Notices by riana (riana@mastodon.lawprofs.org)

The WhatsApp lawsuit against NSO Group is basically the last one standing, and it's just brought to light some damning evidence against NSO. It's taken 5 years just to get here and this isn't a decision on the merits, but even unsealing some of the discovery in this case is an important step towards accountability for the notorious spyware firm.

https://techcrunch.com/2024/11/15/nso-group-admits-cutting-off-10-customers-because-they-abused-its-pegasus-spyware-say-unsealed-court-documents/

Important 4th Amendment private search doctrine opinion yesterday relating to the CyberTipline:

The Second Circuit has joined the Ninth Circuit in requiring human review by platform personnel before LE may warrantlessly open suspected CSAM files in a CyberTip, disagreeing with Fifth and Sixth Circuit decisions to the contrary that found a hash match sufficient. https://ww3.ca2.uscourts.gov/decisions/isysquery/8ef1a3e1-fc31-4bad-abcf-49e5e536e383/4/doc/23-6181_opn.pdf

The report I coauthored earlier this year discusses the circuit split on this issue: https://cyber.fsi.stanford.edu/io/news/cybertipline-report

Google Messages is adding a privacy-preserving, on-device "sensitive content" feature for nudity blurring - AND they're doing something about annoying "package delivery" and "job offer" scams. Very good news. https://www.cnet.com/tech/services-and-software/new-google-messages-safety-features-blur-nudity-warn-about-scams/

@danmcd @quinn @alecm Or @mmasnick might've.

New from me for Techdirt: No, you cannot sue Apple to force them to search iCloud for CSAM, it will backfire very badly. https://www.techdirt.com/2024/08/19/suing-apple-to-force-it-to-scan-icloud-for-csam-is-a-catastrophically-bad-idea/

I believe this is the biggest attack on encryption in the United States since 2016. Yet this matter has gotten zero press coverage that I've seen. There is a hearing on Monday morning. But Monday morning is also when the NetChoice cases are being argued at SCOTUS, so many tech journalists' attention will already be occupied elsewhere.

This is a HUGE DEAL, and because it's a TRO request, it's moving very fast. Expect to see amicus briefing from civil society, if the court permits it.

An absolutely bonkers assault on encryption is happening right now in Nevada.

This week, the state AG moved for a temporary restraining order to stop Meta from rolling out default E2EE on Messenger for under-18 Nevadans. The state's brief characterizes E2EE apps as a tool for child predators. It argues that Meta's claims about E2EE protecting privacy & security are deceptive, so this is a CONSUMER PROTECTION VIOLATION. Oh, and half the brief is redacted.

Brief is here:
https://drive.google.com/file/d/1qq9ZkJaLHEsEiMg2rSd2hqI1SPSQb0Y8/view?usp=sharing

New from me at @techpolicypress: the positives, potential downsides, and unknowns about the REPORT Act, a child-safety bill that just passed the Senate and is heading to the House. https://www.techpolicy.press/child-safetyfocused-report-act-passes-us-senate/

BAMPFA's lengthy (Nov-Feb!) festival of the films of Werner Herzog starts today, with (sold-out) screenings featuring the man in person. I want to see basically all of these. https://bampfa.org/program/infinite-horizons-films-werner-herzog

When "Lo and Behold," Herzog's documentary about the Internet, came out in 2016, he did a screening at Stanford. Afterwards some undergrad crypto bro asked him for his opinion about Bitcoin. Herzog replied that he was anti-Bitcoin because he needs cash - untraceable, hard cash - to keep existing, as sometimes when making his films he needs to do crimes such as paying bribes to local officials. The entire auditorium went silent. Still the most effective way to shut up a crypto bro I've ever seen

#GlobalEncryptionDay 2023 statement joined by over 200 orgs worldwide: https://www.globalencryption.org/2023/10/global-encryption-day-2023-statement/

Sinead O'Connor was brilliant and the entire world owed her a huge apology for treating her like a crazy bitch for calling out the Church, because she was fucking right.

I analyzed 20 EU Member States' recently-leaked responses to a survey about end-to-end #encryption, in the context of the EU's deliberations over the #ChatControl proposal https://cyberlaw.stanford.edu/blog/2023/06/eu-member-states-still-cannot-agree-about-end-end-encryption

Spain wants to ban E2EE in the EU entirely. (Really.) And Lithuania thinks we should just trust the police.

The country that had the Stasi, OTOH, is adamant that undermining everyone's privacy & cybersecurity in the name of more government surveillance isn't such a hot idea. So are the 2 countries next door to Russia.

Everyone else is kinda on the fence. Some think client-side scanning could be a solution - including, incredibly, the Netherlands. I'm not mad, Holland, I'm just disappointed.