Showing posts with label Technology. Show all posts
Showing posts with label Technology. Show all posts

Local Leaks Tipsters Allege Steubenville Victim Was Drugged

The latest information posted to Local Leaks, the Wikileaks-like site that has devoted itself to finding details about Steubenville's so-called "Rape Crew", is what they say is an account from the night of the alleged gang-rape of a 16-year-old girl. Local Leaks, which uses and utilizes hacks and tipsters driven to the site from the hacktivist group known as Anonymous, posted what they say is a basic picture of what happened on the night in question which they say is derived "from a number of young people in Steubenville who were witness to various parts of this horrendous crime." Their account goes on to name specific people, but since we aren't privy to those documents or tips, naming those people without verification doesn't seem fair and we've redacted the names of the boys who are not facing charges.
RELATED: One of Steubenville's 'Rape Crew' Wants to Get Out of Steubenville
(Update, January 8: Local Leaks speaks out — meet the hackers behind the Steubenville Files.)
RELATED: Everything You Need to Know About Steubenville High's Football 'Rape Crew'
Here's the first section of the newly posted report:
After being convinced, with some amount of coaxing – to attend the parties that night with the “Rape Crew” by by XXX’s girlfriend XXX, Jane Doe was picked up at a volleyball team party she was attending in the early evening of August 11th and transported in a vehicle with Richmond, XXX and XXX in it. Jane Doe was administered a “date rape” drug snuck into her drink almost immediately, possibly while still in the vehicle enroute to the nights “festivities”.
That sort of falls in line with what's been said. But we're not sure how someone knows for sure that the victim was snuck a "date rape drug." That's a dangerous implication and adds a sinister side of premeditation. As The New York Times Juliet Macur and Nate Schweber reported, because by the time the alleged victim went to the police "it was too late for toxicology tests to determine if she had been drugged." However, there were reports of the victim being drugged, according to Rachel Dissell of the Cleveland Plain Dealer.
RELATED: Inside the Anonymous Hacking File on the Steubenville 'Rape Crew'
The second portion reads:
In any case, she has no memories after being picked up. The first party of the night was at the home of Assistant Coach XXXXX, where XXXXX, XXXX, XXXXX, and XXXXX were already engaged in heavy drinking and drug use. At this location Jane Doe was raped multiple times by Richmond and Mays and at least two other assailants from the “Rape Crew”. At that point the “party” went on the move. They first stopped at another Assistant Coach’s home, Coach XXXX. XXXXX didn’t like what he saw, and asked them to leave. Once again, they hit the road with an unconscious Jane Doe in tow.
We know there was drinking. "Some in the crowd, which would grow to close to 50 people, arrived with beer. Those who did not were met by cases of it and a makeshift bar of vodka, rum and whiskey, all for the taking, no identification needed," reads the Times report. From reports we know there were multiple parties that night, but the apartments being at multiple coaches' houses have largely been unconfirmed.
RELATED: A Heartbreaking Look Inside the World of India's Gang Rape Victim
Anonymous, from tips from Steubenvillers, has a theory that the boys involved had an apartment which they used for parties:
4401 the athletes used to party. It was known as "the apartment". I am told this is where the rape crew honed their skills
— #KnightSec (@KYAnonymous) January 3, 2013
And they're also claiming that a coach or coach's house was involved:
RELATED: Protestors Take to Streets of India While Victim's Body Is Flown Home


Here's the next part:
While en route to XXXX’s house, Jane was again raped and sodomized in the back seat of a vehicle – and this was video recorded by XXXXX who was in the front seat. Her attackers in the car were again Mays and Richmond.
Now, again, knowing exactly what happened in the back seat would be hard for anyone that wasn't there. Though, this account jibes with what at least one witness told police. From the Times report:
That player told the police that he was in the back seat of his Volkswagen Jetta with Mays and the girl when Mays proceeded to flash the girl’s breasts and penetrate her with his fingers, while the player videotaped it on his phone. The player, who shared the video with at least one person, testified that he videotaped Mays and the girl “because he was being stupid, not making the right choices.” He said he later deleted the recording.
And the last part:
Once they arrived at XXXXX’s house Jane Doe was carried to the basement where she was again raped multiple times by multiple attackers, one of which was XXXXX. Finally, having sated themselves and exhausted any further entertainment that Jane Doe could provide for these animals, she was unceremoniously dumped (still unconscious) onto the front lawn of the XXXXX residence – where at least one member of the “Rape Crew” proceeded to urinate on her.
Well there's obviously some editorializing there ("further entertainment"... "animals"). But tweets from that night confirm that people were, at the very least talking about the alleged victim being urinated on while unconscious. According to The New York Times report, the party didn't end with this girl on the front lawn. "The girl slept on a couch in the basement of that home that night, with Mays alongside her before he took a spot on the floor.
The big takeaway from this report is that the account, from which is said to be gathered and confirmed from multiple sources, says there the girl was raped multiple times by multiple people and that the two Steubenville foortball players facing charges, Malik Richmond and Trent Mays, weren't the only ones involved.
Since the Times report last month, the reporting on this story has been driven by a kind of hacker vigilantism more than professional journalists. These new details may be unconfirmed, but they are the leads that the mainstream outlets who are headed for Ohio will be following.
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Android’s explosive content consumption growth threatens Apple

Smartphone market share surveys from IDC and Kantar have shown for a long time that the Android phone volume surge is leaving the iPhone in the dust in major growth markets from Brazil to India. But one thing that Apple has had on its side has been the propensity of iPhone owners to consume far more content than Android phone owners. One argument has been that it does not matter if iPhone has a 5% share vs. Android’s 40% share if Apple (AAPL) still dominates in  app revenue generation and browsing volume. Content is king. Another argument is that it does not matter who moves the most units, since only hardware margins count. Here Apple reigns supreme.
[More from BGR: First leaked picture of the Samsung Galaxy S IV emerges]
In the long run it’s difficult to say whether selling smartphones at extremely high margins is more important than dominating mobile content. As consumers keep shifting their precious entertainment consumption minutes to smartphones from television, print media and video games, the value of owning the mobile browsing and mobile application markets increases. Samsung (005930) is playing the deep game of flooding the world market with hundreds of millions of Android phones, most of them cheap, some of them very expensive. The goal is to blanket the globe with Samsung devices and bet that the content consumption of Android devices can catch up with Apple in aggregate.
[More from BGR: Google’s rumored ‘X Phone’ could be an ‘attack on Samsung’]
That is why it’s interesting to see how different research houses started to detect clear signs of Android surge in content consumption in 2012. According to AppAnnie, Google Play showed 48% download growth over the summer, while iOS download volume ticked up by just 3%. In South Korea, Google Play moved ahead of iOS in app revenue generation.
And StatCounter numbers on mobile browser usage seem to be pointing to the same direction. A year ago, Android phones had 17% mobile browsing market share in the Philippines vs. iPhone’s 12%. In January 2013 that lead had grown to 27% vs. 14%. This was the first month when Android took the browsing share lead from Opera in the Philippines. As feature phones fade, Android is grabbing their share of mobile page views.
In Brazil, Android’s mobile browser share has vaulted from 19% to 38% in a year. The iPhone still has a respectable 11% share, which is maybe five times higher than iPhone’s slice of smartphone shipments in Brazil. But that outperformance is no longer enough to keep up with the avalanche of Android phones that are now a prime vehicle for mobile content consumption for Brazil’s middle classes.
In Germany, Europe’s leading mobile market, Android has just pulled into a dramatic 51% vs. 31% lead in page views. In Russia, Android has opened a 25% vs. 18% lead in just the past five months. In affluent Japan, iPhone is leading Android by just 48% v. 44%.
Apple is still punching way above its unit volume class when it comes to grabbing consumers who use the smartphone most frequently for content consumption purposes. But the Google (GOOG)-Samsung strategy of swamping the market with cheap smartphones is working. Android’s lead in mobile browsing is growing at an accelerating rate in many major markets. The new wave of sub-$150 smartphones from Samsung, Huawei and ZTE is shooing consumers across the globe under Google’s mobile content umbrella. These consumers will shape the future of mapping, shopping, localized news and other mobile content industries.
One of these days Apple must choose between the goals of dominating mobile content and maintaining sky-high phone operating margins. The blended iPhone ASP of $620 is not compatible with competing against the Android Armada in Latin America, Africa and Asia, and perhaps not even in Germany or Spain.
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Look Who's Already in Trouble Over the Steubenville Rape Case

If this was the week that the whole country found out about the alleged gang rape of a 16-year-old girl in football-crazedSteubenville, Ohio, next week might be the one when the punishments arrive. Steubenville High's famed football coach may resign as soon as Monday, and the recent graduate whose shocking video confession was leaked by hackers who took the case nationalmay be in trouble with his college.
RELATED: Everything You Need to Know About Steubenville High's Football 'Rape Crew'
Instagram photos from the night in question emerged almost immediately after the August incident, and today the site LocalLakes, which is partnering with the hacking collective Anonymous to collect eyewitness details and speak truth to rumor, provided a narrative of what it says happened. But the most emotional — and viral — leak out of the so-called The Steubenville Files came in the form of this unsavory video, in which a former Steubenville student is thought to be referring to the victim when he says local football players "raped her more than the Duke lacrosse team": 
RELATED: Inside the Anonymous Hacking File on the Steubenville 'Rape Crew'
RELATED: Local Leaks Tipsters Allege Steubenville Victim Was Drugged
The YouTube video identifies the speaker as former Steubenville student Michael Nodianos, who according to his Twitter account or someone who had access to it, said some pretty gross things the night of the alleged attack: 
Local Leaks and Anonymous tracked Nodianos, now 18, to Ohio State University and released his e-mail and personal information on the Internet, adding that he might have had a gun in his possession during the filming. On Friday afternoon OSU's press office gave in to just how crushing the effects of the viral wave of leaked information has become, releasing the following cryptic statement:
Sexual assault is a terrible act of aggression and violence, and our hearts go out to all victims. The situation in Steubenville is particularly disturbing, and our thoughts are with those affected. To our knowledge, the only students who have been criminally charged in this matter are high school students with no affiliation to Ohio State. To the extent there are inquiries about any Ohio State student, the university is not at liberty to comment due to Family Educational Rights and Privacy Act (FERPA) regulations, other than to confirm that the student in question was in attendance at Ohio State only through Dec. 12.
When reached for comment by The Atlantic Wire, an Ohio State spokeswoman refused to clarify the statement, merely repeating the last line above (emphasis ours). But the phrase "only through" is still throwing us for a loop: Why isn't he there any longer? Because OSU is still on vacation until January 7? Because Nodianos decided to leave? Or has he been punished by the school? Nobody's really saying.
Someone who has spoken up about Nodianos and the viral video is Jefferson County Sheriff Fred Abdala. "Sheriff Abdalla is proud of his town but when it comes to the video released Wednesday, he called it disgusting," reports WTRF-TV. But Sheriff Abdala still doesn't like the way the national press has covered the involvement of Anonymous and LocalLeaks: 
This is all over the world now. It's in the Huffington Post and New York Times but some of these papers are reporting this stuff based on what this Anonymous is telling them. How do you support what they're saying? Where's your proof? I thought newspapers where to be able to back it up with good, solid information. How can you do a story when someone is giving you information that's not even factual?
But... but... that video? Can't we agree it's pretty disgusting? The Steubenville Files allege that Sheriff Abdala and Steubenville football's head coach, Reno Saccoccia, are friends. Abdala hasn't denied that allegation because, well, it seems like everyone in Steubenville knows Coach Reno.
Now rumors are surfacing that Saccoccia, who has become a Friday Night Lights-style legend in the small Ohio city during his 35 years at Steubenville High, will be resigning on Monday. The school is on a community-wide gag order at least until the rape trial's preliminary hearings on Februar 13, butthere are growing calls for the coach, who didn't bench his players when he was told even the non-accusers were posting photos of the alleged victim as she was allegedly being attacked, to either resign or be fired. And those calls will only grow louder on Saturday, when an Occupy Steubenville rally rolls into town.
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Netflix suffers Christmas Eve outage, points to Amazon

 An outage at one of Amazon's web service centers hit users of Netflix Inc.'s streaming video service on Christmas Eve and was not fully resolved until Christmas day, a spokesman for the movie rental company said on Tuesday.
The outage impacted Netflix subscribers across Canada, Latin America and the United States, and affected various devices that enable users to stream movies and television shows from home, Netflix spokesman Joris Evers said. Such devices range from gaming consoles such as Nintendo Wii and PlayStation 3 to Blu-ray players.
Evers said that the issue was the result of an outage at an Amazon Web Services' cloud computing center in Virginia, and started at about 12:30 p.m. PST (2030 GMT) on Monday and was fully restored Tuesday morning, although streaming was available for most users late on Monday.
"We are investigating exactly what happened and how it could have been prevented," Evers said.
"We are happy that people opening gifts of Netflix or Netflix capable devices can watch TV shows and movies and apologize for any inconvenience caused last night," he added.
An outage at Amazon Web Services, or AWS, knocked out such sites as Reddit and Foursquare in April of last year.
Amazon Web Services was not immediately available for comment. Evers, the Netflix spokesman, declined to comment on the company's contracts with Amazon.
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Netflix blames Amazon for Christmas Eve outage

An outage at one of Amazon's web service centers hit users of Netflix Inc's streaming video service on Christmas Eve and was not fully resolved until Christmas Day, a spokesman for the movie rental company said on Tuesday.
The outage impacted Netflix subscribers across Canada, Latin America and the United States, and affected various devices that enable users to stream movies and television shows from home, Netflix spokesman Joris Evers said. Such devices range from gaming consoles like the Nintendo Wii and PlayStation 3 to Blu-ray DVD players.
Netflix, which is based in Los Gatos, California, has 30 million streaming subscribers worldwide, of which more than 27 million are in the Americas region that was exposed to the outage and could have potentially been affected, Evers said.
Evers said the issue was the result of an outage at an Amazon Web Services' cloud computing center in Virginia and started at about 12:30 p.m. PST (2030 GMT) on Monday and was fully restored before 8:00 a.m. PST Tuesday morning, although streaming was available for most users by 11:00 p.m. PST on Monday.
The event marks the latest in a series of outages from Amazon Web Services, with one occurring in April of last year that knocked out such sites as Reddit and Foursquare.
"We are investigating exactly what happened and how it could have been prevented," Evers of Netflix said.
"We are happy that people opening gifts of Netflix or Netflix capable devices can watch TV shows and movies and apologize for any inconvenience caused last night," he added.
Officials at Amazon Web Services were not available for comment. Evers, the Netflix spokesman, declined to comment on the company's contracts with Amazon.
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Number of e-book readers increasing in United States: survey

NEW YORK (Reuters) - The popularity of electronic books is increasing in the United States, with nearly one-quarter of American bibliophiles reading e-books, according to a survey released on Thursday.
The number of e-readers aged 16 years and older jumped from 16 percent in 2011 to 23 percent this year, while print readers fell from 72 to 67 percent in 2012, in a survey conducted by the Pew Research Center.
"The move toward e-book reading coincides with an increase in ownership of electronic book reading devices," the organization said. Its report analyzed reading trends among the 75 percent of Americans who read at least one book in the last year.
"In all, the number of owners of either a tablet computer or e-book reading device ... grew from 18 percent in late 2011 to 33 percent in 2012."
E-book owners increased from 4 percent in May 2010 to 19 percent in November 2012, while people with tablets jumped from 3 percent to 25 percent during the same period, according to the report.
People most likely to read e-books are well-educated, 30- to 49-year-olds who live in households earning $75,000 or more.
More women, 81 percent, read books, compared to 70 percent of men, and the number of readers declines as people age. The trend toward e-books impacted libraries, which stocked and loaned more e-books.
"The share of recent library users who have borrowed an e-book from a library has increased from 3 percent last year to 5 percent this year," according to Pew.
Even awareness that library stock e-books has grown, from 24 percent late last year to 31 percent now.
The findings were based on a telephone survey of 2,252 people, aged 16 years and older, across the United States and a similar poll the year before. It had a 2.7 percent margin of error.
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China tightens Internet controls, legalizes post deletion

 China unveiled tighter Internet controls on Friday, legalizing the deletion of posts or pages which are deemed to contain "illegal" information and requiring service providers to hand over such information to the authorities for punishment.
The rules signal that the new leadership headed by Communist Party chief Xi Jinping will continue muzzling the often scathing, raucous online chatter in a country where the Internet offers a rare opportunity for debate.
The new regulations, announced by the official Xinhua news agency, also require Internet users to register with their real names when signing up with network providers, though, in reality, this already happens.
Chinese authorities and Internet companies such as Sina Corp have long since closely monitored and censored what people say online, but the government has now put measures such as deleting posts into law.
"Service providers are required to instantly stop the transmission of illegal information once it is spotted and take relevant measures, including removing the information and saving records, before reporting to supervisory authorities," the rules state.
The restrictions follow a series of corruption scandals amongst lower-level officials exposed by Internet users, something the government has said it is trying to encourage.
Li Fei, deputy head of parliament's legislative affairs committee, said the new rules did not mean people needed to worry about being unable to report corruption online. But he added a warning too.
"When people exercise their rights, including the right to use the Internet, they must do so in accordance with the law and constitution, and not harm the legal rights of the state, society ... or other citizens," he told a news conference.
Chinese Internet users already cope with extensive censorship measures, especially over politically sensitive topics like human rights and elite politics, and popular foreign sites Facebook, Twitter and Google-owned YouTube are blocked.
Earlier this year, the government began forcing users of Sina's wildly successful Weibo microblogging platform to register their real names.
The new rules were quickly condemned by some Weibo users.
"So now they are getting Weibo to help in keeping records and reporting it to authorities. Is this the freedom of expression we are promised in the constitution?" complained one user.
"We should resolutely oppose such a covert means to interfere with Internet freedom," wrote another.
The government says tighter monitoring of the Internet is needed to prevent people making malicious and anonymous accusations online, disseminating pornography and spreading panic with unfounded rumors, pointing out that many other countries already have such rules.
Despite periodic calls for political reform, the party has shown no sign of loosening its grip on power and brooks no dissent to its authority.
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Hunger strike pressures Canada PM, aboriginal protests spread

A Canadian aboriginal chief in the third week of a hunger strike is urging Prime Minister Stephen Harper to "open his heart" and meet with native leaders angered by his policies as small impromptu protests spread beyond Canada's borders.
Chief Theresa Spence from the remote northern Ontario community of Attawapiskat has been fasting since December 11 and has vowed to continue until Harper commits to talks on a litany of complaints, including new legislation that she says will harm native lands.
"He's a person with a heart but he needs to open his heart. I'm sure he has faith in the Creator himself and for him to delay this, it's very disrespectful, I feel, to not even meet with us," she said in an interview in Ottawa.
Spence is at the center of an unprecedented Canadian aboriginal protest movement called "Idle No More" that began with four women in the province of Saskatchewan raising awareness about the Conservative government's budget legislation passed earlier this month.
The legislation, which has also been criticized by opposition politicians, reduces environmental protections for lakes and rivers and makes it easier to sell reserve lands.
Aided by Facebook and Twitter, their protest proliferated and is now drawing comparisons to the "Occupy Wall Street" movement.
"Flash mob" protests with traditional dancing and drumming have erupted in dozens of shopping malls across North America. There have been rallies, marches and highway blockades by aboriginal groups across Canada and supporters have emerged from as far away as New Zealand and the Middle East.
The campaign aims to draw attention to dismal conditions faced by many of the country's 1.2 million natives, including poverty, unsafe drinking water, inadequate housing, addiction and high suicide rates.
'I'M WILLING TO DIE'
Camped out in a traditional teepee within sight of Ottawa's Parliament buildings, Spence appeared weak and short of breath but resolute on Thursday, Day 17 of her hunger strike, staying warm by a wood stove as a snow storm raged outside.
To critics who question her strategy and say her demands are too vague, Spence replies that she has run out of patience.
"I know it's hard for people to understand what I'm doing but it's for this pain that's been going on too long with our people," she said, sitting on her makeshift bed and flanked by supporters.
Blankets hung from the inside walls of the teepee and a faint aroma of cedar rose from branches spread on the ground. Spence is consuming only water, fish broth and a medicinal tea.
"It has to stop and I'm willing to suffer until the meeting goes on. Even if I don't make it, people will continue my journey. Like I keep saying, I'm willing to die for the people of First Nations because the suffering is too much," Spence said.
Spence was in the headlines last year when a housing crisis in her community forced people to live in tents in temperatures of minus 40 Fahrenheit (minus 40 Celsius).
The Canadian government suggested taxpayer funds were being squandered and appointed an outside adviser to oversee the town's finances, a move seen as insensitive and later rejected by the courts.
At the core of Spence's protest are what aboriginal groups say are unfulfilled promises by the federal and provincial governments dating back to treaties in the early 1900s that would give aboriginal groups a stake in natural resources development, among other benefits.
Many native communities are affected by mining developments or projects like Enbridge Inc's planned C$6 billion ($5.9 billion) Northern Gateway Pipeline. The project, which has yet to win government approvals, would take oil sands crude to the Pacific coast.
Harper met with native leaders in January but Spence says he imposed his own agenda. Harper's office declined to comment.
A spokesman for Aboriginal Affairs Minister John Duncan said the minister has tried repeatedly to reach Chief Spence.
"We will continue trying to engage the chief and other First Nation leaders to discuss how we can build on the progress we have made since 2006," said the spokesman, Jason MacDonald.
MacDonald said Ottawa had built and renovated schools and homes, invested in safe drinking water, introduced legislation to protect the rights of women on reserves and settled over 80 land claims.
Health minister Leona Aglukkaq, the one aboriginal member of Harper's cabinet, urged Spence on Friday to resume eating and to meet with Duncan.
SIMILAR TO 'OCCUPY' MOVEMENT?
Meanwhile, with the help of social media the Idle No More movement has taken on a life of its own in much the same way the first "Occupy Wall Street" camp gave birth to a multitude of "occupy" protests with no specific demand or leadership.
But Peter Russell, an expert in aboriginal politics at the University of Toronto, says unlike the "99 percent" campaign, aboriginals at just 3 percent of the population historically have taken drastic action to be recognized. He sees no sign "Idle No More" will dissipate soon.
Events listed on the group's Web site for Friday include rallies in Los Angeles and London, where protesters plan to present Queen Elizabeth with a letter.
But organizers say they've lost track. Their initial Facebook page has 33,000 members and the Twitter hash tag was mentioned 40,000 times in a single day at its peak on December 21.
"This has spread in ways that we wouldn't even have imagined," said Sheelah McLean, an instructor at the University of Saskatchewan who was one of the four women who originally coined the "Idle No More" slogan.
"I don't think the hash tag is the most important thing that has happened," she said.
"What this movement is supposed to do is build consciousness about the inequalities so that everyone is outraged about what is happening here in Canada. Every Canadian should be outraged.
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U.S. appeals court revives workplace cybertheft lawsuit

 In a decision that could make it easier for businesses to police cybertheft in the workplace, a U.S. appeals court revived a chemical company's lawsuit accusing a former Toronto-area employee of using her home computer to steal trade secrets from its Connecticut server.
Reversing a lower court ruling, the 2nd U.S. Circuit Court of Appeals in New York said U.S.-based MacDermid Inc may pursue civil damages claims against a former account manager under Connecticut state law, even though she conducted her alleged improper activity from her home in Fort Erie, Ontario.
Wednesday's decision may make it easier for U.S. companies to crack down on alleged computer theft that occurs in remote locations, including outside the country. In recent years, U.S. courts increasingly have dealt with cases involving downloads of corporate information by employees, both in criminal cases brought by prosecutors and civil cases filed by companies.
Jackie Deiter, the MacDermid account manager, had worked for the Waterbury, Connecticut-based company's MacDermid Chemicals unit in Mississauga, Ontario, from May 2008 until her termination in April 2011 for reasons unrelated to the lawsuit.
The company accused her of violating Connecticut laws on unauthorized computer access and misappropriating trade secrets by emailing customer data, laboratory reports, and pricing lists drawn from its Waterbury server. It said this occurred soon after Deiter had learned she was about to be fired.
Deiter admitted to emailing materials, but said in court papers that she did so for her job, and because she could not print at home from her employer-issued laptop.
U.S. District Judge Warren Eginton in New Haven, Connecticut said in November 2011 that he had no jurisdiction over MacDermid's lawsuit because Deiter had merely emailed information "from one computer in Canada to another computer in Canada."
But a unanimous three-judge panel of the 2nd Circuit said MacDermid's server was a computer under Connecticut law, and that it did not matter that Deiter had accessed it from outside the state, which she had never visited.
"Most Internet users, perhaps, have no idea of the location of the servers through which they send their emails," Circuit Judge Barrington Parker wrote for the panel.
"Here, however, MacDermid has alleged that Deiter knew that the email servers she used and the confidential files she misappropriated were both located in Connecticut," he added.
Parker also said "efficiency and social policies against computer-based theft are generally best served" by handling lawsuits in the states where computer files are misappropriated.
William Charamut, a lawyer for Deiter, declined to comment. Lawyers for MacDermid did not immediately respond to requests for comment. No criminal charges have been filed against Deiter.
In February, the 2nd Circuit threw out a federal criminal case against a former Goldman Sachs Group Inc computer programmer, saying his alleged theft of high-frequency trading code was not a crime under federal law.
Six months later, Manhattan District Attorney Cyrus Vance brought New York state criminal charges against the programmer, Sergey Aleynikov, over the same activity. Aleynikov has pleaded not guilty.
The 2nd Circuit has jurisdiction in Connecticut, New York and Vermont. It is among the more influential federal appeals courts, and other circuits often follow its reasoning.
The case is MacDermid Inc v. Deiter, 2nd U.S. Circuit Court of Appeals, No. 11-5388.
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Samsung finds new enemy in U.S. patent war

Samsung (005930) has filed a complaint with the United States International Trade Commission requesting an import and sales ban on a variety of Ericsson (ERIC) products. The company’s move comes after Ericsson filed a similar request with the agency last week. Samsung previously accused Ericsson of asking for “prohibitively higher royalty rates to renew the same patent portfolio” and that it will defend itself against a lawsuit.
[More from BGR: Microsoft Surface trampled at the bottom of the tablet pile this Christmas]
Samsung said in a statement to Reuters that it attempted to “negotiate with Ericsson in good faith, however Ericsson has proven unwilling to continue such negotiations by making unreasonable claims, which it is now trying to enforce in court.”
[More from BGR: Mark Cuban: Nokia Lumia 920 ‘crushes’ the iPhone 5]
Samsung is now accusing Ericsson of infringing upon seven of its patents concerning telecommunications networking equipment. Ericsson’s networking unit has seen a significant drop in sales, down 17% in the third quarter, and like many other companies in the mobile space is turning to the courts to boost its bottom line.
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Google extends free Gmail voice calling through 2013

Google (GOOG) announced on Monday on the Official Gmail Blog that its free Gmail voice calling service will be extended through 2013 in the U.S. and Canada. The company has provided free domestic calling within the U.S. and Canada for the last two years, further extending the complimentary service repeatedly just before the new year. Google product manager Mayur Kamat didn’t detail why the company is extending the service in his post on the company’s blog. It’s still unclear why Google is keeping free Gmail voice calls separate from its Google Voice service bit either way, free is free and we’re not complaining.
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U.S. charges analyst in IBM insider trading case

WASHINGTON (Reuters) - U.S. authorities on Wednesday announced charges against a research analyst for trading and tipping others ahead of a 2009 acquisition by computer giant IBM, expanding a related insider trading case filed last month.
Federal prosecutors charged Trent Martin, who worked at a Connecticut brokerage firm, for purchasing shares of SPSS before IBM agreed to the $1.2 billion deal. He was also charged with passing the information to others, including his roommate.
On November 29 the Justice Department and the Securities and Exchange Commission charged two former stockbrokers, including Martin's roommate, for their roles in the alleged insider trading scheme.
The three and others made more than $1 million by trading ahead of the acquisition, prosecutors said.
Martin was specifically named as the source of the information in instant messages between the two brokers, Thomas Conradt and David Weishaus, authorities said.
In a July 2009 message, referring to Martin by name, Conradt wrote: "holy f*** . . . god trent told me not to tell anyone . . . big mistake," according to the indictment unsealed on Wednesday.
Weishaus responded, "eh, we'll get rich."
Martin, an Australian citizen, was arrested on December 22 in Hong Kong, the Justice Department said. Martin could not immediately be reached for comment.
The Securities and Exchange Commission, which filed related civil charges against Martin on Wednesday, said he fled the United States to Australia soon after learning about the SEC's investigation.
IBM agreed to pay $50 per share for SPSS, a 42 percent premium to SPSS' closing price on the day before the purchase was announced.
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Apple still can’t build enough iPad minis

A common issue often presents itself when Apple (AAPL) launches new products: it can’t build them fast enough. We’ve seen it time and time again, most recently when Apple launched the iPhone 5 and 150,000 dedicated factory workers still couldn’t keep up with demand. Now, a report has surfaced claiming that Apple’s manufacturing partners in the Far East can’t build units fast enough to keep pace with Apple’s iPad mini orders.
[More from BGR: Microsoft Surface trampled at the bottom of the tablet pile this Christmas]
According to Digitimes’ supply chain sources, Apple’s parts suppliers have prepared enough components to build between 10 million and 12 million iPad mini tablets in the fourth quarter to accomodate heavy demand. Apple’s manufacturing partners are only expected to ship 8 million assembled units, however.
[More from BGR: Mark Cuban: Nokia Lumia 920 ‘crushes’ the iPhone 5]
The report states that yield rates are improving though, and Apple is expected to ship 13 million iPad mini tablets in the first quarter of 2013.
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Selling flak jackets in the cyberwars

SAN FRANCISCO (Reuters) - When the Israeli army and Hamas trade virtual blows in cyberspace, or when hacker groups like Anonymous rise from the digital ether, or when WikiLeaks dumps a trove of classified documents, some see a lawless Internet.
But Matthew Prince, chief executive at CloudFlare, a little-known Internet start-up that serves some of the Web's most controversial characters, sees a business opportunity.
Founded in 2010, CloudFlare markets itself as an Internet intermediary that shields websites from distributed denial-of-service, or DDoS, attacks, the crude but effective weapon that hackers use to bludgeon websites until they go dark. The 40-person company claims to route up to 5 percent of all Internet traffic through its global network.
Prince calls his company the "Switzerland" of cyberspace - assiduously neutral and open to all comers. But just as companies like Twitter, YouTube and Facebook have faced profound questions about the balance between free speech and openness on the Internet and national security and law enforcement concerns, CloudFlare's business has posed another thorny question: what kinds of services, if any, should an American company be allowed to offer designated terrorists and cyber criminals?
CloudFlare's unusual position at the heart of this debate came to the fore last month, when the Israel Defense Forces sought help from CloudFlare after its website was struck by attackers based in Gaza. The IDF was turning to the same company that provides those services to Hamas and the al-Quds Brigades, according to publicly searchable domain information. Both Hamas and al-Quds, the military wing of the Palestinian Islamic Jihad, are designated by the United States as terrorist groups.
Under the USA Patriot Act, U.S. firms are forbidden from providing "material support" to groups deemed foreign terrorist organizations. But what constitutes material support - like many other facets of the law itself - has been subject to intense debate.
CloudFlare's dealings have attracted heated criticism in the blogosphere from both Israelis and Palestinians, but Prince defended his company as a champion of free speech.
"Both sides have an absolute right to tell their story," said Prince, a 38-year old former lawyer. "We're not providing material support for anybody. We're not sending money, or helping people arm themselves."
Prince noted that his company only provides defensive capabilities that enable websites to stay online.
"We can't be sitting in a role where we decide what is good or what is bad based on our own personal biases," he said. "That's a huge slippery slope."
Many U.S. agencies are customers, but so is WikiLeaks, the whistle-blowing organization. CloudFlare has consulted for many Wall Street institutions, yet also protects Anonymous, the "hacktivist" group associated with the Occupy movement.
Prince's stance could be tested at a time when some lawmakers in the United States and Europe, armed with evidence that militant groups rely on the Web for critical operations and recruitment purposes, have pressured Internet companies to censor content or cut off customers.
Last month, conservative political lobbies, as well as seven lawmakers led by Ted Poe, a Republican from Texas, urged the FBI to shut down the Hamas Twitter account. The account remains active; Twitter declined to comment.
MATERIAL SUPPORT
Although it has never prosecuted an Internet company under the Patriot Act, the government's use of the material support argument has steadily risen since 2006. Since September 11, 2001, more than 260 cases have been charged under the provision, according to Fordham Law School's Terrorism Trends database.
Catherine Lotrionte, the director of Georgetown University's Institute for Law, Science and Global Security and a former Central Intelligence Agency lawyer, argued that Internet companies should be more closely regulated.
"Material support includes web services," Lotrionte said. "Denying them services makes it more costly for the terrorists. You're cornering them."
But others have warned that an aggressive government approach would have a chilling effect on free speech.
"We're resurrecting the kind of broad-brush approaches we used in the McCarthy era," said David Cole, who represented the Humanitarian Law Project, a non-profit organization that was charged by the Justice Department for teaching law to the Kurdistan Workers' Party, which is designated by the United States as a terrorist group. The group took its case to the Supreme Court but lost in 2010.
The material support law is vague and ill-crafted, to the point where basic telecom providers, for instance, could be found guilty by association if a terrorist logs onto the Web to plot an attack, Cole said.
In that case, he asked, "Do we really think that AT&T or Google should be held accountable?"
CloudFlare said it has not been contacted about its services by the U.S. government. Spokespeople for Hamas and the Palestinian Islamic Jihad, told Reuters they contracted a cyber-security company in Gaza that out-sources work to foreign companies, but declined to comment further. The IDF confirmed it had hired CloudFlare, but declined to discuss "internal security" matters.
CloudFlare offers many of its services for free, but the company says websites seeking advanced protection and features can see their bill rise to more than $3,000 a month. Prince declined to discuss the business arrangements with specific customers.
While not yet profitable, CloudFlare has more than doubled its revenue in the past four months, according to Prince, and is picking up 3,000 new customers a day. The company has raked in more than $22 million from venture capital firms including New Enterprise Associates, Venrock and Pelion Venture Partners.
Prince, a Midwestern native with mussed brown hair who holds a law degree from the University of Chicago, said he has a track record of working on the right side of the law.
A decade ago, Prince provided free legal aid to Spamhaus, an international group that tracked email spammers and identity thieves. He went on to create Project Honey Pot, an open source spam-tracking endeavor that turned over findings to police.
Prince's latest company, CloudFlare, has been hailed by groups such as the Committee to Protect Journalists for protecting speech. Another client, the World Economic Forum, named CloudFlare among its 2012 "technology pioneers" for its work. But it also owes its profile to its most controversial customers.
CloudFlare has served 4Chan, the online messaging community that spawned Anonymous. LulzSec, the hacker group best known for targeting Sony Corp, is another customer. And since last May, the company has propped up WikiLeaks after a vigilante hacker group crashed the document repository.
Last year, members of the hacker collective UgNazi, whose exploits include pilfering user account information from eBay and crashing the CIA.gov website, broke into Prince's cell phone and email accounts.
"It was a personal affront," Prince said. "But we never kicked them off either."
Prince said CloudFlare would comply with a valid court order to remove a customer, but that the Federal Bureau of Investigation has never requested a takedown. The company has agreed to turn over information to authorities on "exceedingly rare" occasions, he acknowledged, declining to elaborate.
"Any company that doesn't do that won't be in business long," Prince said. But in an email, he added: "We have a deep and abiding respect for our users' privacy, disclose to our users whenever possible if we are ordered to turn over information and would fight an order that we believed was not proper."
Juliannne Sohn, an FBI spokeswoman, declined to comment.
Michael Sussmann, a former Justice Department lawyer who prosecuted computer crimes, said U.S. law enforcement agencies may in fact prefer that the Web's most wanted are parked behind CloudFlare rather than a foreign service over which they have no jurisdiction.
Federal investigators "want to gather information from as many sources as they can, and they're happy to get it," Sussmann said.
In an era of rampant cyber warfare, Prince acknowledged he is something of a war profiteer, but with a wrinkle.
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Samsung Smart TVs: The next frontier for data theft and hacking [video]

Smart TVs, particularly Samsung’s (005930) last few generations of flat screens, can be hacked to give attackers remote access according to a security startup called ReVuln. The company says it discovered a “zero-day exploit” that hackers could potentially use to perform malicious activities that range from stealing accounts linked through apps to using built-in webcams and microphones to spy on unsuspecting couch potatoes. Don’t panic just yet, though. In order for the exploit to be activated, a hacker needs to plug a USB drive loaded with malicious software into the actual TV to bypass the Linux-based OS/firmware on Samsung’s Smart TVs. But, if a hacker were to pull that off, every piece of data stored on a Smart TV could theoretically be retrieved.
[More from BGR: Has the iPhone peaked? Apple’s iPhone 4S seen outselling iPhone 5]
[More from BGR: Dell confirms it will exit smartphone business, drop Android]
As if the possibility of someone stealing your information and spying on you isn’t scary enough, according to ComputerWorld, “it is also possible to copy the configuration of a TV’s remote control, which would allow a hacker to copy the remote control’s settings, and remotely change the channel.”
ReVuln told The Register it hasn’t informed Samsung of the vulnerability and plans to sell the details of in hopes of “speeding up” development of a fix. A video of the exploit as proof from ReVuln follows below.
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92K Missourians affected by insurance data breach

JEFFERSON CITY, Mo. (AP) -- State officials say the personal information of more than 92,000 Missourians was accessed by potential identity thieves who hacked the computer systems of Nationwide Insurance, which also does business as Allied Insurance.
Missouri's insurance department said Friday the Oct. 3 data breach could affect more than 1.1 million people across the country who did business with Nationwide or Allied.
Missouri's insurance director says the breach affected the records of people who got quotes for auto insurance after August 2011. The department says Nationwide believes the hackers accessed names, Social Security numbers, driver's license numbers and birth dates, among other things.
Nationwide is offering free credit monitoring and identity theft protection to people affected by the data breach. The insurer says it's not aware that the information has been misused.
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18 million Android devices could get whacked with malware in 2013

One security firm on Thursday claimed that 2013 will be the year of mobile malware for Android users, however no specific numbers had been given. The team at Lookout Mobile Security has painted a similar picture for Google’s (GOOG) operating system. The firm notes that more than 1.2 billion mobile devices are expected to be purchased in 2013 and in the following year users are forecasted to download over 70 billion mobile apps. Due to Android’s popularity, it is estimated that 18 million devices running the operating system may encounter some form of mobile malware. The likelihood that users will encounter malware or spyware, however, is heavily dependent on geographical location and behavior. Research from the security firm reveals that users in the U.S. have a 0.40% chance of seeing malware, compared those in Russia with a 34.7% chance.
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PUC approves writing rules for smart meter opt-out

EL PASO, Texas (AP) -- The Public Utility Commission has decided to develop a set of rules so consumers can opt out of the smart meters installed in millions of Texas homes and businesses.
Consumers have opposed the new meters, citing possible health hazards and privacy concerns. Some have installed steel cages around their analog meters to prevent utility workers from replacing them with the new digital units and one Houston woman held a gun to impede a utility worker from replacing her meter.
PUC spokesman Terry Hadley said Friday that an opt-out would leave already-installed smart meters in place but disable the devices' radio frequency capabilities.
A draft of the new rules will be written and submitted for public comment, Hadley said. After that, the PUC will vote again on whether to adopt them, which means there's still a chance the opt-out will fail. But, he said, "at this point the Commission is leaning toward an opt-out."
It will take several months until the new proposal is drafted and voted, Hadley said.
Smart meters allow for remote metering via radio frequency and are make the billing process cheaper since there is no need to send utility workers to read them. The meters also provide real-time information on energy consumption and help utilities prevent grid overloads during peak times. They also report to the utility when there is a power outage, making reconnection faster.
In websites and meetings organized by PUC, those against smart meters have spoken of possible government snooping and violations of the Fourth Amendment —unreasonable search and seizure — as well as the chance that hackers could access people's information from the meters.
On a petition template that's posted on www.bantexassmartmeters.com , meters are called "surveillance devices" because they record the household occupants' activities and can be used to "gain a highly invasive and detailed view" of their lives. Smart meters record consumption in 15-minute intervals.
Health hazards from the radio frequencies emitted by the meters have also been cited. The Public Utilities Commission says the meters have a lower impact than cellphones and microwave ovens and are well within Federal Communications Commission's standards for radio frequency devices.
It's likely that consumers who opt out will have to pay to have their meters read. As part of the rule-writing process, the Commission will gather information on how much it costs to send employees to read the meters and what disabling the radio frequency device would cost.
Users in California and Nevada pay between $75 and $107 to have the devices replaced along with monthly fees ranging from $8 to $10 to have the meters read. Meanwhile, Vermont legislators decided in May that utilities cannot charge users that opt out.
About 93 percent of the nearly 7 million smart meters in Texas' competitive markets for electricity, mainly in Houston and the Dallas-Fort Worth area, have been deployed, Hadley said.
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