Music Group Wants ISPs to Spy on Customers to Stop Piracy

Following intense pressure from the Australian government, ISPs were warned that they had to come up with a solution to online piracy or face a legislative response.

In collaboration with some rightsholders, last month a draft code was tabled by ISPs which centered on a three-strikes style system for dealing with peer-to-peer file-sharers using systems including BitTorrent.

In a response to the code just submitted by the Australasian Music Publishers Association (AMPAL) – which counts EMI Music Publishing, Sony/ATV Music Publishing, Universal Music Publishing and Warner/Chappell Music among its members – the companies accept that the proposals are moving in the right direction but suggest boosting them in a number of ways.

Firstly, in an attempt to plug the so-called ‘incorporation’ loophole, the publishers say that all Internet subscribers should be subjected to the graduated response scheme, not just residential customers. While that suggestion could cause all kinds of problems for businesses and providers of public wi-fi systems, that’s just the tip of the iceberg.

AMPAL says it recognizes that the code requires rightsholders to do their own online monitoring of file-sharers. It’s a practice employed around the world in every jurisdiction where “strikes” systems are in place. However, the publishers would prefer it if the draft code was amped up to the next level.

“The Code does not place a general obligation on ISPs to monitor and detect online copyright infringement,” the publishers write. “AMPAL submits that ideally the Code should include such a duty using ISPs’ monitoring and filtering techniques.”

The publishers don’t elaborate on their demands but even in this form they are troubling to say the least.

While rightsholders currently monitor only file-sharers distributing content without permission, in theory and to meet AMPAL requirements ISPs may have to monitor the activity of all customers. Not only that, the ‘filtering’ aspect would mean that ISPs become much more than mere conduits of information, a real problem for those seeking to avoid being held liable for infringing activity.

But AMPAL’s plans for ISPs go further still. Not only should they be pro-active when it comes to monitoring and warning subscribers, ISPs should also use technology to actively block access to infringing content on other levels.

Link (TorrentFreak)

New Zealand Spied on WTO Director Candidates

New Zealand launched a covert surveillance operation targeting candidates vying to be director general of the World Trade Organization, a top-secret document reveals.

In the period leading up to the May 2013 appointment, the country’s electronic eavesdropping agency programmed an Internet spying system to intercept emails about a list of high-profile candidates from Brazil, Costa Rica, Ghana, Indonesia, Jordan, Kenya, Mexico, and South Korea.

New Zealand’s trade minister Tim Groser was one of nine candidates in contention for the position at the WTO, a powerful international organization based in Geneva, Switzerland that negotiates trade agreements between nations. The surveillance operation, carried out by Government Communications Security Bureau, or GCSB, appears to have been part of a secret effort to help Groser win the job.

Groser ultimately failed to get the position.

A top-secret document obtained by The Intercept and the New Zealand Herald reveals how GCSB used the XKEYSCORE Internet surveillance system to collect communications about the WTO director general candidates.

XKEYSCORE is run by the National Security Agency and is used to analyze billions of emails, Internet browsing sessions and online chats that are vacuumed up from about 150 different locations worldwide. GCSB has gained access to XKEYSCORE because New Zealand is a member of the Five Eyes surveillance alliance alongside the United States, the United Kingdom, Canada and Australia.

Link (The Intercept)

Australians Get Their Own SOPA; Attorney General Doesn’t Even Bother To See If His Censorship Regime Is Technically Feasible

Back in December, we noted that it appeared that Australia was about to get its own SOPA, and that appears to now be happening. The Australian press is reporting that Attorney General George Brandis is ready to introduce site blocking legislation that mimics SOPA almost directly, in that it would force ISPs to block access to foreign websites, based on claims that those websites facilitated copyright infringement. This was the key part of SOPA, which was rejected, in part, because it would lead to serious concerns about the way in which the underlying internet functioned. Forcing ISPs to block entire sites breaks some fundamental principles of the internet. So, you wouldthink that perhaps the geniuses behind Australia’s plan would at least talk to internet providers first before moving forward with this plan, right? Well, you’d be wrong:

John Stanton, CEO of telco industry body the Communications Alliance, said it was “disappointing” that the industry had not been consulted on the bill prior to its impending introduction.

The bill is coming from Australian Attorney General George Brandis, who has been pushing for exactly this for quite some time, after only listening to the entertainment industry voices, and refusing to discuss the issue with consumer advocates, or those who understand the pointlessness and danger of full site blocking. Brandis also has ignored the careful, and detailed, process that the Australia Law Reform Commission went through investigating copyright reform, in which it proposed a number of ways to modernize Australia’s copyright system. Instead, Brandis is just focused on giving Hollywood what it wants, with apparently no consideration for what that means for the public or the internet.

Of course, we all know what happened when the US Congress tried to rush through SOPA. It will be interesting to see how Australians react to a similar proposal, pushed by a politician who has made it pretty clear that the technical details of the internet laws he pushes are not that important to him, just so long as he can pretend that he’s being “tough” on criminals.

Link (Techdirt)

New Zealand Used NSA System to Target Officials, Anti-Corruption Campaigner

New Zealand’s eavesdropping agency used an Internet mass surveillance system to target government officials and an anti-corruption campaigner on a neighboring Pacific island, according to a top-secret document.

Analysts from Government Communications Security Bureau, or GCSB, programmed the Internet spy system XKEYSCORE to intercept documents authored by the closest aides and confidants of the prime minister on the tiny Solomon Islands. The agency also entered keywords into the system so that it would intercept documents containing references to the Solomons’ leading anti-corruption activist, who is known for publishing government leaks on his website.

XKEYSCORE is run by the National Security Agency, and is used to analyze billions of emails, Internet browsing sessions and online chats that are collected from some 150 different locations worldwide. GCSB has gained access to XKEYSCORE because New Zealand is a member of the Five Eyes surveillance alliance alongside the United States, the United Kingdom, Canada and Australia.

A number of GCSB’s XKEYSCORE targets are disclosed in a top-secret document that was obtained by The Intercept and New Zealand newspaper the Herald on Sunday. The document raises questions about the scope of the surveillance and offers an unprecedented insight into specific people monitored by New Zealand’s most secretive agency.

The targets list, dated from January 2013, was authored by a GCSB analyst. It is contained in a so-called “fingerprint,” a combination of keywords used to extract particular information from the vast quantities of intercepted data swept up by XKEYSCORE. None of the individuals named on the list appear to have any association with terrorism.

Most of the targets, in fact, had a prominent role in the Solomon Islands government. Their roles around the time of January 2013 suggest GCSB was interested in collecting information sent among the prime minister’s inner circle. The targets included: Barnabas Anga, the permanent secretary of the Ministry of Foreign Affairs and External Trade; Robert Iroga, chief of staff to the prime minister; Dr Philip Tagini, special secretary to the prime minister; Fiona Indu, senior foreign affairs official; James Remobatu, cabinet secretary; and Rose Qurusu, a Solomon Islands public servant.

The seventh person caught up in the GCSB’s surveillance sweep is the leading anti-corruption campaigner in the Solomon Islands, Benjamin Afuga. For several years he has run a popular Facebook group that exposes corruption, often publishing leaked information and documents from government whistleblowers. His organization, Forum Solomon Islands International, has an office next door to Transparency International in Honiara, the capital city of the Solomon Islands. GCSB analysts programmed XKEYSCORE so that it would intercept documents sent over the Internet containing the words “Forum Solomon Islands,” “FSII,” and “Benjamin Afuga.”

Link (The Intercept)

The Orwellian Re-Branding of “Mass Surveillance” as Merely “Bulk Collection”

Just as the Bush administration and the U.S. media re-labelled “torture” with the Orwellian euphemism “enhanced interrogation techniques” to make it more palatable, the governments and media of the Five Eyes surveillance alliance are now attempting to re-brand “mass surveillance” as “bulk collection” in order to make it less menacing (and less illegal). In the past several weeks, this is the clearly coordinated theme that has arisen in the U.S., U.K., Canada, Australia and New Zealand as the last defense against the Snowden revelations, as those governments seek to further enhance their surveillance and detention powers under the guise of terrorism.

This manipulative language distortion can be seen perfectly in yesterday’s white-washing report of GCHQ mass surveillance from the servile rubber-stamp calling itself “The Intelligence and Security Committee of the UK Parliament (ISC)”(see this great Guardian editorial this morning on what a “slumbering” joke that “oversight” body is). As Committee Member MP Hazel Blears explained yesterday (photo above), the Parliamentary Committee officially invoked this euphemism to justify the collection of billions of electronic communications events every day.

The Committee actually acknowledged for the first time (which Snowden documents long ago proved) that GCHQ maintains what it calls “Bulk Personal Datasets” that contain “millions of records,” and even said about pro-privacy witnesses who testified before it: “we recognise their concerns as to the intrusive nature of bulk collection.” That is the very definition of “mass surveillance,” yet the Committee simply re-labelled it “bulk collection,” purported to distinguish it from “mass surveillance,” and thus insist that it was all perfectly legal.

Link (The Intercept)

Health Impact Assessment: TPP Poses Risks To Affordable Medicines, Tobacco Control And Nutrition Labeling

A report released today by a large team of academics and non-government health organisations reveals that the Trans-Pacific Partnership Agreement (TPP) poses risks to the health of Australians in areas such as provision of affordable medicines, tobacco and alcohol policies and nutrition labelling. Many public health organisations have been tracking the progress of the TPP negotiations over the past several years and have expressed concerns about the potential impacts and lack of transparency.

Link (Techdirt)

Aussie Anti-Piracy Plans Boost Demand for Anonymous VPNs

Australia has been called out as the world’s piracy capital for several years, a claim that eventually captured the attention of the local Government.

After negotiations between ISPs and entertainment companies bore no fruit, authorities demanded voluntary anti-piracy measures from Internet providers. If that failed, the Government threatened to tighten the law.

Faced with an ultimatum the telecoms body Communications Alliance published a draft proposal on behalf of the ISPs, outlining a three-strikes notification system.

Titled ‘Copyright Notice Scheme Industry Code‘, the proposal suggests that ISPs start to forward infringement notices to their subscribers. After the initial notice subscribers are warned that copyright holders may go to court to obtain their identities.

Several groups have voiced their concerns in response. Australia’s leading consumer group Choice, for example, warns over the potential for lawsuits and potentially limitless fines.

These threats haven’t gone unnoticed by the general public either. While the proposals have not yet been implemented, many Australians are already taking countermeasures.

Over the past two weeks many file-sharers have been seeking tools to hide their IP-addresses and bypass the proposed monitoring system. By using VPN services or BitTorrent proxies their sharing activities can no longer be linked to their ISP account, rendering the three-strikes system useless.

Data from Google trends reveals that interest in anonymizing services has surged, with searches for “VPN” nearly doubling in recent days. This effect, shown in the graph below, is limited to Australia and appears to be a direct result of the ISPs proposals.

Link (TorrentFreak)

Australian Secretary Of Defense Not Concerned About Phone Hack; Doesn’t Think People Want To Spy On His Phone

If you were the Secretary of Defense of a large country, you might think you’d be slightly concerned that foreign agents would want to spy on you. Not so down in Australia apparently, where the current Secretary of Defense, insists that he’d be “surprised” if anyone wanted to find out what was on his phone. Seriously.

We’ve written about the recent story, revealed in documents leaked by Ed Snowden, that the NSA and GCHQ were able to hack into the systems of Gemalto, the world’s largest maker of SIM cards for mobile phones, and obtain the encryption keys used in those cards. While Gemalto insists that the hack didn’t actually get those encryption keys, not everyone feels so comfortable with Gemalto’s own analysis of what happened.

Senator Scott Ludlam (who we’ve written about a few times before) reasonably found the story of the Gemalto hack to be concerning, and went about asking some questions of the government to find out what they knew about it. The results are rather astounding. First he had asked ASIO, the Australian Security Intelligence Organization, and they said it wasn’t their area, but it might be ASD (the Australian Signals Directorate). The video below shows Ludlam asking the ASD folks for more information about the hack and being flabbergasted that they basically say they haven’t even heard about the hack at all:

Right at the beginning, the first person says he’s not aware of the situation, and Ludlam asks “are you aware of the broad outlines?” and gets a “no I am not” response, leading to a rather dry “Really?!? Okay, this is going to be interesting” reply from Ludlam. It goes on in this nature for a while, with the various people on the panel playing dumb, and Ludlam repeatedly (and rightly) appearing shocked that they appear to have no idea about the story.

But the really incredible part comes in the last minute of the video, in which Ludlam asks the Australian Secretary of Defense, Dennis Richardson, about his own concerns about his phone being spied on:

Ludlam: Do you use an encrypted phone, Mr. Richardson?

Richardson: No, I don’t.

Ludlam: Right. Okay. Do you use a commercial — I’m not asking you to name names — but do you use a commercial telecommunications provider?

Richardson: Yeah, yeah, yes.

Ludlam: So there might be a SIM card in your phone or mind. Does this alarm you at all?

Richardson: No.

Ludlam: No?

Richardson: No.

Ludlam: Why is that?

Richardson: Well, because I don’t particularly deal with people who… if anyone wants to listen to my telephone calls they can. I’d be surprised if they do, but I don’t particularly have conversations which I’m particularly worried about.

[Laughter all around the room]

Ludlam: So it’s okay if foreign spooks have hacked every mobile handset in the country because you don’t have anything in particular…

Richardson: It’s possible some might try to.

Ludlam: It’s possible some just have.

Richardson: [shrugs] Well, it’s possible.

So there you have it, folks. The Australian Secretary of Defense says that anyone is allowed to listen in to his calls, because there’s nothing secret about any of them. I’m not quite familiar with public records/freedom of information laws in Australia, but is it possible for someone to put in a request for recording all of the Secretary of Defense’s phone calls?

Link (Techdirt)