When President Trump and the Republican majorities in Congress swept away privacy rules preventing your internet service providers from selling your data without your permission, you might think Fletcher Kittredge would want to celebrate. Kittredge, after all, is founder and CEO of Biddeford-based GWI, an internet service provider that serves more than 18,000 Maine customers and would benefit from the repeal, which lets companies like his sell his customer s Web browsing history, geo-location movements, and all sorts of other valuable information to advertisers. The rules, repeal advocates said, had put more stringent restrictions on such firms than are applied to Web-based companies like Facebook or Google.
HOW TO PROTECT YOURSELF
Privacy experts say there are ways to make it harder for internet service providers and Web companies to snoop on your online activity. Use privacy-enchanced browsers TOR, a free browser created by volunteers, makes it harder to track your movements on the internet.
Opt out of being tracked Most ISPs allow you to opt out of some of the ways they track your data and feed you ads. Virtual Private Network A subscription service that creates an encrypted tunnel for your internet activity, but you have to trust your VPN not to snoop on you. Pick an ISP that doesn t collect data Some ISPs don t, but you have to live in a town they happen to serve. Check their privacy policies.
But Kittredge says the repeal is a disaster for his customers and anyone who cares about privacy or civil liberties, an ill-conceived move that will ultimately make people s data less secure and the internet itself less valuable.
ISPs have broader access to information about you than anybody else because everything else goes on top of the connection they provide, he says. They can tell who you re having conversations with, where you go, and lots of information that s best left private, especially as hackers will be attracted to it.
If we all end up not being able to appropriately trust the internet, that s not good for anyone. The rule repeal which the president signed into law April 3 will make most things we do on the internet much less private, privacy experts say, as providers learn how to make money selling their customers data. For years prior to the repeal, providers had been expecting tightened rules and had set their policies to anticipate this, but now are free to exploit data more aggressively. This has implications for Maine internet users and national policymakers alike. Proponents of the repeal said it was necessary to create an even playing field between internet service providers and other Web-based companies, but the practical effect so far has been to shift the balance in favor of service providers, who can now operate with far fewer privacy restrictions.
There are no rules here now, says lawyer Peter Guffin, who heads Pierce Atwood s privacy and data security practice and teaches information privacy law at the University of Maine School of Law. There s a complete vacuum in terms of when an ISP can see into the contents of our communications, what it can do with those contents, and even whether it has to tell us if this data has been hacked.
From a user s perspective, you should be on notice that the ISPs have been given the green light by the U.S. government to essentially surveil all of your electronic communications, Guffin added. My hunch is that many providers are rewriting their privacy notices, and whatever they said about opting out won t be the same as a year ago.
Internet providers can see a wide range of their customers online activity, according to Jeremy Gillula, senior staff technologist at the Electronic Frontier Foundation, the San Francisco-based digital civil liberties group. Unless you re using special tools like a virtual private network or the free, privacy-minded Tor internet browser, he says, an ISP could definitely see and sell all the web addresses you visit, though they would be limited to the domain name for https sites using encryption, such as banks, most online shopping sites, Google, Facebook, and Web mail. They can also gather your geo-location data especially interesting for mobile internet and could glean what songs you ve been listening to, movies you ve watched, or items you ve shopped for from any unencrypted addresses you ve visited. While they can also see the content of emails in accounts they provide their users, wiretapping laws likely prevent them from sharing or selling this information.
Reducing exposure to snooping
There are steps Mainers can take to reduce their exposure, says Zachary Heiden, legal director for the American Civil Liberties Union of Maine. One is to use the Tor browser (download the Tor browser here) though it will slow down your internet traffic and encrypted text messaging tools like Signal (download Signal here).
That will at least protect the content of your communications, he says. But it doesn t protect the metadata the digital equivalent of a letter s envelope, with sender, receiver, time stamp, and size information about the text. Users can also ask their ISPs to opt them out of at least some of their data being shared, though this process is often cumbersome. An ACLU colleague of mine who is an expert on internet privacy tried as an exercise to contact different ISPs and exercise the opt-out option and found it incredibly challenging and confusing and this is somebody who studies technology for a living, he says. But if you care about privacy and don t want your personal browsing history stored, commodified, and sold then it may be worth it for you to take those steps to opt out. More sophisticated users may consider subscribing to a virtual private networking or VPN service, which masks much of one s internet activity from your service provider, but experts say that comes with its own risks, as the VPN provider may be snooping on you itself.
There s a strong overlap between VPN companies and the dark web, because a lot of people who want to hide things this way are also doing something wrong, says Kittredge. It can be like hiring a security guard to protect your warehouse by going to the local bar and picking out somebody who looks tough.
A fourth possibility, depending on your geographic location: Vote with your wallets and choose ISPs that are protective of your privacy, Heiden says. Most ISPs active in Maine are seeking to reassure customers about their commitment to their privacy, but on closer scrutiny, the strength of their stated commitments varies considerably. Another unknown is what lawmakers will do next.
Repeal s goal: An even playing field
Congress repealed the privacy rules the Federal Communications Commission was about to put into effect that would have prohibited internet providers from selling or sharing a wide range of personal data without users consent, including Web browsing history, geo-location, and application usage. It was a party-line vote, with Sen. Susan Collins and Rep. Bruce Poliquin voting with their Republican colleagues for repeal, independent Sen. Angus King, Democratic Rep. Chellie Pingree and the entire Democratic caucus voting against. The action also prevents the FCC the only entity currently authorized to regulate ISPs from developing new rules. Supporters of repeal say it was necessary to create an even playing field between ISPs and other internet firms like Google and Facebook. The FCC rules on internet providers were stricter than those for Web-based firms and application developers, which are regulated by a different agency, the Federal Trade Commission. Opponents reject this as a false comparison.
Poliquin says that repealing the rule will enhance privacy. I absolutely want to ensure there are proper safeguards to keep Mainers private data secure when they use the Internet, which is why I voted with Senator Collins to remove this FCC rule, he said in a written statement to the Maine Sunday Telegram. The reality is that the FCC rule creates a misleading sense of security for users because they applied to only a specific segment of the industry, while giving unequal advantage and preference to a handful of companies that wouldn t be under their jurisdiction. This is not the way to regulate, as it would also undermine the very goal of protecting users data. His vote, he added, was the right thing to do. According to data compiled by the Center for Responsive Politics, internet firms have not been important campaign donors to either Collins or Poliquin. No member of the industry appears in the top 20 donors to either s campaign or the political action committees they control.
Users don t pay Google, Facebook
The most prominent lobbyist pushing for the changes is Jon Leibowitz, who was chairman of the Federal Trade Commission under President Obama, and now co-chairman of the 21st Century Privacy Coalition, which represents Comcast, Time Warner Cable (now Spectrum), Verizon, DirecTV and other major internet providers who disliked the restrictions. In interviews with the Telegram, Leibowitz defended the rule change on fairness grounds. The whole history of American privacy protection is focused on three things: the data itself, the way in which it s collected, and the way in which it s used, he said. You shouldn t discriminate on the basis of silos, on the basis of who is doing the collecting. ISPs, he and other proponents of the repeal argue, should be on an even playing field with other internet firms in terms of exploiting users digital data. But repeatedly asked why internet service providers should necessarily operate under the same rules as Web companies, he was unable to provide a clear answer. It s not about who is collecting your data, it s about what data is being collected and how it is being used, he reiterated, adding that he thought you could make a fair apples to apples comparison between ISPs and other internet firms.
Elsewhere he has argued that ISPs don t really have a comprehensive picture of our internet use, both because they can t see the content of browsing at https sites and because customers roam from ISP to ISP during the day, connecting at work or the local coffee shop. Opponents of the rule change disagree, arguing there is a fundamental difference between the companies we pay to provide us internet access and those like Google and Facebook that are paid by advertisers for information about who we are and what products we might like. For internet service providers, they say, their users are their customers, while for Google and Facebook their users are the product they re selling to their real customers, marketers and advertisers.
It s a little disingenuous for ISPs to argue they should be treated equally, because it s not really comparing apples to apples, Pierce Atwood s Guffin says. Unlike using Google, which is free, I m actually paying my ISP 50 bucks a month to get that ISP connection, and now I find out all my data is also being monetized and leveraged to make more money. ISPs, he says, are more akin to the postal service a conduit through which we conduct our digital lives, and one you can t avoid having, which is why European regulations prohibit such firms from collecting user data. Nor do most Maine consumers have a lot of options, as many communities are served by just one or two providers. It s an essential service, and there aren t hundreds of ISPs that are knocking at my door for business, he adds.
Heiden at the ACLU of Maine agrees. The rules should be different, because ISPs are literally invited into our home and provide a service that is almost necessary for participating in the public and economic life of our country, he says. That carries with it a social responsibility that s different than that of the Web companies we may choose to visit through the internet.
It s unclear how or when privacy rules will be replaced
In the short term, the repeal has also created a profoundly uneven playing field, as ISPs are now far less regulated than other firms. It is unclear how and when Congress will move to rectify the situation, given that the FCC still has authority over the ISPs yet is barred from developing privacy regulations. Some backers of the repeal appear concerned about the vacuum. On April 7, 50 Republican House members wrote the FCC chairman to urge him to continue to hold ISPs to their privacy promises laid out in the privacy policies they present their users. The letter also suggested the FCC should turn regulation of ISPs over to the FTC. (Poliquin was not a signatory.)
But Gillula of the Electronic Frontier Foundation says that s not reassuring, as many major ISPs privacy policies allow them to collect your browsing history and target ads at you unless you opt out, something most users are unaware they can do. Basically, the letter is kind of like asking the FCC to ensure that the fox guarding the henhouse stands by the contract he imposed on the hens, which says in fine print that he s allowed to eat one or two of them now and then, he says. It s also possible that the Maine Legislature could try to impose its own rules, though this might be tested in court. This is all uncharted waters, says Guffin. But if you have Congress saying we re not regulating ISPs, it may create an opening for states to step in.
Colin Woodard can be contacted at:
- ^ swept away privacy rules (www.pressherald.com)
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- ^ Tor internet browser (www.torproject.org)
- ^ download the Tor browser here (www.torproject.org)
- ^ download Signal here (whispersystems.org)
- ^ experts say (krebsonsecurity.com)
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CLEVELAND LeBron James will sit out Cleveland s regular-season finale, resting a strained right calf in preparation for the playoffs. James didn t play in Monday night s loss at Miami and General Manager David Griffin confirmed Tuesday that James will miss Wednesday s game against Toronto.
LeBron James has made a habit of sitting out regular-season finales and will do it again Wednesday night, even though the Cleveland Cavaliers are seeking the top spot in the East. Associated Press/Darren Abate
James, 32, who hasn t played in the last regular-season game since 2007, logged 47 minutes in Sunday s overtime loss at Atlanta. He s trying to reach the finals for a seventh straight time. The Cavaliers have prioritized health and rest over getting the No. 1 seed in the Eastern Conference. They also sat guard Kyrie Irving against the Heat. He s been bothered by soreness in his surgically repaired left knee.
Cleveland is also without center Tristan Thompson, who has a sprained right thumb.
Cleveland will sign free- agent swingman Dahntay Jones for the postseason. Jones, 36, made a significant contribution in last year s finals, when Cleveland rallied from a 3-1 deficit to stun Golden State. He came off the bench and scored five quick points in Game 6.
WARRIORS: Stephen Curry has the best-selling jersey in the NBA for the second consecutive year. The league announced that NBAStore.com sales show Curry leading LeBron James, Kevin Durant, Russell Westbrook and Kyrie Irving for the most popular jersey this season.
The NBA also said the Warriors have the best-selling merchandise as a franchise this season, ahead of the Cavaliers, Bulls, Lakers and Knicks. Boston Celtics guard Isaiah Thomas appears in the top 15 in jersey sales for the first time at No. 14.
HAWKS: Atlanta appointed Malik Rose as general manager of its D-League affiliate in Erie, Pennsylvania, beginning next season. Rose also will maintain his duties as manager of basketball operations for the Hawks.
The Hawks new D-League franchise will play in Erie the next two seasons before relocating in 2019 to a 3,500-seat arena that will be built in College Park , adjacent to Atlanta s airport and only about 10 miles from Philips Arena. Rose was in the NBA for 13 years, playing with Charlotte, San Antonio, New York and Oklahoma City. He won NBA titles with the Spurs in 1999 and 2003.
CHARLES OAKLEY appeared at a Manhattan criminal court for an arraignment hearing stemming from a series of misdemeanor charges he faces after a scuffle with Madison Square Garden security during a February Knicks game. After a three-minute hearing, Oakley was ordered to file motions by May 16 and appear again on May 30. He faces two assault charges, two harassment charges and criminal trespassing.
Dressed in a dark blue suit, Oakley was the first of about 125 cases called before Judge Judy Kim at the lower Manhattan courthouse. The former Knicks player remained silent while assistant district attorney Ryan Lipes read the charges.
According to Lipes, Oakley told police during his arrest that he had a couple of drinks before arriving at the Garden for the Knicks-Clippers game Feb. 8. Every time I come to the Garden, Dolan has security guards on me, Oakley told police, referring to Knicks owner James Dolan.
Every time I come to the Garden, nothing good happens.
LePage slams Legislature for slow action on Real ID, then vetoes bill to help veterans get passport cards
Hours after accusing the Legislature of moving too slowly to bring Maine into compliance with the federal Real ID mandate, Gov. Paul LePage vetoed a bill Thursday that would have helped several hundred veterans obtain passport cards so they could continue to receive medical care at a military base in New Hampshire. In his veto letter, LePage said that although he agrees with the sentiment of the bill, the Legislature should speedily pass another bill that brings Maine into full compliance with the federal Real ID law because veterans are only one group of many being affected.
MORE LEPAGE COVERAGE
Business owners are reporting that their truck drivers cannot deliver goods to military installations, LePage wrote in his veto message. There are also reports of first responders unable to attend training at secure federal buildings. Of course, if Maine does not become Real ID compliant, then Mainers will not be able to use their state identification to board domestic commercial flights (beginning in January 2018).
Unfortunately, this bill only fixes a small portion of the problems presented if Maine does not become Real ID compliant. In 2011, LePage signed into law the statute that prohibits Maine from complying with the federal mandate. A bill to repeal that law now is moving through the Legislature, but the narrow relief for veterans was passed on an emergency basis and would have taken effect immediately.
Under the federal Real ID law, Maine driver s licenses and identification cards already are no longer accepted for entry at some federal buildings and military bases, including a Department of Veterans Affairs health clinic at Pease Air National Guard Base in Newington, New Hampshire, where about 500 veterans from southern Maine go for services. The governor s veto message also states that the state Bureau of Veterans Services doesn t have the capacity to determine financial eligibility for veterans needing state help in getting a passport card. The bill s sponsor, Rep. Jared Golden, D-Lewiston, said LePage is making a political point at the expense of veterans who need help.
What this is really about is the governor is more interested in using these 500 veterans as a political tool to try and force a vote on Real ID compliance rather than actually solving the damn problem that they are facing right now, Golden said. We are not pawns for political football.
Golden is a Marine Corps veteran who served multiple combat tours in Iraq and Afghanistan.
VETERANS CAUGHT iN THE REAL ID FIGHT
The bill vetoed by LePage, L.D. 213, would set aside $15,000 to pay for passport cards for veterans who, as of Feb. 1, have been unable to use their Maine driver s licenses to access the Pease base. The bill was intended to provide immediate relief to the veterans from Maine who are caught in the middle of a fight between the state and federal governments. Maine is one of four states that have refused to comply with the federal mandate, which established minimum security standards for state-issued identification cards in the wake of the 9/11 terror attacks. The other noncompliant states are Montana, Minnesota and Missouri. Unless the state acts, Maine driver s licenses will no longer be a form of identification accepted by the Transportation Security Administration for boarding a commercial flight on Jan. 22, 2018. The license also won t be accepted for entry to federal buildings, including those run by the Department of Veterans Affairs.
The U.S. Department of Homeland Security already has begun denying access to some federal facilities, such as military bases, nuclear plants and certain federal offices, to those whose driver s licenses aren t Real ID compliant. Maine Secretary of State Matthew Dunlap, a Democrat, and some civil libertarians have opposed having the state conform with the Real ID law, saying it puts consolidated personal data at risk and has little impact on terrorism or illegal immigration. LePage wants the Legislature to approve L.D. 306, which would repeal the state law prohibiting Maine from complying with the Real ID requirement. The bill passed a legislative committee last week, but has yet to receive any votes in either the House or Senate.
Earlier Thursday, LePage criticized the Legislature and Dunlap for not moving faster to bring the state into compliance with Real ID, saying the delay was hurting a group of veterans who can t gain access to the VA clinic in New Hampshire.
That s another issue that is really starting to bubble up and I ve been very concerned about. Unfortunately, the secretary of state and the Legislature aren t moving fast enough to solve the Real ID problem, LePage told WGAN radio hosts Matt Gagnon and Ken Altshuler during his weekly appearance on the show Thursday. Gagnon and Altshuler were working to raise funds for the Veterans Count organization, and LePage was speaking on veterans issues. LePage failed to mention that Golden s bill had been sitting on his desk for the past eight days, waiting for his signature to make it law. Governors have 10 days to either sign a bill into law or veto it. If they do neither, the bill becomes law without the governor s signature.
DISPUTING GOVERNOR S JUSTIFICATION
Golden said LePage s justification for the veto made no sense, since LePage s own budget proposal includes a $375,000 appropriation for the Bureau of Veterans Services to help veterans who fall into financial hardship. Golden noted that the bureau is going to have to determine financial eligibility to distribute that aid.
They keep saying one thing and then turning around and saying something completely different, he said. How hard is it (to determine financial need)? You ask a veteran to sign an affidavit, to show you a printout of their bank account, to show you they need the help. This isn t rocket science. Golden said if the Bureau of Veterans Services didn t have the capacity to do the work then that should be fixed as well.
Feeling as though you can t figure out how to solve a problem or implement a law to help veterans is not justification for complete inaction, he said. You build the capacity. It s called mission accomplishment. I know the people at the Maine Bureau of Veterans Services know what that means. L.D. 306, the bill authored by Sen. Bill Diamond, D-Windham, that would repeal the state law prohibiting Maine from complying with the Real ID mandate, likely will go before the full Senate for a vote next week.
The Legislature also will have an opportunity in the days ahead to override LePage s veto of Golden s bill, which passed 110-8 in the House and 35-0 in the Senate. A two-thirds majority is needed to override the governor s veto.
Scott Thistle can be contacted at 791-6330 or at: