Mediaboss Marketing

from the so-dark-we-could-only-get-everything-we-needed dept

It's been clear for some time that the FBI and DOJ's overly dramatic calls for encryption backdoors are unwarranted. Law enforcement still has plenty of options to deal with device encryption and end-to-end encrypted messaging services. Multiple reports have shown encryption is rarely an obstacle to investigations. And for all the noise the FBI has made about its supposedly huge stockpile of locked devices, it still has yet to hand over an accurate count of devices in its possession, more than two years after it discovered it had been using an inflated figure to back its "going dark" hysteria for months.

An ongoing criminal case discussed by Thomas Forbes for Fortune provides more evidence law enforcement is not only finding ways to bypass device encryption, but access contents of end-to-end encrypted messages. This isn't the indictment of Signal (a popular encrypted messaging service) it first appears to be, though. The access point was the iPhone in law enforcement's possession which, despite still being locked, was subjected to a successful forensic extraction.

In the Signal chats obtained from one of [the suspect's] phones, they discuss not just weapons trades but attempted murder too, according to documents filed by the Justice Department. Theres also some metadata in the screenshots, which indicates not only that Signal had been decrypted on the phone, but that the extraction was done in partial AFU. That latter acronym stands for after first unlock and describes an iPhone in a certain state: an iPhone that is locked but that has been unlocked once and not turned off. An iPhone in this state is more susceptible to having data inside extracted because encryption keys are stored in memory.

Seizing a phone in this vulnerable state allows investigators to obtain evidence from "locked" phones by using forensic tools like those sold by Cellebrite and Grayshift. Signal's encryption works. But that encryption doesn't matter -- not if law enforcement has access to the device. Encryption protects against message interception but even the strongest forms of encryption can't secure communications on a partially unlocked device. In this state, it's as simple as hooking up a phone to an extraction device and letting the device do the work.

It's not clear which forensic option was used, but it does show encryption isn't making phones and communications "warrant-proof." A locked device (rather than one in an "after first unlock") is going to be tougher to crack, but it's far from impossible. And if it is indeed impossible, a wealth of information can be recovered from cloud backups, unencrypted communications platforms, social media services, and any number of third parties that collect information and location data from cellphone users. In only the rarest cases will investigators have almost nothing to work with.

Even in those cases, there are options. Investigators can roll the dice on Fifth Amendment challenges and hope a court orders arrestees to unlock their devices. They can also seek consent to a search -- something that's never a one-and-done thing when law enforcement has both suspects and their devices in its possession.

This case shows multiple layers of encryption are mainly a hassle at this point. It's enough to keep people's devices secure in case of loss or theft, but it's not much of an impediment to investigators with powerful forensic tools at their disposal.

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Filed Under: access, doj, encryption, evidence, fbi, going dark, law enforcement

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Gun Trafficking Investigation Shows The FBI Is Still Capable Of Accessing Communications On Encrypted Devices - Techdirt

SPECIAL TO DEVILS LAKE NEWSROOM| Devils Lake Journal

Steve Martinez Takes Principled Stand Against Use of Grand Jury to Repress Indigenous Environmental Movement

BISMARK- Water Protector Steve Martinez is confined in Burleigh County Detention Center after refusing, on principle, to give testimony before a federal grand jury. This Grand Jury, like the one at which Martinez refused to testify three years ago, ostensibly involves a criminal investigation into events leading to the grievous injury of Water Protector Sophia Wilansky. It has been the position of Morton County, ND that Ms. Wilansky was not injured as a result of excessive force by law enforcement, but by the actions of Water Protectors. In a federal civil rights lawsuit against Morton County, however, Wilansky says she was shot in the arm with a concussion grenade by a sheriffs deputy on November 20, 2016, when law enforcement attacked hundreds of unarmed people objecting to the construction of the Dakota Access Pipeline (DAPL) with high pressure fire hoses, impact munitions, explosive grenades and chemical weapons.

Opposition to DAPL rallied thousands of environmental and Indigenous rights activists to the Oceti Sakowin prayer camp at Standing Rock, ND in 2016 and 2017. These Water Protectors were met with heavily militarized intervention from the oil companys private security forces, the Morton County Sheriffs Office, and numerous assisting agencies. Since March, 2017, DAPL has leaked over 1000 gallons of oil into sensitive water sources, and the Energy Transfer link connecting DAPL to Texas has leaked over 5000 gallons of oil. On January 26, 2021, the appeals court in Washington D.C. upheld a lower court ruling which found that the permit allowing DAPL to cross beneath the Missouri River on unceded Lakota / Dakota / Nakota lands violated key federal environmental laws, by failing to consider the risk the pipeline poses to the Standing Rock Sioux and other Indigenous nations who depend on the river for drinking water, as well as cultural, spiritual, and economic survival. After years of struggle and irreversible harm to both land and people, the rulings affirm the positions of the Water Protectors, and mean that DAPL is currently operating illegally.

After Mr. Martinez refused to submit to a grand jury in 2017, US Attorneys released him from subpoena. Three years later, Mr. Martinez was served a new subpoena, just days after a significant ruling in Ms. Wilanskys civil suit. The near simultaneous timing of the civil order and the new grand jury subpoena casts doubt on the legitimacy of the subpoena, argued Martinez lawyers in a motion to excuse him from the Grand Jury. U.S. Magistrate Judge Alice Senechal denied that motion.

After Martinez appeared before the Grand Jury on February 3, and invoked his First and Fifth Amendment rights, Magistrate Judge Senechal ordered him to give testimony. Martinez refused. In a secret proceeding in a sealed courtroom, the Court held him in contempt of its order, and over the objections of counsel, had him confined until such time as he agrees to testify, or the Grand Jury investigation terminates up to 18 months.

The Governments efforts to force Steve Martinez to collaborate with the Federal Grand Jury seeking to shift the blame for Sophia Wilanskis injuries from law enforcement to Water Protectors have been plagued by due process violations, procedural errors, undue haste, and secrecy, say his lawyers. Martinez intends to challenge the finding of contempt, but remains prepared to serve the term of confinement, rather than participate in a proceeding characterized by secrecy and coercion.

Grand juries are secret proceedings, at which prosecutors control the presentation of evidence to grand jurors in an effort to secure an indictment. Neither defense counsel nor judges nor any member of the public may be present. Witnesses must answer questions or risk being jailed until either they are coerced into compliance, or the grand jury expires. Due to their secrecy, grand juries are highly susceptible to abuse, said attorney Moira Meltzer-Cohen. There is a long history of grand juries being used to intimidate politically disfavored groups, from abolitionists to union organizers, anti-war advocates, and civil rights activists. This Grand Jury, which criminalizes movements for native sovereignty and environmental justice, is one more instance of such abuse.

In addition to his objections to the grand jury as an institution, Martinez believes it is being used to suppress his rights to assembly, association, religion, and free speech. In a call from jail Saturday morning, he reaffirmed his conviction, saying The state should not be intimidating people and trying to blame us for harm they caused. I didnt want to lose my freedom, but they are not going to break me. Martinez partner Leta Killer wrote in a heartfelt social media post: Yesterday, my love Steve Martinez stood his ground as a Grand Jury Resistor regarding the movement at Standing Rock. … [T]he Feds are still grasping straws trying not to be held accountable for the terrible things law enforcement did to peaceful, prayerful Water Protectors. … Seeds of awareness & unification [will] spread all over the world for voices to speak out [about the need] to protect our natural resources for all of our future generations. Martinez enjoys widespread support, as he joins, for the second time, a long line of activists committed to the welfare and self-determination of their movement communities. Mni Wiconi! (Water is Life!)

K. William Boyer is the Managing Editor of the Devils Lake News Journal. He can be reached at kboyer@gannett.com, or by phone at(701) 662-2127.

Be sure to follow Devils Lake Journal on our twitter page, @devilslakenews, and like us on Facebook!

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Indigenous Water Protector Jailed in North Dakota for Refusing to Cooperate With Secret Grand Jury - Devil's Lake Daily Journal

On 28 January 2021 the EU Commission published the fifth amendment to its 19 March 2020 Temporary Framework on state aid in reaction to the COVID-19 outbreak (see our blog post).

The guidance document was previously amended on 3 April 2020 (see our blog post), on 8 May 2020 (see our blog post), on 29 June 2020 (see our blog post) and on 13 October 2020 (see our blog post).

The EU Commission noted in the fifth amendment to the Temporary Framework that it expects the European economy to barely return to pre-pandemic levels in 2022. It therefore decided to prolong the availability of the measures set out in the Temporary Framework until 31 December 2021, including the instrument allowing governments to cover part of companies' fixed costs and the temporary removal of all countries from the list of "marketable risk" countries under the short-term export-credit insurance Communication (STEC).

Additionally, the fifth amendment raises the aid ceilings for certain instruments and introduces a new possibility to convert repayable aid measures into non-repayable forms of aid.

Lastly, it clarifies the conditions of compensation under Article 107(2)(b) TFEU.

Prolongation until 31 December 2021

Considering Member States positive feedback and the ongoing second wave of the pandemic, the EU Commission adopted a further six-month extension of the Temporary Framework, thereby prolonging it until 31 December 2021. Member States wishing to extend their national aid measures approved by the EU Commission under the Temporary Framework need to notify the EU Commission and provide the required information set out in the fifth amendment's annex.

The EU Commission will evaluate before 31 December 2021 whether the Temporary Framework needs to be further extended or adapted.

Increased aid ceilings

The EU Commission has increased the ceilings set out in section 3.1 (limited amounts of aid) and section 3.12 (aid in the form of support for uncovered fixed costs) of the Temporary Framework. Both had been or were about to be exhausted due to the continued impact of the COVID-19 outbreak.

Therefore, the overall aid ceiling for all industries (excluding primary agriculture, fishery, and aquaculture) is increased from EUR 800 000 to EUR 1.8 million per undertaking.

The aid for companies active in primary agriculture is increased from EUR 100 000 to EUR 225 000.

The ceiling per undertaking active in fishery or aquaculture is increased from EUR 120 000 to EUR 270 000.

As before, the above aid ceilings can be combined with de minimis aid of up to EUR 200 000 per company (up to EUR 30 000 per company operating in fishery and aquaculture and up to EUR 25 000 per company operating in agriculture) over a period of three financial years, subject to complying with the requirements of the relevant de minimis

Additionally, the ceiling for aid in the form of support for uncovered fixed costs is increased. Due to the pandemic, many companies are struggling to cover their fixed costs. To help these companies, the EU Commission introduced a measure allowing governments to contribute to a part of their fixed costs (see our blog post).

The respective aid measures can now be prolonged until 31 December 2021 and cover uncovered fixed costs incurred between 1 March 2020 and 31 December 2021. Compared to the previous ceiling of EUR 3 million, going forward the overall aid shall not exceed EUR 10 million per company and may be granted in the form of direct grants, tax, and payment advantages, or other forms such as repayable advances, guarantees, loans, and equity.

Possibility to convert repayable aid measures into non-repayable forms of aid

To create an incentive to initially choose repayable forms of aid, the EU Commission has provided for the possibility to convert repayable forms of aid (such as repayable advances and loans) into non-repayable forms of financial support such as grants.

The respective aid ceilings (i.e. in most sectors up to EUR 1.8 million per company) will apply in case of a conversion. Member States can convert their measures until one year after the Temporary Framework's expiry, applying transparent and non-discriminatory conditions. These conversion conditions must be notified to the EU Commission.

Extension of temporary removal of all countries from the list of marketable risk countries under the STEC

The EU Commission continues to see a lack of sufficient private insurance capacity for short-term export-credits in general and considered all commercial and political risks associated with exports to the countries listed in the Annex to the STEC as temporarily non-marketable initially until 31 December 2020.

Considering the continuing disruptive impact of COVID-19 on the European economy, the EU Commission has therefore again prolonged the temporary exception of all countries from the list of "marketable risk" countries under the short-term export-credits until 31 December 2021 (previously until 30 June 2021).

Clarification regarding measures allowing compensation under Article 107(2)(b) TFEU

Article 107(2)(b) TFEU allows Member States to grant compensation for damage directly caused by the COVID-19 outbreak. So far, that damage has been defined as caused "by quarantine measures precluding the beneficiary from operating its economic activity."

The updated Temporary Framework extends the definition by including damage caused by "restrictive measures precluding the beneficiary, de jure or de facto, from operating a specific and severable part of its activity."

According to the EU Commission, de facto restrictions comprise, for example, measures capping attendance for specific activities (e.g., events, entertainment, trade fairs). However, less restrictive measures, like general social distancing measures, are not grounds for compensation under Article 107(2)(b) TFEU.

Additionally, guidance to avoid overcompensation has been added to the new Temporary Framework. Compensation can be given only for strictly quantifiable damage resulting directly from the restrictive measure, and is limited to the profit that could credibly have been generated by the beneficiary in the absence of the measure.

"As the coronavirus outbreak persists longer than we were all hoping for, we need to keep making sure that Member States can provide businesses with the necessary support to see it through."

Executive Vice-President Margrethe Vestager

Read more:
EU Commission publishes fifth amendment to its Temporary Framework for state aid in relation to the COVID-19 crisis - Lexology

Walker dramatizes key scenes, such as an early dust-up between an Oakland police officer and a car packed with four gun-toting Panthers. When the officer asks for Newtons phone number, he tersely answers, Five, referring to the Fifth Amendment. When firearms are discovered in the car, the tension ratchets up. A stickler for gun laws, Newton cites his constitutional right to bear arms, explaining that his piece is unloaded because it is illegal to carry a loaded rifle in a car; stepping out of the vehicle, he loads it. Not a single shot was fired, and no one was injured, Walker writes. But war had been declared.

When the text boxes start piling up, though, the tone can dry out: Having made a name for themselves in Oakland, the Black Panther Party for Self-Defense was asked by Eldridge Cleaver and the RAM-affiliated Black Panther Party of Northern California to help provide security for Betty Shabazz, the widow of Malcolm X. Fortunately, as an artist Anderson is just as good at rendering static shots as he is at depicting action, and his gift for warm, uncluttered portraiture lionizes familiar figures. In an early sequence, he depicts 31 slain civil rights activists, their names largely lost to us. Most of them are smiling, yet all are shaded, heartbreakingly, in a ghostly blue. Though each panel is just 1.5 inches by 2.25 inches, the depth of emotion could fill an entire page.

A mixture of bravery and dread hangs over much of the book. For all the partys talk of guns, they are only shown being discharged toward the end. Fred Hampton, who had joined the Chicago branch of the Panthers at the end of 1968, found himself the national spokesman the following year, fixing him on the F.B.I.s radar. Walker and Anderson depict his murder by plainclothes policemen without showing any gore. Their machine guns fire 31 times across 19 orderly, crimson-tinged panels, the sound of each shot (BLAM) obscuring the terrified dialogue of the eight other Panthers in the house at the time. Its a turning point in the groups history, chillingly rendered.

The only scene of political resistance in Jim Terrys memoir, COME HOME, INDIO (Street Noise, 234 pp., $16.99), appears at the end, as the cartoonist travels with his sister and a friend to join the Standing Rock protest against the Dakota Access Pipeline. The son of a Native (Ho-Chunk) mother and an Irish-American jazz musician father, who divorced when he was young, Terry grew up in the Midwest, bouncing between two worlds. His devotion to Standing Rock is sincere, but he doesnt have the instant moment of connection that he was hoping for. He worries that it isnt his place that hell somehow be seen as an impostor.

The rest is here:
Can a Comic Book Contain the Drama and Heat of Activism? - The New York Times

WALTHAM, Mass.--(BUSINESS WIRE)--Wolters Kluwer:

What: The U.S. Department of Health and Human Services (HHS) issued a fifth amendment to the Declaration under the Public Readiness and Emergency Preparedness Act (PREP Act) to add additional categories of qualified persons authorized to prescribe, dispense, and administer COVID-19 vaccines authorized by the U.S. Food and Drug Administration. This action would enable retired or inactive doctors and nurses to administer COVID-19 vaccines.

Why: Creative solutions are needed urgently as the U.S. struggles to disseminate COVID-19 vaccine doses quickly and efficiently to millions of Americans, however there are downstream implications of such changes for hospitals and health systems that are already underwater. A cohesive and rapid onboarding strategy at these facilities is needed to ensure the burden of supporting newly activated staff does not fall on an already over-taxed workforce.

Who: Anne Dabrow Woods, DNP, RN, CRNP, ANP-BC, AGACNP-BC, FAAN, is a practicing nurse practitioner in critical care for Penn Medicine, Chester County Hospital and clinical adjunct faculty for the College of Nursing & Health Professions for Drexel University in Philadelphia, PA. Anne has over 36 years of experience in nursing and 22 years of experience as a nurse practitioner. She currently serves as Chief Nurse of Health Learning, Research & Practice, Wolters Kluwer.

HHSs most recent initiative acknowledges that we desperately need more support in handling this pandemic. I want to urge however that this is not going to be a plug-and-play solution. Clinicians entering the workforce or returning from retirement will need training and support around COVID-19 vaccine administration, and we need to do everything we can to ensure this responsibility doesnt fall on our already over-worked frontline providers.

While HHS latest program to allow nursing students and recently retired nurses to support COVID-19 vaccination efforts is a step in the right direction, in some ways it is like putting a Band-Aid on something that needs sutures. There is a much bigger problem facing our nurses as they care for COVID patients from the ICU all the way to patients with long-haul symptoms in the community. Supporting vaccine distribution is critical to scaling the effort effectively and it adds a new dimension to the need for more cross training of our existing nursing workforce to create agility and efficiency within our existing health systems.

Hospitals have had to make impossible choices over the last few months. In many cases, elective procedures have been paused, forcing hospitals to furlough underutilized staff. However, these same facilities are experiencing massive nursing shortages in their ICUs, stepdown units, telemetry units and EDs. Instead of experiencing this staffing disparity, cross functional training can support load balancing of nurses across a hospital, preventing furloughs and staffing shortages.

How: Contact Ashley Beine at ashley.beine@wolterskluwer.com to schedule an interview with Anne Dabrow Woods. Journalists may also publish quotes above with proper attribution.

About Wolters Kluwer

Wolters Kluwer (WKL) is a global leader in professional information, software solutions, and services for the clinicians, nurses, accountants, lawyers, and tax, finance, audit, risk, compliance, and regulatory sectors. We help our customers make critical decisions every day by providing expert solutions that combine deep domain knowledge with advanced technology and services.

Wolters Kluwer reported 2019 annual revenues of 4.6 billion. The group serves customers in over 180 countries, maintains operations in over 40 countries, and employs approximately 19,000 people worldwide. The company is headquartered in Alphen aan den Rijn, the Netherlands.

Wolters Kluwer provides trusted clinical technology and evidence-based solutions that engage clinicians, patients, researchers and students with advanced clinical decision support, learning and research and clinical intelligence. For more information about our solutions, visit https://www.wolterskluwer.com/en/health and follow us on LinkedIn and Twitter @WKHealth.

For more information, visit http://www.wolterskluwer.com, follow us on Twitter, Facebook, LinkedIn, and YouTube.

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Chief Nurse at Wolters Kluwer and Critical Care Nurse Practitioner Discusses HHS Public Readiness and Emergency Preparedness (PREP) Act - Business...