negRo_slim writes with some welcome news from Ars Technica: "Comcast has 30 days to disclose the details of its 'unreasonable network management practices' to the Federal Communications Commission, the agency warned Wednesday morning as it released its full, 67-page Order. As FCC Chair Kevin Martin said it would, the Commission's Order rejects the ISP giant's insistence that its handling of peer-to-peer applications was necessary. 'We conclude that the company's discriminatory and arbitrary practice unduly squelches the dynamic benefits of an open and accessible Internet,' the agency declares." And from reader JagsLive comes news that Comcast has a different plan in place to deal with heavy bandwidth users: slow traffic for up to 20 minutes at a time to users who are grabbing the most bits.

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NewYorkCountryLawyer writes "The same RIAA executive who defended a $222,000 verdict over 24 song files at an academic conference back in March, Kenneth Doroshow, is leaving the RIAA and joining the Entertainment Software Association ('ESA'). As I said on my blog, if Mr. Doroshow 'accomplishes for game manufacturers what he accomplished for the recording industry, I would say the industry's prospects are bleak.'"

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I Don't Believe in Imaginary Property writes "US District Judge Jeremy Fogel has ruled that an 'allegation that a copyright owner acted in bad faith by issuing a takedown notice without proper consideration of the fair use doctrine thus is sufficient to state a misrepresentation claim,' which paves the way for a lawsuit against Universal Music over a ridiculous DMCA Takedown notice they filed. One can only hope that this ruling will some day be used against those who file misguided copyright complaints against computer printers. Those lawyers who rely upon buggy infringement detection programs to do their thinking for them — programs which are incapable of making subjective considerations like fair use — might want to think again before rubber stamping computer-generated DMCA Takedown notices."

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PhilDEE writes "Microsoft is in the process of applying for two patents for a private browsing mode in their next version of Internet Explorer — a feature already present in Safari, among other browsers."

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I Don't Believe in Imaginary Property writes "According to a new ruling, those put on the No-Fly List can challenge their inclusion in federal court. Previously, they had to go directly to an appellate court, which would deprive them of any chance to subpoena documents or witnesses and make gathering evidence difficult or impossible. Knowing the government, they will get around this by creating a 'No-Sue' list and making it even harder to change your name."

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An anonymous reader writes "The web is evil and must be stopped — because it makes public information too public. So says Canada's Privacy Commissioner. She wants to 'anonymize' court records by substituting initials for names. The Toronto Star quotes Jennifer Stodddart as saying 'The open court rule, which is extremely historically important, has now become distorted by the effect of massive search engines... Court decisions and other related documents, which contain all sorts of personal information, are now searchable worldwide, which was never intended when openness rules were devised.' All Stoddart's proposal would do is erect a minor barrier for the techno unsaavy. Researchers, reporters, geeks, and most teenagers would still be able to figure out who's who. Stoddart seems to believe only in an abstract notion of freedom and access — but only as long as not too many people use it and no one suffers. She cites the case of someone who is upset at reading the divorce case of her parents. Is Stoddart a danger or a menace? Or just clueless?"

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An anonymous reader writes "News from Free Tibet 2008 that internationally known artist, technologist and co-founder of the Graffiti Research Lab, James Powderly, was detained in Beijing early on August 19th while preparing to debut a new work and technology of protest, the L.A.S.E.R. Stencil. According to a Twitter message received yesterday by Students for a Free Tibet at approximately 5 pm Beijing Standard Time, Powderly had been detained by Chinese authorities at 3 am. His current whereabouts remain unknown. Powderly was the inventor of throwies." (Powderly's detention was also mentioned at Make Magazine's blog.)

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SkeptOlympics writes "A new chapter in the ongoing controversy surrounding China's women's gymnastics team opened today, as search engine hacker stryde.hax found surviving copies of official registration documents issued by China's General Administration of Sport of China. The incriminating documents, expunged by censors from the official site and from Google's document cache, still appear in the document translation cache of Chinese search giant Baidu, here (1) and here (2), showing the age of one of China's gold medal winning gymnasts to be 14 instead of 16, the minimum age for competition presented on her government-issued passport. Now that official government documentation is available, how long will the IOC be able to keep a lid on this scandal?" I imagine the answer is "Forever."

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coondoggie writes "In the ongoing battle to let us eat dinner in peace without being interrupted by amazingly annoying telemarketer blather, and in this case the even more infuriating recorded telemarketing drivel, the Federal Trade Commission today basically outlawed recorded telemarketing calls. Specifically, the FTC changed its venerable Telemarketing Sales Rule (TSR) to prohibit, as of Sept. 2009, telemarketing calls that deliver prerecorded messages, unless a consumer has agreed to accept such calls from a given caller/seller. Between now and 2009, telemarketers must provide an obvious, easy and quick way for consumers to opt-out of any call, the FTC said. Such an opt-out mechanism needs to be in place by December 1, 2008."

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I Don't Believe in Imaginary Property writes "In Vermont, US Magistrate Judge Jerome Niedermeier has ruled that forcing someone to divulge the password to decrypt their hard drive violates the 5th Amendment. Border guards testify that they saw child pornography on the defendant's laptop when the PC was on, but they made the mistake of turning it off and were unable to access it again because the drive was protected by PGP. Although prosecutors offered many ways to get around the 5th Amendment protections, the Judge would have none of that and quashed the grand jury subpoena requesting the defendant's PGP passphrase. A conviction is still likely because prosecutors have the testimony of the two border guards who saw the drive while it was open." The article stresses the potential importance of this ruling (which was issued last November but went unnoticed until now): "Especially if this ruling is appealed, US v. Boucher could become a landmark case. The question of whether a criminal defendant can be legally compelled to cough up his encryption passphrase remains an unsettled one, with law review articles for the last decade arguing the merits of either approach." Update: 08/19 23:49 GMT by KD : Several readers have pointed out that this story in fact did not go unnoticed.

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Ian Lamont writes "An unnamed source at an American ISP says staff there briefly considered using Deep Packet Inspection to comply with an order from Argentina's Department of Justice to block access to a local gambling site. The ISP ended up not going that route, owing to the cost, but some engineers at the company worry that DPI will eventually be implemented on the ISP's overseas network, thereby positioning it for an easier US rollout should Net Neutrality lose out in Washington. Besides being used for traffic-shaping, DPI can also monitor the traffic of ISP subscribers to supply targeted advertising."

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mytrip and several other readers let us know that a judge in Boston has lifted the gag order — actually let it expire — against three MIT students who discovered flaws in the security of the local transit system, the MBTA. We've discussed the case over the last 10 days. "Judge O'Toole said he disagreed with the basic premise of the MBTA's argument: That the students' presentation was a likely violation of the Computer Fraud and Abuse Act, a 1986 federal law meant to protect computers from malicious attacks such as worms and viruses. Many had expected Tuesday's hearing to hinge on First Amendment issues and what amounts to responsible disclosure on the part of computer security researchers. Instead, O'Toole based his ruling on the narrow grounds of what constitutes a violation of the CFAA. On that basis, he said MBTA lawyers failed to convince him on two points: The students' presentation was meant to be delivered to people, and was not a computer-to-computer 'transmission.' Second, the MBTA couldn't prove the students had caused at least $5,000 damage to the transit system."

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Anti-Globalism sends in Ars coverage of a speech by Jim Griffin, who is a consultant for Warner, one of the big four music labels. Griffin is encouraging dialog on the idea of blanket licensing of music — a topic heretofore more likely to be heard from the EFF or the Barenaked Ladies. "Taking music without paying for it may not be 'morally voluntary,' Griffin says, but he admits it has become 'functionally voluntary.' No civilized society, he adds, can endure 'purely voluntary payment for art, knowledge, and culture.' So Griffin's job is to help Warner monetize digital music, and he's convinced that the issue of payment for music is nothing less than 'our generation's nuclear power.' Griffin's most intriguing idea, and one he's been pitching for some time now, is a voluntary, blanket music license; essentially, bringing the collection society model to end users. In this model, consumers would pay royalties into a pot (by paying an extra monthly fee to their ISPs, for instance) and would then have access to all the music from all the labels that participate in the scheme."

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Ashik Ratnani writes with this snippet from Hungry Hackers: "A tool that automatically steals IDs of non-encrypted sessions and breaks into Google Mail accounts has been presented at the Defcon hackers' conference in Las Vegas. Last week, Google introduced a new feature in Gmail that allows users to permanently switch on SSL and use it for every action involving Gmail, not just authentication. Users who did not turn it on now have a serious reason to do so, as Mike Perry, the reverse engineer from San Francisco who developed the tool, is planning to release it in two weeks."

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NewYorkCountryLawyer writes "Elektra v. Barker, one of the leading cases repudiating the RIAA's 'making available' theory, has been settled. Unlike in most cases, the actual settlement agreement (PDF) is on file with the Court, and a matter of public record. Now Ms. Barker's attack on the constitutionality of the RIAA's damages theory, as well as her other defenses — including unclean hands based on MediaSentry's illegal behavior, the RIAA's inability to sue for statutory damages, and innocent infringement — will not be adjudicated, and it will fall on the shoulders of other defendants to carry the day on those issues. Ms. Barker, a young social worker who lives in the Bronx, once told p2pnet 'I love music. I grew up in a house where music was played all the time. We had milk crates filled with albums.... So to be sued for having music files on my computer is an insult. It's a slap in the face. This experience has left such a bad taste in my mouth that I wanted to swear off music.'"

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