Huawei drops lawsuit over equipment seized by the U.S. government – gpgmail


Huawei has dropped a lawsuit against the Commerce Department and other agencies after the U.S. government released telecommunications equipment seized in September 2017. The suit was filed by the Chinese company’s U.S. subsidiary, Huawei Technologies USA, in June. In a statement, Huawei said it considers the return of the equipment, including servers and Ethernet switches, “as a tacit admission that the seizure itself was unlawful and arbitrary.”

The equipment was confiscated by U.S. officials in Alaska as it was on its way back to China after testing in California. Huawei said the U.S. government determined after an investigation that no export license was needed for the shipment, but did not give the company an explanation for why it had been withheld for two years.

The dropped lawsuit is separate from the one Huawei filed against the U.S. government in March, claiming that a ban on the use of its products by federal agencies and contractors violated due process and is unconstitutional.

Huawei has been on the U.S. government’s entity list since May over concerns that it poses a threat to national security and its equipment may be used for espionage, allegations the company has denied. The trade blacklist prevents it from purchasing from U.S. suppliers without getting clearance from the government first.

Along with ZTE, Huawei has been on the U.S. government’s radar since the House Intelligence Committee identified the companies as potential security threats. Scrutiny has intensified since the U.S.-China trade war began last year, however, and the U.S. government has put more legal pressure on Huawei, which the company described earlier this month as a “malign, concerted effort by the U.S. government to discredit Huawei and curb its leadership position in the industry.”


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Federal judge rules that the “terrorist watchlist” database violates U.S. citizens’ rights – gpgmail


A Federal judge appointed by President George W. Bush has ruled that the “terrorist watchlist” database compiled by Federal agencies and used by the Federal Bureau of Investigation and the Department of Homeland Security violates the rights of American citizens who are on it.

The ruling, first reported by The New York Times, raises questions about the constitutionality of the practice, which was initiated in the wake of the September 11 terrorist attacks.

The Terrorist Screening Database is used both domestically and internationally by law enforcement and other federal agencies and inclusion on the database can have negative consequences — including limiting the ability of citizens whose names are on the list to travel.

The U.S. government has identified more than 1 million people as “known or suspected terrorists” and included them on the watchlist, according to reporting from the Associated Press.

The ruling from U.S. District Judge Anthony Trenga is the culmination of several years of hearings on the complaint, brought to court by roughly two dozen Muslim U.S. citizens with the support of Muslim civil-rights group, the Council on American Islamic Relations.

The methodology the government used to add names to the watch list was shrouded in secrecy and citizens placed on the list often had no way of knowing how or why they were on it. Indeed, much of the plaintiffs lawsuit hinged on the over-broad and error-prone ways in which the list was updated and maintained.

“The vagueness of the standard for inclusion in the TSDB, coupled with the lack of any meaningful restraint on what constitutes grounds for placement on the Watchlist, constitutes, in essence, the absence of any ascertainable standard for inclusion and exclusion, which is precisely what offends the Due Process Clause,” wrote Judge Trenga.

In court, lawyers for the FBI contended that any difficulties the 21 Muslim plaintiffs suffered were outweighed by the government’s need to combat terrorist threats.

Judge Trenga disagreed. Especially concerning for the judge were the potential risks to an individual’s reputation as a result of their inclusion on the watchlist. That’s because the list isn’t just distributed to federal law enforcement agencies, but also finds its way into the hands of over 18,000 state, local,  county, city,  university and college, and tribal and federal law enforcement agencies and another 533 private entities. The judge was concerned that mistaken inclusion on the watchlist could have negative implications in interactions with local law enforcement and potential employers or local government services.

“Every step of this case revealed new layers of government secrets, including that the government shares the watchlist with private companies and more than sixty foreign countries,” said CAIR Senior Litigation Attorney Gadeir Abbas. “CAIR will continue its fight until the full scope of the government’s shadowy watchlist activities is disclosed to the American public.”

Federal agencies have consistently expanded the number of names on the watchlist over the years. As of June 2017, 1.16 million people were included on the watchlist, according to government documents filed in the lawsuit and cited by the AP — with roughly 4,600 of those names belonging to U.S. citizens and lawful permanent residents. In 2013, that number was 680,000, according to the AP.

“The fundamental principle of due process is notice and the opportunity to be heard,” said CAIR Trial Attorney Justin Sadowsky. “Today’s opinion provides that due process guarantee to all Americans affected by the watchlist.”


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Police hijack a botnet and remotely kill 850,000 malware infections – gpgmail


In a rare feat, French police have hijacked and neutralized a massive cryptocurrency mining botnet controlling close to a million infected computers.

The notorious Retadup malware infects computers and starts mining cryptocurrency by sapping power from a computer’s processor. Although the malware was used to generate money, the malware operators easily could have run other malicious code, like spyware or ransomware. The malware also has wormable properties, allowing it to spread from computer to computer.

Since its first appearance, the cryptocurrency mining malware has spread across the world, including the U.S., Russia, and Central and South America.

According to a blog post announcing the bust, security firm Avast confirmed the operation was successful.

The security firm got involved after it discovered a design flaw in the malware’s command and control server. That flaw, if properly exploited, would have “allowed us to remove the malware from its victims’ computers” without pushing any code to victims’ computers, the researchers said.

The exploit would have dismantled the operation, but the researchers lacked the legal authority to push ahead. Because most of the malware’s infrastructure was located in France, Avast contacted French police. After receiving the go-ahead from prosecutors in July, the police went ahead with the operation to take control of the server and disinfect affected computers.

The French police called the botnet “one of the largest networks” of hijacked computers in the world.

The operation worked by secretly obtaining a snapshot of the malware’s command and control server with cooperation from its web host. The researchers said they had to work carefully as to not be noticed by the malware operators, fearing the malware operators could retaliate.

“The malware authors were mostly distributing cryptocurrency miners, making for a very good passive income,” the security company said. “But if they realized that we were about to take down Retadup in its entirety, they might’ve pushed ransomware to hundreds of thousands of computers while trying to milk their malware for some last profits.”

With a copy of the malicious command and control server in hand, the researchers built their own replica, which disinfected victim computers instead of causing infections.

“[The police] replaced the malicious [command and control] server with a prepared disinfection server that made connected instances of Retadup self-destruct,” said Avast in a blog post. “In the very first second of its activity, several thousand bots connected to it in order to fetch commands from the server. The disinfection server responded to them and disinfected them, abusing the protocol design flaw.”

In doing so, the company was able to stop the malware from operating and remove the malicious code to over 850,000 infected computers.

Jean-Dominique Nollet, head of the French police’s cyber unit, said the malware operators generated several million euros worth of cryptocurrency.

Remotely shutting down a malware botnet is a rare achievement — but difficult to carry out.

Several years ago the U.S. government revoked Rule 41, which now allows judges to issue search and seizure warrants outside of their jurisdiction. Many saw the move as an effort by the FBI to conduct remote hacking operations without being hindered by the locality of a judge’s jurisdiction. Critics argued it would set a dangerous precedent to hack into countless number of computers on a single warrant from a friendly judge.

Since then the amended rule has been used to dismantle at least one major malware operation, the so-called Joanap botnet, linked to hackers working for the North Korean regime.


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US Cyber Command has publicly posted malware linked to a North Korea hacking group – gpgmail


U.S. Cyber Command, the sister division of the National Security Agency focused on offensive hacking and security operations, has released a set of new samples of malware linked to North Korean hackers.

The military unit tweeted Wednesday that it had uploaded the malware to VirusTotal, a widely used database for malware and security research.

It’s not the first time the unit has uploaded malware to the server — it has its own Twitter account to tell followers which malware it uploads. On one hand the disclosure helps security teams fight threats from nation states, but it also gives a rare glimpse inside the nation state-backed hacking groups on which Cyber Command is focused.

The uploaded malware sample is named Electric Fish by the U.S. government. Electric Fish is a tunneling tool designed to exfiltrate data from one system to another over the internet once a backdoor has been placed.

Electric Fish is linked to the APT36 hacking group.

FireEye says APT36 has distinctly different motivations from other North Korean-backed hacking groups like Lazarus, which was blamed for the Sony hack in 2016 and the WannaCry ransomware attack in 2017. APT36 is focused on financial crimes, such as stealing millions of dollars from banks across the world, the cybersecurity firm said.

Electric Fish was first discovered in May, according to Homeland Security’s cybersecurity division CISA, but APT36 has been active for several years.

A recently leaked United Nations report said the North Korean regime has stolen more than $2 billion through dozens of cyberattacks to fund its various weapons programs.

APT36 has amassed more than $100 million in stolen funds since its inception.




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Facebook could face billions in potential damages as court rules facial recognition lawsuit can proceed – gpgmail


Facebook is facing exposure to billions of dollars in potential damages as a federal appeals court on Thursday rejected Facebook’s arguments to halt a class action lawsuit claiming it illegally collected and stored the biometric data of millions of users.

The class action lawsuit has been working its way through the courts since 2015, when Illinois Facebook users sued the company for alleged violations of the state’s Biometric Information Privacy Act by automatically collecting and identifying people in photographs posted to the service.

Now, thanks to an unanimous decision from the 9th U.S. Circuit Court of Appeals in San Francisco, the lawsuit can proceed.

The most significant language from the decision from the circuit court seems to be this:

 We conclude that the development of face template using facial-recognition technology without consent (as alleged here) invades an individual’s private affairs and concrete interests. Similar conduct is actionable at common law.

The American Civil Liberties Union came out in favor of the court’s ruling.

“This decision is a strong recognition of the dangers of unfettered use of face surveillance technology,” said Nathan Freed Wessler, staff attorney with the ACLU Speech, Privacy, and Technology Project, in a statement. “The capability to instantaneously identify and track people based on their faces raises chilling potential for privacy violations at an unprecedented scale. Both corporations and the government are now on notice that this technology poses unique risks to people’s privacy and safety.”

As April Glaser noted in “Slate”, Facebook already may have the world’s largest database of faces, and that’s something that should concern regulators and privacy advocates.

“Facebook wants to be able to certify identity in a variety of areas of life just as it has been trying to corner the market on identify verification on the web,” Siva Vaidhyanathan told Slate in an interview. “The payoff for Facebook is to have a bigger and broader sense of everybody’s preferences, both individually and collectively. That helps it not only target ads but target and develop services, too.”

That could apply to facial recognition technologies as well. Facebook, thankfully, doesn’t sell its facial recognition data to other people, but it does allow companies to use its data to target certain populations. It also allows people to use its information for research and to develop new services that could target Facebooks billion-strong population of users.

As our own Josh Constine noted in an article about the company’s planned cryptocurrency wallet, the developer community poses as much of a risk to how Facebook’s products and services are used and abused as Facebook itself.

Facebook has said that it plans to appeal the decision. “We have always disclosed our use of face recognition technology and that people can turn it on or off at any time,” a spokesman said in an email to “Reuters”.

Now, the lawsuit will go back to the court of U.S. District Judge James Donato in San Francisco who approved the class action lawsuit last April for a possible trial.

Under the privacy law in Illinois, negligent violations could be subject to damages of up to $1,000 and intentional violations of privacy are subject to up to $5,000 in penalties. For the potential 7 million Facebook users that could be included in the lawsuit those figures could amount to real money.

“BIPA’s innovative protections for biometric information are now enforceable in federal court,” added Rebecca Glenberg, senior staff attorney at the ACLU of Illinois. “If a corporation violates a statute by taking your personal information without your consent, you do not have to wait until your data is stolen or misused to go to court. As our General Assembly understood when it enacted BIPA, a strong enforcement mechanism is crucial to hold companies accountable when they violate our privacy laws. Corporations that misuse Illinoisans sensitive biometric data now do so at their own peril.”

These civil damages could come on top of fines that Facebook has already paid to the U.S. government for violating its agreement with the Federal Trade Commission over its handling of private user data. That resulted in one of the single largest penalties levied against a U.S. technology company. Facebook is potentially on the hook for a $5 billion payout to the U.S. government. That penalty is still subject to approval by the Justice Department.


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U.S. Treasury just designated China as a currency manipulator, so expect more economic shocks – gpgmail


The U.S. Treasury has just taken the extraordinary step of designating China as a currency manipulator, something no administration has done since the days of Bill Clinton.

With the action, the trade war between the U.S. and China has entered a new phase that will likely see both countries stepping up both their rhetoric and actions in the trade dispute that has now dragged on for over a year.

As a result of the ongoing hostilities between the U.S. government and China, the flood of investment dollars that once came from Chinese technology companies and investors into U.S. technology companies has slowed. Acquisitions and investments made by Chinese companies have been unwound over concerns from the Committee of Foreign Investments in the U.S. and tariffs slapped on Chinese imports have hit U.S. stock prices (including in the technology sector).

The news of Treasury’s move comes less than 24 hours after the Chinese government announced a complete halt on U.S. agricultural imports. More significantly, the Bank of China has let the country’s currency slide in value against the U.S. dollar to above the seven-to-one figure that was considered a line-in-the-sand for trade.

Given the escalation, economists’ fears that global markets could slip into a recession within the next nine months are more likely to be realized, according to reports from Morgan Stanley, quoted by CNBC.

“We take its literal message of planned tariffs quite seriously. There’s a pattern of responding to insufficient negotiation progress with escalation,” Morgan Stanley said in an analyst report.

The move to label China as a currency manipulator means that the U.S. will plead its case before the International Monetary Fund to take steps to curb what Treasury Secretary Steven Mnuchin called “the unfair competitive advantage created by China’s latest actions.”

If anything, China’s actions have actually been to prop up the country’s currency in the face of internal pressures to break the seven-to-one floor that had previously been set on the Renminbi’s value versus the dollar. China’s economy is slowing — in part due to tariffs imposed by the U.S., but also because economies in Europe and Asia are slowing down, which is hitting exports in the country. Indeed, much of the current growth in China’s economy has been fueled by debt-financed big infrastructure projects.

That could change as Chinese goods become cheaper thanks to the falling value of the nation’s currency. However, as Axios notes, what China is doing doesn’t actually fall under the definition of currency manipulation as it’s legally defined.

Because to be a currency manipulator a country needs to spend 2% of its gross domestic product over a 12-month period on currency manipulation. If anything, China was boosting the yuan in the face of calls to reduce its value until the President called for sanctions last week.

Even if the country’s currency devaluation does juice exports, it could have unforeseen consequences on China’s infrastructure spending and could backfire as a tool in the ongoing trade dispute.

A weaker currency means that Chinese consumers and businesses have to pay more for goods and services that are dollar-denominated. It also means that while the country is awash with cash, it could lose its competitive edge in a fight to lure top talent to the country. Losses in spending power could push the developers and programmers the country needs to transition from a manufacturing-focused economy to look elsewhere.

Stock markets are already taking note of the new U.S. action on trade. Futures show the Dow trading down about 350 points and the Nasdaq and S&P 500 indices both trading sharply lower.


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