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Christopher Wray Departs from Jim Comey’s “Balance” on Encryption

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In his statement before the House Judiciary Committee last week, FBI Director Christopher Wray raised encryption, as FBI Directors do when they go before Congress.

His comments on encryption have a really bizarre line, complaining that, “The more we as a society rely on electronic devices to communicate and store information, the more likely it is that information that was once found in filing cabinets, letters, and photo albums will now be stored only in electronic form.” The reverse is really the issue: our electronic devices now make it really easy to get and search through what previously might be hidden in a (locked!) filing cabinet. They also encourage us to write in texts what we used to say in phone or direct conversations. So the reality is all this digitalization just makes it easier to engage in one stop evidence shopping with someone’s phone.

The more interesting thing, to me, is the way in which Wray’s rhetoric deviates sharply from that of Jim Comey.

Comey, you’ll remember, always liked to talk about the “balance” between security and privacy. He used that formulation most times he discussed back doors in encryption.

And he gave an entire speech on it last year in the wake of the San Bernardino phone challenge.

In America we’ve always balanced privacy and security. It can be messy, it can be painful, but we’ve always worked through the three branches of government to achieve that balance in a sensible way.

[snip]

We have to find thoughtful, productive ways to talk about issues of privacy and security, and here’s the thing, by thoughtful I don’t mean that I’m right, and you’re wrong. I could be wrong about the way I assess, the way I perceive, the way I balance, the way I reason, but I think all productive conversations start from a place of humility. I could be wrong.

[snip]

[L]itigation is a terrible place to have any discussion about a complicated policy issue, especially one that touches on our values, on the things we care about most, on technology, on trade-offs, and balance.

[snip]

We are all people trying to do the right thing as we see the right. It is not for the FBI to decide how this country should govern itself.

It’s not for the FBI to decide what the right approach is here. Our job is to investigate. Our job is to tell you, the people who pay for us, when the tools you count on us to use aren’t working so much anymore, so you can figure out what to do about that. It’s also not the job of the technology companies to tell us—to tell you—what to do about this. Their job is to innovate and come up with the next great thing, and they’re spectacular at that, which is to be treasured. How we move forward needs to be resolved by the American people, and especially the young who know technology so well, and who care so deeply about getting the hard things right.

In his statement, Wray seems to be invoking this Comey formulation when he rejects the entire notion.

Some observers have conceived of this challenge as a trade-off between privacy and security. In our view, the demanding requirements to obtain legal authority to access data—such as by applying to a court for a warrant or a wiretap—necessarily already account for both privacy and security. The FBI is actively engaged with relevant stakeholders, including companies providing technological services, to educate them on the corrosive effects of the Going Dark challenge on both public safety and the rule of law, and with the academic community and technologists to work on technical solutions to this problem.

Wray appears to be rejecting Comey’s (usually false) show of seeking the right balanced between access and encryption, and instead saying a warrant is all it needs. That, in spite of the fact that Congress has specifically stopped short of requiring technical access for some of the applications that Wray and Comey were complaining about. Not to mention the fact that FBI doesn’t ever get a warrant to get to US person content via back door searches or the 2014 exception.

Ultimately, of course, the effect is the same: FBI is going to continue demanding back doors into encryption.

But Wray, apparently, doesn’t even feel the need to feign an interest in the debate.

Friday Morning [?!]: Chamber of Delights

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It’s Friday. FINALLY. And it’s jazz exploration day, too. Today we sample some chamber jazz, here with Meg Okura and the Pan Asian Chamber Ensemble.

It. Me. That is to say, of all genres, this one feels most like a part of myself. Here’s another chamber jazz favorite — Quarter Chicken Dark from The Goat Rodeo Sessions. And another — Model Trane, the first cut in this linked video by Turtle Island Quartet.

You can see and hear for yourself what makes chamber jazz different from other genres: chamber instruments used in classical music to perform jazz.

Whew, I needed this stuff. Hope you like it, too, though I know it’s not everybody’s cup of tea.

My morning was overbooked, only have time today for a few things that caught my eye.

Encryption and privacy issues

Go To Jail Indefinitely card for suspect who won’t unlock hard drives (Naked Security) — Seems odd this wasn’t the case the USDOJ used to force cracking of password-protected accounts on devices, given the circumstances surrounding a less-than-sympathetic defendant.

Amicus brief by ACLU and EFF for same case (pdf – Ars Technica)

Supreme Court ruling extends reach of FBI’s computer search under Rule 41 (Bloomberg) — Would be nice if the Email Privacy Act, now waiting for Senate approval, addressed this and limited law enforcement’s overreach.

Climate change and its secondary effects

India’s ongoing drought now affects 330 million citizens, thousands have died from heat and dehydration (Oneindia) — 330 million is slightly more people than the entire U.S. population. Imagine what could happen if even one or two percent of these affected fled the country as climate refugees.

Tiger poaching in India dramatically increased over last year (Phys.org) — Have to ask if financial stress caused by drought encouraged illegal killing of tigers, now that more tigers have been poached this year to date compared to all of last year. Are gains in tiger population now threatened by primary and secondary effects of climate change?

Though severe El Nino deepened by climate change causes record drought now, an equally deep La Nina could be ahead (Phys.org) — Which could mean dramatic rains and flooding in areas where plant growth has died off, leaving little protection from water runoff. Are any governments planning ahead even as they deal with drought?

Hope your weekend is pleasant — see you Monday morning!

Wednesday Morning: Water, Water, Everywhere [UPDATE]

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Day after day, day after day,
We stuck, nor breath nor motion;
As idle as a painted ship
Upon a painted ocean.

Water, water, every where,
And all the boards did shrink;
Water, water, every where,
Nor any drop to drink.

— excerpt, The Rime of the Ancient Mariner by Samuel Taylor Coleridge

Felony and misdemeanor charges are expected today in the Flint water crisis. State Attorney General Bill Schuette will put on a media dog-and-pony show, when it is expected that three persons — two engineers with the Michigan Department of Environmental quality and a Flint water department employee — will be charged for Flint’s lead water levels after the cut-over to Flint River water.

Mind you, the descriptions of these persons do not match that of higher level persons who were responsible for

1) making the final decision to cut Flint off from Detroit’s water system and switching to the Flint river;
2) evaluating work performed by consulting firms about the viability of Flint River as a water source, or about reporting on lead levels after the cut-over;
3) ensuring the public knew on a timely basis the water was contaminated once it was already known to government officials;
4) lack of urgency in responding to a dramatic uptick in Legionnaire’s disease, or the blood lead levels in children.

Just for starters. Reading the Flint water crisis timeline (and yes, it needs updating), it’s obvious negligence goes all the way to the top of state government, and into the halls of Congress.

Michigan’s Governor Snyder has elected to perform some weird self-flagellating mea culpa or performance art, by insisting he and his wife will drink filtered Flint city water for a month. It’s a pointless gesture since the toxic lead levels, experienced during the two years immediately after the city’s cut-over to the Flint River, have already fallen after doing permanent damage to roughly eight thousand children in and around Flint.

Flint’s Mayor Karen Weaver said about the governor’s stunt, “[H]e needs to come and stay here for 30 days and live with us and see what it’s like to use bottled or filtered water when you want to cook and when you want to brush your teeth.”

Or get a new mortgage, I would add. The gesture also does nothing for Flint’s property values. Imagine living in Flint, trying to refinance your home to a lower interest rate, telling the bank, “Oh, but the water’s safe enough for the governor!” and the bank telling you, “Nah. Too risky.”

UPDATE — 10:45 AM EDT —
Charges have been filed against City of Flint’s Laboratory & Water Quality Supervisor Mike Glasgow and Michigan Department of Environmental Quality Office of Drinking Water and Management Assistance district director Steven Busch and MI-ODWMA District Engineer Michael Prysby. Mlive.com-Flint reports,

Glasgow is accused of tampering with evidence when he allegedly changed testing results to show there was less lead in city water than there actually was. He is also charged with willful neglect of office.

Prysby and Busch are charged with misconduct in office, conspiracy to tamper with evidence, tampering with evidence, a treatment violation of the Michigan Safe Drinking Water Act and a monitoring violation of the Safe Drinking Water.

None of the individuals charged in the case have been arraigned.

Sure would like to see the evidence on Glasgow, given the email he wrote 14-APR-2014 (see the timeline).

House hearing on encryption yesterday

  • Worth the time if you have it to listen to the House Energy and Commerce Oversight and Investigations Subcommittee’s hearing, ‘Deciphering the Debate Over Encryption: Industry and Law Enforcement Perspectives‘ to catch Apple’s general counsel Bruce Sewell and UPenn’s CIS asst. prof. Matt Blaze. Not so much for Indiana State Police Captain Charles Cohen, who was caught up in misinfo/disinfo about Apple’s alleged non-cooperation with the U.S. government. Wish there was a transcript, especially for the part where Sewell was quizzed as to whether Apple would encrypt their cloud.
  • Speaking of Cohen and misinfo/disinfo, Apple said it hasn’t released source code to Chinese (Reuters) — This is the spin IN’s Cohen got caught up in. Nope.

Another Congressional hearing of interest: Fed Cybersecurity
In case you missed it, catch the video of today’s House Oversight Subcommittee on Information Technology hearing on Federal Cybersecurity Detecion, Response, and Mitigation. You may have seen Marcy’s tweets on this hearing, at which Juniper Networks was a no-show, and Rep. Ted Lieu (D-CA) was kind of pissed off. Catch Bruce Schneier’s post about Juniper’s vulnerability.

Volkswagen has company: Mitsubishi’s mileage data tweaked to cheat
The Japanese automaker may have to pay back tax rebates offered on vehicles meeting certain fuel efficiency standards. Data from mileage tests on hundreds of thousands of cars was fudged to make the cars look 5-10 percent more efficient.

Speaking of cheating: Volkswagen’s use of code words masked references to emissions controls cheats
The amount of data under review along with the use of code words and phrases like “acoustic software” may delay the completion of the probe’s report. Don’t forget: tomorrow is the second 30-day deadline set for VW to provide a technical solution for owners of its passenger diesel vehicles.

That’s enough. Michigan state AG newser underway now as I update this again at 1:15 p.m. EDT; I may not update here since I addressed known charges above. Catch you on the other side of the hump.

Tuesday Morning: Toivo’s Tango

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Did you know the tango evolved into a Finnish subgenre? Me neither, and I’m part Finn on my mother’s side of the family. Both my grandmother and great-grandmother spoke Finn at home after their immigration to the U.S., but apparently never passed the language or Finnish music on to my mother and her siblings. The Finnish tango became so popular a festival — the Tangomarkkinat — was established to celebrate it.

The tango makes its way back again, nearly 9000 miles from its origin to Finland, in this music video. The performer featured here is a very popular Argentine tango singer, Martin Alvarado, singing in Spanish a popular Finnish tango, Liljankukka, written by Toivo Kärki. If you search for the same song and songwriter in YouTube, you’ll trip across even more Finnish tango.

Let’s dance…

Police raid in Belgium today
There were more arrests in Belgium today in connection to Paris attack in November. Not many details yet in the outlets I follow, suggesting information is close to the vest; there was more information very early, which has now moved off feeds, also suggesting tight control of related news. A raid in the southern Brussels suburb of Uccle resulted in the arrest of three persons now being questioned. This raid follows the arrest last Friday of Mohamed Abrini, who has now admitted he is the man seen in security camera video as the ‘man in the hat’ observed just before the bombing of the Brussels’ airport. Thus far, intelligence gathered from suspects and locations indicates a second attack had been planned, attacking the Euro 2016 football championship. Worth noting the media has now been reporting only the given name and a family name first initial for some of those arrested recently.

Up All Night growing, annoying some Parisians
This Occupy movement subset called ‘Up All Night’ or ‘Night Rising’ (Nuit debout) has been rallying during evening hours, protesting austerity-driven labor reforms, France’s continued state of emergency after November’s terrorist attacks, and more. The number of protesters has grown over the last 12 days they have taken to the streets, driven in part by the Panama Papers leak. The crowd has annoyed those navigating the area around the Place de la Republique where the Nuit debout gather. (More here on video.)

Upset over Burr-Feinstein draft bill on encryption continues
The Consumer Technology Association (CTA) issued a statement last night conveying their displeasure with this proposed bill which would mandate compliance with law enforcement access to encrypted digital content. The CTA’s 2200 members include Apple, Google, Microsoft, and any consumer electronic technology manufacturer featured at the annual Consumer Electronics Show each year. This formal statement follows a wave of negative feedback from technology and privacy experts since the draft bill was revealed late last week.

Odds and ends

  • Cellebrite makes the news again, this time for a ‘textalyzer’ (Ars Technica) — Huh. What a coincidence that an Israeli company attributed with the cracking of the San Bernardino shooter’s iPhone 5c is now commercializing a device for law enforcement to use on drivers’ cellphones. Do read this piece.
  • DARPA still fighting for relevance with its Squad X initiative (Reuters) — Not a single mention of exoskeletons, but enough digital technology to make soldiers glow in the dark on the battlefield.
  • Microsoft’s director of research calls some of us chickenshit because AI is peachy, really (The Guardian) — Uh-huh. This, from the same company that released that racist, sexist POS AI bot Tay not once but twice. And we should all just trust this stuff in our automobiles and in the military. Ri-ight.
  • Farmers watching more than commodities market and the weather (Fortune) — Chinese IP rustlers are sneaking commercially-developed plant materials back to PRC. Hope the Chinese realize just how likely American farmers are to use firearms against trespassers.
  • CDC’s deputy director on Zika: “Everything we look at with this virus seems to be a bit scarier than we initially thought” (Reuters) — I swear multiple news outlets including WaPo have changed the heds on stories which originally quoted this statement. Zika’s observed destruction of brain cells during research is really distressing; so is Zika’s link to Guillain-Barre syndrome in addition to birth defects including microcephaly. In spite of the genuine and deep concern at CDC over this virus’ potential impact on the U.S., the CDC is forced to dig in sofa cushions for loose change to research and fight this infectious agent. Absolutely ridiculous, like we learned nothing from our experience here with West Nile Virus.

That’s it, off to mix up my tango with a whiskey foxtrot. See you tomorrow morning!

Monday Morning: Feeling Rather Mussorgsky

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It’s not even 7:00 a.m. here as I start to write this post, and the day is already frantic — like Mussorgsky’s Night on Bald Mountain. I don’t expect a placid ending to the first day of this week, either.

Strap in, lock and load.

Volkswagen on a roll — downhill, fast

  • A former employee who worked at the Michigan-based Volkswagen Group of America’s data processing center filed suit for wrongful termination. The employee lost their job after warning against data deletion after the U.S. Department of Justice ordered VW to halt normal data deletion processes to preserve potential evidence. Michigan is an at-will state, meaning employees can be fired for any reason at any time if they do not have a contract. However, employers may not fire workers in retaliation for refusing to do illegal acts or for reporting violations of health and safety code. Not a sketchy situation at all…this case might be an opportunity for discovery.
  • VW cutting jobs back home in Germany, with administrative roles taking the biggest hit. At the same time, VW says it intends to hire more software and technology personnel as it shifts away from traditional automotive technology. Huh — not a move I would expect when VW clearly hasn’t a handle on electronic vehicle technology.
  • Car sales are up 6.3 percent in the EU, but VW-brand car sales are off 4 percent. Ford and GM’s Opel picked up what VW lost in terms of sales.

Asking oranges from Apple

  • USDOJ hint-hints with little subtlety it will demand Apple’s source code. By subtlety, I mean a footnote shaped like a cudgel in its response to #AppleVsFBI:

    The FBI cannot itself modify the software on Farook’s iPhone without access to the source code and Apple’s private electronic signature.

    The government did not seek to compel Apple to turn those over because it believed such a request would be less palatable to Apple. If Apple would prefer that course, however, that may provide an alternative that requires less labour by Apple programmers.

    You can read Marcy’s take on the USDOJ’s Lavabit gambit for more.

  • The mega-sized tech companies who support Apple are now doubling down on encryption. Couldn’t see that coming, huh?
  • Some speculate WhatsApp as a communications technology may be the next focus of law enforcement in wake of #AppleVsFBI.
  • John Oliver does a Deep Dive into #AppleVsFBI — amusing take, but Oliver and his writing team have far too simplistic a take on this case. It’s not just that FBI wants a ‘master key,’ or that the FBI relies on All Writs to make its demand on Apple. It’s about forcing a company to create something entirely new, and something that’s not intrinsically part of its product.

Another energy industry executive dead
Josh Comstock, CEO of C&J Energy Services in Houston, Texas, died unexpectedly on Friday. He passed away in his sleep at age 46. Comstock was a supporter of NHRA drag racing. His company, which provided hydraulic fracturing (fracking) services, lost considerable value over the last year with the sharp drop in oil prices and field development.

Oil dudes are under a lot of stress these days.

And it being a Monday, so are we. Relax when you can, gang. I’m clocking out.

Tuesday Morning: Some Kind of Freak

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Today’s the intersection of my Gwen Stefani jag and International Women’s Day 2016. Need some more estrogen-powered music to celebrate IWD? Try this list — note and compare Lesley Gore’s You Don’t Own Me and Nancy Sinatra’s These Boots Are Made for Walking against more recent tunes like No Doubt’s Just A Girl.

Let’s roll…

Volkswagen shocked, SHOCKED! the EPA went public on the diesel emissions standards cheat
But by the time the EPA made public statements regarding VW, the German automaker had already known about the International Council on Clean Transportation’s research results for a year and had yet to reveal to shareholders the risk of prosecution and penalties. VW’s leadership hoped for a mild and quiet slap on the hands and enough time for a technical solution before the EPA’s disclosure:

“In the past, even in the case of so-called ‘defeat device’ infringements, a settlement was reached with other carmakers involving a manageable fine without the breach being made public,” VW argued. “And in this case, the employees of Volkswagen of America had the impression on the basis of constructive talks with the EPA that the diesel issue would not be made public unilaterally but that negotiations would continue.”

Hope somebody is looking at insider trading for any sign that VW executives were unloading stock in the period between September 2014 when ICCT’s results were published, and when the EPA went public in 2015. Wonder what penalties there are under German/EU laws for this?

USDOJ appealed last week’s ruling in Brooklyn iPhone 5S case
At the heart of this appeal is Apple’s past cooperative actions when federal law enforcement asked for assistance in unlocking iPhones. Apple, however, said past acquiescence is not consent. USDOJ has now asked for review of Judge Orenstein’s ruling.

Apple co-founder Steve Wozniak appeared on Conan, sided unsurprisingly with Apple
Woz admitted to having tried his hand at writing viruses for Mac, but the entire premise terrified him, compelling him to destroyed his efforts. Video of his appearance included at this link.

France to punish phonemakers for encryption, while UK’s GCHQ says it should get around encryption
A narrow body of water, a different language, and a recent terrorist attack make for very different reactions to encrypted communications. France’s Parliament voted yesterday to punish phonemakers which do not cooperate with law enforcement on unencrypting data; the bill is not yet law, subject to further parliamentary process. Meanwhile, Britain’s spy chief said he hopes methods can be developed to get around encryption without building backdoors.

Drive-by quickies

And it’s Presidential Primary Day in Michigan, Mississippi, Idaho, Hawaii. I may avoid social media for most of the day for this reason. Hasta pasta!

Friday Morning: The Political is Musical

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It’s Friday, and that means more jazz. Today’s genre is Afrobeat, which emerged in the late 1960s/early 1970s.

Nigerian musician Fela Kuti is credited as the genre’s progenitor, though Fela maintained drummer Tony Allen was essential to style, saying, “[w]ithout Tony Allen, there would be no Afrobeat.”

Afrobeat fuses a number of different types of music with jazz, including funk, highlife, rock, and folk music from West African cultures. In this video, Beasts of No Nation, it’s easy to hear the different styles of music added as layers underpinned and unified by drums.

The lyrics of many Afrobeat tunes are very political; the album of the same name, Beasts of No Nation, was an anti-apartheid statement released in 1989.

Recommended read to accompany today’s musical selection: The Wealth of Nations by Emmanuel Iduma (Guernica magazine).

Let’s move…

Not far from the Apple tree
Lots of developments yesterday in the  #AppleVsFBI story.

  • In support of Apple, big names in tech file amicus briefs to meet deadline. The two most powerful briefs constituted a who’s who of Silicon Valley. Amazon, Box, Cisco, Dropbox, Evernote, Facebook, Google, Microsoft, Mozilla, Nest, Pinterest, Slack, Snapchat, WhatsApp, and Yahoo filed one joint brief. AirbNb, atlassian, Automattic, Cloudflare, EBay, Github, Kickstarter, LinkedIN, Mapbox, Medium, Meetup, Reddit, Square, SquareSpace, Twilio, Twitter, Wickr filed the second. There were several other pro-Apple briefs filed, but none with the economic clout of these two briefs.
  • Cato’s Julian Sanchez may have the best take on yesterday’s filings.
  • UN’s High Commissioner for Refugees Zeid Ra’ad Al Hussein said forcing Apple to write code for the FBI “could have extremely damaging implications for the human rights of many millions of people, including their physical and financial security,” constituting a “a gift to authoritarian regimes.”
  • Michael Ramos, the San Bernardino County DA, exposed his lack of technology prowess in an ex parte application to participate as Amicus Curiae.

    “The iPhone is a county owned telephone that may have connected to the San Bernardino County computer network. The seized iPhone may contain evidence that can only be found on the seized phone that it was used as a weapon to introduce a lying dormant cyber pathogen that endangers San Bernardino’s infrastructure…”

    Emphasis mine. WHAT. EVEN. Dude just screwed law enforcement, making the case (using a made-up term) for the iPhone to never be opened.

Brazil’s former president Lula held for questioning as home raided
The investigation into state-run oil company Petrobras now reaches deeply into the highest levels of Brazil’s government. Investigators are looking into former president Luiz Inacio Lula da Silva’s role in Petrobras’ corruption, including kickbacks and influence peddling. The investigation’s discoveries threaten the viability of current president Dilma Rousseff’s ruling coalition. Wonder if the NSA was following this when they were spying on Petrobras?

Quick licks

  • Absolute insanity: Amazon’s Kindle devices no longer encrypted (Motherboard) — Well, nobody in this household is getting a Kindle any time soon.
  • Nope, not hackers, not squirrels: bird droppings suspected in shutdown of Indian Point nuke plant last December (Phys.org)
  • Joint US-UK college hacking competition this weekend (Phys.org) — Wanna’ bet some of these students will be asked about hacking Apple iPhones?
  • Connecticut wants to ban weaponization of drones, thanks to stupid teenager’s home project (Naked Security) — Seems like a federal issue, IMO, but let me guess the gun lobby will step and whine about gun-enabled drones as a Second Amendment right. Surely our forefathers anticipated flying, cellphone-controlled privately-owned gun drones.

Ugh. That’s a wrap on this week, stopping now before this really devolves though I can’t see any distance between here and absolute bottom. Have a good weekend!

Friday Morning: Afro-Cuban Coffee

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I should just dedicate Fridays to different genres of jazz. Today feels like a good day for Afro-Cuban jazz.

This chap, Francisco Raúl Gutiérrez Grillo, who performed under the name Machito with his Afro-Cubans, was an incredibly important innovator shaping Afro-Cuban jazz as well as modern American music. He was important to race in the music industry as well, as his Afro-Cubans may have been the first multi-racial band.

I’m brewing some Café Bustelo before I bust out my dancing shoes. ¡Vamonos!

Judge applies ‘Parkinson’s Law’ to VW emissions cheat case
You know the adage, “work expands so as to fill the time available for its completion”? U.S. District Court Judge Charles Breyer gave Volkswagen 30 days to come up with a fix* for all the emissions standards cheating passenger diesel engine cars in the class action lawsuits he oversees in San Francisco. Gotta’ love this:

“It’s an ongoing harm that has to be addressed … I’ve found the process is a function of how much time people have available to fill. The story about lawyers is that that if you give them a year to do something, it will take them a year to do something. If you give them 30 days to do something, they’ll do something in 30 days.”

As time passes, vehicle owners are increasingly damaged as no one wants to buy their cars and their investment is lost. Hence the aggressive time limit.

* Caution: that link to SFGate may autoplay video and ad content. Really, SFGate? That’s such hideously bad form.

Rough road ahead in Saudi Arabia to a post-oil world
This piece in WaPo paints a grim picture of cheap oil’s impact on Saudi Arabia — and there are huge pieces missing. Worth a read while asking yourself how much Saudis are spending on military efforts against Yemen and Syria, and what new industries they’re investing in to replace oil-based employment.

Took long enough: Software and social media firms get Apple’s back
Did their legal departments finally read the case thoroughly and realize they had skin in this game, too? Who knows — but Google as well as Microsoft are planning to file amicus briefs in support of Apple. Microsoft had already indicated they would support Apple in a congressional hearing yesterday morning; Google piped up later. The latest skinny is that Facebook and Twitter both intend to file briefs as well in favor of Apple. Looks like Microsoft’s current management took an 180-degree turn away from progenitor Bill Gates’ initial response, hmm?

Hit and run

That’s a wrap on this week. Keep your eyes peeled for news dumps while folks are still picking apart last night’s GOP-cast reality TV show. And make time to dance.

EDIT — 8:40 AM — Ugh, why didn’t the Detroit News publish this piece *yesterday* instead of a Friday morning? Michigan’s Gov. Snyder’s “inner circle” exchanged emails advising a switchback from Flint River a year before the switchback took place, and only three weeks before Snyder’s re-election. There was enough content in this to go to press without waiting for a quote from one of the former advisers.

Friday Morning: All That Jazz

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If you have to ask what jazz is, you’ll never know. — Louis Armstrong

It’s Friday. Don’t ask, just play.

If you thought FBI vs Apple was part of a plan to break Silicon Valley on encryption, it was
This will be the big buzz today: a secret “decision memo” reveals the government set out to access encrypted user data while putting on a good front about its relations with software companies. No information available about the source (or timing) of the memo; wouldn’t it be ironic if this secret memo had been hacked from a smartphone user’s data?

The Atlantic looks at the government’s attempt to force Apple to write code for their purposes as conscription. The secret memo bolsters this argument.

Looks like Apple may also claim the government is compelling speech. They’ve pulled out the big guns by hiring lawyers Ted Olson and Theodore Boutrous to work on this case.

Whiny telcos upset with Facebook eating their lunch with WhatsApp messaging
Like they couldn’t have seen this coming? Telcos in parts of the world like Central America and Europe have long charged uncompetitive rates for poor messaging service. Enter Facebook, which snapped up WhatsApp and integrated the messaging app in its social media platform. Facebook members now have a free messaging platform that works almost globally. The telcos are now upset that Facebook has eaten their text messaging profits. ¡Qué lástima! Though I admit I wonder if part if this grousing is really a front for governments who don’t like WhatsApp’s threat to intelligence access via telcos’ messaging services.

Citigroup’s Corbat gets a 27% pay increase
Too Big to Fail pays very well, for a very few. For Citigroup’s CEO Michael Corbat, it pays roughly $16.5 million this past year, up from $13 million the previous year. Corbat’s raise rewards him for Citibank’s improved fortunes, based in part on cutting less profitable businesses — like exiting retail banking in Argentina and Brazil.

Mercedes sued for not-so-clean diesel emissions
In a slightly different situation than with automaker VW, Daimler’s Mercedes is accused of selling diesel powered vehicles that do not meet emissions standards at low temperatures. The lawsuit was filed yesterday in New Jersey by a vehicle owner in Illinois, based on information published in Der Spiegel and the results of a study conducted by independent testing agency TNO for the Dutch Ministry of Infrastructure and the Environment. The problem at the heart of the suit:

“…the device in Mercedes’s diesel models turns off pollution controls at temperatures below 50 degrees Fahrenheit (10 Celsius), allowing the autos to violate emissions standards, according to the complaint.”

Mercedes did not disclose to buyers that its BlueTec technology, a system relying on use of urea-based NOX reduction, emitted NOX levels well above emissions standards at low temperatures. I would not be surprised to see more cases soon against Daimler and its Mercedes brand as BlueTec technology has been used in both passenger vehicles and commercial trucks for most of the last ten years.

On our mind: SKYNET
We haven’t forgotten the issue of U.S. military killing innocents *Oops!* from the sky based on metadata. Worth reading:

A “machine learning algorithm”? Imagine this in self-driving cars, hijacked via backdoors by hackers and governments. The ethics behind this technology must be widely debated in public now, before it moves beyond its already-abused role in drone-based warfare.

Should be an entertaining Friday; watch for government spokespersons to indulge in a lot of fancy-footwork jazz today.

Thursday Morning: Number 49

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Name day of Saint Simon (Simeon), and Greek name day for Leon and Agapitos, it’s also the 49th day of the year, only 317 more to go. Make the best of it, especially if your name is Simon, Leon, or Agapitos.

Hollywood hospital paid ransom — $17K in bitcoin, not millions
See the official statement linked in this updated report. Speed and efficiency drove the payment. Given the difference between the original amount reported and the amount paid in ransom, one might wonder if there was a chaining of devices, or if many less important devices will be bricked.

Laser pointed at Pope Francis’ plane over Mexico
Someone pointed a laser at the Pope’s flight just before it landed in Mexico City yesterday, one of the highest profile incidences of “lasering” to date. The incident follows an international flight forced back to Heathrow on Monday after one of its pilots suffered eye injury from a laser. Thousands of laserings happen every year; it’s illegal in the U.S. and the U.K. both, but the U.S. issues much stiffer penalties including fines of $10,000 and prison time. If Mexico doesn’t already treat lasering firmly, it should after this embarrassing and threatening incident.

Air strike on Doctors Without Borders/Médecins Sans Frontières’ Syrian hospital spurs call for investigation
It’s absolutely ridiculous how many MSF medical facilities have been hit air strikes over the last year, the latest west of Aleppo in Syria. MSF has now called for an independent investigation into this latest attack which killed nine medical personnel and more than a dozen patients. This particular strike is blamed on the Syrian government-led coalition, but Russia and the U.S. have also been blamed for attacks on MSF facilities this year, including the hospital in Kunduz, Afghanistan last October. You’d think somebody had it out for MSF specifically.

Is China rousing over Korean peninsula escalation?
Tension spawned by North Korea’s recent nuclear test, missile and satellite launches, as well as South Korea’s pull back from Kaesong industrial complex and U.S. F-22 flyovers have increased rhetoric in media.

Just as it is in the U.S., it’s important to note the origin and politics of media outlets covering China. GBtimes, for example, covers Chinese stories, but from Finland. ~head scratching~

All Apple, all the time
A huge number of stories published over the last 24 hours about Judge Sym’s order to Apple regarding unlocking capability on San Bernardino shooter Syed Farook’s iPhone.

I wonder if this is really a Third Amendment case, given the lack of daylight between the FBI and the U.S. military by way of Joint Terrorism Task Force involvement, and the case at hand in which a non-U.S. citizen’s illegal activities (Farook’s wife Tashfeen Malik) may have triggered related military counterterrorism response. Has the U.S. government, by demanding Apple create code to permit unlocking the shooter’s iPhone, insisted on taking private resources for government use? But I’m not a lawyer. What do I know?

That’s it for now. Thursday, February 18th is also “Teen Missed the Bus Day”; ‘Agapitos’ he is not at the moment. Kid’s going to owe me some time helping with the next morning post.