPA, which includes a wide range of copyright groups including the MPAA, RIAA, BSA and ESA, characterizes the country as a safe harbor for pirate sites. While physical piracy was properly addressed ten years ago after a previous sanction, digital piracy remains rampant.

One of the main problems is that local hosting companies are offering their services to a wide variety of copyright-infringing websites. Without proper enforcement, more and more websites have moved their services there.

“By allowing these problems to fester for years, weak digital enforcement has resulted in an exponential increase in the number of illegal peer-to-peer (‘P2P’) hosting and website-based Internet piracy sites, including some of the world’s largest BitTorrent sites located in Ukraine,” IIPA writes.

“Some Internet pirates have purposefully moved their servers and operations to Ukraine in the past few years to take advantage of the current lawless situation. Many of these illegal services and sites target audiences throughout Europe and the United States.”

The copyright holders highlight the defunct ExtraTorrent site as an example but note that there are also many other torrent sites, pirate streaming sites, cyberlockers, and linking sites in Ukraine.

While pirate sites are hosted all over the world, the problem is particularly persistent in Ukraine because many local hosting companies fail to process takedown requests. This, despite repeated calls from copyright holders to work with them.

“Many of the websites offering pirated copyright materials are thriving in part because of the support of local ISPs,” IIPA writes.

“The copyright industries have, for years, sought private agreements with ISPs to establish effective mechanisms to take down illegal websites and slow illegal P2P traffic. In the absence of legislation, however, these voluntary efforts have generally not succeeded, although, some ISPs will delete links upon request.”

In order to make real progress, the copyright holders call for new legislation to hold Internet services accountable and to make it easier to come after pirate sites that are hosted in Ukraine.

“Legislation is needed to institute proper notice and takedown provisions, including a requirement that service providers terminate access to individuals (or entities) that have repeatedly engaged in infringement, and the retention of information for law enforcement, as well as to provide clear third party liability regarding ISPs.”

In addition to addressing online piracy, IIPA further points out that the collecting societies in Ukraine are not functioning properly. At the moment there are 18 active and competing organizations, creating a chaotic situation where rightsholders are not properly rewarded, they suggest.

IIPA recommends that the U.S. Government accepts its petition and suspends or withdraws Ukraine’s benefits until the country takes proper action.

Ukraine’s Government, for its part, informs the US Government that progress is being made. There are already several new laws in the works to improve intellectual property protection. The issue is one of the Government’s “key priorities,” they state, hoping to avert any sanctions.

IIPA’s full submission to the US Trade Representative is available here (pdf).

Source: TF, for the latest info on copyright, file-sharing, torrent sites and ANONYMOUS VPN services.

Perfect 10 Takes Giganews to Supreme Court, Says It’s Worse Than Megaupload

Post Syndicated from Andy original https://torrentfreak.com/perfect-10-takes-giganews-supreme-court-says-worse-megaupload-170906/

Adult publisher Perfect 10 has developed a reputation for being a serial copyright litigant.

Over the years the company targeted a number of high-profile defendants, including Google, Amazon, Mastercard, and Visa. Around two dozen of Perfect 10’s lawsuits ended in cash settlements and defaults, in the publisher’s favor.

Perhaps buoyed by this success, the company went after Usenet provider Giganews but instead of a company willing to roll over, Perfect 10 found a highly defensive and indeed aggressive opponent. The initial copyright case filed by Perfect 10 alleged that Giganews effectively sold access to Perfect 10 content but things went badly for the publisher.

In November 2014, the U.S. District Court for the Central District of California found that Giganews was not liable for the infringing activities of its users. Perfect 10 was ordered to pay Giganews $5.6m in attorney’s fees and costs. Perfect 10 lost again at the Court of Appeals for the Ninth Circuit.

As a result of these failed actions, Giganews is owned millions by Perfect 10 but the publisher has thus far refused to pay up. That resulted in Giganews filing a $20m lawsuit, accusing Perfect 10 and President Dr. Norman Zada of fraud.

With all this litigation boiling around in the background and Perfect 10 already bankrupt as a result, one might think the story would be near to a conclusion. That doesn’t seem to be the case. In a fresh announcement, Perfect 10 says it has now appealed its case to the US Supreme Court.

“This is an extraordinarily important case, because for the first time, an appellate court has allowed defendants to copy and sell movies, songs, images, and other copyrighted works, without permission or payment to copyright holders,” says Zada.

“In this particular case, evidence was presented that defendants were copying and selling access to approximately 25,000 terabytes of unlicensed movies, songs, images, software, and magazines.”

Referencing an Amicus brief previously filed by the RIAA which described Giganews as “blatant copyright pirates,” Perfect 10 accuses the Ninth Circuit of allowing Giganews to copy and sell trillions of dollars of other people’s intellectual property “because their copying and selling was done in an automated fashion using a computer.”

Noting that “everything is done via computer” these days and with an undertone that the ruling encouraged others to infringe, Perfect 10 says there are now 88 companies similar to Giganews which rely on the automation defense to commit infringement – even involving content owned by people in the US Government.

“These exploiters of other people’s property are fearless. They are copying and selling access to pirated versions of pretty much every movie ever made, including films co-produced by treasury secretary Steven Mnuchin,” Nada says.

“You would think the justice department would do something to protect the viability of this nation’s movie and recording studios, as unfettered piracy harms jobs and tax revenues, but they have done nothing.”

But Zada doesn’t stop at blaming Usenet services, the California District Court, the Ninth Circuit, and the United States Department of Justice for his problems – Congress is to blame too.

“Copyright holders have nowhere to turn other than the Federal courts, whose judges are ridiculously overworked. For years, Congress has failed to provide the Federal courts with adequate funding. As a result, judges can make mistakes,” he adds.

For Zada, those mistakes are particularly notable, particularly since at least one other super high-profile company was shut down in the most aggressive manner possible for allegedly being involved in less piracy than Giganews.

Pointing to the now-infamous Megaupload case, Perfect 10 notes that the Department of Justice completely shut that operation down, filing charges of criminal copyright infringement against Kim Dotcom and seizing $175 million “for selling access to movies and songs which they did not own.”

“Perfect 10 provided evidence that [Giganews] offered more than 200 times as many full length movies as did megaupload.com. But our evidence fell on deaf ears,” Zada complains.

In contrast, Perfect 10 adds, a California District Court found that Giganews had done nothing wrong, allowed it to continue copying and selling access to Perfect 10’s content, and awarded the Usenet provider $5.63m in attorneys fees.

“Prior to this case, no court had ever awarded fees to an alleged infringer, unless they were found to either own the copyrights at issue, or established a fair use defense. Neither was the case here,” Zada adds.

While Perfect 10 has filed a petition with the Supreme Court, the odds of being granted a review are particularly small. Only time will tell how this case will end, but it seems unlikely that the adult publisher will enjoy a happy ending, one in which it doesn’t have to pay Giganews millions of dollars in attorney’s fees.

Source: TF, for the latest info on copyright, file-sharing, torrent sites and ANONYMOUS VPN services.

Pirates Leak Copy of Kim Dotcom Documentary Online

Post Syndicated from Ernesto original https://torrentfreak.com/pirates-leak-copy-of-kim-dotcom-documentary-online-170824/

In recent years, we have writen dozens of articles on Kim Dotcom, Megaupload’s shutdown, and all the intrigue surrounding the case.

It’s a story worth documenting and not just in writing. This is what the people behind the documentary Kim Dotcom: Caught in the Web realized as well.

With cooperation from the mastermind behind the defunct file-sharing site, they made a thrilling documentary that captures the essence of the story, which is far from over.

This week the film was released to the wider public, made available for sale on various online platforms including iTunes and Amazon Prime. Thus far things are going well, with the movie making its way into various top charts, including a second place in the iTunes documentary category.

However, if we believe entertainment industry rhetoric, this meteoric rise will soon be all over.

Earlier today the first pirated copies of “Caught in The Web” started to appear online. It is widely available on The Pirate Bay, for example, and shows up on various other “pirate” download and streaming sites as well.

The leaked documentary

Leaks happen every day, and this one’s not any different. That being said, people who followed the Dotcom saga may appreciate the irony, since Megaupload was a popular destination for pirates as well. So, a chunk of the site’s former users probably prefers to grab a free version. To sample, of course.

This is especially true for those who hit several roadblocks in trying to access the film from official outlets. Over the past few days, some people complained that “Caught in the Web” isn’t legally available through their preferred legal channel due to geographical restrictions.

Dotcom, still accused by the US Government of depriving copyright holders of $500 million in one of the country’s largest copyright infringement cases, responded appropriately when a Twitter follower pointed this out.

Not available

“They are wondering why people are pirating? If you’re willing to pay but you can’t find it legally, why is it your or my fault?” he wrote.

“If the Megaupload documentary is only available in the US iTunes store then I totally understand if you download or stream it elsewhere,” Dotcom added in another tweet.

The documentary is available in more countries, but not in all Amazon or iTunes stores. So, with the sympathy of the documentary’s main subject, people with no legal alternatives don’t have to feel as bad when they choose to pirate it instead.

That doesn’t make it less illegal, of course, but we doubt that the makers will actively pursue people for it.

Meanwhile, the people who were tasked with distributing the film may want to have another chat with Kim Dotcom. In recent years he has repeatedly sent out a concise list of tips on how to stop piracy.

Worth a read.

Source: TF, for the latest info on copyright, file-sharing, torrent sites and ANONYMOUS VPN services.