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EFF: EFF to Court: Social Media Users Have Privacy and Free Speech Interests in Their Public Information

EFF to Court: Social Media Users Have Privacy and Free Speech Interests in Their Public Information

Special thanks to legal intern Rachel Sommers, who was the lead author of this post.

Visa applicants to the United States are required to disclose personal information including their work, travel, and family histories. And as of May 2019, they are required to register their social media accounts with the U.S. government. According to the State Department, approximately 14.7 million people will be affected by this new policy each year.

EFF recently filed an amicus brief in Doc Society v. Pompeo, a case challenging this “Registration Requirement” under the First Amendment. The plaintiffs in the case, two U.S.-based documentary film organizations that regularly collaborate with non-U.S. filmmakers and other international partners, argue that the Registration Requirement violates the expressive and associational rights of both their non-U.S.-based and U.S.-based members and partners. After the government filed a motion to dismiss the lawsuit, we filed our brief in district court in support of the plaintiffs’ opposition to dismissal. 

In our brief, we argue that the Registration Requirement invades privacy and chills free speech and association of both visa applicants and those in their social networks, including U.S. persons, despite the fact that the policy targets only publicly available information. This is amplified by the staggering number of social media users affected and the vast amounts of personal information they publicly share—both intentionally and unintentionally—on their social media accounts.

Social media profiles paint alarmingly detailed pictures of their users’ personal lives. By monitoring applicants’ social media profiles, the government can obtain information that it otherwise would not have access to through the visa application process. For example, visa applicants are not required to disclose their political views. However, applicants might choose to post their beliefs on their social media profiles. Those seeking to conceal such information might still be exposed by comments and tags made by other users. And due to the complex interactions of social media networks, studies have shown that personal information about users such as sexual orientation can reliably be inferred even when the user doesn’t expressly share that information. Although consular officers might be instructed to ignore this information, it is not unreasonable to fear that it might influence their decisions anyway.

Just as other users’ online activity can reveal information about visa applicants, so too can visa applicants’ online activity reveal information about other users, including U.S. persons. For example, if a visa applicant tags another user in a political rant or posts photographs of themselves and the other user at a political rally, government officials might correctly infer that the other user shares the applicant’s political beliefs. In fact, one study demonstrated that it is possible to accurately predict personal information about those who do not use any form of social media based solely on personal information and contact lists shared by those who do. The government’s surveillance of visa applicants’ social media profiles thus facilitates the surveillance of millions—if not billions—more people.

Because social media users have privacy interests in their public social media profiles, government surveillance of digital content risks chilling free speech. If visa applicants know that the government can glean vast amounts of personal information about them from their profiles—or that their anonymous or pseudonymous accounts can be linked to their real-world identities—they will be inclined to engage in self-censorship. Many will likely curtail or alter their behavior online—or even disengage from social media altogether. Importantly, because of the interconnected nature of social media, these chilling effects extend to those in visa applicants’ social networks, including U.S. persons.

Studies confirm these chilling effects. Citizen Lab found that 62 percent of survey respondents would be less likely to “speak or write about certain topics online” if they knew that the government was engaged in online surveillance. A Pew Research Center survey found that 34 percent of its survey respondents who were aware of the online surveillance programs revealed by Edward Snowden had taken at least one step to shield their information from the government, including using social media less often, uninstalling certain apps, and avoiding the use of certain terms in their digital communications.

One might be tempted to argue that concerned applicants can simply set their accounts to private. Some users choose to share their personal information—including their names, locations, photographs, relationships, interests, and opinions—with the public writ large. But others do so unintentionally. Given the difficulties associated with navigating privacy settings within and across platforms and the fact that privacy settings often change without warning, there is good reason to believe that many users publicly share more personal information than they think they do. Moreover, some applicants might fear that setting their accounts to private will negatively impact their applications. Others—especially those using social media anonymously or pseudonymously—might be loath to maximize their privacy settings because they use their platforms with the specific intention of reaching large audiences.

These chilling effects are further strengthened by the broad scope of the Registration Requirement, which allows the government to continue surveilling applicants’ social media profiles once the application process is over. Personal information obtained from those profiles can also be collected and stored in government databases for decades. And that information can be shared with other domestic and foreign governmental entities, as well as current and prospective employers and other third parties. It is no wonder, then, that social media users might severely limit or change the way they use social media.

Secrecy should not be a prerequisite for privacy—and the review and collection by the government of personal information that is clearly outside the scope of the visa application process creates unwarranted chilling effects on both visa applicants and their social media associates, including U.S. persons. We hope that the D.C. district court denies the government’s motion to dismiss the case and ultimately strikes down the Registration Requirement as unconstitutional under the First Amendment.

Published July 01, 2020 at 12:59AM
Read more on eff.org

EFF: Inside the Invasive, Secretive “Bossware” Tracking Workers

Inside the Invasive, Secretive “Bossware” Tracking Workers

COVID-19 has pushed millions of people to work from home, and a flock of companies offering software for tracking workers has swooped in to pitch their products to employers across the country.

The services often sound relatively innocuous. Some vendors bill their tools as “automatic time tracking” or “workplace analytics” software. Others market to companies concerned about data breaches or intellectual property theft. We’ll call these tools, collectively, “bossware.” While aimed at helping employers, bossware puts workers’ privacy and security at risk by logging every click and keystroke, covertly gathering information for lawsuits, and using other spying features that go far beyond what is necessary and proportionate to manage a workforce.

This is not OK. When a home becomes an office, it remains a home. Workers should not be subject to nonconsensual surveillance or feel pressured to be scrutinized in their own homes to keep their jobs.

What can they do?

Bossware typically lives on a computer or smartphone and has privileges to access data about everything that happens on that device. Most bossware collects, more or less, everything that the user does. We looked at marketing materials, demos, and customer reviews to get a sense of how these tools work. There are too many individual types of monitoring to list here, but we’ll try to break down the ways these products can surveil into general categories.

The broadest and most common type of surveillance is “activity monitoring.” This typically includes a log of which applications and websites workers use. It may include who they email or message—including subject lines and other metadata—and any posts they make on social media. Most bossware also records levels of input from the keyboard and mouse—for example, many tools give a minute-by-minute breakdown of how much a user types and clicks, using that as a proxy for productivity. Productivity monitoring software will attempt to assemble all of this data into simple charts or graphs that give managers a high-level view of what workers are doing.

Every product we looked at has the ability to take frequent screenshots of each worker’s device, and some provide direct, live video feeds of their screens. This raw image data is often arrayed in a timeline, so bosses can go back through a worker’s day and see what they were doing at any given point. Several products also act as a keylogger, recording every keystroke a worker makes, including unsent emails and private passwords. A couple even let administrators jump in and take over remote control of a user’s desktop. These products usually don’t distinguish between work-related activity and personal account credentials, bank data, or medical information.

InterGuard advertises that its software “can be silently and remotely installed, so you can conduct covert investigations [of your workers] and bullet-proof evidence gathering without alarming the suspected wrongdoer.”

Some bossware goes even further, reaching into the physical world around a worker’s device. Companies that offer software for mobile devices nearly always include location tracking using GPS data. At least two services—StaffCop Enterprise and CleverControl—let employers secretly activate webcams and microphones on worker devices. 

There are, broadly, two ways bossware can be deployed: as an app that’s visible to (and maybe even controllable by) the worker, or as a secret background process that workers can’t see. Most companies we looked at give employers the option to install their software either way. 

Visible monitoring

Sometimes, workers can see the software that is surveilling them. They may have the option to turn the surveillance on or off, often framed as “clocking in” and “clocking out.” Of course, the fact that a worker has turned off monitoring will be visible to their employer. For example, with Time Doctor, workers may be given the option to delete particular screenshots from their work session. However, deleting a screenshot will also delete the associated work time, so workers only get credit for the time during which they are monitored. 

Workers may be given access to some, or all, of the information that’s collected about them. Crossover, the company behind WorkSmart, compares its product to a fitness tracker for computer work. Its interface allows workers to see the system’s conclusions about their own activity presented in an array of graphs and charts.

Different bossware companies offer different levels of transparency to workers. Some give workers access to all, or most, of the information that their managers have. Others, like Teramind, indicate that they are turned on and collecting data, but don’t reveal everything they’re collecting. In either case, it can often be unclear to the user what data, exactly, is being collected, without specific requests to their employer or careful scrutiny of the software itself.

Invisible monitoring

The majority of companies that build visible monitoring software also make products that try to hide themselves from the people they’re monitoring. Teramind, Time Doctor, StaffCop, and others make bossware that’s designed to be as difficult to detect and remove as possible. At a technical level, these products are indistinguishable from stalkerware. In fact, some companies require employers to specifically configure antivirus software before installing their products, so that the worker’s antivirus won’t detect and block the monitoring software’s activity.

A screenshot from TimeDoctor’s sign-up flow, which allows employers to choose between visible and invisible monitoring.

This kind of software is marketed for a specific purpose: monitoring workers. However, most of these products are really just general purpose monitoring tools. StaffCop offers a version of their product specifically designed for monitoring children’s use of the Internet at home, and ActivTrak states that their software can also be used by parents or school officials to monitor kids’ activity. Customer reviews for some of the software indicate that many customers do indeed use these tools outside of the office.

Most companies that offer invisible monitoring recommend that it only be used for devices that the employer owns. However, many also offer features like remote and “silent” installation that can load monitoring software on worker computers, without their knowledge, while their devices are outside the office. This works because many employers have administrative privileges on computers they distribute. But for some workers, the company laptop they use is their only computer, so company monitoring is ever-present. There is great potential for misuse of this software by employers, school officials, and intimate partners. And the victims may never know that they are subject to such monitoring.

The table below shows the monitoring and control features available from a small sample of bossware vendors. This isn’t a comprehensive list, and may not be representative of the industry as a whole; we looked at companies that were referred to in industry guides and search results that had informative publicly-facing marketing materials. 

Table: Common surveillance features of bossware products

	Activity monitoring (apps, websites)	Screenshots or screen recordings	Keylogging	Webcam/ microphone activation	Can be made "invisible"
ActivTrak	confirmed	confirmed			confirmed
CleverControl	confirmed	confirmed	confirmed	confirmed (1, 2)	confirmed
DeskTime	confirmed	confirmed			confirmed
Hubstaff	confirmed	confirmed
Interguard	confirmed	confirmed	confirmed		confirmed
StaffCop	confirmed	confirmed	confirmed	confirmed  (1, 2)	confirmed
Teramind	confirmed	confirmed	confirmed		confirmed
TimeDoctor	confirmed	confirmed			confirmed
Work Examiner	confirmed	confirmed	confirmed		confirmed
WorkPuls	confirmed	confirmed			confirmed

Features of several worker-monitoring products, based on the companies’ marketing material. 9 of the 10 companies we looked at offered “silent” or “invisible” monitoring software, which can collect data without worker knowledge.

How common is bossware?

The worker surveillance business is not new, and it was already quite large before the outbreak of a global pandemic. While it’s difficult to assess how common bossware is, it’s undoubtedly become much more common as workers are forced to work from home due to COVID-19. Awareness Technologies, which owns InterGuard, claimed to have grown its customer base by over 300% in just the first few weeks after the outbreak. Many of the vendors we looked at exploit COVID-19 in their marketing pitches to companies.

Some of the biggest companies in the world use bossware. Hubstaff customers include Instacart, Groupon, and Ring. Time Doctor claims 83,000 users; its customers include Allstate, Ericsson, Verizon, and Re/Max. ActivTrak is used by more than 6,500 organizations, including Arizona State University, Emory University, and the cities of Denver and Malibu. Companies like StaffCop and Teramind do not disclose information about their customers, but claim to serve clients in industries like health care, banking, fashion, manufacturing, and call centers. Customer reviews of monitoring software give more examples of how these tools are used. 

Let’s be clear: this software is specifically designed to help employers read workers’ private messages without their knowledge or consent. By any measure, this is unnecessary and unethical.

We don’t know how many of these organizations choose to use invisible monitoring, since the employers themselves don’t tend to advertise it. In addition, there isn’t a reliable way for workers themselves to know, since so much invisible software is explicitly designed to evade detection. Some workers have contracts that authorize certain kinds of monitoring or prevent others. But for many workers, it may be impossible to tell whether they’re being watched. Workers who are concerned about the possibility of monitoring may be safest to assume that any employer-provided device is tracking them.

What is the data used for?

Bossware vendors market their products for a wide variety of uses. Some of the most common are time tracking, productivity tracking, compliance with data protection laws, and IP theft prevention. Some use cases may be valid: for example, companies that deal with sensitive data often have legal obligations to make sure data isn’t leaked or stolen from company computers. For off-site workers, this may necessitate a certain level of on-device monitoring. But an employer should not undertake any monitoring for such security purposes unless they can show it is necessary, proportionate, and specific to the problems it’s trying to solve.

Unfortunately, many use cases involve employers wielding excessive power over workers. Perhaps the largest class of products we looked at are designed for “productivity monitoring” or enhanced time tracking—that is, recording everything that workers do to make sure they’re working hard enough. Some companies frame their tools as potential boons for both managers and workers. Collecting information about every second of a worker’s day isn’t just good for bosses, they claim—it supposedly helps the worker, too. Other vendors, like Work Examiner and StaffCop, market themselves directly to managers who don’t trust their staff. These companies often recommend tying layoffs or bonuses to performance metrics derived from their products.

Marketing material from Work Examiner’s home page, https://ift.tt/2zvZ2oX

Some firms also market their products as punitive tools, or as ways to gather evidence for potential worker lawsuits. InterGuard advertises that its software “can be silently and remotely installed, so you can conduct covert investigations [of your workers] and bullet-proof evidence gathering without alarming the suspected wrongdoer.” This evidence, it continues, can be used to fight “wrongful termination suits.” In other words, InterGuard can provide employers with an astronomical amount of private, secretly-gathered information to try to quash workers’ legal recourse against unfair treatment.

None of these use cases, even the less-disturbing ones discussed above, warrant the amount of information that bossware usually collects. And nothing justifies hiding the fact that the surveillance is happening at all.

Most products take periodic screenshots, and few of them allow workers to choose which ones to share. This means that sensitive medical, banking, or other personal information are captured alongside screenshots of work emails and social media. Products that include keyloggers are even more invasive, and often end up capturing passwords to workers’ personal accounts. 

Work Examiner’s description of its Keylogging feature, specifically highlighting its ability to capture private passwords.

Unfortunately, excessive information collection often isn’t an accident, it’s a feature. Work Examiner specifically advertises its product’s ability to capture private passwords. Another company, Teramind, reports on every piece of information typed into an email client—even if that information is subsequently deleted. Several products also parse out strings of text from private messages on social media so that employers can know the most intimate details of workers’ personal conversations. 

Let’s be clear: this software is specifically designed to help employers read workers’ private messages without their knowledge or consent. By any measure, this is unnecessary and unethical.

What can you do?

Under current U.S. law, employers have too much leeway to install surveillance software on devices they own. In addition, little prevents them from coercing workers to install software on their own devices (as long as the surveillance can be disabled outside of work hours). Different states have different rules about what employers can and can’t do. But workers often have limited legal recourse against intrusive monitoring software. 

That can and must change. As state and national legislatures continue to adopt consumer data privacy laws, they must also establish protections for workers with respect to their employers. To start:

• Surveillance of workers—even on employer-owned devices—should be necessary and proportionate. 
• Tools should minimize the information they collect, and avoid vacuuming up personal data like private messages and passwords. 
• Workers should have the right to know what exactly their managers are collecting. 
• And workers need a private right of action, so they can sue employers that violate these statutory privacy protections.

In the meantime, workers who know they are subject to surveillance— and feel comfortable doing so—should engage in conversations with their employers. Companies that have adopted bossware must consider what their goals are, and should try to accomplish them in less-intrusive ways. Bossware often incentivizes the wrong kinds of productivity—for example, forcing people to jiggle their mouse and type every few minutes instead of reading or pausing to think. Constant monitoring can stifle creativity, diminish trust, and contribute to burnout. If employers are concerned about data security, they should consider tools that are specifically tailored to real threats, and which minimize the personal data caught up in the process.

Many workers won’t feel comfortable speaking up, or may suspect that their employers are monitoring them in secret. If they are unaware of the scope of monitoring, they should consider that work devices may collect everything—from web history to private messages to passwords. If possible, they should avoid using work devices for anything personal. And if workers are asked to install monitoring software on their personal devices, they may be able to ask their employers for a separate, work-specific device from which private information can be more easily siloed away.

Finally, workers may not feel comfortable speaking up about being surveilled out of concern for staying employed in a time with record unemployment. A choice between invasive and excessive monitoring and joblessness is not really a choice at all.

COVID-19 has put new stresses on us all, and it is likely to fundamentally change the ways we work as well. However, we must not let it usher in a new era of even-more-pervasive monitoring. We live more of our lives through our devices than ever before. That makes it more important than ever that we have a right to keep our digital lives private—from governments, tech companies, and our employers.

Published July 01, 2020 at 12:38AM
Read more on eff.org

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'Donnarumma is the world's best goalkeeper' - Maldini wants to keep AC Milan star

The technical director heaped praise on the shot-stopper prior to Sunday's 2-0 Serie A victory over Roma at San Siro

from Football News, Live Scores, Results & Transfers | Goal.com https://ift.tt/3eJehw6

Hebei: China locks down 400,000 people after virus spike near Beijing

It's a small spike in Hebei near Beijing - but enough for officials to reinstate a strict lockdown.

from BBC News - World https://ift.tt/3gb1oLR

14 Filipinos missing from fishing boat after collision at sea

Hong Kong-flagged cargo vessel bound for Australia collided with FV Liberty 5 off the western coast of the Philippines.

from Al Jazeera English https://ift.tt/3eGk6KM

'It makes us excited' - Xavi admits preparing to coach Barcelona

While outlining his future plans for the Blaugrana, the Spaniard insisted he will not come back unless he has the control to make decisions

from Football News, Live Scores, Results & Transfers | Goal.com https://ift.tt/3g8zMH3

Indian Football: Churchill Brothers and Sadat Bukari setlle salary issue amicably

The Goan outfit has been able to find a settlement with Ghanaian forward...

from Football News, Live Scores, Results & Transfers | Goal.com https://ift.tt/2YFj4Jl

More than 500,000 dead from coronavirus: Live updates

The US has most recorded deaths, with new cases surging and growing concern the outbreak could spiral out of control.

from Al Jazeera English https://ift.tt/2BmvInI

UK's Johnson eyes school-building boom after coronavirus slump

Rebuilding programme will start in this year with first 50 projects to be supported by additional $1.23bn budget.

from Al Jazeera English https://ift.tt/3g2kHqk

Benzema's backheel assist is one of the plays of this season - Zidane

The French tactician praised the moment of magic from his countryman in Los Blancos' crucial victory

from Football News, Live Scores, Results & Transfers | Goal.com https://ift.tt/387LhM2

Daka, Adeyemi, Ashimeru win Austrian Bundesliga league title with Salzburg

Die Mozartstadter’s 14th league title was confirmed on Sunday after defeating Hartberg despite Rapid Wien’s away triumph

from Football News, Live Scores, Results & Transfers | Goal.com https://ift.tt/2Vu647o

Mississippi votes to remove Confederate emblem from state flag

The state is the last in the US with a flag that has the controversial Confederate battle emblem as part of its design.

from Al Jazeera English https://ift.tt/3g6FPf9

How the world celebrated 50 years of Pride - despite the pandemic

Most LGBT Pride events were cancelled or moved online because of coronavirus, but not all.

from BBC News - World https://ift.tt/3gbHMap

Picture of the day for June 29, 2020

Glanville fritillary (Melitaea cinxia) covered with water drops, in Wittenberge-Rühstädter Elbniederung nature reserve, Germany. Learn more.

Bayern has a 'good chance' of winning the treble, claims former president Hoeness

The German champions have two competitions remaining that their former chief believes they can both win

from Football News, Live Scores, Results & Transfers | Goal.com https://ift.tt/3eI1Qkk

18 MLS players test positive for coronavirus in run up to return tournament

The league also confirmed that two players have tested positive since arriving in Orlando

from Football News, Live Scores, Results & Transfers | Goal.com https://ift.tt/3eIPw34

Moses inspires Inter Milan past Gervinho’s Parma

Thanks to the Nigerian’s assist, the Black and Blues bounced back from a goal deficit to silence the Crusaders on Sunday evening

from Football News, Live Scores, Results & Transfers | Goal.com https://ift.tt/2Acdk0t

FA Cup 2019-20: Draw, fixtures, results & guide to each round

Goal brings you everything you need to know about the latest edition of the oldest football competition in the world

from Football News, Live Scores, Results & Transfers | Goal.com https://ift.tt/2LuSrQH

Championship play-offs 2020: Fixtures, dates & teams in the race to the Premier League

England's second tier contains some of the country's best supported clubs and they will be pushing for a place in the top division this June and July

from Football News, Live Scores, Results & Transfers | Goal.com https://ift.tt/2QGm7f7

'Klopp has knocked Man United off their perch!' - Liverpool 'five years ahead' of arch rivals, says Hamann

A former Reds favourite thinks that Anfield is now a more attractive prospect to top players than Old Trafford

from Football News, Live Scores, Results & Transfers | Goal.com https://ift.tt/2CLjup7

Poland begins voting in presidential election delayed by pandemic

Incumbent President Andrzej Duda is running for re-election that could weaken the country's right-wing government.

from Al Jazeera English https://ift.tt/3i5hmsJ

Eymael: Shikalo was at fault for Yanga SC goals and ‘I have to make a choice again’

The Belgian coach blames the Kenyan custodian for the goals they conceded in a tense league match played on Saturday

from Football News, Live Scores, Results & Transfers | Goal.com https://ift.tt/2B9dx5b

Is Bensebaini a perfect Chilwell alternative for Chelsea?

Frank Lampard’s side are chasing the Leicester City left-back but could they look to the Borussia Monchengladbach man if the Foxes don’t budge?

from Football News, Live Scores, Results & Transfers | Goal.com https://ift.tt/2CFmXFF

Vandenbroeck: Simba SC ready to seal crown against Tanzania Prisons

The Belgian tactician reveals they will not look at how their rivals played since they must complete the job they already started

from Football News, Live Scores, Results & Transfers | Goal.com https://ift.tt/3dE58nh

Football on TV this week: Matches to watch & live stream in UK today, tomorrow & this weekend

Goal brings you all the matches that are being shown live on television so you can plan your next few days of viewing pleasure

from Football News, Live Scores, Results & Transfers | Goal.com https://ift.tt/2PgOEJs

Black Lives Matter protest turns deadly in US state of Kentucky

Shots were fired during anti-racism protest demanding prosecution of officers who shot dead a woman inside her own home.

from Al Jazeera English https://ift.tt/2BOELO5

Bridesmaids star Rose Byrne on her double helping of political movies

Rose Byrne plays a political shark and a feminist icon in two new productions about to hit the small screen.

from BBC News - World https://ift.tt/2ZiSOng

Flick ignoring talk about Bayern star Thiago's departure amid Liverpool rumours

The Spaniard is linked with a move to Anfield, but the Bavarian coach is not thinking about the midfielder leaving

from Football News, Live Scores, Results & Transfers | Goal.com https://ift.tt/2NyfI4N

Biden slams Trump over reported bounties placed on US troops

Democratic presidential candidate and former vice president says if elected president he will confront Russia's Putin.

from Al Jazeera English https://ift.tt/3dEpyN3

Cavin Lobo: From Palolem beach to the Kolkata maidan once again

He is the only active Goan footballer to have spent as many as eight seasons in Kolkata...

from Football News, Live Scores, Results & Transfers | Goal.com https://ift.tt/3ibSHCu

Setien defends benching of Barcelona star Griezmann

The French star's price tag is of no concern to the manager who excluded the forward from the starting XI

from Football News, Live Scores, Results & Transfers | Goal.com https://ift.tt/2ZfpspY

Josep Gombau feels ISL should be a longer league with better refereeing

The coach also pointed out key differences between Australian and Indian football structure...

from Football News, Live Scores, Results & Transfers | Goal.com https://ift.tt/3i7p8lN

Man City will give Liverpool deserved guard of honour - Guardiola

The Reds will be welcomed on to the pitch by their title rivals to celebrate their championship victory

from Football News, Live Scores, Results & Transfers | Goal.com https://ift.tt/2BIQApa

Coronavirus: How Delhi 'wasted' lockdown to become India's biggest hotspot

India's capital now has the country's highest number of confirmed coronavirus cases.

from BBC News - World https://ift.tt/3eGDJCC

Egypt court jails belly dancer for 'debauchery' over TikTok post

High-profile Egyptian dancer, Sama el-Masry, says contents of her mobile phone were stolen and shared without consent.

from Al Jazeera English https://ift.tt/38iRANb

Restarting Indian football? What are the testing and training protocols in Europe?

With football yet to restart in India, we take a look at what protocols were implemented by European leagues before the game resumed...

from Football News, Live Scores, Results & Transfers | Goal.com https://ift.tt/2A9tyY6

Rolling Stones warn Trump not to use their songs - or face legal action

The president's campaign could face legal action if it ignores "cease and desist directives".

from BBC News - World https://ift.tt/31oZeEg

Global coronavirus death toll nears 500,000: Live updates

Brazil to produce 30.4 million doses of vaccine by January while Italy reports lowest day-to-day deaths since March 1.

from Al Jazeera English https://ift.tt/2ZdzNTn

Malawi presidential election: Lazarus Chakwera declared winner

Opposition alliance leader defeats incumbent Peter Mutharika to win presidency in landmark vote rerun.

from Al Jazeera English https://ift.tt/2VpksOx

Picture of the day for June 28, 2020

Panoramic view of Reykjavik and the Atlantic Ocean during sunset seen from the Shore Walk, Capital Region, Iceland. The city concentrates, with 123,300 inhabitants, 35% of the country population and was founded in around AD 870 by Norwegian settlers.. Learn more.

KPL Transfers: KCB set eyes on Gor Mahia duo Omondi, Momanyi

The Bankers are building a strong team to compete for the 2020/21 Kenyan Premier League title

from Football News, Live Scores, Results & Transfers | Goal.com https://ift.tt/31ybLp1

The talent at AFC Leopards is incredible - Munene

The left-back made the claim during an online TV interview with the club's media team

from Football News, Live Scores, Results & Transfers | Goal.com https://ift.tt/3dHwOrf

Malaysian clubs that could do a Liverpool in the coming years

from Football News, Live Scores, Results & Transfers | Goal.com https://ift.tt/2Vpy5Nt

Poles in UK fear Brexit and Covid may end 'British Dream' hopes

Should I stay or should I go is the top question for many Polish people in the UK, says one charity.

from BBC News - World https://ift.tt/31kihzj

Salary dispute: Mohun Bagan and Sukhdev Singh yet to reach a consensus

The player wants 85 per cent of his salary whereas Mohun Bagan are willing to pay only close to 70 per cent...

from Football News, Live Scores, Results & Transfers | Goal.com https://ift.tt/2NAYRyi

Indian Super League: ATK make a statement with Roy Krishna extension

ATK managed to retain the core of the team that won the 2019-20 Indian Super League (ISL)....

from Football News, Live Scores, Results & Transfers | Goal.com https://ift.tt/2Zc5mwF

Improving Ronaldo needs to play a lot for Juventus - Sarri

The Portuguese attacker was in fine form on Friday with his manager adamant he will keep getting better with more games

from Football News, Live Scores, Results & Transfers | Goal.com https://ift.tt/2CDTEDo

Simpsons ends use of white actors to voice people of colour

The decision by the US comedy show follows years of criticism over a white actor playing an Indian.

from BBC News - World https://ift.tt/2Z80lW0

Judge: US must free migrant children from family detention

Citing spread of coronavirus in immigration jails, judge orders release of children held with their parents by July 17.

from Al Jazeera English https://ift.tt/2VlPiHN

Ethiopia agrees to delay filling Nile mega-dam, say Egypt, Sudan

Leaders of Sudan, Ethiopia and Egypt agree Addis Ababa will not start filling its Nile dam before reaching an accord.

from Al Jazeera English https://ift.tt/3i6JXxO

Mohun Bagan quiz: Test your knowledge with our 'Sharp Minds' challenge

How much do you know about the Mariners? Test your knowledge of the game with Goal's 'Sharp Minds' challenge...

from Football News, Live Scores, Results & Transfers | Goal.com https://ift.tt/2Z82HUQ

England to start 2020 Nations League away to Iceland as UEFA confirms new schedule

The competition has been forced to shift dates in the wake of the coronavirus pandemic

from Football News, Live Scores, Results & Transfers | Goal.com https://ift.tt/3dDe6RF

Coronavirus: DR Congo players launch Leopards Foundation to help compatriots

The national team players have come together to create a platform that will help less privileged Congolese during these trying times

from Football News, Live Scores, Results & Transfers | Goal.com https://ift.tt/3i6UJUz

Haaland picks his best goal as he savours Sancho link-up

The young Norwegian star has had a season to remember and is enjoying playing alongside another promising talent

from Football News, Live Scores, Results & Transfers | Goal.com https://ift.tt/2NAvkoo

FOX NEWS: Social media alternative Parler doesn’t censor, fact-check posts, CEO says

Social media alternative Parler doesn’t censor, fact-check posts, CEO says



Parler CEO John Matze said Parler is important for conservatives during an election year, where they can post freely without being censored.

via FOX NEWS https://ift.tt/31mNXUD

Trump orders statues be protected from 'mob rule'

"Anarchists" who damage US monuments should face up to a decade in prison, the president says.

from BBC News - World https://ift.tt/2BFqL9E

EU to bar travellers from US, Brazil: Coronavirus live updates

Diplomats say EU plans to bar travellers from US, Brazil and Russia when it reopens borders to outsiders on July 1.

from Al Jazeera English https://ift.tt/2B5agUr

Klopp's bold Liverpool promise after title win

The German coach has stressed his side won't stop evolving but stopped short of guaranteeing more silverware

from Football News, Live Scores, Results & Transfers | Goal.com https://ift.tt/3i0K7qp

US imposes visa restrictions on Chinese officials over Hong Kong security law

The sanctions aim to punish Beijing over a planned security law that could erode Hong Kong's autonomy.

from BBC News - World https://ift.tt/3i3LynP

Picture of the day for June 27, 2020

Adult purple heron (Ardea purpurea) capturing a zander (Sander lucioperca) fry.. Learn more.

Liverpool were better but Man City can still have an unbelievable season - De Bruyne

The Belgium midfielder has put Premier League disappointment behind him to focus on the FA Cup and Champions League

from Football News, Live Scores, Results & Transfers | Goal.com https://ift.tt/3eCyPGP

Sarri not worried about Pjanic's Juventus future

The Italian manager is uncertain where the midfielder will be playing next season but stressed his only focus is on the current campaign

from Football News, Live Scores, Results & Transfers | Goal.com https://ift.tt/3i5IcRl

Henderson one of Liverpool's greatest ever captains - Dalglish

The Reds legend says the 30-year-old has earned his place in club history after their latest success

from Football News, Live Scores, Results & Transfers | Goal.com https://ift.tt/31kTQ4T

FOX NEWS: The Pentagon has plans to destroy hypersonic weapons attacks

The Pentagon has plans to destroy hypersonic weapons attacks



The Pentagon is looking to Space War as an emerging method to counter seemingly unstoppable hypersonic weapons attacks, with early prototyping of satellite sensors and other tracking technology to more quickly find and “take out” weapons traveling more than five times the speed of sound. 

via FOX NEWS https://ift.tt/3eAAZ9M

FOX NEWS: Lasers, AI and drones likely to inform Navy concept for new 2030 destroyer

Lasers, AI and drones likely to inform Navy concept for new 2030 destroyer



Maybe it will take out missiles beyond the earth’s atmosphere, incinerate targets well beyond the horizon with high-powered laser weapons and instantly stop a multi-faceted series of incoming attacks all at the same time? Perhaps it will use AI-empowered algorithms to launch a large fleet of networked surface, air and undersea drones, able to launch coordinated attacks at long ranges?

via FOX NEWS https://ift.tt/3dATPfD

FOX NEWS: Apps designed to track COVID-19 might be full of ransomware, report says

Apps designed to track COVID-19 might be full of ransomware, report says



New ransomware has popped up that may signal more malicious COVID-19 apps are coming. 

via FOX NEWS https://ift.tt/3etihRn

FOX NEWS: Amazon launches Counterfeit Crimes Unit to work with police in fight against fraudsters

Amazon launches Counterfeit Crimes Unit to work with police in fight against fraudsters



Amazon is launching a new unit to crack down on counterfeit goods, the company announced Wednesday.

via FOX NEWS https://ift.tt/2CxRTYo

FOX NEWS: Boston bans police from using facial recognition technology

Boston bans police from using facial recognition technology



Boston has banned police from using facial recognition technology, becoming the second-largest U.S. community to do so.

via FOX NEWS https://ift.tt/3evELRT

FOX NEWS: ACLU files complaint over facial recognition arrest

ACLU files complaint over facial recognition arrest



The ACLU has filed a formal complaint against Detroit police over what it claims is a wrongful arrest resulting from facial recognition technology.

via FOX NEWS https://ift.tt/2CB7NkN

FOX NEWS: Air Force arms cargo planes for future attack

Air Force arms cargo planes for future attack



The U.S. Air Force is arming its cargo planes with bombs for attack missions in a clear move to expand the offensive warfare envelope for its fleet of tactical supply and transport aircraft, bringing a significant ability to drop weapons from austere, low-altitude, hard-to-reach areas. 

via FOX NEWS https://ift.tt/37VhmXw

FOX NEWS: Twitter puts warning on Trump tweet for 'threat to harm' DC protesters

Twitter puts warning on Trump tweet for 'threat to harm' DC protesters



Reaction from Fox News contributors Gianno Caldwell and Leslie Marshall.

via FOX NEWS https://ift.tt/3fV7UGq

FOX NEWS: Pentagon 2020 space strategy calls for new weapons

Pentagon 2020 space strategy calls for new weapons



To say the Pentagon is massively emphasizing space war would be an understatement. This focus has clearly emerged from its newly released 2020 Defense Space Strategy Summary.

via FOX NEWS https://ift.tt/2Ys26hz

FOX NEWS: Over 1,600 Google employees call on company to stop selling products to police departments

Over 1,600 Google employees call on company to stop selling products to police departments



Reaction from The Federalist senior editor Chris Bedford.

via FOX NEWS https://ift.tt/3hYAW9K

Taiwan finds diplomatic sweet spot in bubble tea

The sweet drink with its chewy tapioca pearls has become synonymous with Taiwan as its global popularity has grown.

from Al Jazeera English https://ift.tt/3ezog7n

Che Guevara's birthplace put up for sale

The flat where the revolutionary icon tired out his first steps is in Argentina's city of Rosario.

from BBC News - World https://ift.tt/31ip24Q

Hong Kong people opposed to national security law: Reuters survey

Latest poll shows majority of people in the territory do not support the legislation that Beijing is imposing.

from Al Jazeera English https://ift.tt/3865uCa

Salah thanks Liverpool's fans after Premier League title win

The Reds' Egyptian star was quick to pay tribute to the club's supporters after his side secured more silverware

from Football News, Live Scores, Results & Transfers | Goal.com https://ift.tt/3dBzmYb

Coronavirus deaths in children 'extremely rare': Live updates

Europe-wide study shows fewer than one in a 100 children who tested positive for COVID-19 end up dying.

from Al Jazeera English https://ift.tt/3i4YLgk

Fox News Breaking News Alert

Fox News Breaking News Alert

PROGRAMMING ALERT: Sean Hannity's town hall with President Trump, 9 pm ET on Fox News

06/25/20 5:51 PM

LaLiga trains women's football coaches in Nigeria

In partnership with the Nigerian Women Football League several coaches were selected for the Spanish topflight’s women’s football coaching methodology

from Football News, Live Scores, Results & Transfers | Goal.com https://ift.tt/3808PlY

Femi Akinwande joins National League side Stevenage FC

As they prepare for life in English football’s fifth tier next season, the Boro have added the Anglo-Nigerian forward to their squad

from Football News, Live Scores, Results & Transfers | Goal.com https://ift.tt/3eBGCnZ

Niasse: Everton confirm release of Senegal forward

The Senegal international’s contract with the Toffees will not be renewed when it expires at the end of this month

from Football News, Live Scores, Results & Transfers | Goal.com https://ift.tt/2CAktbA

Picture of the day for June 26, 2020

Blooming apple tree. Ukraine. Learn more.

Gerrard salutes 'fantastic' Liverpool on Premier League title

The former Reds captain lauded Jurgen Klopp's squad after their recent domestic success

from Football News, Live Scores, Results & Transfers | Goal.com https://ift.tt/2BD1xIQ

Oboabona shines as Kakheti Telavi hold Dinamo Batumi

The Super Eagles defender put in a good shift on Thursday evening, nevertheless, his team failed to secure maximum points at stake

from Football News, Live Scores, Results & Transfers | Goal.com https://ift.tt/2BCeSBl

Van Dijk: Liverpool have taken it to another level

The Dutch defender believes his side have been incredible this season and were worthy title winners

from Football News, Live Scores, Results & Transfers | Goal.com https://ift.tt/2Yzo6ah

FOX NEWS: Amazon launches Counterfeit Crimes Unit to work with police in fight against fraudsters

Amazon launches Counterfeit Crimes Unit to work with police in fight against fraudsters



Amazon is launching a new unit to crack down on counterfeit goods, the company announced Wednesday.

via FOX NEWS https://ift.tt/2CxRTYo

FOX NEWS: Boston bans police from using facial recognition technology

Boston bans police from using facial recognition technology



Boston has banned police from using facial recognition technology, becoming the second-largest U.S. community to do so.

via FOX NEWS https://ift.tt/3evELRT

FOX NEWS: ACLU files complaint over facial recognition arrest

ACLU files complaint over facial recognition arrest



The ACLU has filed a formal complaint against Detroit police over what it claims is a wrongful arrest resulting from facial recognition technology.

via FOX NEWS https://ift.tt/2CB7NkN

FOX NEWS: Air Force arms cargo planes for future attack

Air Force arms cargo planes for future attack



The U.S. Air Force is arming its cargo planes with bombs for attack missions in a clear move to expand the offensive warfare envelope for its fleet of tactical supply and transport aircraft, bringing a significant ability to drop weapons from austere, low-altitude, hard-to-reach areas. 

via FOX NEWS https://ift.tt/37VhmXw

FOX NEWS: Twitter puts warning on Trump tweet for 'threat to harm' DC protesters

Twitter puts warning on Trump tweet for 'threat to harm' DC protesters



Reaction from Fox News contributors Gianno Caldwell and Leslie Marshall.

via FOX NEWS https://ift.tt/3fV7UGq

FOX NEWS: Pentagon 2020 space strategy calls for new weapons

Pentagon 2020 space strategy calls for new weapons



To say the Pentagon is massively emphasizing space war would be an understatement. This focus has clearly emerged from its newly released 2020 Defense Space Strategy Summary.

via FOX NEWS https://ift.tt/2Ys26hz

FOX NEWS: Over 1,600 Google employees call on company to stop selling products to police departments

Over 1,600 Google employees call on company to stop selling products to police departments



Reaction from The Federalist senior editor Chris Bedford.

via FOX NEWS https://ift.tt/3hYAW9K

FOX NEWS: Are coronavirus tracking apps ready to handle the US reopening?

Are coronavirus tracking apps ready to handle the US reopening?



Kurt 'The Cyber Guy' Knutsson explains why the tracking apps aren't ready.

via FOX NEWS https://ift.tt/3dnFByE

FOX NEWS: Lawmakers seek $6 billion to add weapons to deter China in the Pacific

Lawmakers seek $6 billion to add weapons to deter China in the Pacific



What kind of impact would land-based air defenses, increased ISR (Intelligence Surveillance Reconnaissance) operations and more bomber patrols have upon U.S. deterrence efforts in the Pacific Theater? Is this question taking on additional relevance and urgency in light of Chinese maneuvers near Taiwan and the South China Sea? 

via FOX NEWS https://ift.tt/2NB9Ckd

FOX NEWS: More than 1,600 Google employees call on company to end all police contracts, kick cops off of Gmail

More than 1,600 Google employees call on company to end all police contracts, kick cops off of Gmail



As protests against police brutality and systemic racism continue across the country, Google employees are demanding that their company overhaul its relationship with law enforcement.

via FOX NEWS https://ift.tt/2B4b1wH

Assassinations, nuclear tests, hugs: 70 years of the Korean War

The Korean War began in 1950 and never officially ended. Here's a timeline of key events during 70 years of conflict.

from Al Jazeera English https://ift.tt/2NscCiD

Australia sends troops to tackle coronavirus surge: Live updates

Military says 1,000 soldiers will go to Melbourne where suburban testing blitz is under way to stamp out virus hotspots.

from Al Jazeera English https://ift.tt/3hYXY0j

'Sergio belongs here' - Zidane wants Ramos to retire at Real Madrid

The Los Blancos boss feels there is nowhere better for the club veteran to end his career

from Football News, Live Scores, Results & Transfers | Goal.com https://ift.tt/3ewbeqZ

Salah: It's Liverpool's time to win the Premier League

The Reds star is delighted to be so close to achieving domestic success after coming up short last season

from Football News, Live Scores, Results & Transfers | Goal.com https://ift.tt/2zZ9BmG

Zidane: Ramos has been looking to score a free-kick

The veteran defender scored a brilliant second goal for Los Blancos as they secured a routine win

from Football News, Live Scores, Results & Transfers | Goal.com https://ift.tt/2ZaQZIY

Vinicius savours chance to play with Hazard at Real Madrid

The Brazilian found his first competitive minutes playing alongside the Belgian star "easy"

from Football News, Live Scores, Results & Transfers | Goal.com https://ift.tt/2NvECSg

‘Everyone is motivated to win the league’ – Salah revels in Liverpool victory over Crystal Palace

The Egyptian forward reflected on the Reds’ conquering English topflight outing against the Eagles on Wednesday

from Football News, Live Scores, Results & Transfers | Goal.com https://ift.tt/2ByLVWO

Jessi Combs: US racing driver given female speed record in 2019 fatal crash

Jessi Combs is awarded the fastest land-speed record by a female, a feat she died trying to achieve.

from BBC News - World https://ift.tt/2Nr2oPv

North Korea tests limits of diplomacy amid sanctions squeeze

The two Koreas remain trapped in cycle of engagement and isolation, 70 years after war that has technically never ended.

from Al Jazeera English https://ift.tt/2Vffm7m

Picture of the day for June 25, 2020

Sun and Moon Pagodas and reflections in Shanhu Lake, Guilin, China.. Learn more.

'Pep should play poker!' - Klopp doubts Man City will rest key players against Chelsea

The Reds boss was quick to poke fun at claims their only title rival was set to take their foot off the gas

from Football News, Live Scores, Results & Transfers | Goal.com https://ift.tt/3ew0wRj

EFF: The Senate’s New Anti-Encryption Bill Is Even Worse Than EARN IT, and That’s Saying Something

The Senate’s New Anti-Encryption Bill Is Even Worse Than EARN IT, and That’s Saying Something

Right now, we rely on secure technologies like never before—to cope with the pandemic, to organize and march in the streets, and much more. Yet, now is the moment some members of the Senate Judiciary and Intelligence Committees have chosen to try to effectively outlaw encryption in those very technologies.

The new Lawful Access to Encrypted Data Act—introduced this week by Senators Graham, Blackburn, and Cotton—ignores expert consensus and public opinion, which is unfortunately par for the course. But the bill is actually even more out of touch with reality than many other recent anti-encryption bills. Since January, we’ve been fighting the EARN IT Act, a dangerous anti-speech and anti-security bill that would hand a government commission, led by the Attorney General, the power to determine “best practices” online. It’s easy to see how that bill would enable an attack on service providers who provide encrypted communications, because the commission would be headed by Attorney General William Barr, who’s made his opposition to encrypted communications crystal clear. The best that EARN IT’s sponsors can muster in defense is that the bill itself doesn’t use the word “encryption”—asking us to trust that the commission won’t touch encryption. 

But if EARN IT attempts to avoid acknowledging the elephant in the room, the Lawful Access to Encrypted Data Act puts it at the center of a three-ring circus. The new bill doesn’t bother with commissions or best practices. Instead, it would give the Justice Department the ability to require that manufacturers of encrypted devices and operating systems, communications providers, and many others must have the ability to decrypt data upon request. In other words, a backdoor. 

The bill is sweeping in scope. It gives the government the ability to demand these backdoors in connection with a wide range of surveillance orders in criminal and national security cases, including Section 215 of the Patriot Act, a surveillance law so controversial that Congress can’t agree whether it should be reauthorized.

Worse yet, the bill requires companies to figure out for themselves how to comply with a decryption directive. Their only grounds to resist is to show it would be “technically impossible.” While that might seem like a concession to the long-standing expert consensus that technologists simply can’t build a “lawful access” mechanism that only the government can use, the bill’s sponsors are nowhere near that reasonable. As a hearing led by Senator Graham last December demonstrated, many legislators and law enforcement officials believe that even though any backdoor could be exploited by bad actors and put hundreds of millions of ordinary users at risk, that doesn’t mean it’s “technically impossible.” In fact, even if decryption would be “impossible” because the system is designed to be secure against everyone except the user who holds the key —as with full-disk encryption schemes designed by Apple and Google—that’s likely not a defense. Instead, the government can require the system to be redesigned.  

Not only does the bill disregard the security of users, it allows the government to support its need for a backdoor with one-sided secret evidence, any time it feels a public court proceeding would harm national security or “enforcement of criminal law.” As we’ve seen, the government already attempts to stretch the limit of surveillance laws in secret to undermine the security of communications products. This bill would make that the norm.

Finally, the bill makes almost no concession to the massive disruption it would have on how people use technology. Its limitations are almost laughable: any device that has more than a gigabyte of storage and sells more than a million units a year could have to build a government-required backdoor if it is subject to five warrants or other requests, as would any operating system or communication system with more than a million active users. Clearly the bill’s authors are attempting to target iPhones, Android phones, WhatsApp, and other popular technologies, but the bill would also sweep in many specialized operating systems as well as consumer devices like Fitbits, Rokus, and so on. 

It would also establish a sort of X-Prize for “secure backdoors,” rewarding researchers who manage to find “solutions providing law enforcement access to encrypted data pursuant to legal process.” But it is not a lack of resources or proper monetary incentives that has failed to square that particular circle. Instead, it is simply the inability to design a system that reliably allows access by the “good guys” without catastrophically weakening the security of the system. 

These concerns only scratch the surface of what’s wrong with this bill. As with EARN IT, we should take every opportunity to tell members of Congress to leave the secure technology we rely on alone. 

TAKE ACTION

STOP THE ATTACK ON ENCRYPTION

Related Cases: 

EFF, ACLU v. DOJ - Facebook Messenger unsealing

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Published June 25, 2020 at 12:10AM
Read more on eff.org

EFF: Victory! Boston Bans Government Use of Face Surveillance

Victory! Boston Bans Government Use of Face Surveillance

The push to minimize the government’s power to track and spy on people with surveillance technology has picked up steam as the Black-led movement against racism and police brutality continues to push politicians to reconsider the role policing plays in our lives. Thanks to the tireless efforts of activists and organizations in Massachusetts and around the country, including EFF, this week Boston joins the ranks of cities that have banned government use of face surveillance. 

Boston will become the tenth city in the United States to ban government use of face recognition technology. Last year, the state of California passed a three-year moratorium on the use of FRT on police body-worn and hand-held cameras.

The Boston ordinance [PDF] declares: 

Whereas, Governments around the world are responding to the COVID-19 pandemic with an unprecedented use of surveillance tools, including face surveillance technology, despite public health and privacy experts agreeing that public trust is essential to an effective response to the pandemic; and 

Whereas, Facial surveillance technology has been proven to be less accurate for African American and AAPI faces, and racial bias in facial surveillance has the potential to harm communities of color who are already facing increased level of surveillance and harassment; and

Whereas, Several municipalities in Massachusetts, including Springfield, Somerville, Brookline, and Cambridge, have passed local legislation to ban face surveillance… 

Nathan Sheard, EFF’s Associate Director of Community Organizing, testified before the Boston City Council on the hazards of face surveillance. “Face surveillance is profoundly dangerous,” he told the council, “First, in tracking our faces, a unique marker that we cannot change, it invades our privacy. Second, government use of the technology in public places will chill people from engaging in first-amendment protected activities… Third, surveillance technologies have an unfair, disparate impact against people of color, immigrants, and other vulnerable populations.” 

EFF sent a letter [PDF] to the Boston City Council suggesting three improvements to the ordinance. The Council adopted all three. One closed a loophole that might have allowed police to ask third parties to collect face recognition evidence for them. Another change provides attorney fees to a  person who brings a successful suit against the City for violating this ban on government use of face surveillance. Otherwise, only well-funded organizations or wealthy individuals would be able to enforce this critical new ban. 

It is no coincidence that this ban passed unanimously through Boston’s city council on the same day that the New York Times published a long piece on the case of Robert Julian-Borchak Williams, who was arrested by Detroit police after face recognition technology wrongly identified him as a suspect in a theft case. The problem isn’t just that studies have found face recognition staggeringly and disparately inaccurate when it comes to matching the faces of people of color. The larger concern is that in the hands of police, the technology poses a threat to vulnerable communities by virtue of the fact that police departments themselves disproportionately surveil and patrol those neighborhoods. 

EFF has long advocated for a nation-wide ban on the government’s use of face surveillance. You can help by joining our fight, telling your elected officials to ban the technology, or getting your local representatives to introduce our model bill that will ban face surveillance in your town. 

Published June 24, 2020 at 11:36PM
Read more on eff.org

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EFF: Apple’s Response to HEY Showcases What’s Most Broken About the Apple App Store

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Basecamp’s new paid email service, HEY, has been making headlines recently in a very public fight with Apple over their App Store terms of service. 

Just as the service was launching, the HEY developers found the new release of the app—which included important security fixes—was held up over a purported violation of the App Store rules. Specifically, Developer Rule 3.1.1, which states that “If you want to unlock features or functionality within your app, (by way of example: subscriptions, in-game currencies, game levels, access to premium content, or unlocking a full version), you must use in-app purchase.” Apple alleged that HEY had violated this rule by pushing users to pay for its email service outside of the crystal prison of the App Store.

Basecamp’s CTO David Heinemeier Hansson tweeted: 

But many apps—like Netflix and Amazon’s Kindle —follow this same payment pathway, with users setting up accounts directly through a website and then logging into that paid account via an app in the Apple App Store. And it’s no wonder that tech companies balk at the idea of following App’s store payment pathway—as the BBC reports, Apple takes a cut of all in-app payments, often as much as 30%.

HEY announced that they had found a way forward: negative publicity and public pressure pushed Apple to keep HEY in the App Store, at least for now. Apple agreed to allow the new version of HEY with its security fixes, and HEY is seeking to release a new version of the app they hope will be more palatable to Apple long-term.

But one-off exceptions don’t address the systemic problems with the App Store, and not every app developer can launch a high-profile publicity campaign to shame Apple into doing the right thing. HEY’s fight with Apple highlights what’s most broken with the App Store: our mobile technology environment is dictated by two tech behemoths that set the rules of innovation for billions of people. And while the current system may benefit Apple, Google, and a small number of early-entrant technology companies, everyday technology users and small startups end up with the short end of the stick.

Apple’s policies are opaque, arbitrarily applied, and byzantine. The company prioritizes their own apps in search results, a Wall Street Journal analysis found, so that users searching for “music, “audiobooks,” or other categories will be shunted toward Apple products. Apple has also restricted and removed apps designed to help families limit the amount of time they spend using Apple products, according to an analysis by the New York Times and Sensor Tower. Apple also has a history of censoring apps in country-specific App Stores, including removing Chinese language podcasts from China’s App Store. More recently, two podcasting apps were removed from China's App Store. The creators of one of those apps said, “The very small amount of warning we were given between there being a problem, and our app being completely removed from the Chinese app store was quite alarming.”

It’s no wonder that the European Commission has launched an antitrust investigation into the App Store, and United States Representative David Cicilline (D-RI) described the App Store fees as “highway robbery, basically,” that are “crushing small developers who simply can’t survive with those kinds of payments.”

Some may be celebrating HEY’s recent victory in getting the newest version of the app into the App Store, but we aren’t. For every app like HEY that can mount a publicity campaign and carve out an exception for itself, there are untold other app developers who tolerate exorbitant fees or have their apps banned with little notice. Exceptions to Apple’s policies don’t fix the root problems, which is a broken marketplace that is financially incentivized to limit user choices and competition. 

What might a real solution to this problem look like? The first step is transparency: Apple should be up-front about its policies and appeals systems, so that developers can act with certainty. Transparency also includes a public accounting of how and why apps are banned from the App Store, released publicly so that scholars, lawmakers and the general public can be informed about how and when tech users are denied innovative products. Second, policies must be fairly applied to all apps in the App Store; companies with big followings like HEY and Netflix shouldn’t get special deals that patch rather than fix the system. Third, Apple needs to commit to allowing updates to apps that are already in the stores that only fix security bugs—we all need to know that our security is Apple’s top priority. Finally, Apple needs to revisit its pricing model and remove the requirement for every app to use Apple’s in-app payments. If app developers can choose whether or not to use Apple’s payment services, that competition will discipline Apple, so that it prices its service at a level that appeals to developers.

Authorities are taking renewed interest in all forms of antimonopoly enforcement and EFF is glad to see these remedies considered for the mobile OS duopoly. Apple’s high-handed and arbitrary treatment of software vendors didn’t occur in a vacuum: rather, it’s the toxic result of growth-through-acquisition, Digital Rights Management restrictions that prevent competing App Stores, and the creation of vertically integrated monopolies—where Apple provides a store to sell apps and then competes with the companies that must use that store. Companies that can use the law to accumulate market power create abusive, dysfunctional systems that limit public choice and stifle competition. And if Apple continues to leverage its total control over the software that runs on Apple devices to extract arbitrary tolls and impose censorship on developers, antitrust authorities have the power to order Apple to allow competing App Stores.

Walled gardens don’t have customers, they have hostages, and evenhandedness is the very least we should demand of those who take away our choice. Apple doesn’t have the best App Store for iOS users, it has the only one. Far better would be competing App Stores with their own policies, where software authors and their customers get to decide for ourselves who’s earned our trust.

Published June 23, 2020 at 12:47AM
Read more on eff.org