July 2015

Warrantless mobile phone location tracking heads to Supreme Court

The US Supreme Court is being asked to resolve once and for all whether the authorities need a court warrant under the Fourth Amendment to obtain a suspect's cell-site location data records. The case the justices were asked to review July 31 concerns a Florida man who got a life term for several robberies in a 2012 case built with his mobile phone's location data the police obtained without a warrant. The case has big privacy implications for anybody who carries a mobile phone.

According to the government, that device may be tracked at will without the Fourth Amendment's probable cause standard being met. What's more, the petition to the high court from defendant Quartavious Davis comes as cell-site tracking has become a choice surveillance tool in the aftermath of a Supreme Court ruling that said the authorities needed a warrant to affix GPS trackers to vehicles. In that 2012 decision, the high court declared that the government's act of affixing a GPS device on a vehicle was the equivalent of a search usually requiring a warrant. The American Civil Liberties Union is representing Davis and wants the high court to overturn a March decision from the 11th US Circuit Court of Appeals, which ruled against Davis based on precedent from the analog age. Given that no federal appeals court has sided with the Fourth Amendment on the issue, there's a slim likelihood the Supreme Court would intervene at this juncture. However, a California federal judge ruled that warrants were required for such data. If that is upheld on appeal, that could create the appellate court split that would make the issue ripe for the Supreme Court.

VA Embraces Virtual Care, Testing Bluetooth Hearing Aids

The Department of Veterans Affairs is running several new medical technology pilots, including systems that could let patients receive healthcare without leaving their homes or neighborhoods, VA Deputy Secretary Sloan Gibson said. With the rapid development of virtual care, or telemedicine, “what we’ve seen is a transformation from primarily an inpatient model to primarily an outpatient model," Gibson said.

For instance, the VA's Center for Innovation is developing an app that would let technicians adjust patients' hearing aids via a Bluetooth connection, Gibson said. Another developing tech project, called the One-VA Pharmacy, would let pharmacists anywhere access the VA's health IT system and fill a veteran's prescription. According to Gibson, nearly one-third of veterans have volunteered to participate in virtual care delivery, up from about 18 percent two years ago. For those patients who don't have broadband connections in their homes, VA is beginning to issue mobile devices, tablets and netbooks with high-speed connections, Gibson added. "More and more of our care is going to be delivered virtually," he said.

This iPhone Accessory Replaces an Eye Doctor's Office

Anyone who's had an eye exam in the past few decades has stared into an autorefractor -- the device, the size of microwave oven and costing up to $20,000, that bounces an infrared beam off the retina to determine the correction needed for an image to come into focus. New York City startup Smart Vision Labs has developed a $3,950 handheld replacement, the SVOne, that utilizes an iPhone's camera, processor, and wireless connection to examine patients anywhere and manage their cases online.

The 0.9-pound silver slab is about the size and shape of a paperback, with an eyepiece on one end and an iPhone, included, on the other. Not only is the SVOne more convenient for eye doctors to use in their offices, it can bring eye exams to the billion people on earth who can't see simply because they don't have access to a doctor. "An iPhone's camera capabilities and processing are just as good as the technology we were using over 10 years ago at an advanced research lab," says Marc Albanese, one of Smart Vision Labs' two cofounders. He's not even talking about the latest iPhone, but rather the two-year-old 5s. A smartphone also provides an Internet connection, so test results and exam notes can be automatically uploaded. Smart Vision Labs is getting ready to roll out a new cloud platform that allows doctors to track exam records and share them with patients from a web interface -- everyone from well-heeled US clients to children in the developing world.

LinkedIn Starts Building a Syndicated Content Network

LinkedIn has gotten a lot of mileage out of the free content that famous people like Richard Branson write for the social network. Now it wants to get more: The company wants to syndicate that content for publication on other sites. LinkedIn is e-mailing the 500 people it calls its “Influencers” and asking them for permission to automatically hand their stuff to other sites that want to republish it in full.

Sites like Quartz routinely publish LinkedIn posts, but right now each article has to be manually approved by the author, which makes it a multistep process. There’s no money trading hands here -- Influencers write for LinkedIn for free, and LinkedIn lets other sites use those posts for free -- but there’s still an obvious value exchange: Influencers get more distribution for their names and ideas, along with the notion that LinkedIn says they are “influencers.” And LinkedIn gets to advertise LinkedIn. Still, assuming LinkedIn gets most of its heavy hitters to opt in to this, it could be a good head start on what might be an interesting content syndication business, with obvious opportunities for revenue share and other money-making schemes.

Seven Years Later: What Exactly Did Rupert Murdoch Do To The Wall Street Journal?

[Commentary] Seven years ago, Rupert Murdoch ended the 105-year-long ownership of the Wall Street Journal by the Bancroft family, when he bought the paper for $5 billion. Employees, readers, and investors were terrified that Murdoch might turn the Journal into, say, the New York Post. Instead, Murdoch's determination to keep print journalism alive may have been the best thing that ever happened to the Journal. Sarah Ellison, a former Journal reporter, wrote a highly regarded, captivating book, "War At The Wall Street Journal", that captured the drama, intensity, corporate infighting, and financial deal-making that left the Journal in Murdoch's hands.

I interviewed Ellison to see how different the Journal has become since Murdoch's acquisition. When asked what has been Murdoch's influence on the Journal, Ellison said, "It's still a great paper, and you can't ignore the fact that it has maintained a newsroom at a time when many, many newspapers have hollowed out. One of Murdoch's great legacies will be that he is someone who believed in the newspaper business. That was something that defined him back in 2007 when the deal happened, but it makes him almost unique today. And for that, I think the people who are still at the Wall Street Journal are very grateful."

[Michael Levin is a NYT Bestselling author]

FCC to Congress: Your tele-town halls are safe

The Federal Communications Commission is trying to calm the nerves of lawmakers about the legality of their telephone town hall outreach. The agency issued a set of FAQs on July 31 clarifying that nothing in a recent FCC ruling to strengthen robocall restrictions will change how lawmakers are allowed to reach out to constituents through virtual town halls. “As long as vendors for tele-town halls continue to adhere to the decades old rules, use of these services should pose no issue,” the agency wrote.

Confusion was expressed earlier when FCC Chairman Tom Wheeler suggested lawmakers were violating FCC robocall restrictions if they called constituents without their prior consent. Chairman Wheeler’s statement at the end of a three-hour House hearing shocked the lawmakers still left in the room, and the agency quickly clarified that Chairman Wheeler meant to make an important distinction between robocalls to mobile phones vs. landlines. Lawmakers and others have for decades been allowed to make “informational” robocalls -- including outreach for a telephone town hall -- to landline telephones. But those same calls to a mobile phone are prohibited, unless a lawmaker or vendor gets prior consent. That has been the case since mobile phones began to be covered by the Telephone Consumer Protection Act.

What ProPublica is Doing About Diversity

Like many news organizations around the country, ProPublica is working hard to increase the diversity of our workplace. Here's what we're doing:

  • One barrier to getting into journalism has long been economic: It's hard to get clips if you're not in a position to take an unpaid internship or to work for free at your college paper. With support from a generous donor, ProPublica has just created the Emerging Reporters Program, which offers grants to college students of color who are interested in doing great journalism.
  • Through a new initiative with CUNY Journalism School and the Knight Foundation, we will also be hosting reporting fellows every summer who come from Historically Black Colleges and Universities, Hispanic-serving institutions, or are affiliated with organizations for journalists of color. We pay all our fellows -- $700/week -- and we always have.
  • We also want to recruit as broadly as possible. All our jobs are posted both internally and externally. But more importantly, we've been working to reach beyond our traditional networks for candidates. The best way to judge us on hiring, in the end, is to look at our numbers.

ISPs: Net neutrality rules are illegal because Internet access uses computers

Internet service providers filed a 95-page brief in the US Court of Appeals for the DC Circuit outlining their case that the Federal Communications Commission’s new network neutrality rules should be overturned. One of the central arguments is that the FCC cannot impose common carrier rules on Internet access because it can’t be defined as a “telecommunications” service under Title II of the Communications Act. The ISPs argued that Internet access must be treated as a more lightly regulated “information service” because it involves “computer processing.”

“No matter how many computer-mediated features the FCC may sweep under the rug, the inescapable core of Internet access is a service that uses computer processing to enable consumers to ‘retrieve files from the World Wide Web, and browse their contents’ and, thus, ‘offers the ‘capability for... acquiring,... retrieving [and] utilizing... information.’ Under the straightforward statutory definition, an ‘offering’ of that ‘capability’ is an information service," the ISPs wrote. "If broadband providers provided only pure transmission and not information processing, as the FCC now claims, the primitive and limited form of 'access' broadband customers would receive would be unrecognizable to consumers," the ISPs also wrote. "They would be required, for example, to know the IP address of every website they visit. But, because Domain Name Service ('DNS') is part of Internet access, consumers can visit any website without knowing its IP address and thereafter 'click through' links on that website to other websites." The fact that Internet service providers offer e-mail accounts and cloud storage further proves the point that Internet access is an information service, according to this argument.

US intelligence officials to take part in review of Clinton e-mails

About a dozen US intelligence officials have been added to the State Department team reviewing former secretary of state Hillary Rodham Clinton’s e-mails amid spy agency concerns that classified information may have been compromised in connection with Clinton’s use of a private e-mail server while in office. In addition to intelligence reviewers, the State Department inspector general’s office has also been given access to some 55,000 pages of Clinton e-mails being culled by the department for release in response to court orders under the Freedom of Information Act, said Douglas Welty, an inspector general spokesman.

The broadening of the review followed a recent “security referral” to the Justice Department by I. Charles McCullough III, inspector general of the intelligence community, who said that a limited survey of some of the e-mails found information that should have been classified. The inspectors general have not disputed Clinton’s insistence that none of the materials in her e-mails had been marked classified at the time she sent them. The McClatchy news service first reported the expanded review. But an initial 3,000 pages of e-mails released at the end of June contained 25 redactions made by reviewers. According to court orders, a second tranche of documents is to be released by July 31.

What Hillary Clinton’s letter to the New York Times tells us about politics and media

[Commentary] On July 30, the Hillary Clinton campaign posted on its website a 1,906-word letter to the New York Times. The letter is a response to an article that originally alleged a criminal investigation into the candidate's e-mail use as secretary of state. After publication, the story was corrected multiple times to remove references to criminality, once the government officials who had supposedly requested the investigation publicly denied doing so. The Times' public editor criticized the paper's handling of the incident. The campaign said that it decided to publish the letter publicly after the Times declined to run it earlier. It hardly bears mentioning that the issue is heavily interwoven with politics. The situation prompted us to have a conversation about the interplay of politics and the media in this constantly evolving moment.

Philip: The rise of social media platforms, especially Facebook, means that the value of an outlet like the Times -- or the Washington Post -- is diminished in ways that that we still haven't processed.

Chris: The ability of politicians and their campaigns to end-run the media is at an all-time high thanks to not only Facebook but also Flickr, Tumblr, Twitter and the million other social and sharing sites that I don't even know about yet. A politician's ability to cut out the middle man (or woman) has never been higher. Why risk sitting down for an interview with the Post when you could just tape Obama talking to someone who works in the White House and post it on the White House You Tube channel? Or, even more problematic for us "traditional" reporters, why risk an interview with the Post when you could self-select a friendlier (more Democratic-leaning) outlet?