Facebook Opens Fire on Teachbook

Once upon a time, most schools distributed annuals or pictures, names and some personal information about students so that other students could make connections. Then Mark Zuckerberg hacked into the Harvard computers and obtained private information of students and put that into a Hot or Not knockoff called “Facemash”.
Harvard threatened Zuckerberg with expulsion, charges for breach of security and copyright infringement. Harvard later backed off and the rest is history.
Fast forward to today and the behemoth that has now evolved from Facemash to Facebook is rigorously trying to keep anyone from using either “Face” or “Book” in their name if the entity is remotely associated with social media.
Facebook recently induced a site called Placebook to change its name to TripTrace and has now filed suit against a site called Teachbook, which is not even operable yet but purports to be an online information sharing vehicle for teachers (a large number of whom are prohibited from being on Facebook by school administrators).
Facebook is alleging in the suit against Teachbook that the term “Book” is highly distinctive and that most people associate it with social networking. Facebook throws in a claim of cybersquatting and wants the court to give it the domain name Teachbook. For good measure, they included counts of trademark infringement, unfair competition, and trademark dilution. Teachbook has only a couple of employees. Hello fly, meet cannon.
This indicates that Facebook will be aggressive against any online vehicle containing any variety of “Face” plus something or something plus “Book”.
No word yet on their stance on BookFace (actual trademark application made and abandoned several years before Facebook came around).
 

Malware Might Have Played A Part In Deadly Plane Crash

OK, now it's serious.  It's one thing to lose credit card information or for your Facebook account to be high jacked, but malware is said to have been instrumental in the cause of death and destruction in the crash of a Spainair flight two years ago.  Investigators have determined that ground computers were infected with malicious code that may have prevented the pilots from being warned that the flaps were in the wrong configuration for takeoff.

This blog has previously discussed the malicious code problem here, here and here.  Experts in virus protection are becoming increasingly pessimistic about the ability of reactive virus protection to be effective.

A video of the crash can be seen here.  Warning, this is unsettling in that it is video of an event where a large number of people lost their lives.

I told you this was serious.

Apple Patent Could Remotely Disable Jailbroken iPhones

After a ruling last month by the Library of Congress that jailbreaking cellphones, such as Apple's iPhone, was an exception to the DMCA, many users who didn't want to be tied to Apple's network and app restrictions rejoiced.  However, that freedom could be short lived.  A recently published patent application by Apple describes a system that seeks to identify "hacking, jailbreaking, unlocking, or removal of a SIM card."  According to the application, Apple could combat this by remotely examining for unauthorized use.  Some the measures Apple could take include:

  • keylogs
  • screenshots
  • deleting "sensitive data" (yikes!)
  • surreptitiously activating the cell phone's camera (double yikes!)

The purpose of this system is to protect consumers from "unauthorized users."  It's possible that Apple will consider users of jailbroken phones "unauthorized" based on this statement from the application describing the system:

An activity that can detect an unauthorized user can be any action that may indicate the electronic device is being tampered with by being, for example, hacked, jailbroken, or unlocked.

It's unclear whether Apple will ever actually implement these measures, but the Orwellian methods of detecting unauthorized use is a little disconcerting to say the least. 

Oracle vs. Google, Godzilla vs. Mothra, Perseus vs. The Kraken and other Titanic struggles

Consider this abbreviated time line:

November 5, 2007 - Google, T-Mobile, HTC, Qualcomm and Motorola announce the release of Android and announce the creation of The Open Handset Alliance comprised of 34 companies that will free the mobile world of all restrictions (the last part is made up).  Nowhere in the announcement does Java get mentioned.

Same day (almost like they knew it was coming) - The Chairman and CEO of Sun (possessor of Java) heartily congratulates Google et al on the release of Android and hails the salutary effect it will have on the Java community.  The blog entry goes out of its way to call Android a "Java/Linux phone platform" and "a Java based platform".

April 20, 2009 - Oracle buys Sun.  In the press release announcing the sale, Oracle calls Java "the most important software Oracle has every acquired."

 August 12, 2010 - Oracle files suit against Google alleging "In developing Android, Google knowingly, directly and repeatedly infringed Oracle's Java-related intellectual property. This lawsuit seeks appropriate remedies for their infringement."

Now what happens?  Google will claim that they aren't using Java but built their own version of this platform called Dalvik using approved clean room methods and therefore haven't infringed on anything.  Google hasn't filed an answer yet and probably won't for some time.  Then the fun will start.  This has the potential to be a very visible and influential suit with ramifications for years to come.  Google is not likely to be the last company with Defendant after their name in this matter.  There are millions and millions of devices with Android running on them.  Plus it involves some heavyweights.

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SXSWi Panel Picks: ATLB Selections (so far)

South by Southwest Interactive is just around the corner, coming March 11-15, 2011, and now it's time for the selection process to begin. For those of you who aren't familiar with the process check this out to get up to speed. There are three groups that vote on what panels will participate in the 2011 SXSWi: public (30%), SXSWi staff (30%), and advisory board (40%). There is a feeling here at ATLB that it's our duty to assist in crafting this year's event. I mean it's for the public, so why shouldn't we have a loud voice. This bog goes out to several different groups that have interest in a variety of things, so in order to provide a broad range of issues here are a couple that seem relevant to our readers: Bootstrapping, Entrepreneurism and Monetization, Funding, Web Apps, and our personal favorite Licensing, Fair Use and Copyright. Please check out these categories and see if a subject of interest pops up.

Additionally, there are a few individual panels this year that we'd like to suggest:

 

Apps vs. Mobile Web: Which to reach consumers?

Copyright Criminals

Download Illegally, It's the Right Thing to Do

Social Network Users' Bill of Rights: You Decide

Legal Frontiers In Social Networks, Blogs and Beyond

I.P. Fearlessly: Copyright, Contracts, and Clients

 

I'm sure there are many more that would do a great job of bring value to next year's event, but these were the ones that caught our eye on first go around. It would be a good idea to get on twitter and find some other good Austin Tech Sources to get a feel for some other good panels.

Enjoy the weekend!

L3C: The New Entity on the Block

The Low-Profit Limited Liability Company (L3C) is the newest entity to be recognized by at least eight states and will probably be available in several others in the near future.  The L3C is a hybrid entity combining the flexibility of LLCs with the social consciousness of charity organizations.  Often non-profit charitable entities are subject to strict organization and tax regulations that many feel can actually hamper charitable and social purposes.  Generally L3Cs must meet the following requirements:

  • The company must “significantly further the accomplishment of one or more charitable or educational purposes,” and would not have been formed but for its relationship to the accomplishment of such purpose(s);
  • No significant purpose of the company is the production of income or the appreciation of property (though the company is permitted to earn a profit); and
  • The company must not be organized “o accomplish any political or legislative purposes.

Groups like Americans for Community Development have high hopes that L3Cs will open the floodgates for potentially billions of dollars in new charitable funding because of the flexible funding structures and potentially prudent investment opportunities.  L3Cs haven't made their way to Texas yet, but if and when they do, they could be a great option for those interested in charitable pursuits. 

"Wait! I deleted that. You can't see that! "- Computer Privacy and Data Recovery in the Age of Computer Forensics

In talking to our clients, our friends and the public at large, there seems to be a lot of confusion, misinformation, urban myths and lore surrounding the amount and kinds of data and material that is deposited on computer drives and that can be retrieved even though the user thinks that he has deleted it or covered it up. And by computer drives, we mean any electronic storage device including computers, flash drives, cell phones, DVRs, etc.

To attempt to get real live reliable answers to some of these questions, we turned to some local subject matter experts, Flashback Data. Flashback Data’s website is here. They were kind enough to lend us the expertise of Will Ambruzs, an attorney who is charge of the Forensics Division of Flashback Data.

ATLB: Will, please describe the services that Flashback Data can provide, particularly to an attorney involved in litigation.

FBD: Probably the best known aspect of forensics is the storytelling. A man dies mysteriously and the forensic examiners conduct two autopsies – one on the corpse, and one on the home computer. Toxicology confirms the man died of ethylene glycol poisoning (antifreeze). Forensic testing of the computer recovers 76 previously deleted Google searches made by his wife over the course of seven weeks for things like “symptoms of ethylene glycol poisoning,” “ethylene glycol toxicity” and “C2H6O2 ingestion and death.” That’s a compelling story.

Other times our involvement is less about developing evidence and more about logistics. For example, we’re commonly retained by attorneys to help identify all the places relevant information is likely to exist in a complex technical landscape, or to develop evidence collection strategies that minimize the impact on their client’s business.

Candidly, there’s quite an air gap between law and technology. At the end of the day, when it comes to electronic evidence, we’re the guys who fill it. Our case managers are attorneys and our forensic examiners are technologists with deep court room experience. We’re not vendors. We take pride in giving our clients access to the highest caliber forensics testing in the industry, and we’re presently the only private sector laboratory in the world accredited for digital forensics by the American Society of Crime Laboratory Directors under their International standard – same as FBI and DEA.

ATLB: That sounds like a lot more stuff than we can cover in one setting. Let’s discuss some general topics about what kind of data can be recovered and from which devices, and then, hopefully follow up with another session where we delve into some of the more complicated problems of forensic discovery and data retrieval.

FBD: OK

ATLB: I will give you some topics and you tell me how hard it is to recover this data:
• Internet history from a computer
Internet history is one of the most persistent types of data on the computer. It’s not uncommon for us to recover every URL visited on a computer from the time you first took it out of the box.
• Deleted videos from a DVR
It depends. If the DVR entries were manually deleted, the chance of recovery is high if the device can be forensically imaged before the data is overwritten. Many DVRs are set to overwrite data after a period of time, or when the device is near the limit of its full hard drive capacity. Overwritten data is unrecoverable. By anyone.
• Text messages from a cell phone
Candidly, it depends on the make and model of the phone and how the phone is used. That said, we are still seeing a strong trend of users adopting smartphones like the Blackberry or iPhone. One common thing folks do with smartphones is sync them with a computer. This creates backup files on the computer which, depending on when the backup was created, may contain data that is long gone from the phone. Alternatively, smartphones are essentially small computers, and often their data can be recovered in the same way we recover hard drives.
• Instant messages like gmail chat or AIM
These may be recovered from log files saved to the computer. Difficulty is a function of time. Bottom line is if the data you want gets overwritten with new data, it’s gone.
• Facebook messages or postings
One avenue of recovery is to extract these from internet history. Often this gives us multiple clues as to the content and recipients, and we can use the information to go looking for “shadows” of similar activity. Another thing we can do is attempt to recover the confirmation emails Facebook sends when new entries are made on a user’s wall or new messages are received.
• Twitter tweets on a cell phone or computer
This type of data generally fall into the same category as internet history and internet cache. The content itself will be recoverable for some time (until it is overwritten) and we can extract a fair amount of data simply by looking through the internet history.

• Standard files on a computer hard drive
In answering this, assume that the user has used the commonly available delete function available to the standard user.

FBD: Understanding the recovery of deleted files on a hard drive requires some understanding of how files are stored and referenced. A good analogy once provided to me is that of a school library. If we think of the hard drive as the library, then the files are analogous to the books on the library’s shelves. In a library, a book’s location is referenced in the card catalog. In a Windows environment, a file’s location on the hard drive is referenced in the Master File Table. When we delete a file, we’re not destroying the file’s data. Instead, what happens is the file’s location is marked in the Master File Table as being available to use for new data storage. That’s like pulling a card out of the card catalog and throwing it away – the reference to the book is gone, but the book is still sitting on the shelf (at least until someone takes it down and replaces it with a new book).

Having said all that, “recovering” the deleted file is like walking around the library from shelf to shelf and taking inventory of every book. At some point, we’d learn that there is a book sitting on a shelf in a space that’s supposed to be empty. And we’d find and recover the book.

In addition to above, there are multiple other ways to attempt to recover deleted files, such as through backup copies, temporary copies and/or copies embedded in another data file (e.g., a file attached to an email in an Outlook data file). These are all potential recovery routes.

 

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App Developers Need to Pay Attention to the DMCA Ruling on Jailbreaking the iPhone

A recent ruling by the Library of Congress on the Digital Millennium Copyright Act (DMCA) resulted in large changes for cell phone users. The Copyright ruling spoke to several issues on circumvention, but for our discussion today, we shall discuss jailbreaking. Jailbreaking is the process of bypassing cell phone software allowing the user to purchase cell phone applications other than ones required by the cell phone manufacturer (here’s some info on the subject). This ruling has large implications in the app development community and could change the face of apps and cell phones … or according to others - do nothing.

First, when I was discussing this with some friends of mine the first question most had was, “Say what?! Why is the Library of Congress speaking on jailbreaking and who gave them authority? How is jailbreaking a Copyright issue?” So before I go into an analysis of the ruling, a quick rundown of the logistics of this might be in order.

The Library of Congress governs the United States Copyright office (it’s actually a division of the Library of Congress), and as such the Librarian of Congress discusses certain rules from time to time. Okay?! But this still doesn’t answer why this is a Copyright issue. In 1996 there were treaties passed by the World Intellectual Property Organization (WIPO), and the DMCA is the implementation of those treaties. These treaties covered several aspects of IP law, but for this post the relevant area of the treaties implemented into the DMCA dealt with the prohibition of circumvention of technology measures that control access to copyrighted works. In other words, this gave the Copyright office the ability to govern technologies on cell phones that protected copyrighted works, such as applications. As a result, the Librarian of Congress can determine if things such as jailbreaking of phones should be legal or not.

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