Missing Mary Road

The Free Software Foundation today launched a campaign against Microsoft Corp.’s upcoming Windows 7 operating system, calling it ‘treacherous computing’ that stealthily takes away rights from users. At the Web site Windows7Sins.org, the Boston-based FSF lists the seven ’sins’ that proprietary software such as Windows 7 commits against computer users. They include: Poisoning education, locking in users, abusing standards such as OpenDocument Format (ODF), leveraging monopolistic behavior, threatening user security, enforcing Digital Rights Management (DRM) at the request of entertainment companies concerned about movie and music piracy, and invading privacy. ‘Windows, for some time now, has really been a DRM platform, restricting you from making copies of digital files,’ said executive director Peter Brown. And if Microsoft’s Trusted Computing technology were fully implemented the way the company would like, the vendor would have ‘malicious and really complete control over your computer.”

for the rampant facebooker’s.

Facebook as Evidence

In today’s modern world of technology which includes Internet-based social networking and the accompanying rise in the sharing of personal information, a recent Ontario Court of Appeal decision, Leduc v. Roman (“Leduc”), has concluded that such personal information is a legitimate form of documentary evidence for civil litigation cases.

Social networking websites, such as Facebook, provides the opportunity for millions of internet users to connect, interact and, at times, share personal information with other online users ultimately creating “online communities” of individuals that share common interests. The sharing of personal information is done via postings on community member “walls” (a space on users’ profile pages that allows community members to post messages for the user or other members to view), “photos” and “videos” (where users can upload albums, photos and videos); and “status” which allows users to inform community members of their whereabouts and actions.

Leduc was involved in a motor vehicle accident wherein he alleged that as a result of Roman’s negligent driving his enjoyment of life had lessoned, in particular his personal life.

Leduc maintained a Facebook account but with restricted access permitting only those who were personally authorized by him (Facebook “friends”) to view his personal information. Those who did not receive Leduc’s authorization were not categorized as a Facebook “friend” and subsequently only able to view information commonly available for all to see such as his name, photo and city of residence. Despite not having “friend” status, Roman’s counsel requested that Leduc produce contents of his Facebook profile pages to ascertain whether or not his claim was genuine. Leduc refused to produce the Facebook pages on his private setting. As a result Roman sought an order from the court to obtain access to the information on the private setting.

The Court of Appeal granted Roman the opportunity to cross examine Leduc to determine if any information on his private setting would be relevant to the litigation and if so, to produce it. In making this order the court stated, “to permit a party claiming very substantial changes damages for loss of enjoyment of life to hide behind self-set privacy controls on a website, the primary purpose of which is to enable people to share information about how they lead their social lives, risks depriving the opposite party of access to material that may be relevant to ensuring a fair trial.”

The Court of Appeal appears to have been persuaded by the fact that Facebook, as a social networking site, is a means by which one can reveal one’s personal life to others, and for that reason is likely to contain relevant information about how one leads their life. Accordingly, despite privacy controls and settings, the contents of a social networking website can be disclosed to a third party but only if the contents are relevant. One cannot go on a fishing-expedition of all profile materials that do not relate to the matter or are overly broad.

This case illustrates that the development of social networking sites opens the door to new sources of evidence; evidence which litigants may now obtain and rely on as potentially key information that would have only been previously captured through surveillance. The information of course has to be relevant.

For employers, information contained on an employee’s profile may be useful in cases involving disability management whereby an employer may have the ability to obtain valuable information regarding the employee’s daily physical activities, or in cases involving wrongful dismissal claims whereby an employer may be able to obtain information regarding the employee’s efforts, or lack thereof, to find alternate employment.

Extreme economic problems require extreme solutions, and Wells Fargo Bank has come up with a good one. They have decided to sue themselves. Wells Fargo holds the first and second mortgages on a condominium that is going into foreclosure. As holder of the first, they are suing all other lien holders, including the holder of the second, which is Wells Fargo. It gets better. The company has hired a lawyer to defend itself against its own lawsuit. The defense lawyer even filed this answer to the complaint, “Defendant admits that it is the owner and holder of a mortgage encumbering the subject real property. All other allegations of the complaint are denied.” On the website The Consumer Warning Network, Angie Moreschi wrote: “We’ve apparently reached the perfect storm for complete and utter idiocy by some banks trying to foreclose on homes.

all things pakistan have an interesting post which i was reflecting upon here. i hope they don’t mind me posting the whole thing here but it’s worth reading and i really think you should. it trivializes the whole islamization (which i have no issue with) along with extremism (which i do have an issue with), process spreading like a disease in pakistan. the so called ‘maulana’s’ have infiltrated most of the major cities as well and are now clashing with the local political groups. what i did want to bring to light is trying to give an understanding of how close minded and narrow minded such people are and how hard it is to reason or converse with them. and this is also why negotiations with them has been extremely hard as well.

As the politics of intrigue and rumor heats up, even more, in Pakistan and after the recent dramatic political events, the news of Pakistan’s most important existential battle – against the extremism of the Taliban and their ilk – seems to have slid off the front pages.

Yet, a news item in The News reminds us that the murderous militants are now setting their eyes towards District Dir, after gaining control of Swat. One got a better glimpse into the mind of one of the key players in the Swat saga, Sufi Mohammed, in an interview given to Daily Times’ Peshawar Bureau Chief Iqbal Khattak. Speaking in Mingora, the 74 year-old father-in-law of militant leader Fazlulah gives many important glimpses into his own thinking and priorities.

Here is the interview published in Daily Times:

You said in a 2005 interview with us that what Al Qaeda and the Taliban are doing in Pakistan is haram. Are Fazlullah’s activities over the last sixteen months also haram?
Sufi Muhammad: Yes, I said that about Al Qaeda, but not about the Taliban. Let me say…that debate on past happenings is disallowed in Islam. A hadith sharif says, what has happened in the past should not be discussed.

But how can we proceed without debating the past?
The hadith sharif says a Muslim should not discuss past happenings because he may not remember all the [details] and, therefore, he may…sin by not speaking the truth.

A majority of Swat residents do not think the peace deal recently signed between the TNSM and the NWFP government will last long.
God Almighty does everything; he builds and destroys countries.

Residents also doubt whether peace is possible in the presence of armed Taliban.
Everyone keeps weapons. People in Peshawar have weapons with them.

You support keeping weapons?
Yes, you can keep weapons with you.

Did you ask Fazlullah to surrender weapons after the sharia law deal?
Keeping weapons is halal in Islam.

President Zardari said recently that force would be used if the Taliban do not surrender weapons in Swat.
His statement is childish…immature.

With sharia law in Swat, there will be a complete ban on music and girls’ education, and people will be forced to grow beards?
There are five subjects — judiciary, politics, economics, education and the executive. The judicial subject will be with us, the rest is beyond our control.

The Taliban are kidnapping government officials and killing soldiers, yet you still hold the army responsible for ceasefire violations.
Kidnapping cases are taking place all over the world. The military violated the ceasefire.

The military says some of its soldiers were shot dead while bringing water.
No. This is not the case. The soldiers were not killed near any stream.

Are soldiers moving freely in Swat after the peace deal?
No. The military cannot move freely unless peace is restored.

After peace is restored, will the army leave Swat?
This is Pakistan’s army and Swat is within Pakistan’s borders. I will have no objection if a military cantonment is established here.

Locals say innocent people have been killed. Will the aggrieved families be able to get justice?
I have told you already: we will not discuss what has happened in the past. Sharia law does not allow this.

If a court summons a key Taliban commander, will he appear before the court?
If Caliph Umar (RA) can appear before a court, then why can’t others?

So Fazlullah will also appear in court if summoned?
If he does not… he will be acting against the sharia law.

What you did in Malakand in the 1990s and then in Afghanistan in 2001 you called ‘jihad’. Are Fazlullah’s activities over the last 16 months in Swat also jihad?
I do not want to speak on this.

What are Fazlullah’s plans after the peace deal?
He will support imposition of sharia law.

You have termed democracy ‘infidelity’. But Maulana Sami-ul Haq, Maulana Fazlur Rehman and Qazi Hussain Ahmad are taking part in the democratic process.
Democracy is not permissible in sharia law. I will not name [these leaders] but they are taking part in infidelity. I will not offer prayers if one of [these leaders] is leading those prayers.

Do you intend to export sharia law to other parts of Pakistan?
If people help me, I will. Otherwise, no.

just following up on the pirate bay trial as it continues. trust me when i say it’s well worth the read.

day 7

day 8

day 9

also…as a bonus, here’s a great rebuttal by the defendants and other interested and vested parties about why the music industry is wrong about why their sales are decreasing and why file sharing has nothing to do with it and how they are just swinging an axe in their own foot.

the pirate bay has been under a whole lot of legal scrutiny lately and has gone to trial against the big media in sweden and the court case has been on going for a few days now. torrent freak has been keeping a very close watch on the trial and been summarizing day to day activities. it’s definitely worth reading, especially since this court case may end up shutting down the largest bittorrent site on the web. the pirate bay have always said they have done nothing illegal and are rightly defending themselves in my opinion. they’re been accused of providing a service to find content, rather than physically providing the infringing data, something even a company like Google does. it’s like saying that if a guy goes to a bar, gets drunk, starts driving and gets into an accident, it’s the bar’s fault for providing the person with the alcohol. i’m keeping a close watch on this court case and i’ve provided the links below as a quick summary. i’m with TPB on this one.

Day 1 in Trial

Day 2 in Trial

Day 3 in Trial

Day 4 in Trial

Day 5 in Trial

According to the BBC Urdu, the FBI has conceded that Dr. Afia Siddiqi who had vanished from Karachi over five years ago in March 2003 along with her children is in the custody of American forces in Afghanistan but sadly in a horrid medical condition.

The information comes from BBC, when it received an email from lawyers based in the US hired by Dr. Afia?s brother to try and help influence the release of her sister who has been allegedly been in the custody of American forces. The lawyers claims that on Thursday an agent from the FBI came to Dr. Afia Siddiqui?s brothers house and admitted to the fact that Dr. Afia is indeed in solitary confinement within a prison in Afghanistan and in serious medical condition.

It may be recalled that over five years ago Dr. Afia suddenly disappeared from Karachi along with her three children never to be seen from again, both the Pakistani and American forces have never acknowledged her disappearance until probably now, five years after her kidnapping. The admittance may well be attributed to the immense media pressure created when a number of human rights organizations presented evidence of a certain prisoner-of-war known as Prisoner 650 who was in terrible medical condition within an American prison located in Afghanistan and they had reason to suspect that Prisoner 650 was Dr. Afia Siddiqui

BBC Urdu reports that since Thursday?s development family members have been running from pillar to post in an attempt to wrangle more information on the whereabouts of Prisoner 650, but authorities have been tight lipped about the issue.

In all the frantic developments over the past three days the family within Pakistan has been on the receiving end, of anonymous threatening phone calls to try and subdue them to remain quite on the entire international issue.

Hopefully, Pakistanis will unite to demand the release of all Pakistanis who were kidnapped in this way, and handed over to the US [FBI Wanted Report, hunting for Dr. Afia] and often kept in solitary confinement in secret detention centers and tortured.

This month’s announcement of a back-room deal between ISPs (internet service providers) and the big record companies to spy on suspected copyright infringers and reduce the quality of their internet connections is just the latest paragraph in the record industry’s long, self-pitying suicide note, and it’s left me wishing they’d just pull the trigger already and stop beating their chests and telling us all how unfair it all is.

Under the new scheme, the rule of law is replaced by a cosy inter-industry deal. Whereas before, anyone who wanted your ISP to spy on your internet connection would have had to show evidence to a judge and get a court order, now any joker who claims to be an aggrieved copyright holder can do so.

And whereas actual criminals are punished by judges who make rulings that are proportional to the offence, and which are calculated to minimise external harm, the new scheme allows ISPs and their pals in the record industry to randomly shake up your connection like a snow-globe, dropping some or all of your services ? whether you’re using your VoIP phone to speak to your dying granny in Australia or downloading the latest hit single from the guy who did the “Crazy Frog Song”.

Almost would be comical if the TSA were the equivalent of running a hotel called Fawlty Towers. This is reality unfortunately.

For arguing with a TSA agent, Robin Kassner wound up being slammed to the floor. She’s filed a lawsuit.

“I kept begging them over and over again get off of me … and they wouldn’t stop,” Kassner said.

And it wasn’t enough for another woman to show TSA agents nipple rings that set off a metal detector. The agents forced her to take them out.

Mandi Hamlin said, “I had to get pliers and pull it apart.”

In Chicago, people like Robert Perry are subjected to exhaustive security checks. He was patted down, his wheel chair was examined and his hands were swabbed, all in public view in a see-through room at the security checkpoint. Perry, 71, is not alone

“It’s humiliation,” Perry said.

Perry was also taken to a see-through room by a TSA agent when his artificial knee set off the metal detector.

“He yelled at me to get the belt off. ‘I told you to get the belt off.’ So I took the belt off. He ran his hands down over and pulled the pants down, they went down around my ankle,” Perry said.

At that point, Perry was standing in his underwear in public view. He asked to see a supervisor. That made things worse.

“She was yelling ‘I have power, I have power, I have power,” Perry said. The power to stop him from flying to Florida with his wife that day to celebrate their 50th wedding anniversary.

On the News Tab, KXB linked to an article in the New York Times regarding the relationship between the C.I.A. and Pakistan’s notorious intelligence agency, the I.S.I. Most recently, the I.S.I. is thought by some to have been behind the dastardly terrorist attack on the Indian Embassy in Kabul last month (see this story), though I don’t there is any conclusive evidence of that. Some in India have also blamed the I.S.I. for any number of terrorist attacks over the past six years, sometimes merely on suspicion.

But what is less talked about is the fact that American intelligence operations in Pakistan and Afghanistan have for years been deeply dependent on the I.S.I., even as Americans have known about the I.S.I.’s links to terrorists.

Given that history, it’s no surprise that the C.I.A. and the I.S.I. don’t trust each other at all:

But most C.I.A. veterans agree that no relationship between the spy agency and a foreign intelligence service is quite as byzantine, or as maddening, as that between the C.I.A. and Pakistan’s Directorate for Inter-Services Intelligence, or I.S.I.

It is like a bad marriage in which both spouses have long stopped trusting each other, but would never think of breaking up because they have become so mutually dependent.

Without the I.S.I.’s help, American spies in Pakistan would be incapable of carrying out their primary mission in the country: hunting Islamic militants, including top members of Al Qaeda. Without the millions of covert American dollars sent annually to Pakistan, the I.S.I. would have trouble competing with the spy service of its archrival, India. (link)

The article does offer one interesting explanation as to why the ISI might have, to begin with, cultivated ties with questionable individuals in the NWFP — ethnicity and language:

Even the powerful I.S.I., which is dominated by Punjabis, Pakistan’s largest ethnic group, has difficulties collecting information in the tribal lands, the home of fiercely independent Pashtun tribes. For this reason, the I.S.I. has long been forced to rely on Pashtun tribal leaders — and in some cases Pashtun militants — as key informants.

Also, sometimes the I.S.I. has been incredibly helpful to American interests:

Keep reading at SM.

A disgruntled city computer engineer has virtually commandeered San Francisco’s new multimillion-dollar computer network, altering it to deny access to top administrators even as he sits in jail on $5 million bail, authorities said Monday.

Terry Childs, a 43-year-old computer network administrator who lives in Pittsburg, has been charged with four counts of computer tampering and is scheduled to be arraigned today.

…

The damage is still being assessed, but authorities say undoing his denial of access to other system administrators could cost millions of dollars.

Officials also said they feared that although Childs is in jail, he may have enabled a third party to access the system by telephone or other electronic device and order the destruction of hundreds of thousands of sensitive documents.

Authorities have searched Childs’ home and car for a device that could be used in such an attack, but so far no such evidence has been found.

As part of his alleged sabotage, Childs engineered a tracing system to monitor what other administrators were saying and doing related to his personnel case, law enforcement officials said.

Bell Canada Inc., accused last week by Google Inc. of breaking the law by slowing broadband connections, has fired back and said if anybody is acting as the internet’s gatekeeper and furthering its own interests, it’s the search engine company.

“If there is, indeed, any gatekeeping activity on the internet, which is questionable, the gatekeeping is being performed by the internet search engines, which are typically the users’ window to the near-infinite content available worldwide,” Bell wrote in a Friday submission to the Canadian Radio-television and Telecommunications Commission and made public on Tuesday.

back in 2006, i wrote about the death of habeas corpus and what the lack thereof means to the general population globally, and how the US has done much to ignoring the rights of americans in this regard. seem like great britain is following suit and bob geldof (from the boomtown rats, live aid and the wall fame) has come up with a very serious and in-depth op-ed in the telegraph on what it means to be living in an orwellian world and how pathetically the rights of average citizens are being stolen away from us.

Still today, 800 years later, Magna Carta resonates: “To no man will we deny, To no man will we delay, Justice and Right.” Is that not grand, worthy of your vote? Is habeas corpus to be traduced in one sad moment of political expediency? Do we not clearly deny and delay Justice and Right when we imprison a person for 42 days without charge?

What existential threat do we face greater than those of the past 800 years? What great terror exists today that not civil war, not world war, nor recent other terrorisms could make our forefathers change the fundamental basis of this state? What is so dangerous that our oldest statutes could be upended for such a ha’p'orth of momentary panic?

What terrorises the terrorists is our civilisation. What those unthinking fools of fundamentalism fear most are the freedoms our representatives now strip away. This “war on terror” is against Islamist forces that reject the Enlightenment.

How can we ever succeed, if we side with our opponents in rejecting those ideals? Every moment we are spied on by the invisible watchers, every time we are monitored, every time we are logged on databanks, they win. And every time we accept it, we lose.

Why should I carry an ID card? I own my identity – nobody else. The war on terror is no answer. ID cards did not stop the bombers in Germany or Spain. Nor does it diminish crime, nor illegal immigration. And if for some mad authoritarian reason they are introduced, stand by for a brisk trade in false British ID cards.

Dell is guilty of fraud, false advertising, deceptive business practices, and abusive debt collection practices, according to a ruling by the New York State Supreme Court. Damages have yet to be determined, but Dell maintains that it is committed to offering the best possible service. I have always claimed that I’d never buy a Dell machine. This proves exactly why I will not. The list in this article is unbelievably long and it’s remarkable what all Dell was able to get away with. Their machines have never worked for me and this just gives me another reason never to support them.