Massachusetts Ignores 5th Amendment; Says Defendant Can Be Forced To Decrypt His Computer

Massachusetts Ignores 5th Amendment; Says Defendant Can Be Forced To Decrypt His Computer
For many years, courts have struggled with the legal question of whether or not law enforcement can force a defendant in a lawsuit to decrypt encrypted files. All the way back in 2007, we wrote about a judge in Vermont finding that such forced decryption represented a Fifth Amendment violation, as it could be considered a form of self-incrimination. However, that was just one court. Other courts have ruled the other way. Not surprisingly, the Justice Department doesn’t believe the Fifth Amendment should apply in these situations, but courts still seem to be divided as judges go back and forth on the issue.

“For Official Use Only” is Used Too Much at DHS, House Says

“For Official Use Only” is Used Too Much at DHS, House Says
Posted on Jun.26, 2014 in Secrecy by Steven Aftergood
There is too much information that is marked “For Official Use Only” at the Department of Homeland Security, the House Appropriations Committee said in its report on DHS Appropriations for 2015. Efforts to sort out what is really sensitive have “wasted substantial staff resources,” the report said.  Therefore, the Committee would require any official who marked a document FOUO to identify himself or herself on the document, along with a justification for doing so.
The Committee inaptly described the use of FOUO controls as a problem of “overclassification,” and spoke of “classifying” records as FOUO. Strictly speaking, however, national security classification and FOUO are mutually exclusive domains. Classified records cannot be marked as FOUO, and information or documents that are FOUO are by definition unclassified. Still, the Committee’s point is clear.
Here is the Committee language from its June 19 DHS Appropriations report: Over-Classification of Information……
“The Committee is concerned with the number of reports, briefings, and responses to requests for information that are designated by the Department as “For Official Use Only” (FOUO), often without a consistent and appropriate review as to why information requires such a classification.
As a consequence, both the Committee and the Department have wasted substantial staff resources deliberating over what information can and could be publicly disclosed. The Committee directs that all reports, briefings, or responses to requests for information provided to the Committee that are classified as FOUO include the name(s) and title(s) of the personnel that made the designation and the specific reasons for the classification based on requirements detailed in DHS Management Directive 11042.1, which provides guidance for safeguarding sensitive but unclassified FOUO information.”



Most Americans can’t even identify the difference between Kang and Kodos. Pew: “About six-in-ten Americans (61%) say humans and other living things have evolved over time, while 34% say humans and others have existed in their present form since the beginning of time. These views have changed little in recent years….Overall, 61% of the public say there is solid evidence that the average temperature on Earth has been getting warmer over the past few decades, while 35% say there is not solid evidence that the Earth is warming…

Another key measure of political engagement is how knowledgeable people are about the current political landscape, and here again the more ideological groups score far higher. Nationwide, just 40% of Americans can correctly identify the partisan balance in both the House of Representatives and the Senate…The remaining six-in-ten know only one (33%) or neither (28%) of those facts.”

Beyond Red vs. Blue: The Political Typology By Pew Research Jun 26 2014 <> Beyond Red vs. Blue: The Political Typology Even in an increasingly Red vs. Blue nation, the public’s political attitudes and values come in many shades and hues. Partisan polarization – the vast and growing gap between Republicans and Democrats – is a defining feature of politics today. But beyond the ideological wings, which make up a minority of the public, the political landscape includes a center that is large and diverse, unified by frustration with politics and little else. As a result, both parties face formidable challenges in reaching beyond their bases to appeal to the middle of the electorate and build sustainable coalitions. The latest Pew Research Center political typology, which sorts voters into cohesive groups based on their attitudes and values, provides a field guide for this constantly changing landscape. Before reading further, take our quiz to see where you fit in the typology. [snip]

[CreoleTalk] Tenth Creolistics Workshop: Call for Papers

Call for papers
Tenth Creolistics Workshop: “Innovations” – with special attention to parallels between creole and sign language creation
Aarhus University, Denmark, 8-10 April 2015
Background of the Creolistics Workshop
The Creolistics Workshop, which has previously been held in London (UK), Amsterdam (NL), Giessen (D) and Aarhus (DK), has a long tradition for being a forum of exchange and inspiration in the creolistics community. For the tenth edition, the main focus will be on innovations, primarily in creoles and sign languages, but also in other types of languages where contact has played an important role.
Creole studies have traditionally focused on continuation and universals, discussing for instance the contributions of the lexifiers and substrates. In past decades, an important body of literature in creolistics has been produced with the goal of weighing the influences from the various contributing languages to creole formation. However, much less attention has been given to innovations, in particular lexical, semantic, syntactic and typological aspects that cannot easily be attributed to the known input languages.
Therefore, the aim of this workshop will be to shift the focus from a historical approach to creoles to a more cognitively-oriented framework whose primary goal will be to explain why certain strategies and structures are innovated and selected in the creation of new language varieties, while others are not.
As sign languages have been argued to show social and structural commonalities with creoles, special attention is given to Deaf Sign Languages.
Parallels between creole and sign language creation
The idea that sign languages can be considered creole languages is based on a variety of factors, and is often linked to the particular sociohistorical circumstances under which they emerged and evolved. Especially since the documentation of the genesis of Nicaraguan Sign Language (NSL), where researchers pointed out the sudden development of the language going through a process reminiscent of an initial pidgin stage with subsequent creolization, sign language students have looked at creole studies for inspiration. With few exceptions, this inspiration was more or less unidirectional. The time now seems ripe to cross-fertilize creole studies with research on Sign Languages.
There are several areas of similarity between creoles and sign languages: both are created and innovated from the bottom up, that is, the first generation of (new) sign language users modify, create and unify word signs and structures, just as may have happened in the genesis of creole languages. 90% of deaf children are born in hearing families, which means that the children will be better signers than their parents – just like, at some point in history, children creole speakers were.
There are also structural similarities between signed and spoken languages, such as aspect-dominance, preverbal marking of tense-mood-aspect, the marking of existentials with a verb meaning possession and the use of a sentence-final completive marker.
Furthermore, there are sociolinguistic similarities in that both types of languages are minority languages with low prestige, often lacking recognition and whose speakers and signers themselves belong to stigmatized communities.
Finally, both creole languages and sign languages have been diffused between areas, even between continents, for instance American Sign Language has its roots in French Sign Language rather than being the result of a local creation. Similarly, West African Pidgin English and Caribbean English creoles are historically connected, and several other pidgins/creoles are known to have spawned several daughter languages (e.g. the different Melanesian Pidgin Englishes).
One goal of Creolistics X is to bring together the field of creole studies together with that of sign linguistics so as to establish possible connections between the two types of languages, centering around the theme of innovations. Specifically, the development from pidgin to creole as compared to that from home-signs to full-fledged sign language offers an interesting and potentially fruitful research venue, with possible implications for, among others, general theoretical linguistics and evolutionary linguistics.
Call for papers
For this workshop, we would like to invite contributions from scholars working on creoles and sign languages from a diachronic or synchronic perspective. We welcome especially papers that deal with outcomes of contact situations where innovative expansions of the grammatical system can be observed, compared to earlier stages or to the contributing languages. We define innovations here broadly so as to encompass any distinction that is found neither in the lexifier, nor in the substrate languages.
Particularly welcome are contributions which touch upon the commonalities between sign languages and creoles, so that possible underlying cognitive mechanisms common to both language types, regardless of the modality they use, can be identified. Other topics of potential interest include, but are not limited to, how innovations spread and diffuse within a community (from ontogeny to phylogeny), or studies that investigate possible links between creole language and sign language genesis.
In the traditional spirit of openness of preceding Creolistics Workshops, other topics in the area of pidgin and creole languages will also be welcome.
The length of abstracts should not exceed 500 words. Please send your anonymized abstract to – remember to provide the name(s) of the author(s) and affiliation in the mail itself, not on the abstract. The deadline for submitting your abstract is on October 1, 2014. Notification of acceptance can be expected around November 1, 2014.
On the homepage, you will find pratical information in connection with the event, as well as a bibliography of studies linking sign languages and creoles.
Sign language interpretation will be available for presenters at the conference.
Local organization
Julie Bakken Jepsen
Peter Bakker
Finn Borchsenius
Aymeric Daval-Markussen
Carsten Levisen
Eeva Sippola
CreoleTALK Mailing List

[ECP] Educational CyberPlayground Nethappenings News

Happy Reading
Guardian launches SecureDrop system for whistleblowers to share files
SecureDrop platform allows sources to submit documents and data while avoiding most common forms of online tracking
Access the Guardian’s SecureDrop system here
Details of Britain’s covert surveillance programme – including the location of a clandestine British base tapping undersea cables in the Middle East
The secret British spy base is part of a programme codenamed “CIRCUIT” and also referred to as Overseas Processing Centre 1 (OPC-1). It is located at Seeb, on the northern coast of Oman, where it taps in to various undersea cables passing through the Strait of Hormuz into the Persian/Arabian Gulf. Seeb is one of a three site GCHQ network in Oman, at locations codenamed “TIMPANI”, “GUITAR” and “CLARINET”. TIMPANI, near the Strait of Hormuz, can monitor Iraqi communications. CLARINET, in the south of Oman, is strategically close to Yemen.  British national telco BT, referred to within GCHQ and the American NSA under the ultra-classified codename “REMEDY”, and Vodafone Cable (which owns the former Cable & Wireless company, aka “GERONTIC”) are the two top earners of secret GCHQ payments running into tens of millions of pounds annually.
Chester Nez, last of the World War II Navajo ‘code talkers, ‘ passes away quietly at 93
A Day at the Miami Beach Cyberarms Fair
Still reeling from Heartbleed, OpenSSL suffers from crypto bypass flaw
There’s a Security Gap at the Capitol. And It’s as Troublesome as the One at Navy Yard.
Fun fact of the week on the  State of the World
South Africa ranks number 1 out of 148 countries in strength of auditing and reporting standards, according to the Global Competitiveness Report 2013/2014. Our banks rank 3rd behind Canada and New Zealand, the Swiss banks rank 28th.
“JOHANNESBURG – South Africa is at risk of a credit ratings downgrade in the  immediate future, as poor economic data provides little hope for improvement  in its dual current account and fiscal deficits, Standard Bank warned on  Thursday.”
Sleep’s memory role discovered
US Secret Service seeks Twitter sarcasm detector
Google’s Larry Page slates ‘risk averse’ education system
An open letter from the Google letter slates the iterative approach of the tech industry and says education should encourage risk takers and ‘big thinkers’
How activity trackers remove our rights to our most intimate data
Are we happy to allow companies to gather details of every heartbeat and minute of sleep, then deny us access to that data?
Internet users cannot be sued for browsing the web, ECJ rules
After a five-year case, the European court of justice has ruled that copies of web pages made in the course of browsing the internet do not infringe copyright law
Flaw Lets Hackers Control Electronic Highway Billboards
CCSW 2014: The ACM Cloud Computing Security Workshop
November 7, 2014, The Scottsdale Plaza Resort, Scottsdale, Arizona, USA.
BT and Vodafone among telecoms companies passing details to GCHQ
Fears of customer backlash over breach of privacy as firms give GCHQ unlimited access to their undersea cables
Vodafone reveals existence of secret wires that allow state surveillance
Wires allow agencies to listen to or record live conversations, in what privacy campaigners are calling a ‘nightmare scenario’
Vodafone feels Edward Snowden effect with surveillance revelations Documents released by Vodafone show the level of collaboration between telecom companies and the surveillance agencies.
Transparency on the part of Vodafone only goes so far. It has not yet clarified or even confirmed its participation in Tempora, GCHQ’s tapping of the network of cables which carry the world’s phone calls and internet traffic.
Without Snowden, it is hard to believe that one of the world’s biggest telecom companies would be publishing details about warrant requests, calling for increased transparency and urging legislative reform to bring surveillance into line with the internet age.
NSA reform bill finds few allies before Senate intelligence committee
Reform advocates, tech leaders and NSA defenders criticise bill as neither adequately defending privacy rights nor national security
2nd Circ. Backs Softer FTAIA Limits In Foxconn Win
Complete Corruption!
Appeals court tells judge to stop weighing in on Citigroup mortgage case
An appeals court overruled a judge who questioned a settlement, giving the regulators and banks power to cooperate
– Dogged journalism from The American Lawyer recently confirmed that the SEC was indeed working closely with banks to limit their securities fraud exposure – sweeping dozens of deals into settlements that looked like they were covering only one or two. That usually meant the banks could pay less in fines.   Rakoff, the district court judge assigned to approve the SEC-Citi consent decree, apparently smelled a rat.   He denied the Citigroup settlement, arguing that the fine was “pocket change” for a bank of Citi’s size and saying that he had not been provided with the relevant facts to “exercise even a modest degree of independent judgment”.
Using a standard that enables judges to reject consent decrees if they are not “fair, reasonable, adequate and in the public interest”, Rakoff rebelled against rubber-stamping the deal. He refused to, in his words, “become a mere handmaiden to a settlement privately negotiated on the basis of unknown facts”.
The Justice Department risks losing big fish of financial crime by chasing whales
The SEC and FBI lack the resources to pursue every insider trading case, and should pick their battles before pursuing a giant
Los Angeles sues big banks for predatory mortgages but unlikely to win
Minority communities have long been targets for predatory lenders. Los Angeles is suing JP Morgan, Wells Fargo, Citigroup and Bank of America, but the city isn’t trying to help homeowners
U.S. Marshals Seize Local Cops’ Cell Phone Tracking Files in Extraordinary Attempt to Keep Information From Public
U.S. Marshals Seize Cops’ Spying Records to Keep Them From the ACLU
A routine request in Florida for public records regarding the use of a surveillance tool known as stingray took an extraordinary turn recently when federal authorities seized the documents before police could release them.  The surprise move by the U.S. Marshals Service stunned the American Civil Liberties Union, which earlier this year filed the public records request with the Sarasota, Florida, police department for information detailing its use of the controversial surveillance tool.
Why Are the US Marshals at the Center of All These Pen Registers?
Then, the ACLU revealed that, just before an appointment to view Sarasota, Florida’s requests under the Pen Register authority to use Stingray IMSI catchers to identify cell locations, the US Marshals declared control over the records, claiming they had deputized the local cop who had made the requests.
Here’s The Simple Reason Congress Hasn’t Fixed The VA
Veterans didn’t have the cash to pay lobbyists so they don’t get lawmakers’ attention!!!!!!
Money molds not just the agenda but the shape of Congress itself. Think of it as a host-parasite relationship in which the host, Congress, adjusts to interact most effectively with the parasite, money.
Pelosi Confronted By Teen Reporter On NSA
Finally, a reporter asks House Minority Leader Nancy Pelosi (D-CA) some tough questions. Unfortunately, this reporter is a teenager from the YouTube “TeenTake” and not someone from the Capitol Hill press corps.
When Andrew Demeter asked Pelosi, “Why do you support the NSA’s illegal and ubiquitous data collection?” she had a bit of a “deer in the headlights” look on her face.   “Well I, I do not, I have questions about the metadata collection that they were, uh, collecting,”
Pelosi stammered in response.  Demeter, unlike his professional counterparts in the mainstream media, actually challenged Pelosi with a follow-up: “You did vote for a bill to continue funding for the NSA, though.”
Pelosi responded, “Yeah, of course.” Demeter pressed the issue calling NSA data gathering a “clear violation of the Fourth Amendment.”
Sprint, T-Mobile Said Near Accord on Price, Termination Fee
Catholic Nun Killers and flesh traffickers caught
Of course the church is against abortion cause that cuts into the baby selling business profits.
Mass septic tank grave ‘containing the skeletons of 800 babies’ at site of Irish home for unmarried mothers. A source close to the investigation said: ‘No one knows the total number of babies in the grave.  There are 796 death records but they are only the ones we know of. The existence of the grave was uncovered by local woman Catherine Corless, who compiled the records of 796 babies who died at the home. She has established a group called the Children’s Home Graveyard Committee to erect a memorial.
“And the sign said, The words of the prophets are written on the subway walls & tenement halls, and echoed in the Sounds of Silence”.
END The Digital Divide:
Hiring via social networks: work for the wealthy, connected and savvy
As recruiting shifts to closed networks online, many Americans without easy access or social media skills are at a disadvantage
55 percent of Philadelphia households lack access to Internet: new early data shows rate higher than previously thought.

Reaching Inner City Youth through the Arts 2014

Professional Development
for K-16 and Community
Based Educators
Community Works Journal—Online Magazine for Educators
REGISTER TODAY, SPECIAL RATES Through June 15th  Curriculum Planning, Teaching Tools, and Inspiring Collaboration 2014 SUMMER INSTITUTES for K-16 EDUCATORS Place, Service-Learning, and Sustainable Communities Los Angeles and Vermont
City Hearts: Reaching Inner City Youth through the Arts 2014 SUMMER INSTITUTES for K-16 EDUCATORS Place, Service-Learning, and Sustainable Communities
“City Hearts: Kids Say Yes to the Arts” is an Arts enrichment program in the Los Angeles County area that was founded by Sherry and Bob Jason in 1984 and began offering classes in 1985. City Hearts hires teachers from Los Angeles’ Arts community to teach dance, acting, circus arts, musical theatre, Shakespeare, singing, crafts, and photography free to the community’s most impoverished children. The list of arts and artists continues to grow, connecting thousands of underprivileged students with professionals to inspire learning and integrate disaffected youth back into the community through the Arts. The following is a recent interview with founder Sherry Jason.
The Arts Should Be for Everyone
“I began teaching ballet at the age of eleven in my garage, charging 50 cents a class. Even then there was a family—the father was a schoolteacher, and the mother worked in Bob’s Big Boy as a car hop. They had three kids, and ballet lessons for their two girls would have cost their lunch money. Right then and there I decided that art should be provided to every child, regardless of their ability to pay. I waived their fee.”
SUGGESTED RESOURCES  For further reading about the importance of the arts in brain development and interconnections between the arts and learning, see the following resources. –eds.

Here we go again. Camel. Nose. Tent. Broadband Greed.

Net Neutrality
Net Neutrality — Definition of Monopoly – FCC public Comment – Preventing Cable Company F^ckery.
Comcast Exempts Itself From Its Data Cap, Violates (at least the) Spirit of Net Neutrality 2012
Stagg Newman of the FCC Broadband discussion with the Educational CyberPlayground.