Josh Harkinson

Josh Harkinson


Born in Texas and based in San Francisco, Josh covers tech, labor, drug policy, and the environment. PGP public key.

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Unredacted Court Docs Reveal Yahoo's Name and Other Top-Secret Stuff

| Fri Sep. 12, 2014 4:59 PM EDT

Yahoo has just released 1,500 pages of previously classified documents relating to its legal challenge to the government's warrantless wiretapping program. Yahoo lost the case in 2008 and was ordered to cooperate with National Security Agency or face a $250,000 fine for every day that it withheld its customers' data. The ruling in Foreign Intelligence Surveillance Court, which was released to the public only in heavily redacted form, became a legal precedent for the warrantless wiretapping program that was later revealed by NSA whistleblower Edward Snowden.

Today, based on a successful appeal by Yahoo, a slightly less redacted version of that court ruling finally became public.

Below, I've posted the more lightly redacted version released today as well as the redacted version of the ruling released in 2008. A side-by-side reading of the two documents may offer some insight into how the government has sought to cover up the true nature of its surveillance activities, or it might just be an example of how little has changed.

The new version of the ruling is notable for what it doesn't disclose: Key evidence presented by the government. A block of text that had previously been removed from the ruling still does not fully explain why warrantless searches are necessary to thwart terrorists:

Scanning the 1,500 pages of newly unsealed documents will take a while. Here are few examples of new information contained in the partially unredacted ruling:

  • The name of the plaintiff (Yahoo) and its law firm
  • A footnote defining the term "surveillance" to mean "acquisitions of foreign intelligence information." But part of the definition of the term still remains redacted.
  • The date when the government moved to force Yahoo to comply with the order (November 21, 2007)
  • A mention of "linking procedures" (defined as "procedures that link [redacted] targets.") as a one of the safeguards against unreasonable searches

You can help us out by pointing out any other interesting tidbits in the comments; we'll note additional highlights here if we find anything worth noting.

The slightly less redacted ruling released today:




The original redacted court ruling:




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Does the Web Seem Way Slow Today? It May Be Soon If You Don't Get in the FCC's Face

| Wed Sep. 10, 2014 5:14 PM EDT

No, the internet isn't actually broken today. Those spinning wheels of death you may have seen on Netflix, Tumblr, Reddit, Mozilla, and hundreds of other sites are part of Internet Slowdown Day, an effort to show what might happen if the internet actually did get broken by the bureaucrats at the Federal Communication Commission. The FCC will soon vote on a proposal to essentially eliminate net neutrality, the policy that forces internet providers such as Comcast and AT&T to treat all internet traffic the same. Here are five things you should know about what's happening today:

The Participating websites aren't actually slower: Not even Netflix is crazy enough to make a political statement by throttling itself. The spinning page-load symbols on participating sites are just widgets (see below), which anyone can download here. Some activists are also replacing their social media profile pics with images like this:

In this sense, Internet Slowdown Day is very similar to the SOPA blackout of 2012, when people and major sites across the internet blackened their logos and profile pictures to protest the Stop Online Piracy Act, which would have given the federal government wide latitude to enforce copyright law. SOPA showed that when major internet companies team up with grassroots activists, politicians tend to listen.

The real story is who is not participating: Although Google claims to support net neutrality, it's conspicuously silent about Internet Slowdown Day. Last year, Wired's Ryan Singel noted that the terms of service for Google Fiber, the company's relatively new ISP division, included some of the same provisions that Google had long decried as hostile to an open internet. By prohibiting customers from attaching "servers" to its network, Google Fiber was contradicting the principle of treating all packets of information equally, prompting Singel to accuse the search giant of a "flip-flop" on net neutrality. It's not that simple, of course, but tech companies such as Google clearly have much less to gain from net neutrality now that they're multibillion-dollar behemoths. Even if they don't take on the role of actual ISPs, large tech firms can easily afford to pay cable companies for faster service, creating a competitive firewall between their services and those offered by leaner startups.

In america, every day is already an internet slowdown day: Pushing internet traffic into "slow" lanes might be more tolerable if those lanes were still really fast in absolute terms. Sadly, however, the United States ranks a pathetic 25th among nations for download speeds:

This show is bigger than the superbowl: The net neutrality debate has generated a record 1,477,301 public comments to the FCC, the commission said today. As Politico notes, that breaks the previous record of 1.4 million complaints generated by Janet Jackson's 2004 wardrobe malfunction. The number of comments to the FCC will likely continue to grow as Internet Slowdown Day encourages visitors to voice their objections.

the fcc is not your friend: There's no question that the FCC is facing a public backlash against its plan to gut net neutrality. The question is whether the outrage will be sufficient to change its course. FCC Chairman Tom Wheeler is a major Obama bundler and former head of two major industry groups that staunchly oppose net neutrality. He's likely to side with the cable industry unless essentially forced to do otherwise. All of which is to say that the bar is incredibly high for Internet Slowdown Day. Until "net neutrality" becomes a household term, don't count on Washington to care about it.

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