Google privacy change draws ‘firestorm’

Analysts are split on how Google’s new privacy rules, which went into effect on Thursday, will affect users — and ultimately the company itself.
The rewritten and unified privacy policy, now the law of the Internet company’s land, lets Google combine data from most Google services.

Google has been notifying users about the impending change since late January via email announcements and notices on its search pages.

Google contends that the new rules don’t veer from previous privacy policies. The company says the changes make it easier for users to see what information the company has collected about them while they use Google’s free search engine, Gmail service, maps, browser and Android-based smartphones.

The company also notes that users still have control over how they use Google’s online services and that private user information remains private.

Critics, however, say the new privacy policy gives Google free rein to parse together a user’s personal information to find out what she is interested in, who she talks to, where she goes and, basically, who she is.

“You don’t have to be a weatherman to predict that this move by Google is going to cause a firestorm of controversy,” said Dan Olds, an analyst with The Gabriel Consulting Group.

“Just so far today, the first day of the new policy, we already have 36 U.S. state Attorney Generals weighing in with a strongly worded letter, and a pan-European privacy commission starting up an investigation. As details start to emerge, I think that the fire is just going to burn brighter,” Olds added.

On Thursday, EU Justice Commissioner Viviane Reding announced that privacy agencies in European countries have concluded that Google’s new privacy policy violates European laws.

France’s data protection watchdog, the Commission nationale de l’informatique et des libertes (CNIL), announced this week that it had asked Google to postpone the new policy.

The CNIL also said it is willing to take the lead in an investigation into the legality of Google’s new privacy policy. The agency said its preliminary research found that Google’s new policy fails to meet the requirements of the European Data Protection Directive.

Google’s new privacy rules consolidate the the bulk of policies it had into one policy, the company said. It combined more than 60 of 70-plus policies into a new main policy.

Google also said it has cut down on the Google Terms of Service and made them easier to read.

Google has been compiling information from users of its different services, like Gmail and Calendar, for some time. The new policy is different in that it includes user information across all products and services.

Critics were quick to complain that Google wasn’t giving users an opt-out option for this consolidation of data. Instead, the company said if users didn’t like their data being combined across services, they could simply stop using those services.

 

Facebook set for $100bn valuation in IPO next spring

Facebook is gearing up for an initial public offering (IPO) in the second quarter of 2012 that could value the company at $100bn, according to reports.
Rumours that Facebook will file for an IPO have been circulating for some time, but the world’s largest social network has never publically confirmed the move.

Facebook told V3 on Tuesday that it could not confirm the most recent rumours. The first reports originated in The Wall Street Journal and cited “people familiar with the matter”.

Goldman Sachs and Digital Sky Technologies publically invested $500m in Facebook in January, which valued the social network at $50bn.

Quocirca analyst Clive Longbottom suggested that Facebook will have no problems raising $100bn in an IPO. The sum is equivalent to the revenue generated last year by IBM, the world’s biggest software company.

Longbottom pointed out that Facebook will need to sell only a small percentage of stock to achieve the reported valuation.

“All things considered, I expect the IPO will be successful. Social networking is seen as a safe bet for investors, just as telecoms companies used to be,” he said.

“The IPO will bring a lot of money into Facebook which the business will then have to decide what to do with.”

However, Longbottom warned that the money could do the company more harm than good.

“Facebook may decide to use the money to develop its market share in particular regions of the world, but then it already has 10 per cent of the global population using its service,” he said.

“Or it may try and develop a monitised business, which it has been trying to do for a while but has been unsuccessful. It may also try and expand into a software-as-a-service type of company like Google has done with products like Docs, although this may take it off path and remove some of its focus.”

Longbottom suggested that, as Facebook currently turns over $3bn to $4bn a year, but has now been valued so much higher, there may be more pressure on the business to take the IPO route.

“A company cannot just grow from a $3bn company to a $100bn company by pushing more and more advertising, or by getting its users to target advertisements more,” he said.

“Either at some stage Facebook has to change its model or people will see the emperor’s new clothes and move on to the next internet bubble.”

However, while arguing that Facebook’s IPO may create problems for the business, Longbottom said that the social network would be “crazy” to hold off for too much longer.

“It’s better that Facebook makes the offer while it’s still growing than when the model begins to creak. It needs the cash to acquire, to build and to dominate,” he said.

Longbottom cited the failure of Groupon’s recent IPO, which he said was because the firm had waited too long.

“Facebook has managed to build a model that is far more sticky and long lasting than one could have imagined, so the IPO may just work for them,” he said.

The analyst concluded that spring next year would be a good time for an IPO as the market should be seeing some economic recovery by then, particularly in the US.

Apple iTunes flaw ‘allowed government spying for 3 years’

An unpatched security flaw in Apple’s iTunes software allowed intelligence agencies and police to hack into users’ computers for more than three years, it’s claimed.

Apple’s iTunes software is installed on more than a quarter of a billion computers

A British company called Gamma International marketed hacking software to governments that exploited the vulnerability via a bogus update to iTunes, Apple’s media player, which is installed on more than 250 million machines worldwide.

The hacking software, FinFisher, is used to spy on intelligence targets’ computers. It is known to be used by British agencies and earlier this year records were discovered in abandoned offices of that showed it had been offered to Egypt’s feared secret police.

Apple was informed about the relevant flaw in iTunes in 2008, according to Brian Krebs, a security writer, but did not patch the software until earlier this month, a delay of more than three years.

“A prominent security researcher warned Apple about this dangerous vulnerability in mid-2008, yet the company waited more than 1,200 days to fix the flaw,” he said in a blog post.

“The disclosure raises questions about whether and when Apple knew about the Trojan offering, and its timing in choosing to sew up the security hole in this ubiquitous software title.”

On average Apple takes just 91 days to fix security flaws after they are disclosed, Mr Krebs wrote.

Francisco Amato, the Argentinian security researcher who warned Apple about the problem suggested that “maybe they forgot about it, or it was just on the bottom of their to-do list”.

In response to reports that FinFisher targeted iTunes, Apple has said that it works “to find and fix any issues that could compromise systems”.

“The security and privacy of our users is extremely important,” a spokeswoman said.

This month’s iTunes update 10.5.1 explained that “a man-in-the-middle attacker may offer software that appears to originate from Apple”, adding that the “issue has been mitigated”.

Gamma International has not commented on the matter. Registered in Winchester, the firm is one of several companies that sell computer hacking services to governments. They offer “zero day” security flaws, which have not been publicly disclosed, so attempts to exploit them are unlikely to be detected by anti-virus programs.

 

By Christopher Williams, Technology Correpsondent

1:27PM GMT 24 Nov 2011

From

 

European court rules that ISPs can’t be forced to block pirated content

ISPs cannot be legally obliged to monitor their customers’ electronic communications and block the unauthorised transmission of copyrighted content, the European Court of Justice (ECJ) has ruled, in a landmark decision that will come as a blow to rights holders.

The ruling came in the Scarlet Extended case, which began life in the Belgian courts in 2004 and was escalated to the ECJ.

Belgian rights holders group SABAM was looking to impose content filtering requirements on ISP Scarlet to prevent illegal downloading and distribution in the country.

“EU law precludes the imposition of an injunction by a national court which requires an internet service provider to install a filtering system with a view to preventing the illegal downloading of files,” the court ruled on Thursday.

Jérémie Zimmermann, co-founder of rights group La Quadrature du Net, welcomed the news, arguing that it is a blow for a European Commission that has until now “implicitly supported the broad filtering schemes” promoted by the creative industries.

“As the war on culture sharing is fiercer than ever, this ECJ ruling comes at a timely moment. The ruling stresses once again that instead of keeping on pushing for more repression, EU policy makers should work towards a much-needed reform of copyright that would protect citizens’ freedoms,” he added.

“Rejecting ACTA and other extremist measures imposed in the name of copyright would be a first step.”

Robin Fry, copyright expert at law firm DAC Beachcroft LLP, also welcomed the news.

“For too long, ISPs, search engines and online marketplaces have been
shunted down the track of having to be responsible for everything that’s
seen or done using their systems,” he told V3.

“A freedom to conduct business argument will certainly be deployed in many cases from now on where intellectual property rights owners choose to
bring claims against the messenger rather than the infringer.”

Fry added that the ruling could affect the UK’s controversial Digital Economy Act.
“This judgement may well jeopardise the DEA,” he said.

“The ISPs could show that the substantial costs of running the monitoring and access-blocking provisions will be an unfair burden on their business and subverts their existing financial model.”

However, Eversheds associate Simon Cloke explained that even the DEA stops short of requiring ISPs to monitor customer information to prevent illegal downloads as per SABAM’s request.

“It instead places the onus on the copyright owner to identify potential infringements and to notify these to the ISP,” he told V3.

“Under UK law, monitoring of communications transmissions would amount to a violation of the Regulation of Investigatory Powers Act (RIPA) except in certain limited circumstances. The Digital Economy Act does not require ISPs to monitor communications in a manner that would contradict the provisions of RIPA.”

In response to the ruling, rights holders remained confident that in the UK injunctions could still be sought to force ISPs to crack down on illegal content.

“The European Court found that the injunction against Scarlet was too broad and imposed a general obligation to monitor all information. The measures being adopted in the UK to reduce online piracy are entirely different,” argued BPI general counsel, Kiaron Whitehead.

“The Court reconfirmed today that, under European law, injunctions can be ordered against ISPs in relation to both existing and future copyright infringements.”

Rights holders have already been able to circumvent the Digital Economy Act, however, by turning to the Copyright, Design and Patents Act in order to force ISPs such as BT to block file-sharing site Newzbin, and pay for any technical measures needed to do this.

HTC ordered to stop selling 3G devices in Germany Patent licensor IPCom has ordered HTC to stop selling all of its 3G devices in Germany, claiming that the Taiwanese manufacturer is infringing a patent relating to 3G technology.

IPCom has threatened further legal action if HTC refuses to comply, stating that it could pursue its case under a German law called Zwangsgeldverfahren. This is a penalty system that allows a series of fines to be charged until an infringer agrees to comply with the court order.

“HTC’s claim that it is ‘business as usual’ in Germany is utterly misleading,” said Bernhard Frohwitter, managing director of IPCom.

“Fact is: the patent in question [patent #100; EP 1 186 189] is valid, and the Mannheim ruling of February 2009 covers all HTC 3G devices, since the patent covers a mandatory 3G standard, valid for all devices and networks.”

IPCom maintains that HTC will have to redesign products as it will not be able to use an “unspecified work-around” to avoid infringement. However, HTC shows no signs of backing down and claims that the patent is invalid.

“On Friday, HTC withdrew its appeal in the German IPCom EP1186189 case. HTC considers that the appeal had become redundant as the German Federal Patents Court had previously held the relevant claim of the patent to be invalid,” the firm said in a statement to V3.

The dispute looks set to drag on as HTC will want to avoid a potentially expensive licensing deal with IPCom.

Meanwhile, fellow Android device maker Samsung has had to redesign its products for the German market, but could be handed a reprieve in the Australian courts in its high-profile patent dispute with Apple across the globe.

Justice Lindsay Foster, an Australian appeals court judge, suggested that the Samsung tablet ban in the region could be overturned in time for the Christmas season.

“The result looks terribly fair to Apple and not terribly fair to Samsung,” Bloomberg reported the judge as saying during the appeal hearing.