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Yesterday — 25 June 2024Main stream

From a plea deal to a 2am prison call: how Julian Assange finally gained freedom

A lawyer’s offer, a judgment that foretold years of legal wrangling, and diplomatic pressure all played a part in the release of the WikiLeaks founder

It was, as his friends described it, the “last kick of the British establishment”. At 2am on Monday, Julian Assange, the founder of Wikileaks, was woken in his small cell in the high-security Belmarsh prison, south-east London, and ordered to dress before being put in handcuffs.

It was the beginning of the end of Assange’s incarceration in Britain but it was going to be on his jailers’ terms.

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© Photograph: Daniel Leal/AFP/Getty Images

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© Photograph: Daniel Leal/AFP/Getty Images

Julian Assange’s release frees up one UK prison cell, but why has it taken so long – and what about the others? | Duncan Campbell

25 June 2024 at 10:55

This case is nothing to be proud of. As politicians stood by, he suffered within a chaotic system they have done little to fix

Finally. After more than five years locked inside HMP Belmarsh, Britain’s most secure prison, and seven years confined to the Ecuadorian embassy in London, Julian Assange can breathe some fresh, free air. It is certainly a day to celebrate, but also one to demand answers. Why – why, for heaven’s sake – has it taken so long? And what about all the others who languish in crazily overcrowded British jails?

It seems appropriate that Assange’s release, on the basis of a deal that gives the US government the fig leaf of a guilty plea, occurred in the very week before a general election, in the country where he was detained for all those years. Voters seem likely to dispose of a government whose feeble home secretaries, from Priti Patel onwards, bowed the knee to the US on its extradition request when they could have easily followed the brave path that Theresa May took when she was home secretary in 2012, declining to allow the removal to the US of the hacker Gary McKinnon. But what lessons have any of our politicians – or our judges – learned?

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© Photograph: Wikileaks/X/Reuters

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© Photograph: Wikileaks/X/Reuters

ICC issues arrest warrants for Russian officials over alleged Ukraine war crimes

Army chief and ex-minister of defence accused over missile attacks on civilian targets including power plants

The international criminal court (ICC) at The Hague has issued arrest warrants for Russia’s ex-minister of defence and current army chief of staff for alleged war crimes in Ukraine after a missile campaign targeting Ukrainian power plants and other civilian infrastructure during the full-scale invasion.

Ex-minister of defence Sergei Shoigu and the chief of the general staff of the Russian armed forces, Valery Gerasimov, are accused of the war crimes of directing attacks at civilian objects and of causing excessive incidental harm to civilians or damage to civilian objects. They are also accused of crimes against humanity.

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© Photograph: AP

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© Photograph: AP

Before yesterdayMain stream

A Semester of African American Humanism at Pitzer College

17 June 2024 at 09:52
Made possible by an endowment offered through the Freedom From Religion Foundation, Sikivu Hutchinson has become "the first Black woman to teach a course on African American humanism," which was held at Pitzer College.

The Pitzer College Secular Studies program was founded in 2011 by sociology professor Phil Zuckerman. It offers a rare space in higher education dedicated to the academic study of nonreligion. In an interview published at Psychology Today, Hutchinson describes the motivating force behind her secular work:
Because people of color are disproportionately poor, segregated, demonized as racial others, over-incarcerated and denied equitable access to education we don't have the luxury and the privilege to be secular or pursue a secularist agenda that isn't steeped in economic and social justice.
Crossposted from the Black Skeptics Los Angeles website, the American Humanist Association has published a series of articles written by students enrolled in the course: "Ruminating on African American Humanism: My Experience and Skepticism" by Corrie Waters:
African American Humanism deals with issues like police brutality, systemic racism, discrimination in healthcare, and expanding access to healthcare, contraceptives, and safe-sex awareness, which all disproportionately affect Black women.
"Intersecting Identities within African American Humanism" by Reese Rutherford:
When identifying ways different types of people react to experiences, it is important to recognize the combined identity one experiences when less 'socially acceptable' identities overlap, creating an identity that affects one's experience differently than someone without the same overlapping identities.
"What Would My Momma Think? Humanist Reflections of a Radical Black Femme" by Ramya Herman:
Our world is in a state of rapid decline that suggests a potential end to our society, as well as an end to the American empire as it has stood for the last couple of centuries. As the individuals who are inheriting the crumbled pieces of humanity, it is critical that we sustain and rebuild our society so that it is one where all humans are recognized and treated as such. Hopefully, one day we will reach a point, both within the Black community, and throughout our society, where it is not demonized to be human in any form. I believe African American Humanist thought, and classes that provide a platform for educating youth about it, will be the groundwork and guiding force for that transition.
"A Meditation on African-American Humanism: Through the Lens of a Black Disabled Feminist Skeptic from Gen-Z" by Adia Gardner:
The myth that irreligiosity is always synonymous with immorality not only limits the space to be non-religious but is also inaccurate when you put history under a microscope and unearth the fact that Black freethinkers have long aligned themselves with the pursuit of freedom for the socioeconomically disenfranchised.

Christian nationalists in the court system

By: kliuless
15 June 2024 at 12:07
Justice Alito Caught on Tape Discussing How Battle for America 'Can't Be Compromised' [ungated] - "In a new, secret recording, the Supreme Court justice says he 'agrees' that the U.S. should return to a place of godliness."

The recording, which was provided exclusively to Rolling Stone, captures Windsor approaching Alito at the event and reminding him that they spoke at the same function the year before, when she asked him a question about political polarization. In the intervening year, she tells the justice, her views on the matter had changed. "I don't know that we can negotiate with the left in the way that needs to happen for the polarization to end," Windsor says. "I think that it's a matter of, like, winning." "I think you're probably right," Alito replies. "On one side or the other — one side or the other is going to win. I don't know. I mean, there can be a way of working — a way of living together peacefully, but it's difficult, you know, because there are differences on fundamental things that really can't be compromised. They really can't be compromised. So it's not like you are going to split the difference." Windsor goes on to tell Alito: "People in this country who believe in God have got to keep fighting for that — to return our country to a place of godliness." "I agree with you. I agree with you," replies Alito, who authored the Supreme Court's 2022 Dobbs decision, which reversed five decades of settled law and ended a constitutional right to abortion.
Justice Alito questions possibility of political compromise in secret recording - "Martha-Ann Alito spoke to Windsor about her flags on another recording made at the dinner, according to an additional edited recording the filmmaker posted online. She said she wanted to fly a religious flag because 'I have to look across the lagoon at the Pride flag for the next month', an apparent reference to celebratory LGBTQ+ displays during Pride month in June." Supreme Court's Alito appears to back US return to 'godliness' in secret recording - "The 'Appeal to Heaven' flag has come to symbolize hopes by some conservative activists for a more Christian-centered U.S. government." Secret recording puts spotlight on Alito's strong conservative views on religious issues - "The justice has consistently backed religious Christian groups in Supreme Court cases and has often spoke about freedom of religion being under attack." Alito's 'Godliness' Comment Echoes a Broader Christian Movement - "Justice Samuel Alito's secretly recorded remarks come as many conservatives have openly embraced the view that American democracy must be grounded in a Christian worldview."
The unguarded moment added to calls for greater scrutiny by Democrats, many of whom are eager to open official investigations into outside influence at the Supreme Court. But the core of the idea expressed to Mr. Alito, that the country must fight the decline of Christianity in public life, goes beyond the questions of bias and influence at the nation's highest court. An array of conservatives, including antiabortion activists, church leaders and conservative state legislators, has openly embraced the idea that American democracy needs to be grounded in Christian values and guarded against the rise of secular culture. They are right-wing Catholics and evangelicals who oppose abortion, same-sex marriage, transgender rights and what they see as the dominance of liberal views in school curriculums. And they've become a crucial segment of former President Donald J. Trump's political coalition, intermingled with the MAGA movement that boosted him to the White House and that hopes to do so once again in November. The movement's rise has been evident across the country since Mr. Trump lost re-election in 2020. The National Association of Christian Lawmakers formed to advance Christian values and legislation among elected officials. This week in Indianapolis, delegates to the Southern Baptist Convention, the largest Protestant denomination in America, are voting on issues like restricting in vitro fertilization and further limiting women from pastoral positions. [US Southern Baptists effort to enshrine ban on women pastors falls short (earlier: Southern Baptists finalize expulsion of two churches with female pastors), US Southern Baptists condemn IVF procedure] And in Congress, Mike Johnson, a man with deep roots in this movement and the Alliance Defending Freedom, a conservative Christian legal advocacy group, is now speaker of the House. Now, Supreme Court justices have become caught up in the debate over whether America is a Christian nation. While Justice Alito is hardly openly championing these views, he is embracing language and symbolism that line up with a much broader movement pushing back against the declining power of Christianity as a majority religion in America. The country has grown more ethnically diverse and the share of American adults who describe themselves as religiously unaffiliated has risen steadily over the past decade. Still, a 2022 report from the Pew Research Center found that more than four in 10 adults believed America should be a "Christian nation." Justice Alito's agreement isn't the first time he has embraced Christian ways of talking about the law and his vision for the nation. Shortly after the Supreme Court overturned Roe v. Wade two years ago, a ruling for which Justice Alito wrote the majority opinion, the justice flew to Rome and addressed a private summit on religious liberty hosted by the University of Notre Dame. His overarching concern was the decline of Christianity in public life, and he warned of what he saw as a "growing hostility to religion, or at least the traditional religious beliefs that are contrary to the new moral code that is ascendant." "We can't lightly assume that the religious liberty enjoyed today in the United States, in Europe and in many other places will always endure," he said, referencing Christians "torn apart by wild beasts" at the Colosseum before the fall of the Roman Empire... [T]he resonance of the Sacred Heart goes beyond simply an abstract religious concept, just as the Pride flag does. Each is notable for the vision of America that they symbolize, and the different visions of marriage, family and morality that they represent. For one slice of America that celebrates L.G.B.T.Q. rights, June is Pride Month. For another devout, traditional Catholic slice, June is a time to remember the Sacred Heart.
Justice Alito, in secretly recorded audio, apparently agrees nation needs to return to place of 'godliness' - "In the edited clips that were posted to X, Windsor approached Martha-Ann Alito at the event and seemingly expressed sympathy for 'everything that you're going through' and that it 'was not okay.' 'It's okay because if they come back to me, I'll get them,' Martha-Ann Alito said, referring to the news media. 'I'm gonna be liberated, and I'm gonna get them.' ... Windsor then turned the conversation to the stir caused by the 'Appeal to Heaven' flag, to which Martha-Ann Alito said the 'feminazis believe that [Justice Alito] should control me. So, they'll go to hell, he never controls me,' she added." In Secret Recordings, Alito Endorses Nation of 'Godliness.' Roberts Talks of Pluralism. - "The two justices were surreptitiously recorded at a Supreme Court gala last week by a woman posing as a Catholic conservative."
The justice's comments appeared to be in marked contrast to those of Chief Justice Roberts, who was also secretly recorded at the same event but who pushed back against Ms. Windsor's assertion that the court had an obligation to lead the country on a more "moral path." "Would you want me to be in charge of putting the nation on a more moral path?" the chief justice said. "That's for people we elect. That's not for lawyers." Ms. Windsor pressed the chief justice about religion, saying, "I believe that the founders were godly, like were Christians, and I think that we live in a Christian nation and that our Supreme Court should be guiding us in that path." Chief Justice Roberts quickly answered, "I don't know if that's true." He added: "I don't know that we live in a Christian nation. I know a lot of Jewish and Muslim friends who would say maybe not, and it's not our job to do that." The chief justice also said he did not think polarization in the country was irreparable, pointing out that the United States had managed crises as severe as the Civil War and the Vietnam War. When Ms. Windsor pressed him on whether he thought that there was "a role for the court" in "guiding us toward a more moral path," the chief justice's answer was immediate. "No, I think the role for the court is deciding the cases," he said.

Huge telehealth fraud indictment may wreak havoc for Adderall users, CDC warns

By: Beth Mole
14 June 2024 at 12:59
Ten milligram tablets of the hyperactivity drug, Adderall, made by Shire Plc, is shown in a Cambridge, Massachusetts pharmacy Thursday, January 19, 2006.

Enlarge / Ten milligram tablets of the hyperactivity drug, Adderall, made by Shire Plc, is shown in a Cambridge, Massachusetts pharmacy Thursday, January 19, 2006. (credit: Getty | Jb Reed)

The Centers for Disease Control and Prevention on Thursday warned that a federal indictment of an allegedly fraudulent telehealth company may lead to a massive, nationwide disruption in access to ADHD medications—namely Adderall, but also other stimulants—and could possibly increase the risk of injuries and overdoses.

"A disruption involving this large telehealth company could impact as many as 30,000 to 50,000 patients ages 18 years and older across all 50 US states," the CDC wrote in its health alert.

The CDC warning came on the heels of an announcement from the Justice Department Thursday that federal agents had arrested two people in connection with an alleged scheme to illegally distribute Adderall and other stimulants through a subscription-based online telehealth company called Done Global.  The company's CEO and founder, Ruthia He, was arrested in Los Angeles, and its clinical president, David Brody, was arrested in San Rafael, California.

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The Long History of Discrimination in Job Hiring Assessments

pApplying for jobs can be a difficult and frustrating experience: you’re putting forward your qualifications to be judged by a prospective employer. We all want to be treated fairly. We want our qualifications to speak for themselves. But for job seekers who have been historically excluded or discriminated against because of their race, gender identity, or disability, there can be another question lurking in the background: Am I being judged, not for my ability to do the job, but for my identity?/p pAutomated decision-making tools, including those using artificial intelligence, or AI, and algorithms, have been widely adopted in hiring. Today seven out of 10 employers use them. We have a href=https://www.aclu.org/news/racial-justice/how-artificial-intelligence-might-prevent-you-from-getting-hiredpreviously written/a about AI and some of the newer ways that it’s impacting hiring, including how it lacks transparency and can harbor serious flaws that lead to bias and discrimination. But these tools are just the latest frontier in a long history of employment tests that can discriminate and harm job seekers. For example, one of the landmark civil rights cases, a href=https://supreme.justia.com/cases/federal/us/401/424/Griggs v. Duke Power Co (1971)/a, was about a company’s use of bogus tests to a href=https://www.eeoc.gov/meetings/meeting-january-31-2023-navigating-employment-discrimination-ai-and-automated-systems-new/mooreblock the promotion of Black workers/a./p div class=mp-md wp-link div class=wp-link__img-wrapper a href=https://www.aclu.org/news/racial-justice/how-artificial-intelligence-might-prevent-you-from-getting-hired target=_blank tabindex=-1 img width=1200 height=628 src=https://assets.aclu.org/live/uploads/2024/05/70424f4c0d4ad921d1e27da6125a765d.jpg class=attachment-4x3_full size-4x3_full alt= decoding=async loading=lazy srcset=https://assets.aclu.org/live/uploads/2024/05/70424f4c0d4ad921d1e27da6125a765d.jpg 1200w, https://assets.aclu.org/live/uploads/2024/05/70424f4c0d4ad921d1e27da6125a765d-768x402.jpg 768w, https://assets.aclu.org/live/uploads/2024/05/70424f4c0d4ad921d1e27da6125a765d-400x209.jpg 400w, https://assets.aclu.org/live/uploads/2024/05/70424f4c0d4ad921d1e27da6125a765d-600x314.jpg 600w, https://assets.aclu.org/live/uploads/2024/05/70424f4c0d4ad921d1e27da6125a765d-800x419.jpg 800w, https://assets.aclu.org/live/uploads/2024/05/70424f4c0d4ad921d1e27da6125a765d-1000x523.jpg 1000w sizes=(max-width: 1200px) 100vw, 1200px / /a /div div class=wp-link__title a href=https://www.aclu.org/news/racial-justice/how-artificial-intelligence-might-prevent-you-from-getting-hired target=_blank How Artificial Intelligence Might Prevent You From Getting Hired /a /div div class=wp-link__description a href=https://www.aclu.org/news/racial-justice/how-artificial-intelligence-might-prevent-you-from-getting-hired target=_blank tabindex=-1 p class=is-size-7-mobile is-size-6-tabletAI-based tools are used throughout hiring processes, increasing the odds of discrimination in the workplace./p /a /div div class=wp-link__source p-4 px-6-tablet a href=https://www.aclu.org/news/racial-justice/how-artificial-intelligence-might-prevent-you-from-getting-hired target=_blank tabindex=-1 p class=is-size-7Source: American Civil Liberties Union/p /a /div /div pWhen tests and tools that have a long history of problems are combined with new technologies like AI, risks of harm only increase, exacerbating harmful barriers to employment based on race, gender, disability, and other protected characteristics. While the harm of racial discrimination in employment tests has long been recognized and challenged, there has been less awareness about how these tests impact applicants who, in addition to facing racial discrimination, face discrimination based on their disabilities./p pThe use of personality assessments in hiring processes has become increasingly common. Yet these tests often ask general questions that may have little to do with the ability to do the job and capture traits that are directly linked with characteristics commonly associated with autism and mental health conditions such as depression and anxiety. This creates a high risk that qualified workers with these disabilities will be disadvantaged compared to other workers and may be unfairly and illegally screened out./p div class=mp-md wp-link div class=wp-link__img-wrapper a href=https://www.aclu.org/know-your-rights/know-your-digital-rights-digital-discrimination-in-hiring target=_blank tabindex=-1 img width=750 height=375 src=https://assets.aclu.org/live/uploads/2023/11/9adf74e5819f7726f6dd759d712b47eb.jpg class=attachment-4x3_full size-4x3_full alt=A graphic featuring a diverse group of individuals. decoding=async loading=lazy srcset=https://assets.aclu.org/live/uploads/2023/11/9adf74e5819f7726f6dd759d712b47eb.jpg 750w, https://assets.aclu.org/live/uploads/2023/11/9adf74e5819f7726f6dd759d712b47eb-400x200.jpg 400w, https://assets.aclu.org/live/uploads/2023/11/9adf74e5819f7726f6dd759d712b47eb-600x300.jpg 600w sizes=(max-width: 750px) 100vw, 750px / /a /div div class=wp-link__title a href=https://www.aclu.org/know-your-rights/know-your-digital-rights-digital-discrimination-in-hiring target=_blank Know Your Rights | Know Your Digital Rights: Digital Discrimination in Hiring /a /div div class=wp-link__description a href=https://www.aclu.org/know-your-rights/know-your-digital-rights-digital-discrimination-in-hiring target=_blank tabindex=-1 p class=is-size-7-mobile is-size-6-tabletEqual access to job opportunities is a core component of economic justice. Increasingly, employers are using automated tools in their hiring.../p /a /div div class=wp-link__source p-4 px-6-tablet a href=https://www.aclu.org/know-your-rights/know-your-digital-rights-digital-discrimination-in-hiring target=_blank tabindex=-1 p class=is-size-7Source: American Civil Liberties Union/p /a /div /div pTo push back, we a class=Hyperlink SCXW161865474 BCX0 href=https://www.aclu.org/documents/aclu-complaint-to-the-ftc-regarding-aon-consulting-inc target=_blank rel=noreferrer noopenerfiled a complaint/a to the Federal Trade Commission (FTC) against Aon, a major hiring technology vendor, alleging that Aon is deceptively marketing widely used online hiring tests as “bias-free” even though the tests discriminate against job seekers based on traits like their race or disability. The ACLU and co-counsel have also filed charges with the Equal Employment Opportunity Commission (EEOC) against both Aon and an employer that uses Aon’s assessments on behalf of a biracial (Black/white) autistic job applicant who was required to take Aon assessments as part of the employer’s hiring process./p pTwo Aon products, a “personality” assessment test and its automated video interviewing tool, which integrate algorithmic or AI-related features, are marketed to employers across industries as cost-effective, efficient, and less discriminatory than traditional methods of assessing workers and applicants. However, these products assess very general personality traits such as positivity, emotional awareness, liveliness, ambition, and drive that are not clearly job related or necessary for a specific job and can unfairly screen out people based on disabilities. The automated features of these tools exacerbate these fundamental problems, particularly as Aon incorporated artificial intelligence elements in its video interviewing tool that are also likely to discriminate based on disability, race, and other protected characteristics./p pCognitive ability assessments, another staple in hiring, must also be subject to scrutiny, as they have long been shown to disadvantage Black job candidates and other candidates of color and may also unfairly exclude individuals based on disability. These tests, touted to measure aspects of memory, as well as several others it markets, have racial disparities in performance./p pFor autistic and other neurodivergent job applicants and applicants of color, cognitive ability assessments pose a significant barrier to employment. Not only do they fail to accommodate diverse needs, but they also perpetuate discrimination based on race, disability, and other traits. Employers should not use assessments that carry a high risk of discrimination. Employers risk screening out people who could be successful employees, impacting diversity in the workplace, and could face legal liability, even where the assessments are designed and administered by third-party vendors. Employers have a legal obligation to thoroughly vet any assessments they use for compliance with anti-discrimination laws, and if they decide to use an assessment, they must provide meaningful notice so that disabled workers can make an informed choice whether to seek accommodations or alternative processes./p pBut vendors must also be accountable for the tools they market. Employers can hold vendors accountable by demanding that vendors truly design their products to be inclusive – including by incorporating the perspectives and experiences of people with disabilities and other protected groups into their design process #8212; and conduct thorough auditing for discrimination based on race, disability and other protected characteristics. They can also demand transparency and decline to purchase their products if they fail to do so. And vendors can and should also be held legally accountable for their discriminatory products and deceptively marketing them. As the EEOC recently a href=https://www.eeoc.gov/litigation/briefs/mobley-v-workday-incargued/a in a federal case about discrimination in an online hiring product, vendors can be held accountable under employment discrimination laws, and our FTC complaint should serve as notice to vendors that we will seek to hold them accountable under consumer protection laws as well./p pAs the hiring landscape continues to change and job applicants face new hiring tools, we must strive for a future where skills and potential, not bias, determines our opportunities. The ACLU stands ready to defend the rights of individuals wronged by discriminatory practices. Together, we can dismantle discriminatory barriers and build a more inclusive workforce for all./p

What it takes to prove genocide – video

South Africa's case against Israel over allegations of genocide before the international court of justice has raised a central question of international law: what is genocide and how do you prove it? It is one of three genocide cases being considered by the UN's world court, but since the genocide convention was approved in 1948, only three instances have been legally recognised as genocide. Josh Toussaint-Strauss looks back on these historical cases to find out why the crime is so much harder to prove than other atrocities, and what bearing this has on South Africa's case against Israel and future cases

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© Photograph: Guardian Design

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© Photograph: Guardian Design

U.S. Charges Russian Man as Boss of LockBit Ransomware Group

7 May 2024 at 13:36

The United States joined the United Kingdom and Australia today in sanctioning 31-year-old Russian national Dmitry Yuryevich Khoroshev as the alleged leader of the infamous ransomware group LockBit. The U.S. Department of Justice also indicted Khoroshev and charged him with using Lockbit to attack more than 2,000 victims and extort at least $100 million in ransomware payments.

Image: U.K. National Crime Agency.

Khoroshev (Дмитрий Юрьевич Хорошев), a resident of Voronezh, Russia, was charged in a 26-count indictment by a grand jury in New Jersey.

“Dmitry Khoroshev conceived, developed, and administered Lockbit, the most prolific ransomware variant and group in the world, enabling himself and his affiliates to wreak havoc and cause billions of dollars in damage to thousands of victims around the globe,” U.S. Attorney Philip R. Sellinger said in a statement released by the Justice Department.

The indictment alleges Khoroshev acted as the LockBit ransomware group’s developer and administrator from its inception in September 2019 through May 2024, and that he typically received a 20 percent share of each ransom payment extorted from LockBit victims.

The government says LockBit victims included individuals, small businesses, multinational corporations, hospitals, schools, nonprofit organizations, critical infrastructure, and government and law-enforcement agencies.

“Khoroshev and his co-conspirators extracted at least $500 million in ransom payments from their victims and caused billions of dollars in broader losses, such as lost revenue, incident response, and recovery,” the DOJ said. “The LockBit ransomware group attacked more than 2,500 victims in at least 120 countries, including 1,800 victims in the United States.”

The unmasking of LockBitSupp comes nearly three months after U.S. and U.K. authorities seized the darknet websites run by LockBit, retrofitting it with press releases about the law enforcement action and free tools to help LockBit victims decrypt infected systems.

The feds used the existing design on LockBit’s victim shaming website to feature press releases and free decryption tools.

One of the blog captions that authorities left on the seized site was a teaser page that read, “Who is LockbitSupp?,” which promised to reveal the true identity of the ransomware group leader. That item featured a countdown clock until the big reveal, but when the site’s timer expired no such details were offered.

Following the FBI’s raid, LockBitSupp took to Russian cybercrime forums to assure his partners and affiliates that the ransomware operation was still fully operational. LockBitSupp also raised another set of darknet websites that soon promised to release data stolen from a number of LockBit victims ransomed prior to the FBI raid.

One of the victims LockBitSupp continued extorting was Fulton County, Ga. Following the FBI raid, LockbitSupp vowed to release sensitive documents stolen from the county court system unless paid a ransom demand before LockBit’s countdown timer expired. But when Fulton County officials refused to pay and the timer expired, no stolen records were ever published. Experts said it was likely the FBI had in fact seized all of LockBit’s stolen data.

LockBitSupp also bragged that their real identity would never be revealed, and at one point offered to pay $10 million to anyone who could discover their real name.

KrebsOnSecurity has been in intermittent contact with LockBitSupp for several months over the course of reporting on different LockBit victims. Reached at the same ToX instant messenger identity that the ransomware group leader has promoted on Russian cybercrime forums, LockBitSupp claimed the authorities named the wrong guy.

“It’s not me,” LockBitSupp replied in Russian. “I don’t understand how the FBI was able to connect me with this poor guy. Where is the logical chain that it is me? Don’t you feel sorry for a random innocent person?”

LockBitSupp, who now has a $10 million bounty for his arrest from the U.S. Department of State, has been known to be flexible with the truth. The Lockbit group routinely practiced “double extortion” against its victims — requiring one ransom payment for a key to unlock hijacked systems, and a separate payment in exchange for a promise to delete data stolen from its victims.

But Justice Department officials say LockBit never deleted its victim data, regardless of whether those organizations paid a ransom to keep the information from being published on LockBit’s victim shaming website.

Khoroshev is the sixth person officially indicted as active members of LockBit. The government says Russian national Artur Sungatov used LockBit ransomware against victims in manufacturing, logistics, insurance and other companies throughout the United States.

Ivan Gennadievich Kondratyev, a.k.a. “Bassterlord,” allegedly deployed LockBit against targets in the United States, Singapore, Taiwan, and Lebanon. Kondratyev is also charged (PDF) with three criminal counts arising from his alleged use of the Sodinokibi (aka “REvil“) ransomware variant to encrypt data, exfiltrate victim information, and extort a ransom payment from a corporate victim based in Alameda County, California.

In May 2023, U.S. authorities unsealed indictments against two alleged LockBit affiliates, Mikhail “Wazawaka” Matveev and Mikhail Vasiliev. In January 2022, KrebsOnSecurity published Who is the Network Access Broker ‘Wazawaka,’ which followed clues from Wazawaka’s many pseudonyms and contact details on the Russian-language cybercrime forums back to a 31-year-old Mikhail Matveev from Abaza, RU.

Matveev remains at large, presumably still in Russia. Meanwhile, the U.S. Department of State has a standing $10 million reward offer for information leading to Matveev’s arrest.

Vasiliev, 35, of Bradford, Ontario, Canada, is in custody in Canada awaiting extradition to the United States (the complaint against Vasiliev is at this PDF).

In June 2023, Russian national Ruslan Magomedovich Astamirov was charged in New Jersey for his participation in the LockBit conspiracy, including the deployment of LockBit against victims in Florida, Japan, France, and Kenya. Astamirov is currently in custody in the United States awaiting trial.

The Justice Department is urging victims targeted by LockBit to contact the FBI at https://lockbitvictims.ic3.gov/ to file an official complaint, and to determine whether affected systems can be successfully decrypted.

Two Years Post-Roe: A Better Understanding of Digital Threats

18 April 2024 at 17:14

It’s been a long two years since the Dobbs decision to overturn Roe v. Wade. Between May 2022 when the Supreme Court accidentally leaked the draft memo and the following June when the case was decided, there was a mad scramble to figure out what the impacts would be. Besides the obvious perils of stripping away half the country’s right to reproductive healthcare, digital surveillance and mass data collection caused a flurry of concerns.

Although many activists fighting for reproductive justice had been operating under assumptions of little to no legal protections for some time, the Dobbs decision was for most a sudden and scary revelation. Everyone implicated in that moment somewhat understood the stark difference between pre-Roe 1973 and post-Roe 2022; living under the most sophisticated surveillance apparatus in human history presents a vastly different landscape of threats. Since 2022, some suspicions have been confirmed, new threats have emerged, and overall our risk assessment has grown smarter. Below, we cover the most pressing digital dangers facing people seeking reproductive care, and ways to combat them.

Digital Evidence in Abortion-Related Court Cases: Some Examples

Social Media Message Logs

A case in Nebraska resulted in a woman, Jessica Burgess, being sentenced to two years in prison for obtaining abortion pills for her teenage daughter. Prosecutors used a Facebook Messenger chat log between Jessica and her daughter as key evidence, bolstering the concerns many had raised about using such privacy-invasive tech products for sensitive communications. At the time, Facebook Messenger did not have end-to-end encryption.

In response to criticisms about Facebook’s cooperation with law enforcement that landed a mother in prison, a Meta spokesperson issued a frustratingly laconic tweet stating that “[n]othing in the valid warrants we received from local law enforcement in early June, prior to the Supreme Court decision, mentioned abortion.” They followed this up with a short statement reiterating that the warrants did not mention abortion at all. The lesson is clear: although companies do sometimes push back against data warrants, we have to prepare for the likelihood that they won’t.

Google: Search History & Warrants

Well before the Dobbs decision, prosecutors had already used Google Search history to indict a woman for her pregnancy outcome. In this case, it was keyword searches for misoprostol (a safe and effective abortion medication) that clinched the prosecutor’s evidence against her. Google acquiesced, as it so often has, to the warrant request.

Related to this is the ongoing and extremely complicated territory of reverse keyword and geolocation warrants. Google has promised that it would remove from user profiles all location data history related to abortion clinic sites. Researchers tested this claim and it was shown to be false, twice. Late in 2023, Google made a bigger promise: it would soon change how it stores location data to make it much more difficult–if not impossible–for Google to provide mass location data in response to a geofence warrant, a change we’ve been asking Google to implement for years. This would be a genuinely helpful measure, but we’ve been conditioned to approach such claims with caution. We’ll believe it when we see it (and refer to external testing for proof).

Other Dangers to Consider

Doxxing

Sites propped up for doxxing healthcare professionals that offer abortion services are about as old as the internet itself. Doxxing comes in a variety of forms, but a quick and loose definition of it is the weaponization of open source intelligence with the intention of escalating to other harms. There’s been a massive increase in hate groups abusing public records requests and data broker collections to publish personal information about healthcare workers. Doxxing websites hosting such material are updated frequently. Doxxing has led to steadily rising material dangers (targeted harassment, gun violence, arson, just to name a few) for the past few years.

There are some piecemeal attempts at data protection for healthcare workers in more protective states like California (one which we’ve covered). Other states may offer some form of an address confidentiality program that provides people with proxy addresses. Though these can be effective, they are not comprehensive. Since doxxing campaigns are typically coordinated through a combination of open source intelligence tactics, it presents a particularly difficult threat to protect against. This is especially true for government and medical industry workers whose information may be subjected to exposure through public records requests.

Data Brokers

Recently, Senator Wyden’s office released a statement about a long investigation into Near Intelligence, a data broker company that sold geolocation data to The Veritas Society, an anti-choice think tank. The Veritas Society then used the geolocation data to target individuals who had traveled near healthcare clinics that offered abortion services and delivered pro-life advertisements to their devices.

That alone is a stark example of the dangers of commercial surveillance, but it’s still unclear what other ways this type of dataset could be abused. Near Intelligence has filed for bankruptcy, but they are far from the only, or the most pernicious, data broker company out there. This situation bolsters what we’ve been saying for years: the data broker industry is a dangerously unregulated mess of privacy threats that needs to be addressed. It not only contributes to the doxxing campaigns described above, but essentially creates a backdoor for warrantless surveillance.

Domestic Terrorist Threat Designation by Federal Agencies

Midway through 2023, The Intercept published an article about a tenfold increase in federal designation of abortion-rights activist groups as domestic terrorist threats. This projects a massive shadow of risk for organizers and activists at work in the struggle for reproductive justice. The digital surveillance capabilities of federal law enforcement are more sophisticated than that of typical anti-choice zealots. Most people in the abortion access movement may not have to worry about being labeled a domestic terrorist threat, though for some that is a reality, and strategizing against it is vital.

Looming Threats

Legal Threats to Medication Abortion

Last month, the Supreme Court heard oral arguments challenging the FDA’s approval of and regulations governing mifepristone, a widely available and safe abortion pill. If the anti-abortion advocates who brought this case succeed, access to the most common medication abortion regimen used in the U.S. would end across the country—even in those states where abortion rights are protected.

Access to abortion medication might also be threatened by a 150 year old obscenity law. Many people now recognize the long dormant Comstock Act as a potential avenue to criminalize procurement of the abortion pill.

Although the outcomes of these legal challenges are yet-to-be determined, it’s reasonable to prepare for the worst: if there is no longer a way to access medication abortion legally, there will be even more surveillance of the digital footprints prescribers and patients leave behind. 

Electronic Health Records Systems

Electronic Health Records (EHRs) are digital transcripts of medical information meant to be easily stored and shared between medical facilities and providers. Since abortion restrictions are now dictated on a state-by-state basis, the sharing of these records across state lines present a serious matrix of concerns.

As some academics and privacy advocates have outlined, the interoperability of EHRs can jeopardize the safety of patients when reproductive healthcare data is shared across state lines. Although the Department of Health and Human Services has proposed a new rule to help protect sensitive EHR data, it’s currently possible that data shared between EHRs can lead to the prosecution of reproductive healthcare.

The Good Stuff: Protections You Can Take

Perhaps the most frustrating aspect of what we’ve covered thus far is how much is beyond individual control. It’s completely understandable to feel powerless against these monumental threats. That said, you aren’t powerless. Much can be done to protect your digital footprint, and thus, your safety. We don’t propose reinventing the wheel when it comes to digital security and data privacy. Instead, rely on the resources that already exist and re-tool them to fit your particular needs. Here are some good places to start:

Create a Security Plan

It’s impossible, and generally unnecessary, to implement every privacy and security tactic or tool out there. What’s more important is figuring out the specific risks you face and finding the right ways to protect against them. This process takes some brainstorming around potentially scary topics, so it’s best done well before you are in any kind of crisis. Pen and paper works best. Here's a handy guide.

After you’ve answered those questions and figured out your risks, it’s time to locate the best ways to protect against them. Don’t sweat it if you’re not a highly technical person; many of the strategies we recommend can be applied in non-tech ways.

Careful Communications

Secure communication is as much a frame of mind as it is a type of tech product. When you are able to identify which aspects of your life need to be spoken about more carefully, you can then make informed decisions about who to trust with what information, and when. It’s as much about creating ground rules with others about types of communication as it is about normalizing the use of privacy technologies.

Assuming you’ve already created a security plan and identified some risks you want to protect against, begin thinking about the communication you have with others involving those things. Set some rules for how you broach those topics, where they can be discussed, and with whom. Sometimes this might look like the careful development of codewords. Sometimes it’s as easy as saying “let’s move this conversation to Signal.” Now that Signal supports usernames (so you can keep your phone number private), as well as disappearing messages, it’s an obvious tech choice for secure communication.

Compartmentalize Your Digital Activity

As mentioned above, it’s important to know when to compartmentalize sensitive communications to more secure environments. You can expand this idea to other parts of your life. For example, you can designate different web browsers for different use cases, choosing those browsers for the privacy they offer. One might offer significant convenience for day-to-day casual activities (like Chrome), whereas another is best suited for activities that require utmost privacy (like Tor).

Now apply this thought process towards what payment processors you use, what registration information you give to social media sites, what profiles you keep public versus private, how you organize your data backups, and so on. The possibilities are endless, so it’s important that you prioritize only the aspects of your life that most need protection.

Security Culture and Community Care

Both tactics mentioned above incorporate a sense of community when it comes to our privacy and security. We’ve said it before and we’ll say it again: privacy is a team sport. People live in communities built on trust and care for one another; your digital life is imbricated with others in the same way.

If a node on a network is compromised, it will likely implicate others on the same network. This principle of computer network security is just as applicable to social networks. Although traditional information security often builds from a paradigm of “zero trust,” we are social creatures and must work against that idea. It’s more about incorporating elements of shared trust pushing for a culture of security.

Sometimes this looks like setting standards for how information is articulated and shared within a trusted group. Sometimes it looks like choosing privacy-focused technologies to serve a community’s computing needs. The point is to normalize these types of conversations, to let others know that you’re caring for them by attending to your own digital hygiene. For example, when you ask for consent to share images that include others from a protest, you are not only pushing for a culture of security, but normalizing the process of asking for consent. This relationship of community care through data privacy hygiene is reciprocal.

Help Prevent Doxxing

As somewhat touched on above in the other dangers to consider section, doxxing can be a frustratingly difficult thing to protect against, especially when it’s public records that are being used against you. It’s worth looking into your state level voter registration records, if that information is public, and how you can request for that information to be redacted (success may vary by state).

Similarly, although business registration records are publicly available, you can appeal to websites that mirror that information (like Bizapedia) to have your personal information taken down. This is of course only a concern if you have a business registration tied to your personal address.

If you work for a business that is susceptible to public records requests revealing personal sensitive information about you, there’s little to be done to prevent it. You can, however, apply for an address confidentiality program if your state has it. You can also do the somewhat tedious work of scrubbing your personal information from other places online (since doxxing is often a combination of information resources). Consider subscribing to a service like DeleteMe (or follow a free DIY guide) for a more thorough process of minimizing your digital footprint. Collaborating with trusted allies to monitor hate forums is a smart way to unburden yourself from having to look up your own information alone. Sharing that responsibility with others makes it easier to do, as well as group planning for what to do in ways of prevention and incident response.

Take a Deep Breath

It’s natural to feel bogged down by all the thought that has to be put towards privacy and security. Again, don’t beat yourself up for feeling powerless in the face of mass surveillance. You aren’t powerless. You can protect yourself, but it’s reasonable to feel frustrated when there is no comprehensive federal data privacy legislation that would alleviate so many of these concerns.

Take a deep breath. You’re not alone in this fight. There are guides for you to learn more about stepping up your privacy and security. We've even curated a special list of them. And there is Digital Defense Fund, a digital security organization for the abortion access movement, who we are grateful and proud to boost. And though it can often feel like privacy is getting harder to protect, in many ways it’s actually improving. With all that information, as well as continuing to trust your communities, and pushing for a culture of security within them, safety is much easier to attain. With a bit of privacy, you can go back to focusing on what matters, like healthcare.

Our New 4/20 Merch and Ongoing Fight for Legalization

pFor decades, the ACLU has fought against the war on drugs. The criminalization of cannabis has led to far too many unjust incarcerations, which waste critical resources and billions of dollars. a href=https://www.aclu.org/publications/tale-two-countries-racially-targeted-arrests-era-marijuana-reformAccording to numbers from our 2020 report/a, it also disproportionately affects Black Americans, who continue to be almost four times more likely to be arrested for marijuana possession than a white person, despite equal reported use rates./p figure class=wp-image mb-8 a href=https://www.aclu.org/publications/tale-two-countries-racially-targeted-arrests-era-marijuana-reform img width=1364 height=958 src=https://www.aclu.org/wp-content/uploads/2024/04/Screen-Shot-2024-04-15-at-2.35.23-PM.png class=attachment-original size-original alt=A map showing racial disparities in marijuana possession arrests. decoding=async loading=lazy srcset=https://www.aclu.org/wp-content/uploads/2024/04/Screen-Shot-2024-04-15-at-2.35.23-PM.png 1364w, https://www.aclu.org/wp-content/uploads/2024/04/Screen-Shot-2024-04-15-at-2.35.23-PM-768x539.png 768w, https://www.aclu.org/wp-content/uploads/2024/04/Screen-Shot-2024-04-15-at-2.35.23-PM-400x281.png 400w, https://www.aclu.org/wp-content/uploads/2024/04/Screen-Shot-2024-04-15-at-2.35.23-PM-600x421.png 600w, https://www.aclu.org/wp-content/uploads/2024/04/Screen-Shot-2024-04-15-at-2.35.23-PM-800x562.png 800w, https://www.aclu.org/wp-content/uploads/2024/04/Screen-Shot-2024-04-15-at-2.35.23-PM-1000x702.png 1000w, https://www.aclu.org/wp-content/uploads/2024/04/Screen-Shot-2024-04-15-at-2.35.23-PM-1200x843.png 1200w sizes=(max-width: 1364px) 100vw, 1364px / /a figcaption class=wp-image__caption is-caption mt-3pa href=https://graphics.aclu.org/marijuana-arrest-report/Explore more in our interactive data visualizer/a/p /figcaption /figure pWe’re fighting for not only the legalization of marijuana, but also for the repair of decades of past damage. Even as marijuana becomes legal or decriminalized in more states, rampant racial disparities still remain and thousands of people are still behind bars for innocuous cannabis charges. A more just system isn’t possible until all people incarcerated for marijuana are released and criminal records for these offenses are expunged./p pThis is why we celebrate 4/20 every year: to bring renewed attention to the fight for cannabis justice. With our new dope tees, trays, blankets and posters, we invite people to join in a href=https://www.aclu.org/issues/criminal-law-reform/drug-law-reform/marijuana-law-reformour fight to legalize marijuana/a and repair the harms of the war on drugs. This year’s products take on a retro aesthetic to honor everything 4/20. They feature groovy waves, earth tones, interesting facts and — everyone’s favorite mascot Torchy./p pCheck out the list of merch below, and be sure to a href=https://shop.aclu.org/return to our shop/a regularly during April, and tune in on our social media channels–we’ll be celebrating 4/20 all month long with exclusive deals!/p div class=wp-heading mb-8 hr class=mark / h2 id= class=wp-heading-h2 with-markA Super Soft, Conversation-Starting Tee/h2 /div div class=wp-heading mb-8 h3 id= class=wp-heading-h3 with-standardPrice: $30/h3 /div div class=wp-sizing-container sizing--standard figure class=wp-image mb-8 a href=https://shop.aclu.org/legalize-repair-tee/ img width=1280 height=1280 src=https://www.aclu.org/wp-content/uploads/2024/04/ACLU_420_Tee__23611.jpg class=attachment-original size-original alt=A picture of the Legalize and Repair Tee from the ACLU store. decoding=async loading=lazy srcset=https://www.aclu.org/wp-content/uploads/2024/04/ACLU_420_Tee__23611.jpg 1280w, https://www.aclu.org/wp-content/uploads/2024/04/ACLU_420_Tee__23611-150x150.jpg 150w, https://www.aclu.org/wp-content/uploads/2024/04/ACLU_420_Tee__23611-768x768.jpg 768w, https://www.aclu.org/wp-content/uploads/2024/04/ACLU_420_Tee__23611-400x400.jpg 400w, https://www.aclu.org/wp-content/uploads/2024/04/ACLU_420_Tee__23611-600x600.jpg 600w, https://www.aclu.org/wp-content/uploads/2024/04/ACLU_420_Tee__23611-800x800.jpg 800w, https://www.aclu.org/wp-content/uploads/2024/04/ACLU_420_Tee__23611-1000x1000.jpg 1000w, https://www.aclu.org/wp-content/uploads/2024/04/ACLU_420_Tee__23611-1200x1200.jpg 1200w, https://www.aclu.org/wp-content/uploads/2024/04/ACLU_420_Tee__23611-300x300.jpg 300w sizes=(max-width: 1280px) 100vw, 1280px / /a /figure /div pFrom the gym to the farmer’s market, you’ll want to wear this ultra soft, 100% cotton tee everywhere. The perfect conversation starter, we even included an important message on the bottom./p div class=wp-heading mb-8 hr class=mark / h2 id= class=wp-heading-h2 with-markDope Decorative Art for Your Space/h2 /div div class=wp-heading mb-8 h3 id= class=wp-heading-h3 with-standardPrice: $12/h3 /div div class=wp-sizing-container sizing--standard figure class=wp-image mb-8 a href=https://shop.aclu.org/legalize-and-repair-poster-11x14/ img width=1280 height=1280 src=https://www.aclu.org/wp-content/uploads/2024/04/Legalize_and_Repair_Poster__48648.jpg class=attachment-original size-original alt=A picture of the Legalize and Repair Poster from the ACLU store. decoding=async loading=lazy srcset=https://www.aclu.org/wp-content/uploads/2024/04/Legalize_and_Repair_Poster__48648.jpg 1280w, https://www.aclu.org/wp-content/uploads/2024/04/Legalize_and_Repair_Poster__48648-150x150.jpg 150w, https://www.aclu.org/wp-content/uploads/2024/04/Legalize_and_Repair_Poster__48648-768x768.jpg 768w, https://www.aclu.org/wp-content/uploads/2024/04/Legalize_and_Repair_Poster__48648-400x400.jpg 400w, https://www.aclu.org/wp-content/uploads/2024/04/Legalize_and_Repair_Poster__48648-600x600.jpg 600w, https://www.aclu.org/wp-content/uploads/2024/04/Legalize_and_Repair_Poster__48648-800x800.jpg 800w, https://www.aclu.org/wp-content/uploads/2024/04/Legalize_and_Repair_Poster__48648-1000x1000.jpg 1000w, https://www.aclu.org/wp-content/uploads/2024/04/Legalize_and_Repair_Poster__48648-1200x1200.jpg 1200w, https://www.aclu.org/wp-content/uploads/2024/04/Legalize_and_Repair_Poster__48648-300x300.jpg 300w sizes=(max-width: 1280px) 100vw, 1280px / /a /figure /div pThinking about a Spring decor refresh? 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Our 11”x14” Legalize and Repair Poster is the perfect size and perfect conversation starter./p div class=wp-heading mb-8 hr class=mark / h2 id= class=wp-heading-h2 with-markA Handy Tray Calling for Cannabis Justice/h2 /div div class=wp-heading mb-8 h3 id= class=wp-heading-h3 with-standardPrice: $20/h3 /div div class=wp-sizing-container sizing--standard figure class=wp-image mb-8 a href=https://shop.aclu.org/legalize-repair-tray/ img width=1280 height=1280 src=https://www.aclu.org/wp-content/uploads/2024/04/Legalize_and_Repair_Tray__16468.jpg class=attachment-original size-original alt=A picture of the Legalize and Repair Tray from the ACLU store. decoding=async loading=lazy srcset=https://www.aclu.org/wp-content/uploads/2024/04/Legalize_and_Repair_Tray__16468.jpg 1280w, https://www.aclu.org/wp-content/uploads/2024/04/Legalize_and_Repair_Tray__16468-150x150.jpg 150w, https://www.aclu.org/wp-content/uploads/2024/04/Legalize_and_Repair_Tray__16468-768x768.jpg 768w, https://www.aclu.org/wp-content/uploads/2024/04/Legalize_and_Repair_Tray__16468-400x400.jpg 400w, https://www.aclu.org/wp-content/uploads/2024/04/Legalize_and_Repair_Tray__16468-600x600.jpg 600w, https://www.aclu.org/wp-content/uploads/2024/04/Legalize_and_Repair_Tray__16468-800x800.jpg 800w, https://www.aclu.org/wp-content/uploads/2024/04/Legalize_and_Repair_Tray__16468-1000x1000.jpg 1000w, https://www.aclu.org/wp-content/uploads/2024/04/Legalize_and_Repair_Tray__16468-1200x1200.jpg 1200w, https://www.aclu.org/wp-content/uploads/2024/04/Legalize_and_Repair_Tray__16468-300x300.jpg 300w sizes=(max-width: 1280px) 100vw, 1280px / /a /figure /div pThe travel friendly Legalize and Repair tray has endless uses: from a jewelry catchall to a flat work surface for your hobbies./p div class=wp-heading mb-8 hr class=mark / h2 id= class=wp-heading-h2 with-markA Grinder Perfect for Your Own Personal Blend/h2 /div div class=wp-heading mb-8 h3 id= class=wp-heading-h3 with-markPrice: $25/h3 /div div class=wp-sizing-container sizing--standard figure class=wp-image mb-8 a href=https://shop.aclu.org/legalize-repair-grinder/ img width=1280 height=1280 src=https://www.aclu.org/wp-content/uploads/2024/04/ACLU_420_Grinder__47065.jpg class=attachment-original size-original alt=A picture of the Legalize and Repair Grinder from the ACLU store. decoding=async loading=lazy srcset=https://www.aclu.org/wp-content/uploads/2024/04/ACLU_420_Grinder__47065.jpg 1280w, https://www.aclu.org/wp-content/uploads/2024/04/ACLU_420_Grinder__47065-150x150.jpg 150w, https://www.aclu.org/wp-content/uploads/2024/04/ACLU_420_Grinder__47065-768x768.jpg 768w, https://www.aclu.org/wp-content/uploads/2024/04/ACLU_420_Grinder__47065-400x400.jpg 400w, https://www.aclu.org/wp-content/uploads/2024/04/ACLU_420_Grinder__47065-600x600.jpg 600w, https://www.aclu.org/wp-content/uploads/2024/04/ACLU_420_Grinder__47065-800x800.jpg 800w, https://www.aclu.org/wp-content/uploads/2024/04/ACLU_420_Grinder__47065-1000x1000.jpg 1000w, https://www.aclu.org/wp-content/uploads/2024/04/ACLU_420_Grinder__47065-1200x1200.jpg 1200w, https://www.aclu.org/wp-content/uploads/2024/04/ACLU_420_Grinder__47065-300x300.jpg 300w sizes=(max-width: 1280px) 100vw, 1280px / /a /figure /div pOur aluminum grinder is sturdy enough to grind even the dankest of herbs and spices. Cinnamon and nutmeg have met their match in our 4-piece grinder./p div class=wp-heading mb-8 hr class=mark / h2 id= class=wp-heading-h2 with-markSnuggle Up With Your Favorite ACLU Mascot/h2 /div div class=wp-heading mb-8 h3 id= class=wp-heading-h3 with-standardPrice: $115/h3 /div div class=wp-sizing-container sizing--standard figure class=wp-image mb-8 a href=https://shop.aclu.org/torchy-woven-blanket/ img width=1280 height=1280 src=https://www.aclu.org/wp-content/uploads/2024/04/Torchy_Blanket__18092.jpg class=attachment-original size-original alt=A picture of the Torchy Woven Blanket from the ACLU store. decoding=async loading=lazy srcset=https://www.aclu.org/wp-content/uploads/2024/04/Torchy_Blanket__18092.jpg 1280w, https://www.aclu.org/wp-content/uploads/2024/04/Torchy_Blanket__18092-150x150.jpg 150w, https://www.aclu.org/wp-content/uploads/2024/04/Torchy_Blanket__18092-768x768.jpg 768w, https://www.aclu.org/wp-content/uploads/2024/04/Torchy_Blanket__18092-400x400.jpg 400w, https://www.aclu.org/wp-content/uploads/2024/04/Torchy_Blanket__18092-600x600.jpg 600w, https://www.aclu.org/wp-content/uploads/2024/04/Torchy_Blanket__18092-800x800.jpg 800w, https://www.aclu.org/wp-content/uploads/2024/04/Torchy_Blanket__18092-1000x1000.jpg 1000w, https://www.aclu.org/wp-content/uploads/2024/04/Torchy_Blanket__18092-1200x1200.jpg 1200w, https://www.aclu.org/wp-content/uploads/2024/04/Torchy_Blanket__18092-300x300.jpg 300w sizes=(max-width: 1280px) 100vw, 1280px / /a /figure /div pPicnics will never be the same once the Torchy Woven Blanket is in your life. This blanket can also double as a tapestry for your home. Made of a thick, woven fabric, each blanket is custom made just for you./p div class=wp-heading mb-8 hr class=mark / h2 id= class=wp-heading-h2 with-markA Cozy Crewneck Featuring Torchy in Action /h2 /div div class=wp-heading mb-8 h3 id= class=wp-heading-h3 with-standardPrice: $66/h3 /div div class=wp-sizing-container sizing--standard figure class=wp-image mb-8 a href=https://shop.aclu.org/legalize-repair-crewneck/ img width=1280 height=1280 src=https://www.aclu.org/wp-content/uploads/2024/04/ACLU_420_Crewneck__36977.jpg class=attachment-original size-original alt=A picture of the Legalize And Repair Crewneck from the ACLU store. decoding=async loading=lazy srcset=https://www.aclu.org/wp-content/uploads/2024/04/ACLU_420_Crewneck__36977.jpg 1280w, https://www.aclu.org/wp-content/uploads/2024/04/ACLU_420_Crewneck__36977-150x150.jpg 150w, https://www.aclu.org/wp-content/uploads/2024/04/ACLU_420_Crewneck__36977-768x768.jpg 768w, https://www.aclu.org/wp-content/uploads/2024/04/ACLU_420_Crewneck__36977-400x400.jpg 400w, https://www.aclu.org/wp-content/uploads/2024/04/ACLU_420_Crewneck__36977-600x600.jpg 600w, https://www.aclu.org/wp-content/uploads/2024/04/ACLU_420_Crewneck__36977-800x800.jpg 800w, https://www.aclu.org/wp-content/uploads/2024/04/ACLU_420_Crewneck__36977-1000x1000.jpg 1000w, https://www.aclu.org/wp-content/uploads/2024/04/ACLU_420_Crewneck__36977-1200x1200.jpg 1200w, https://www.aclu.org/wp-content/uploads/2024/04/ACLU_420_Crewneck__36977-300x300.jpg 300w sizes=(max-width: 1280px) 100vw, 1280px / /a /figure /div pWith a unisex fit and an unbelievably comfy feel, the Legalize and Repair Crewneck is the perfect wardrobe addition. 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Location Data Tracks Abortion Clinic Visits. Here’s What to Know

15 March 2024 at 13:59

Our concerns about the selling and misuse of location data for those seeking reproductive and gender healthcare are escalating amid a recent wave of cases and incidents demonstrating that the digital trail we leave is being used by anti-abortion activists.

The good news is some
states and tech companies are taking steps to better protect location data privacy, including information that endangers people needing or seeking information about reproductive and gender-affirming healthcare. But we know more must be done—by pharmacies, our email providers, and lawmakers—to plug gaping holes in location data protection.

Location data is
highly sensitive, as it paints a picture of our daily lives—where we go, who we visit, when we seek medical care, or what clinics we visit. That’s what makes it so attractive to data brokers and law enforcement in states outlawing abortion and gender-affirming healthcare and those seeking to exploit such data for ideological or commercial purposes.

What we’re seeing is deeply troubling. Sen. Ron
Wyden recenty disclosed that vendor Near Intelligence allegedly gathered location data of people’s visits to nearly 600 Planned Parenthood locations across 48 states, without consent. It sold that data to an anti-abortion group, which used it in a massive anti-abortion ad campaign.The Wisconsin-based group used the geofenced data to send mobile ads to people who visited the clinics.

It’s hardly a leap to imagine that law enforcement and bounty hunters in anti-abortion states would gladly buy the same data to find out who is visiting Planned Parenthood clinics and try to charge and imprison women, their families, doctors, and caregivers. That’s the real danger of an unregulated data broker industry; anyone can buy what’s gathered from warrantless surveillance, for whatever nefarious purpose they choose.

For example, police in Idaho, where abortion is illegal,
used cell phone data in an investigation against an Idaho woman and her son charged with kidnapping. The data showed that they had taken the son’s minor girlfriend to Oregon, where abortion is legal, to obtain an abortion.

The exploitation of location data is not the only problem. Information about prescription medicines we take is not protected against law enforcement requests. The nation’s eight largest pharmacy chains, including CVS, Walgreens, and Rite Aid, have routinely turned over
prescription records of thousands of Americans to law enforcement agencies or other government entities secretly without a warrant, according to a congressional inquiry.

Many people may not know that their prescription records can be obtained by law enforcement without too much trouble. There’s not much standing between someone’s self-managed abortion medication and a law enforcement records demand. In April the U.S. Health and Human Services Department proposed a
rule that would prevent healthcare providers and insurers from giving information to state officials trying to prosecute some seeking or providing a legal abortion. A final rule has not yet been published.

Exploitation of location and healthcare data to target communities could easily expand to other groups working to protect bodily autonomy, especially those most likely to suffer targeted harassment and bigotry. With states
passing and proposing bills restricting gender-affirming care and state law enforcement officials pursuing medical records of transgender youth across state lines, it’s not hard to imagine them buying or using location data to find people to prosecute.

To better protect people against police access to sensitive health information, lawmakers in a few states have taken action. In 2022, California
enacted two laws protecting abortion data privacy and preventing California companies from sharing abortion data with out-of-state entities.

Then, last September the state enacted a
shield law prohibiting California-based companies, including social media and tech companies, from disclosing patients’ private communications regarding healthcare that is legally protected in the state.

Massachusetts lawmakers have proposed the
Location Shield Act, which would prohibit the sale of cellphone location information to data brokers. The act would make it harder to trace the path of those traveling to Massachusetts for abortion services.

Of course, tech companies have a huge role to play in location data privacy. EFF was glad when Google said in 2022 it would delete users’ location history for visits to medical facilities, including abortion clinics and counseling and fertility centers. Google pledged that when the location history setting on a device was turned on, it would delete entries for particularly personal places like reproductive health clinics soon after such a visit.

But a
study by AccountableTech testing Google’s pledge said the company wasn’t living up to its promises and continued to collect and retain location data from individuals visiting abortion clinics. Accountable Tech reran the study in late 2023 and the results were again troubling—Google still retained location search query data for some visits to Planned Parenthood clinics. It appears users will have to manually delete location search history to remove information about the routes they take to visiting sensitive locations. It doesn’t happen automatically.

Late last year, Google announced
plans to move saved Timeline entries in Google Maps to users’ devices. Users who want to keep the entries could choose to back up the data to the cloud, where it would be automatically encrypted and out of reach even to Google.

These changes would
appear to make it much more difficult—if not impossible—for Google to provide mass location data in response to a geofence warrant, a change we’ve been asking Google to implement for years. But when these features are coming is uncertain—though Google said in December they’re “coming soon.”

Google should implement the changes sooner as opposed to later. In the meantime, those seeking reproductive and gender information and healthcare can
find tips on how to protect themselves in our Surveillance Self Defense guide. 

A Close Up Look at the Consumer Data Broker Radaris

8 March 2024 at 08:02

If you live in the United States, the data broker Radaris likely knows a great deal about you, and they are happy to sell what they know to anyone. But how much do we know about Radaris? Publicly available data indicates that in addition to running a dizzying array of people-search websites, the co-founders of Radaris operate multiple Russian-language dating services and affiliate programs. It also appears many of their businesses have ties to a California marketing firm that works with a Russian state-run media conglomerate currently sanctioned by the U.S. government.

Formed in 2009, Radaris is a vast people-search network for finding data on individuals, properties, phone numbers, businesses and addresses. Search for any American’s name in Google and the chances are excellent that a listing for them at Radaris.com will show up prominently in the results.

Radaris reports typically bundle a substantial amount of data scraped from public and court documents, including any current or previous addresses and phone numbers, known email addresses and registered domain names. The reports also list address and phone records for the target’s known relatives and associates. Such information could be useful if you were trying to determine the maiden name of someone’s mother, or successfully answer a range of other knowledge-based authentication questions.

Currently, consumer reports advertised for sale at Radaris.com are being fulfilled by a different people-search company called TruthFinder. But Radaris also operates a number of other people-search properties — like Centeda.com — that sell consumer reports directly and behave almost identically to TruthFinder: That is, reel the visitor in with promises of detailed background reports on people, and then charge a $34.99 monthly subscription fee just to view the results.

The Better Business Bureau (BBB) assigns Radaris a rating of “F” for consistently ignoring consumers seeking to have their information removed from Radaris’ various online properties. Of the 159 complaints detailed there in the last year, several were from people who had used third-party identity protection services to have their information removed from Radaris, only to receive a notice a few months later that their Radaris record had been restored.

What’s more, Radaris’ automated process for requesting the removal of your information requires signing up for an account, potentially providing more information about yourself that the company didn’t already have (see screenshot above).

Radaris has not responded to requests for comment.

Radaris, TruthFinder and others like them all force users to agree that their reports will not be used to evaluate someone’s eligibility for credit, or a new apartment or job. This language is so prominent in people-search reports because selling reports for those purposes would classify these firms as consumer reporting agencies (CRAs) and expose them to regulations under the Fair Credit Reporting Act (FCRA).

These data brokers do not want to be treated as CRAs, and for this reason their people search reports typically do not include detailed credit histories, financial information, or full Social Security Numbers (Radaris reports include the first six digits of one’s SSN).

But in September 2023, the U.S. Federal Trade Commission found that TruthFinder and another people-search service Instant Checkmate were trying to have it both ways. The FTC levied a $5.8 million penalty against the companies for allegedly acting as CRAs because they assembled and compiled information on consumers into background reports that were marketed and sold for employment and tenant screening purposes.

An excerpt from the FTC’s complaint against TruthFinder and Instant Checkmate.

The FTC also found TruthFinder and Instant Checkmate deceived users about background report accuracy. The FTC alleges these companies made millions from their monthly subscriptions using push notifications and marketing emails that claimed that the subject of a background report had a criminal or arrest record, when the record was merely a traffic ticket.

“All the while, the companies touted the accuracy of their reports in online ads and other promotional materials, claiming that their reports contain “the MOST ACCURATE information available to the public,” the FTC noted. The FTC says, however, that all the information used in their background reports is obtained from third parties that expressly disclaim that the information is accurate, and that TruthFinder and Instant Checkmate take no steps to verify the accuracy of the information.

The FTC said both companies deceived customers by providing “Remove” and “Flag as Inaccurate” buttons that did not work as advertised. Rather, the “Remove” button removed the disputed information only from the report as displayed to that customer; however, the same item of information remained visible to other customers who searched for the same person.

The FTC also said that when a customer flagged an item in the background report as inaccurate, the companies never took any steps to investigate those claims, to modify the reports, or to flag to other customers that the information had been disputed.

WHO IS RADARIS?

According to Radaris’ profile at the investor website Pitchbook.com, the company’s founder and “co-chief executive officer” is a Massachusetts resident named Gary Norden, also known as Gary Nard.

An analysis of email addresses known to have been used by Mr. Norden shows he is a native Russian man whose real name is Igor Lybarsky (also spelled Lubarsky). Igor’s brother Dmitry, who goes by “Dan,” appears to be the other co-CEO of Radaris. Dmitry Lybarsky’s Facebook/Meta account says he was born in March 1963.

The Lybarsky brothers Dmitry or “Dan” (left) and Igor a.k.a. “Gary,” in an undated photo.

Indirectly or directly, the Lybarskys own multiple properties in both Sherborn and Wellesley, Mass. However, the Radaris website is operated by an offshore entity called Bitseller Expert Ltd, which is incorporated in Cyprus. Neither Lybarsky brother responded to requests for comment.

A review of the domain names registered by Gary Norden shows that beginning in the early 2000s, he and Dan built an e-commerce empire by marketing prepaid calling cards and VOIP services to Russian expatriates who are living in the United States and seeking an affordable way to stay in touch with loved ones back home.

A Sherborn, Mass. property owned by Barsky Real Estate Trust and Dmitry Lybarsky.

In 2012, the main company in charge of providing those calling services — Wellesley Hills, Mass-based Unipoint Technology Inc. — was fined $179,000 by the U.S. Federal Communications Commission, which said Unipoint never applied for a license to provide international telecommunications services.

DomainTools.com shows the email address gnard@unipointtech.com is tied to 137 domains, including radaris.com. DomainTools also shows that the email addresses used by Gary Norden for more than two decades — epop@comby.com, gary@barksy.com and gary1@eprofit.com, among others — appear in WHOIS registration records for an entire fleet of people-search websites, including: centeda.com, virtory.com, clubset.com, kworld.com, newenglandfacts.com, and pub360.com.

Still more people-search platforms tied to Gary Norden– like publicreports.com and arrestfacts.com — currently funnel interested customers to third-party search companies, such as TruthFinder and PersonTrust.com.

The email addresses used by Gary Nard/Gary Norden are also connected to a slew of data broker websites that sell reports on businesses, real estate holdings, and professionals, including bizstanding.com, homemetry.com, trustoria.com, homeflock.com, rehold.com, difive.com and projectlab.com.

AFFILIATE & ADULT

Domain records indicate that Gary and Dan for many years operated a now-defunct pay-per-click affiliate advertising network called affiliate.ru. That entity used domain name servers tied to the aforementioned domains comby.com and eprofit.com, as did radaris.ru.

A machine-translated version of Affiliate.ru, a Russian-language site that advertised hundreds of money making affiliate programs, including the Comfi.com prepaid calling card affiliate.

Comby.com used to be a Russian language social media network that looked a great deal like Facebook. The domain now forwards visitors to Privet.ru (“hello” in Russian), a dating site that claims to have 5 million users. Privet.ru says it belongs to a company called Dating Factory, which lists offices in Switzerland. Privet.ru uses the Gary Norden domain eprofit.com for its domain name servers.

Dating Factory’s website says it sells “powerful dating technology” to help customers create unique or niche dating websites. A review of the sample images available on the Dating Factory homepage suggests the term “dating” in this context refers to adult websites. Dating Factory also operates a community called FacebookOfSex, as well as the domain analslappers.com.

RUSSIAN AMERICA

Email addresses for the Comby and Eprofit domains indicate Gary Norden operates an entity in Wellesley Hills, Mass. called RussianAmerican Holding Inc. (russianamerica.com). This organization is listed as the owner of the domain newyork.ru, which is a site dedicated to orienting newcomers from Russia to the Big Apple.

Newyork.ru’s terms of service refer to an international calling card company called ComFi Inc. (comfi.com) and list an address as PO Box 81362 Wellesley Hills, Ma. Other sites that include this address are russianamerica.com, russianboston.com, russianchicago.com, russianla.com, russiansanfran.com, russianmiami.com, russiancleveland.com and russianseattle.com (currently offline).

ComFi is tied to Comfibook.com, which was a search aggregator website that collected and published data from many online and offline sources, including phone directories, social networks, online photo albums, and public records.

The current website for russianamerica.com. Note the ad in the bottom left corner of this image for Channel One, a Russian state-owned media firm that is currently sanctioned by the U.S. government.

AMERICAN RUSSIAN MEDIA

Many of the U.S. city-specific online properties apparently tied to Gary Norden include phone numbers on their contact pages for a pair of Russian media and advertising firms based in southern California. The phone number 323-874-8211 appears on the websites russianla.com, russiasanfran.com, and rosconcert.com, which sells tickets to theater events performed in Russian.

Historic domain registration records from DomainTools show rosconcert.com was registered in 2003 to Unipoint Technologies — the same company fined by the FCC for not having a license. Rosconcert.com also lists the phone number 818-377-2101.

A phone number just a few digits away — 323-874-8205 — appears as a point of contact on newyork.ru, russianmiami.com, russiancleveland.com, and russianchicago.com. A search in Google shows this 82xx number range — and the 818-377-2101 number — belong to two different entities at the same UPS Store mailbox in Tarzana, Calif: American Russian Media Inc. (armediacorp.com), and Lamedia.biz.

Armediacorp.com is the home of FACT Magazine, a glossy Russian-language publication put out jointly by the American-Russian Business Council, the Hollywood Chamber of Commerce, and the West Hollywood Chamber of Commerce.

Lamedia.biz says it is an international media organization with more than 25 years of experience within the Russian-speaking community on the West Coast. The site advertises FACT Magazine and the Russian state-owned media outlet Channel One. Clicking the Channel One link on the homepage shows Lamedia.biz offers to submit advertising spots that can be shown to Channel One viewers. The price for a basic ad is listed at $500.

In May 2022, the U.S. government levied financial sanctions against Channel One that bar US companies or citizens from doing business with the company.

The website of lamedia.biz offers to sell advertising on two Russian state-owned media firms currently sanctioned by the U.S. government.

LEGAL ACTIONS AGAINST RADARIS

In 2014, a group of people sued Radaris in a class-action lawsuit claiming the company’s practices violated the Fair Credit Reporting Act. Court records indicate the defendants never showed up in court to dispute the claims, and as a result the judge eventually awarded the plaintiffs a default judgement and ordered the company to pay $7.5 million.

But the plaintiffs in that civil case had a difficult time collecting on the court’s ruling. In response, the court ordered the radaris.com domain name (~9.4M monthly visitors) to be handed over to the plaintiffs.

However, in 2018 Radaris was able to reclaim their domain on a technicality. Attorneys for the company argued that their clients were never named as defendants in the original lawsuit, and so their domain could not legally be taken away from them in a civil judgment.

“Because our clients were never named as parties to the litigation, and were never served in the litigation, the taking of their property without due process is a violation of their rights,” Radaris’ attorneys argued.

In October 2023, an Illinois resident filed a class-action lawsuit against Radaris for allegedly using people’s names for commercial purposes, in violation of the Illinois Right of Publicity Act.

On Feb. 8, 2024, a company called Atlas Data Privacy Corp. sued Radaris LLC for allegedly violating “Daniel’s Law,” a statute that allows New Jersey law enforcement, government personnel, judges and their families to have their information completely removed from people-search services and commercial data brokers. Atlas has filed at least 140 similar Daniel’s Law complaints against data brokers recently.

Daniel’s Law was enacted in response to the death of 20-year-old Daniel Anderl, who was killed in a violent attack targeting a federal judge (his mother). In July 2020, a disgruntled attorney who had appeared before U.S. District Judge Esther Salas disguised himself as a Fedex driver, went to her home and shot and killed her son (the judge was unharmed and the assailant killed himself).

Earlier this month, The Record reported on Atlas Data Privacy’s lawsuit against LexisNexis Risk Data Management, in which the plaintiffs representing thousands of law enforcement personnel in New Jersey alleged that after they asked for their information to remain private, the data broker retaliated against them by freezing their credit and falsely reporting them as identity theft victims.

Another data broker sued by Atlas Data Privacy — pogodata.com — announced on Mar. 1 that it was likely shutting down because of the lawsuit.

“The matter is far from resolved but your response motivates us to try to bring back most of the names while preserving redaction of the 17,000 or so clients of the redaction company,” the company wrote. “While little consolation, we are not alone in the suit – the privacy company sued 140 property-data sites at the same time as PogoData.”

Atlas says their goal is convince more states to pass similar laws, and to extend those protections to other groups such as teachers, healthcare personnel and social workers. Meanwhile, media law experts say they’re concerned that enacting Daniel’s Law in other states would limit the ability of journalists to hold public officials accountable, and allow authorities to pursue criminals charges against media outlets that publish the same type of public and governments records that fuel the people-search industry.

PEOPLE-SEARCH CARVE-OUTS

There are some pending changes to the US legal and regulatory landscape that could soon reshape large swaths of the data broker industry. But experts say it is unlikely that any of these changes will affect people-search companies like Radaris.

On Feb. 28, 2024, the White House issued an executive order that directs the U.S. Department of Justice (DOJ) to create regulations that would prevent data brokers from selling or transferring abroad certain data types deemed too sensitive, including genomic and biometric data, geolocation and financial data, as well as other as-yet unspecified personal identifiers. The DOJ this week published a list of more than 100 questions it is seeking answers to regarding the data broker industry.

In August 2023, the Consumer Financial Protection Bureau (CFPB) announced it was undertaking new rulemaking related to data brokers.

Justin Sherman, an adjunct professor at Duke University, said neither the CFPB nor White House rulemaking will likely address people-search brokers because these companies typically get their information by scouring federal, state and local government records. Those government files include voting registries, property filings, marriage certificates, motor vehicle records, criminal records, court documents, death records, professional licenses, bankruptcy filings, and more.

“These dossiers contain everything from individuals’ names, addresses, and family information to data about finances, criminal justice system history, and home and vehicle purchases,” Sherman wrote in an October 2023 article for Lawfare. “People search websites’ business pitch boils down to the fact that they have done the work of compiling data, digitizing it, and linking it to specific people so that it can be searched online.”

Sherman said while there are ongoing debates about whether people search data brokers have legal responsibilities to the people about whom they gather and sell data, the sources of this information — public records — are completely carved out from every single state consumer privacy law.

“Consumer privacy laws in California, Colorado, Connecticut, Delaware, Indiana, Iowa, Montana, Oregon, Tennessee, Texas, Utah, and Virginia all contain highly similar or completely identical carve-outs for ‘publicly available information’ or government records,” Sherman wrote. “Tennessee’s consumer data privacy law, for example, stipulates that “personal information,” a cornerstone of the legislation, does not include ‘publicly available information,’ defined as:

“…information that is lawfully made available through federal, state, or local government records, or information that a business has a reasonable basis to believe is lawfully made available to the general public through widely distributed media, by the consumer, or by a person to whom the consumer has disclosed the information, unless the consumer has restricted the information to a specific audience.”

Sherman said this is the same language as the carve-out in the California privacy regime, which is often held up as the national leader in state privacy regulations. He said with a limited set of exceptions for survivors of stalking and domestic violence, even under California’s newly passed Delete Act — which creates a centralized mechanism for consumers to ask some third-party data brokers to delete their information — consumers across the board cannot exercise these rights when it comes to data scraped from property filings, marriage certificates, and public court documents, for example.

“With some very narrow exceptions, it’s either extremely difficult or impossible to compel these companies to remove your information from their sites,” Sherman told KrebsOnSecurity. “Even in states like California, every single consumer privacy law in the country completely exempts publicly available information.”

Below is a mind map that helped KrebsOnSecurity track relationships between and among the various organizations named in the story above:

A mind map of various entities apparently tied to Radaris and the company’s co-founders. Click to enlarge.

Supreme Court Signals that Institutions Can Keep Designing Programs to Foster Diversity, After Affirmative Action Ruling

pSince the Supreme Court struck down longstanding affirmative action admissions policies this past summer in iSFFA v. Harvard/UNC/i, institutions from a variety of sectors have grappled with how to stay true to their commitments to equal opportunity in light of the court’s ruling. But this week, the Supreme Court did something noteworthy: it refused to hear a challenge to a high school admissions policy designed to eliminate unfair barriers for students of color. In doing so, the justices sent a signal that institutions can continue to find innovative ways to ensure equal opportunity for all within the parameters of their relatively narrow decision on affirmative action./p pThe admissions policy at issue in iCoalition for TJ v. Fairfax County School Board, /iis just that — a thoughtful approach to ensuring that highly qualified students from all backgrounds have a fair shot at getting into Thomas Jefferson High School (TJ), the top public high school in Virginia. Recognizing the importance of a diverse student body, TJ removed arbitrary and unfair barriers to eligible Black, Latine and lower-income students of all races and ethnicities. Instead of relying only on standardized tests, which can exclude well-qualified candidates of color, the new process considers a broad range of factors, including performance on a problem-solving essay. The school also adopted a percentage plan that guarantees seats to the most competitive candidates from all eligible middle schools — not just select “feeder” schools in wealthy neighborhoods. By declining to take up the case, the Supreme Court has effectively let this policy stand./p pAnd earlier this month, the court reinforced that its decision in iSFFA/i was a narrow one, allowing West Point and the U.S. Naval Academy to continue their race-based affirmative action programs, while challenges proceed in the lower courts. Although the court did not explore the constitutionality of these programs, by declining to hear these challenges, it is leaving the door open for institutions to design creative solutions for expanding opportunity and fostering diversity./p div class=mp-md wp-link div class=wp-link__img-wrapper a href=https://www.aclu.org/news/racial-justice/moving-beyond-the-supreme-courts-affirmative-action-rulings target=_blank tabindex=-1 img width=1200 height=628 src=https://www.aclu.org/wp-content/uploads/2023/09/5b9568cda96c187ab07088cee177a66e.jpg class=attachment-original size-original alt= decoding=async loading=lazy srcset=https://www.aclu.org/wp-content/uploads/2023/09/5b9568cda96c187ab07088cee177a66e.jpg 1200w, https://www.aclu.org/wp-content/uploads/2023/09/5b9568cda96c187ab07088cee177a66e-768x402.jpg 768w, https://www.aclu.org/wp-content/uploads/2023/09/5b9568cda96c187ab07088cee177a66e-400x209.jpg 400w, https://www.aclu.org/wp-content/uploads/2023/09/5b9568cda96c187ab07088cee177a66e-600x314.jpg 600w, https://www.aclu.org/wp-content/uploads/2023/09/5b9568cda96c187ab07088cee177a66e-800x419.jpg 800w, https://www.aclu.org/wp-content/uploads/2023/09/5b9568cda96c187ab07088cee177a66e-1000x523.jpg 1000w sizes=(max-width: 1200px) 100vw, 1200px / /a /div div class=wp-link__title a href=https://www.aclu.org/news/racial-justice/moving-beyond-the-supreme-courts-affirmative-action-rulings target=_blank Moving Beyond the Supreme Court’s Affirmative Action Rulings /a /div div class=wp-link__description a href=https://www.aclu.org/news/racial-justice/moving-beyond-the-supreme-courts-affirmative-action-rulings target=_blank tabindex=-1 p class=is-size-7-mobile is-size-6-tabletThe work to ensure educational opportunities for people of color continues, despite the court’s decision./p /a /div div class=wp-link__source p-4 px-6-tablet a href=https://www.aclu.org/news/racial-justice/moving-beyond-the-supreme-courts-affirmative-action-rulings target=_blank tabindex=-1 p class=is-size-7Source: American Civil Liberties Union/p /a /div /div pThis mission is more critical now than ever. Discrimination and deep-seated racial inequities that so many educational institutions, businesses, and other entities are working to address remain critical challenges. Since the 1990s, public education in the U.S. has grown a href=https://www.aclu.org/documents/amici-curiae-of-the-aclu-aclu-va-in-coalition-for-t-j-v-fairfax-county-school-boardsignificantly imore /i/asegregated by race. Black and Brown students are more likely to attend schools that are doubly segregated: racially isolated and with fewer resources but higher needs. In the employment sector, Black workers face persistent gaps in promotion, pay, and a href=https://www.cnbc.com/2024/02/15/racial-wage-gap-starts-as-early-as-16-heres-why.htmlopportunity/a. The a href=https://www.nytimes.com/2021/06/28/business/economy/black-workers-racial-pay-gap.htmlBlack-white wage gap/a was larger in a href=https://www.nytimes.com/2021/06/28/business/economy/black-workers-racial-pay-gap.html2020 than it was in 1970./a Black, Latina, and Native women make less than 65 cents for every dollar earned by a white man, a differential that adds up to a href=https://nwlc.org/wp-content/uploads/2021/03/EPD-2021-v1.pdfnearly a million dollars lost/a over the course of a woman’s career./p pThis reality was not lost on the Supreme Court. Even in its decision to strike down Harvard and UNC’s affirmative action policies, the court reaffirmed that the pursuit of diversity is a “a href=https://www.supremecourt.gov/opinions/22pdf/20-1199_hgdj.pdfcommendable goals/a”. In his concurrence, Justice Brett Kavanaugh stressed that schools “can, of course, act to undo the effects of past discrimination in many permissible ways.”/p pThat said, under the new legal landscape we face, opening the doors of opportunity will require careful construction, clarity of conviction, and steadfast commitment in the face of a well-resourced movement against progress. In designing programs to foster principles of fairness and equality, institutions need to be mindful that courts will pay more exacting scrutiny to programs that consider an individual’s race. Further, institutions need to be prepared to face highly organized attacks, including “warning” letters and legal challenges blatantly distorting the state of the law. These attacks have created a culture of fear and legal uncertainty specifically intended to coerce institutions into abandoning their commitments to equal opportunity — in some cases, successfully./p pWe cannot let this happen. Proactive efforts to ensure full and equal opportunity are more, not less, urgent in light of the Supreme Court’s decision. Institutions should examine their admissions, scholarship and fellowship programs, as well as recruitment and hiring practices, to ensure that they expand pipelines of opportunity for all. Schools, businesses, and others must not shy away from their DEI efforts, offices, and trainings, but instead should double down on the many lawful and effective approaches that remain. Schools and workplaces should take steps to foster a climate in which people of all races and ethnicities belong and can meet their full potential. And institutions must still comply with anti-discrimination laws, including those that prohibit unnecessary barriers to opportunity for people based on race or ethnicity. As the values of diversity and equal opportunity are themselves under attack, we must continue to push even harder for progress. It is not only the right thing to do, but what the law both permits and requires./p

President Biden's Order to Ban Private Prisons Faces a Persistent Internal Challenge: The U.S. Marshals Service

pAt the onset of President Biden’s term, in January 2021, he issued an a href=https://www.whitehouse.gov/briefing-room/presidential-actions/2021/01/26/executive-order-reforming-our-incarceration-system-to-eliminate-the-use-of-privately-operated-criminal-detention-facilities/executive order/a to phase out the federal criminal system’s use of for-profit prisons. This was an important step toward stemming the flow of federal money to corporations that lock people up for profit. The executive order covered both the Federal Bureau of Prisons, which holds people convicted of crimes, and the U.S. Marshals Service, which holds people while they await trial or await transfer to a federal prison after sentencing. However, it left out the federal government’s a href=https://www.washingtonpost.com/opinions/2021/01/28/biden-is-ending-justice-departments-contracts-with-private-prisons-now-end-ices/heavy use of for-profit immigration detention facilities/a, which are rife with abuse, unsanitary conditions, and overcrowding./p pThe Bureau of Prisons followed the executive order and has a href=https://www.bop.gov/resources/news/20221201_ends_use_of_privately_owned_prisons.jspclosed all of its for-profit prisons/a. The Marshals Service has not. An a href=https://www.aclu.org/wp-content/uploads/2023/09/2023.09.15-FINAL-ACLU-Letter-on-USMS-Failure-to-Comply-with-EO-14006.pdfACLU analysis/a of documents produced in response to a Freedom of Information Act request shows that, despite the executive order, the Marshals Service continues to hold nearly a third of its entire detention population in for-profit facilities, totaling 20,000 people. It does this by exploiting two loopholes it has created that undermine the purpose of the executive order: to end prison profiteering./p div class=mp-md wp-link div class=wp-link__img-wrapper a href=https://www.aclu.org/wp-content/uploads/2023/09/2023.09.15-FINAL-ACLU-Letter-on-USMS-Failure-to-Comply-with-EO-14006.pdf target=_blank tabindex=-1 /a /div div class=wp-link__title a href=https://www.aclu.org/wp-content/uploads/2023/09/2023.09.15-FINAL-ACLU-Letter-on-USMS-Failure-to-Comply-with-EO-14006.pdf target=_blank The ACLU's Letter to the United States Marshals Service Due to It's Failure to Comply with Executive Order 14006 /a /div div class=wp-link__description a href=https://www.aclu.org/wp-content/uploads/2023/09/2023.09.15-FINAL-ACLU-Letter-on-USMS-Failure-to-Comply-with-EO-14006.pdf target=_blank tabindex=-1 p class=is-size-7-mobile is-size-6-tablet/p /a /div div class=wp-link__source p-4 px-6-tablet a href=https://www.aclu.org/wp-content/uploads/2023/09/2023.09.15-FINAL-ACLU-Letter-on-USMS-Failure-to-Comply-with-EO-14006.pdf target=_blank tabindex=-1 p class=is-size-7Source: American Civil Liberties Union/p /a /div /div pFirst, the Marshals Service has obtained repeated waivers from the White House that allow it to ignore the executive order and keep five for-profit facilities open. The Marshals Service and White House have not publicized these waivers, and when internal government investigators asked for documentation of these waivers, they were a href=https://oig.justice.gov/sites/default/files/reports/23-055.pdf“told that no such documentation existed.”/a/p pSecond, the Marshals Service has determined that it can continue to pay corporations to operate detention facilities for profit, so long as it uses a city or county government as a middleman. Under this arrangement, known as a “pass-through” agreement, the Marshals Service pays a city or county government, which keeps a portion of the payment and passes along most of the payment to the corporation that runs the facility. An a href=https://oig.justice.gov/sites/default/files/reports/23-055.pdfinternal government investigation/a found that these agreements cost the Marshals Service more and provide less control and oversight over operations at its detention facilities./p div class=mp-md wp-link div class=wp-link__img-wrapper a href=https://www.aclu.org/news/smart-justice/americas-pretrial-system-broken-heres-our-vision-fix-it target=_blank tabindex=-1 img width=1160 height=768 src=https://www.aclu.org/wp-content/uploads/2024/03/e6684cdc9ab1c58813941b773a90730e.jpg class=attachment-original size-original alt= decoding=async loading=lazy srcset=https://www.aclu.org/wp-content/uploads/2024/03/e6684cdc9ab1c58813941b773a90730e.jpg 1160w, https://www.aclu.org/wp-content/uploads/2024/03/e6684cdc9ab1c58813941b773a90730e-768x508.jpg 768w, https://www.aclu.org/wp-content/uploads/2024/03/e6684cdc9ab1c58813941b773a90730e-400x265.jpg 400w, https://www.aclu.org/wp-content/uploads/2024/03/e6684cdc9ab1c58813941b773a90730e-600x397.jpg 600w, https://www.aclu.org/wp-content/uploads/2024/03/e6684cdc9ab1c58813941b773a90730e-800x530.jpg 800w, https://www.aclu.org/wp-content/uploads/2024/03/e6684cdc9ab1c58813941b773a90730e-1000x662.jpg 1000w sizes=(max-width: 1160px) 100vw, 1160px / /a /div div class=wp-link__title a href=https://www.aclu.org/news/smart-justice/americas-pretrial-system-broken-heres-our-vision-fix-it target=_blank America’s Pretrial System Is Broken. Here’s Our Vision to Fix It. /a /div div class=wp-link__description a href=https://www.aclu.org/news/smart-justice/americas-pretrial-system-broken-heres-our-vision-fix-it target=_blank tabindex=-1 p class=is-size-7-mobile is-size-6-tablet/p /a /div div class=wp-link__source p-4 px-6-tablet a href=https://www.aclu.org/news/smart-justice/americas-pretrial-system-broken-heres-our-vision-fix-it target=_blank tabindex=-1 p class=is-size-7Source: American Civil Liberties Union/p /a /div /div pBy using these two loopholes to keep funneling money to corporations that profit from incarceration, the Marshals Service perpetuates the harm that these corporations cause. In the words of a href=https://www.independent.co.uk/news/world/americas/us-politics/biden-private-prisons-susan-rice-b1793046.htmlPresident Biden’s domestic policy advisor/a: “Private prisons profiteer off federal prisoners and are proven to be, or found to be by the Department of Justice inspector general, less safe for correctional officers and prisoners.”/p pA a href=https://news.wsu.edu/press-release/2020/09/15/privatized-prisons-lead-inmates-longer-sentences-study-finds/statistical analysis/a has shown that as states turn more to for-profit prisons, their incarceration rates increase. This should come as no surprise: for-profit prison companies use the taxpayer money they receive to lobby extensively for increased incarceration. The two largest for-profit prison companies spent a href=https://www.opensecrets.org/federal-lobbying/clients/summary?cycle=2023amp;id=D000021940$1.7 million/a and a href=https://www.opensecrets.org/federal-lobbying/clients/summary?cycle=2023amp;id=D000022003$1.3 million/a lobbying the federal government alone, with more money going to state lobbying. This does not include the for-profit prison industry’s significant donations to political campaigns and PACs. a href=https://www.americanprogress.org/article/trumps-executive-order-rewards-private-prison-campaign-donors/For example/a, these two companies each spent a quarter million on President Trump’s 2017 inauguration festivities, and one donated $225,000 to a pro-Trump super PAC./p pCongress has taken notice. Nine senators wrote a a href=https://judiciary.house.gov/committee-activity/hearings/oversight-united-states-marshals-serviceletter/a to “express deep concern that the [Marshals Service] appears to be circumventing President Biden’s Executive Order.”/p pThere are a few concrete steps that the Biden administration and the Marshals Service can take now to address these problems and plan for an orderly transition away from for-profit prison companies. First and foremost, they should work together to a href=https://www.aclu.org/news/smart-justice/americas-pretrial-system-broken-heres-our-vision-fix-itdivert people away from pre-trial detention/a in a way that protects community safety and ensures people show up for their trials. With fewer people to detain, the Marshals Service will have less need to pay for-profit facilities./p pThe Biden administration and Marshals Service should also work to find viable alternatives to for-profit facilities for those who remain in detention, where people can be held near their families, friends, and lawyers. People have a right to confer with their attorney regularly to prepare a defense, and numerous studies show that proximity to loved ones and support networks supports better outcomes when people are released from custody./p pAs they do this, they should be transparent. The Marshals Service should publish its plan to close the five for-profit prisons with which it continues to directly contract. It should develop a plan to stop using pass-through intergovernmental agreements and publish a plan to phase out these detention facilities as well. Spending taxpayer dollars to enrich private corporations and shareholders who run facilities with abusive practices, poor medical care, and unsanitary conditions is a policy that harms incarcerated individuals and creates unsafe working conditions for correctional officers. The Biden administration has called for an end to this policy, it is past time for the Marshals Service to listen./p

Sen. Wyden Exposes Data Brokers Selling Location Data to Anti-Abortion Groups That Target Abortion Seekers

27 February 2024 at 19:58

This post was written by Jack Beck, an EFF legal intern

In a recent letter to the FTC and SEC, Sen. Ron Wyden (OR) details new information on data broker Near, which sold the location data of people seeking reproductive healthcare to anti-abortion groups. Near enabled these groups to send targeted ads promoting anti-abortion content to people who had visited Planned Parenthood and similar clinics.

In May 2023, the Wall Street Journal reported that Near was selling location data to anti-abortion groups. Specifically, the Journal found that the Veritas Society, a non-profit established by Wisconsin Right to Life, had hired ad agency Recrue Media. That agency purchased location data from Near and used it to target anti-abortion messaging at people who had sought reproductive healthcare.

The Veritas Society detailed the operation on its website (on a page that was taken down but saved by the Internet Archive) and stated that it delivered over 14 million ads to people who visited reproductive healthcare clinics. These ads appeared on Facebook, Instagram, Snapchat, and other social media for people who had sought reproductive healthcare.

When contacted by Sen. Wyden’s investigative team, Recrue staff admitted that the agency used Near’s website to literally “draw a line” around areas their client wanted them to target. They drew these lines around reproductive health care facilities across the country, using location data purchased from Near to target visitors to 600 Planned Parenthood different locations. Sen. Wyden’s team also confirmed with Near that, until the summer of 2022, no safeguards were in place to protect the data privacy of people visiting sensitive places.

Moreover, as Sen. Wyden explains in his letter, Near was selling data to the government, though it claimed on its website to be doing no such thing. As of October 18, 2023, Sen. Wyden’s investigation found Near was still selling location data harvested from Americans without their informed consent.

Near’s invasion of our privacy shows why Congress and the states must enact privacy-first legislation that limits how corporations collect and monetize our data. We also need privacy statutes that prevent the government from sidestepping the Fourth Amendment by purchasing location information—as Sen. Wyden has proposed. Even the government admits this is a problem.  Furthermore, as Near’s misconduct illustrates, safeguards must be in place that protect people in sensitive locations from being tracked.

This isn’t the first time we’ve seen data brokers sell information that can reveal visits to abortion clinics. We need laws now to strengthen privacy protections for consumers. We thank Sen. Wyden for conducting this investigation. We also commend the FTC’s recent bar on a data broker selling sensitive location data. We hope this represents the start of a longstanding trend.

New Leak Shows Business Side of China’s APT Menace

22 February 2024 at 08:27

A new data leak that appears to have come from one of China’s top private cybersecurity firms provides a rare glimpse into the commercial side of China’s many state-sponsored hacking groups. Experts say the leak illustrates how Chinese government agencies increasingly are contracting out foreign espionage campaigns to the nation’s burgeoning and highly competitive cybersecurity industry.

A marketing slide deck promoting i-SOON’s Advanced Persistent Threat (APT) capabilities.

A large cache of more than 500 documents published to GitHub last week indicate the records come from i-SOON, a technology company headquartered in Shanghai that is perhaps best known for providing cybersecurity training courses throughout China. But the leaked documents, which include candid employee chat conversations and images, show a less public side of i-SOON, one that frequently initiates and sustains cyberespionage campaigns commissioned by various Chinese government agencies.

The leaked documents suggest i-SOON employees were responsible for a raft of cyber intrusions over many years, infiltrating government systems in the United Kingdom and countries throughout Asia. Although the cache does not include raw data stolen from cyber espionage targets, it features numerous documents listing the level of access gained and the types of data exposed in each intrusion.

Security experts who reviewed the leaked data say they believe the information is legitimate, and that i-SOON works closely with China’s Ministry of Public Security and the military. In 2021, the Sichuan provincial government named i-SOON as one of “the top 30 information security companies.”

“The leak provides some of the most concrete details seen publicly to date, revealing the maturing nature of China’s cyber espionage ecosystem,” said Dakota Cary, a China-focused consultant at the security firm SentinelOne. “It shows explicitly how government targeting requirements drive a competitive marketplace of independent contractor hackers-for-hire.”

Mei Danowski is a former intelligence analyst and China expert who now writes about her research in a Substack publication called Natto Thoughts. Danowski said i-SOON has achieved the highest secrecy classification that a non-state-owned company can receive, which qualifies the company to conduct classified research and development related to state security.

i-SOON’s “business services” webpage states that the company’s offerings include public security, anti-fraud, blockchain forensics, enterprise security solutions, and training. Danowski said that in 2013, i-SOON established a department for research on developing new APT network penetration methods.

APT stands for Advanced Persistent Threat, a term that generally refers to state-sponsored hacking groups. Indeed, among the documents apparently leaked from i-SOON is a sales pitch slide boldly highlighting the hacking prowess of the company’s “APT research team” (see screenshot above).

i-SOON CEO Wu Haibo, in 2011. Image: nattothoughts.substack.com.

The leaked documents included a lengthy chat conversation between the company’s founders, who repeatedly discuss flagging sales and the need to secure more employees and government contracts. Danowski said the CEO of i-SOON, Wu Haibo (“Shutdown” in the leaked chats) is a well-known first-generation red hacker or “Honker,” and an early member of Green Army — the very first Chinese hacktivist group founded in 1997. Mr. Haibo has not yet responded to a request for comment.

In October 2023, Danowski detailed how i-SOON became embroiled in a software development contract dispute when it was sued by a competing Chinese cybersecurity company called Chengdu 404. In September 2020, the U.S. Department of Justice unsealed indictments against multiple Chengdu 404 employees, charging that the company was a facade that hid more than a decade’s worth of cyber intrusions attributed to a threat actor group known as “APT 41.”

Danowski said the existence of this legal dispute suggests that Chengdu 404 and i-SOON have or at one time had a business relationship, and that one company likely served as a subcontractor to the other.

“From what they chat about we can see this is a very competitive industry, where companies in this space are constantly poaching each others’ employees and tools,” Danowski said. “The infosec industry is always trying to distinguish [the work] of one APT group from another. But that’s getting harder to do.”

It remains unclear if i-SOON’s work has earned it a unique APT designation. But Will Thomas, a cyber threat intelligence researcher at Equinix, found an Internet address in the leaked data that corresponds to a domain flagged in a 2019 Citizen Lab report about one-click mobile phone exploits that were being used to target groups in Tibet. The 2019 report referred to the threat actor behind those attacks as an APT group called Poison Carp.

Several images and chat records in the data leak suggest i-SOON’s clients periodically gave the company a list of targets they wanted to infiltrate, but sometimes employees confused the instructions. One screenshot shows a conversation in which an employee tells his boss they’ve just hacked one of the universities on their latest list, only to be told that the victim in question was not actually listed as a desired target.

The leaked chats show i-SOON continuously tried to recruit new talent by hosting a series of hacking competitions across China. It also performed charity work, and sought to engage employees and sustain morale with various team-building events.

However, the chats include multiple conversations between employees commiserating over long hours and low pay. The overall tone of the discussions indicates employee morale was quite low and that the workplace environment was fairly toxic. In several of the conversations, i-SOON employees openly discuss with their bosses how much money they just lost gambling online with their mobile phones while at work.

Danowski believes the i-SOON data was probably leaked by one of those disgruntled employees.

“This was released the first working day after the Chinese New Year,” Danowski said. “Definitely whoever did this planned it, because you can’t get all this information all at once.”

SentinelOne’s Cary said he came to the same conclusion, noting that the Protonmail account tied to the GitHub profile that published the records was registered a month before the leak, on January 15, 2024.

China’s much vaunted Great Firewall not only lets the government control and limit what citizens can access online, but this distributed spying apparatus allows authorities to block data on Chinese citizens and companies from ever leaving the country.

As a result, China enjoys a remarkable information asymmetry vis-a-vis virtually all other industrialized nations. Which is why this apparent data leak from i-SOON is such a rare find for Western security researchers.

“I was so excited to see this,” Cary said. “Every day I hope for data leaks coming out of China.”

That information asymmetry is at the heart of the Chinese government’s cyberwarfare goals, according to a 2023 analysis by Margin Research performed on behalf of the Defense Advanced Research Projects Agency (DARPA).

“In the area of cyberwarfare, the western governments see cyberspace as a ‘fifth domain’ of warfare,” the Margin study observed. “The Chinese, however, look at cyberspace in the broader context of information space. The ultimate objective is, not ‘control’ of cyberspace, but control of information, a vision that dominates China’s cyber operations.”

The National Cybersecurity Strategy issued by the White House last year singles out China as the biggest cyber threat to U.S. interests. While the United States government does contract certain aspects of its cyber operations to companies in the private sector, it does not follow China’s example in promoting the wholesale theft of state and corporate secrets for the commercial benefit of its own private industries.

Dave Aitel, a co-author of the Margin Research report and former computer scientist at the U.S. National Security Agency, said it’s nice to see that Chinese cybersecurity firms have to deal with all of the same contracting headaches facing U.S. companies seeking work with the federal government.

“This leak just shows there’s layers of contractors all the way down,” Aitel said. “It’s pretty fun to see the Chinese version of it.”

“There Was No One That Looked Like Me:” Why Diversity Matters in the Military

pLast year, the Supreme Court overturned its prior holdings on affirmative action, effectively ending race-conscious admissions practices in most colleges and universities and, consequently, restricting the ability of schools to address systemic racial inequalities that persist in higher education. But the court’s decision was left with one exception: military service academies. Now, the same group that brought to the Supreme Court the case that overturned affirmative action, Students for Fair Admissions (SFFA), is suing the U.S. Naval Academy and West Point, alleging in two separate lawsuits that the military academies’ use of race in their admissions processes is unconstitutional./p pAffirmative action at service academies is essential for confronting our military’s discriminatory history, which continues to impact service members of color. The ACLU, the ACLU of Maryland, and NYCLU, along with our partners NAACP Legal Defense Fund and the National Association of Black Military Women, filed two amicus briefs in a href=https://www.aclu.org/documents/amici-curiae-of-the-aclu-and-nyclu-students-for-fair-admissions-v-the-u-s-military-academy-at-west-point-et-alNew York /aand a href=https://www.aclu.org/documents/amici-curiae-of-the-aclu-and-aclu-md-for-students-for-fair-admissions-v-the-u-s-naval-academy-et-alMaryland/a in support of affirmative action, highlighting the experiences of people of color, specifically the unique experience of Black women in the military./p pWe recently spoke with three veterans who are members of the National Association of Black Military Women. They shared insight into their personal experiences and challenges within the military — from facing unachievable uniform requirements to highlighting the importance of representation. Our conversation has been edited for length and clarity./p div class=wp-heading mb-8 h2 id= class=wp-heading-h2 with-standardNavy Veteran Sheena Todd - 2010 - 2015/h2 /div div class=wp-sizing-container sizing--half alignment--left figure class=wp-image mb-8 img width=467 height=640 src=https://www.aclu.org/wp-content/uploads/2024/02/IMG_4133.jpeg class=attachment-original size-original alt=A photo of Sheena Todd. decoding=async loading=lazy srcset=https://www.aclu.org/wp-content/uploads/2024/02/IMG_4133.jpeg 467w, https://www.aclu.org/wp-content/uploads/2024/02/IMG_4133-400x548.jpeg 400w sizes=(max-width: 467px) 100vw, 467px / /figure /div pbACLU: /bCould you tell us about your time in the military and why you decided to join?/p pbVeteran Todd:/b I was working a few jobs, going to school, and times were tough. This was a way to get out of Detroit and also do something really amazing and scary. It was very important for me to take some time to find myself, grow up a little bit, explore the world, and see what the American dream was about. I#8217;ve always been in jobs that were geared towards service. For me, it was just important to learn to take care of myself and then taking care of others just came naturally./p pbACLU:/b How important is it to have military leadership that represents the diversity of service members?/p div class=wp-sizing-container sizing--half alignment--right figure class=wp-image mb-8 img width=1985 height=3000 src=https://www.aclu.org/wp-content/uploads/2024/02/image1-scaled.jpeg class=attachment-original size-original alt=A photo of Sheena Todd. decoding=async loading=lazy srcset=https://www.aclu.org/wp-content/uploads/2024/02/image1-scaled.jpeg 1985w, https://www.aclu.org/wp-content/uploads/2024/02/image1-768x1160.jpeg 768w, https://www.aclu.org/wp-content/uploads/2024/02/image1-1017x1536.jpeg 1017w, https://www.aclu.org/wp-content/uploads/2024/02/image1-1355x2048.jpeg 1355w, https://www.aclu.org/wp-content/uploads/2024/02/image1-400x604.jpeg 400w, https://www.aclu.org/wp-content/uploads/2024/02/image1-600x907.jpeg 600w, https://www.aclu.org/wp-content/uploads/2024/02/image1-800x1209.jpeg 800w, https://www.aclu.org/wp-content/uploads/2024/02/image1-1000x1511.jpeg 1000w, https://www.aclu.org/wp-content/uploads/2024/02/image1-1200x1813.jpeg 1200w, https://www.aclu.org/wp-content/uploads/2024/02/image1-1400x2115.jpeg 1400w, https://www.aclu.org/wp-content/uploads/2024/02/image1-1600x2418.jpeg 1600w sizes=(max-width: 1985px) 100vw, 1985px / /figure /div pbVeteran Todd: /bHaving a role model, mentorship, and someone who is culturally competent of what African Americans go through, while also allowing others to get some exposure to that type of leadership, is important in addressing discrimination. It definitely affects morale and the cohesion of the group to walk into a room and look around, and no one looks like you at your job, at a hearing, or at a base. It’s also super important when you think about retention and recruitment. If I am not comfortable or I#8217;m not in a place where I feel like I#8217;m in alignment with who I#8217;m surrounded by, it#8217;s really tough. You don#8217;t feel accepted, welcomed, or valued. The other part of this is seeing what’s possible, and being able to learn from each other and what their experiences were. Seeing those positive examples and building credibility and trust with people that are not like you – that exposure opens up your mindb. /b/p pbACLU: /bThe military imposes certain uniform requirements that can disproportionately impact people of color. Did the uniform requirements affect your time in the military?/p pbVeteran Todd: /bThat was a big deal for me in the military. When it came to uniforms, the regulations were not put in place for us. It was put in place for people with hair that could conform to those regulations. Our hair doesn#8217;t do that. We have to do a little more extra. I was the yeoman that kept instructions in my pocket because they were up for interpretation. I used to get stopped all the time about my hair. There was this one time where I was actually put at attention by a superior. He said I was distracting the sailors and needed to do something about myself. I didn’t have any makeup on, my hair was natural, and I had on overalls and big boots, so I didn’t know what he wanted me to change. I looked around at every other Black girl on that ship; their hair was shaved off. Then I looked at some of our counterparts who had flipped up hair and all this extra stuff. Were they getting pulled to the side? Absolutely not. I#8217;m really glad that they began to change some of those regulations./p div class=wp-heading mb-8 h2 id= class=wp-heading-h2 with-standardRetired Air Force Chief Master Sergeant Sebrena L. Flagg-Briggs - 1986 - 2021/h2 /div div class=wp-sizing-container sizing--half alignment--left figure class=wp-image mb-8 img width=1638 height=2048 src=https://www.aclu.org/wp-content/uploads/2024/02/Flaggs-Briggs-Last-Photo-Before-Retirement.jpg class=attachment-original size-original alt=A photo of Sebrena L. Flagg-Briggs. decoding=async loading=lazy srcset=https://www.aclu.org/wp-content/uploads/2024/02/Flaggs-Briggs-Last-Photo-Before-Retirement.jpg 1638w, https://www.aclu.org/wp-content/uploads/2024/02/Flaggs-Briggs-Last-Photo-Before-Retirement-768x960.jpg 768w, https://www.aclu.org/wp-content/uploads/2024/02/Flaggs-Briggs-Last-Photo-Before-Retirement-1229x1536.jpg 1229w, https://www.aclu.org/wp-content/uploads/2024/02/Flaggs-Briggs-Last-Photo-Before-Retirement-400x500.jpg 400w, https://www.aclu.org/wp-content/uploads/2024/02/Flaggs-Briggs-Last-Photo-Before-Retirement-600x750.jpg 600w, https://www.aclu.org/wp-content/uploads/2024/02/Flaggs-Briggs-Last-Photo-Before-Retirement-800x1000.jpg 800w, https://www.aclu.org/wp-content/uploads/2024/02/Flaggs-Briggs-Last-Photo-Before-Retirement-1000x1250.jpg 1000w, https://www.aclu.org/wp-content/uploads/2024/02/Flaggs-Briggs-Last-Photo-Before-Retirement-1200x1500.jpg 1200w, https://www.aclu.org/wp-content/uploads/2024/02/Flaggs-Briggs-Last-Photo-Before-Retirement-1400x1750.jpg 1400w, https://www.aclu.org/wp-content/uploads/2024/02/Flaggs-Briggs-Last-Photo-Before-Retirement-1600x2000.jpg 1600w sizes=(max-width: 1638px) 100vw, 1638px / /figure /div pbACLU: /bCould you tell us about your time in the military and why you decided to join?/p pbRetired Chief Master Sgt. Flagg-Briggs: /bIt was rewarding. It was awesome and it was tough. I joined the military because I wanted to do more for my community. I felt the need to serve others and in my mind, the best way was to serve my country. I would be serving everybody by joining the military./p pbACLU:/b Our amicus highlights that people of color collectively make up as much as 37 percent of the enlisted ranks, but only 14.8 percent of the highest pay grade officers. How do you think this affects the experiences of service members of color?/p pbRetired Chief Master Sgt. Flagg-Briggs/b: When I first came into the military, there was no one that looked like me in a lot of the rooms that I entered. When you don#8217;t see people in the room that represent you, you don#8217;t feel heard. They don#8217;t understand where we’re coming from or how it makes us feel to not see someone that looks like us in higher rank positions. How can they decide uniform policies like how my hair should be, or how the makeup fits my face, or what color is my natural hair color? Those things came up a lot in the military. It affects morale, and it affects people wanting to join./p div class=wp-sizing-container sizing--half alignment--right figure class=wp-image mb-8 img width=2000 height=2328 src=https://www.aclu.org/wp-content/uploads/2024/02/Flagg-Briggs-1986.jpg class=attachment-original size-original alt=A younger photo of Sebrena L. Flagg-Briggs in service. decoding=async loading=lazy srcset=https://www.aclu.org/wp-content/uploads/2024/02/Flagg-Briggs-1986.jpg 2000w, https://www.aclu.org/wp-content/uploads/2024/02/Flagg-Briggs-1986-768x894.jpg 768w, https://www.aclu.org/wp-content/uploads/2024/02/Flagg-Briggs-1986-1320x1536.jpg 1320w, https://www.aclu.org/wp-content/uploads/2024/02/Flagg-Briggs-1986-1759x2048.jpg 1759w, https://www.aclu.org/wp-content/uploads/2024/02/Flagg-Briggs-1986-400x466.jpg 400w, https://www.aclu.org/wp-content/uploads/2024/02/Flagg-Briggs-1986-600x698.jpg 600w, https://www.aclu.org/wp-content/uploads/2024/02/Flagg-Briggs-1986-800x931.jpg 800w, https://www.aclu.org/wp-content/uploads/2024/02/Flagg-Briggs-1986-1000x1164.jpg 1000w, https://www.aclu.org/wp-content/uploads/2024/02/Flagg-Briggs-1986-1200x1397.jpg 1200w, https://www.aclu.org/wp-content/uploads/2024/02/Flagg-Briggs-1986-1400x1630.jpg 1400w, https://www.aclu.org/wp-content/uploads/2024/02/Flagg-Briggs-1986-1600x1862.jpg 1600w sizes=(max-width: 2000px) 100vw, 2000px / /figure /div pI was very heavy on joining an organization that promoted diversity because I thought it was important that men, women, Black, white, different nationalities be represented. It gave me a greater understanding of their perspective, and I was able to share my perspective. We were able to gather our thoughts, our differences, and come up with a common solution that would make everybody feel included./p pbACLU: /bDisciplinary hearings affecting service members are reviewed by the military’s own judge panel. How important is it to have leadership that represents the diversity of service members and understands different upbringings?/p pbRetired Chief Master Sgt. Flagg-Briggs/b: That is extremely important. Sometimes when the decisions are made, it perpetuates in your mind that there’s no way they understand who I am or what I represent, because that opinion doesn#8217;t sound like it is for me. There have been examples where there was one type of solution or punishment that was going to be put upon a person and because I was in the room, I helped them understand that it wasn#8217;t as they saw it. The relief that they got from having me in the room was astounding. Many times I was the only woman of color or the only person of color in the room, and I was always opinionated and spoke for folk that were on the line. That was truly important during my 35 years of service. Rising to the rank of Chief, it made me more aware. It helped me help others to understand why it#8217;s important to get in the room, earn more rank, so that we can be better understood, and we could share our experiences and other folks would understand as well./p div class=wp-heading mb-8 h2 id= class=wp-heading-h2 with-standardMarine Corps Veteran Marnisha Mintlow - 1997 - 2001/h2 /div div class=wp-sizing-container sizing--half alignment--left figure class=wp-image mb-8 img width=871 height=1024 src=https://www.aclu.org/wp-content/uploads/2024/02/image_picker_7A803C1D-2D61-4582-9E72-ACA27735790C-36649-00000901EE79E7CE-photo-processed.jpg class=attachment-original size-original alt=A photo of Marnisha Mintlow. decoding=async loading=lazy srcset=https://www.aclu.org/wp-content/uploads/2024/02/image_picker_7A803C1D-2D61-4582-9E72-ACA27735790C-36649-00000901EE79E7CE-photo-processed.jpg 871w, https://www.aclu.org/wp-content/uploads/2024/02/image_picker_7A803C1D-2D61-4582-9E72-ACA27735790C-36649-00000901EE79E7CE-photo-processed-768x903.jpg 768w, https://www.aclu.org/wp-content/uploads/2024/02/image_picker_7A803C1D-2D61-4582-9E72-ACA27735790C-36649-00000901EE79E7CE-photo-processed-400x470.jpg 400w, https://www.aclu.org/wp-content/uploads/2024/02/image_picker_7A803C1D-2D61-4582-9E72-ACA27735790C-36649-00000901EE79E7CE-photo-processed-600x705.jpg 600w, https://www.aclu.org/wp-content/uploads/2024/02/image_picker_7A803C1D-2D61-4582-9E72-ACA27735790C-36649-00000901EE79E7CE-photo-processed-800x941.jpg 800w sizes=(max-width: 871px) 100vw, 871px / /figure /div pbACLU: /bCould you tell us about your time in the military and why you decided to join?/p pbVeteran Mintlow: /bWhen I joined, it was about me getting money for school. But as you’re gaining education and knowledge of what this branch has gone through, the wars it has fought and won for our country, and you built a relationship with the branch, you learn the importance. So then it becomes, I served my country, I did my part, I put my life on the line./p pbACLU: /bThe military imposes certain uniform requirements that can disproportionately impact people of color. Did the uniform requirements affect your time in the military?/p pbVeteran Mintlow:/b It wasn#8217;t necessarily uniforms that were my issue. It was the weight requirement. Once you hit the maximum weight requirement, they will do what#8217;s called a body fat measurement. When they do that for women, they measure our necks, our waists, and hips. I still believe that is not a fair measurement for women of color. In my culture and as a Black woman, the widest part of my body is my hips, and there is nothing I can do about it. There are some things that we cannot fix, and to have that held against me, it negatively impacted my military career. I was at a point in my career where I was supposed to get a meritorious promotion, but did not get it because I was considered overweight by their metrics./p pbACLU: /bWhy is it important to have representation in the military?/p pbVeteran Mintlow:/b It#8217;s important to have a diverse population amongst enlisted members and officers so that people who are not in the military have an opportunity to see themselves in the military. When I wasn#8217;t in the military, every person I saw in the Marine Corps was a man. So while I was at my recruiter#8217;s office, they had a poster on the wall of a Black woman in a blue dress, and I said, I need to see her in real life. When I went to the Military Entrance Processing Station, which is where you do your swearing in and you sign all your paperwork, I met a Black woman. She was my visual. I knew I could do this because she looked like me and she did it. It#8217;s very important to have those role models and those mentors in real life. When we see people who are like us, doing these things, it gives us the initiative, the drive, and the inspiration to know that we can do those things, too./p div class=rss-cta__titleWe need you with us to keep fighting/diva href=https://action.aclu.org/give/now class=rss-cta__buttonDonate today/a/div

BlackCat Ransomware Raises Ante After FBI Disruption

19 December 2023 at 17:49

The U.S. Federal Bureau of Investigation (FBI) disclosed today that it infiltrated the world’s second most prolific ransomware gang, a Russia-based criminal group known as ALPHV and BlackCat. The FBI said it seized the gang’s darknet website, and released a decryption tool that hundreds of victim companies can use to recover systems. Meanwhile, BlackCat responded by briefly “unseizing” its darknet site with a message promising 90 percent commissions for affiliates who continue to work with the crime group, and open season on everything from hospitals to nuclear power plants.

A slightly modified version of the FBI seizure notice on the BlackCat darknet site (Santa caps added).

Whispers of a possible law enforcement action against BlackCat came in the first week of December, after the ransomware group’s darknet site went offline and remained unavailable for roughly five days. BlackCat eventually managed to bring its site back online, blaming the outage on equipment malfunctions.

But earlier today, the BlackCat website was replaced with an FBI seizure notice, while federal prosecutors in Florida released a search warrant explaining how FBI agents were able to gain access to and disrupt the group’s operations.

A statement on the operation from the U.S. Department of Justice says the FBI developed a decryption tool that allowed agency field offices and partners globally to offer more than 500 affected victims the ability to restore their systems.

“With a decryption tool provided by the FBI to hundreds of ransomware victims worldwide, businesses and schools were able to reopen, and health care and emergency services were able to come back online,” Deputy Attorney General Lisa O. Monaco said. “We will continue to prioritize disruptions and place victims at the center of our strategy to dismantle the ecosystem fueling cybercrime.”

The DOJ reports that since BlackCat’s formation roughly 18 months ago, the crime group has targeted the computer networks of more than 1,000 victim organizations. BlackCat attacks usually involve encryption and theft of data; if victims refuse to pay a ransom, the attackers typically publish the stolen data on a BlackCat-linked darknet site.

BlackCat formed by recruiting operators from several competing or disbanded ransomware organizations — including REvilBlackMatter and DarkSide. The latter group was responsible for the Colonial Pipeline attack in May 2021 that caused nationwide fuel shortages and price spikes.

Like many other ransomware operations, BlackCat operates under the “ransomware-as-a-service” model, where teams of developers maintain and update the ransomware code, as well as all of its supporting infrastructure. Affiliates are incentivized to attack high-value targets because they generally reap 60-80 percent of any payouts, with the remainder going to the crooks running the ransomware operation.

BlackCat was able to briefly regain control over their darknet server today. Not long after the FBI’s seizure notice went live the homepage was “unseized” and retrofitted with a statement about the incident from the ransomware group’s perspective.

The message that was briefly on the homepage of the BlackCat ransomware group this morning. Image: @GossiTheDog.

BlackCat claimed that the FBI’s operation only touched a portion of its operations, and that as a result of the FBI’s actions an additional 3,000 victims will no longer have the option of receiving decryption keys. The group also said it was formally removing any restrictions or discouragement against targeting hospitals or other critical infrastructure.

“Because of their actions, we are introducing new rules, or rather, we are removing ALL rules except one, you cannot touch the CIS [a common restriction against attacking organizations in Russia or the Commonwealth of Independent States]. You can now block hospitals, nuclear power plants, anything, anywhere.”

The crime group also said it was setting affiliate commissions at 90 percent, presumably to attract interest from potential affiliates who might otherwise be spooked by the FBI’s recent infiltration. BlackCat also promised that all “advertisers” under this new scheme would manage their affiliate accounts from data centers that are completely isolated from each other.

BlackCat’s darknet site currently displays the FBI seizure notice. But as BleepingComputer founder Lawrence Abrams explained on Mastodon, both the FBI and BlackCat have the private keys associated with the Tor hidden service URL for BlackCat’s victim shaming and data leak site.

“Whoever is the latest to publish the hidden service on Tor (in this case the BlackCat data leak site), will resume control over the URL,” Abrams said. “Expect to see this type of back and forth over the next couple of days.”

The DOJ says anyone with information about BlackCat affiliates or their activities may be eligible for up to a $10 million reward through the State Department’s “Rewards for Justice” program, which accepts submissions through a Tor-based tip line (visiting the site is only possible using the Tor browser).

Further reading: CISA StopRansomware Alert on the tools, techniques and procedures used by ALPHV/BlackCat.

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