Best Buy Bans Huawei Phones Despite Zero Public Evidence Company Spies On Americans
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A few years back, you might recall that there was a period of immense government and media hyperventilation over allegations that Chinese hardware vendor Huawei spied on an American consumers. Story after story engaged in hysterical hand-wringing over this threat, most of them ignoring that Chinese gear and components are everywhere, including in American products. So the government conducted an 18 month investigation into those allegations and found that there was no evidence whatsoever to support allegations that Huawei spies on Americans via its products. One anonymous insider put it this way at the time:"We knew certain parts of government really wanted evidence of active spying, said one of the people, who requested anonymity. We would have found it if it were there." What inquiries into this subject do tend to find is that U.S. networking companies like Cisco, terrified by the added competition from Chinese network vendors, are really effective at scaremongering gullible and non-tech savvy lawmakers into supporting a protectionist stance against Huawei. The hypocrisy of "protectionism is only bad when somebody else does it" is compounded by the fact that Snowden docs revealed that the NSA hacked into Huawei starting back in 2007 to steal source code and...plant backdoors in Huawei gear to spy on people around the world.In an ideal world, numerous lessons would have been learned from this whole experience.But this is America! Fast forward to the last few months, and the narrative of Huawei as a villainous, unchecked Chinese spying apparatus is once again all the rage, with nobody apparently heeding the lessons from just a few years ago. As we've been noting, both AT&T and Verizon (who not only help the NSA spy on everyone but have been caught giving advice on how to best tapdance around privacy and surveillance laws) were recently pressured to kill looming business deals with Huawei based on unsubstantiated, unpublished and vague allegations of spying.While Huawei has some presence here (they helped Google build the Nexus 6P), they'd been making some solid inroads at AT&T and Verizon on deals that would have let them strike major smartphone partnerships. AT&T was just hours away from announcing one such deal at CES earlier this year, when it suddenly announced it would be scrapping the deal. AT&T didn't say why, but later reports indicated it was because of pressure from a handful of lawmakers on the Senate and House Intelligence Committees (again, AT&T has oodles of NSA contracts it would obviously like to protect).Again though, nobody was able to offer concrete evidence of said spying, nor did anybody seem to remember we just went through this a few years back and found no evidence of Huawei wrongdoing. Fast forward to this week, when Best Buy announced it too would be banning Huawei products from its store shelves (warning: obnoxious autoplay video):"Best Buy, the nation's largest electronics retailer, has ceased ordering new smartphones from Huawei and will stop selling its products over the next few weeks, according to a person familiar with the situation. Best Buy made the decision to end the relationship, the person said. "We don't comment on specific contracts with vendors, and we make decisions to change what we sell for a variety of reasons," said a Best Buy spokeswoman." Few news outlets seem to spend too much time worrying about the fact that these decisions are being made completely non-transparently, with no hard evidence being offered to justify them. Again it's not impossible that Huawei helps the government spy, but given the volume and duration of these accusations, you'd think that somebody would be able to drum up a shred of public evidence supporting them. Regardless, protectionism is playing a pretty major role here one way or another, and you'd be hard pressed to find any American tech press coverage that so much as breaches that already documented reality.While it's obvious that China spies on America, it certainly has an ocean of ways to do so outside of Huawai. Chinese hardware is utterly everywhere in America, including inside of most U.S.-made networking gear and smartphone hardware. And Americans also have a voracious appetite for internet of broken things devices, most of which lack even the most rudimentary privacy and security safeguards. Spying on us at scale doesn't really even require Huawei's help. We volunteer ourselves routinely for the duty courtesy of our collective obsession with "smart" televisions and other easily-hacked devices.It's routinely amazing how the same individuals and organizations who preach endlessly about the need for healthy, open competition and malign China endlessly for protectionism, are suddenly OK when we're the ones dressing up protectionism under the thin veneer of national security. Similarly there's an endless roster of individuals engaged in all manner of face-fanning when foreign governments spy on us, but don't so much as blink when it's revealed we illegally hack into companies to plant backdoors or intercept U.S. networking gear deliveries for the same purpose.And again, this hypocrisy is routinely made worse by a U.S. (and Canadian) tech press that's utterly oblivious to how nationalism skews their reporting and allows them to be easily manipulated by companies simply eager to avoid competition. If you're a tech reporter it is, shockingly enough, still your job to provide hard data--even when reporting on murky allegations against "enemies of the state" you may not personally be a fan of.
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posted at: 12:01am on 24-Mar-2018
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New Orleans' Secret Predictive Policing Software Challenged In Court
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Predictive policing software -- developed by Palantir and deployed secretly by the New Orleans Police Department for nearly six years -- is at the center of a criminal prosecution. The Verge first reported the NOPD's secret use of Palantir's software a few weeks ago, something only the department and the mayor knew anything about.The relationship between New Orleans and Palantir was finalized on February 23rd, 2012, when Mayor Landrieu signed an agreement granting New Orleans free access to the firm’s public sector data integration platform. Licenses and tech support for Palantir’s law enforcement platform can run to millions of dollars annually, according to an audit of the Los Angeles County Sheriff’s Department.In January 2013, New Orleans would also allow Palantir to use its law enforcement account for LexisNexis’ Accurint product, which is comprised of millions of searchable public records, court filings, licenses, addresses, phone numbers, and social media data. The firm also got free access to city criminal and non-criminal data in order to train its software for crime forecasting. Neither the residents of New Orleans nor key city council members whose job it is to oversee the use of municipal data were aware of Palantir’s access to reams of their data. Suspects being tried didn't know anything about it either. While the NOPD turned over 60,000 pages of documents to Evans "Easy" Lewis during his trial for conspiracy and murder charges, not a single one of them referenced the software the police were using to sniff out suspects. This was mainly due to Palantir giving the city the software for free, which allowed both the city and the PD to cut the public out of the equation by eliminating bidding processes and budgetary reporting requirements.The mayor ended the program two weeks after the Verge report, choosing not to continue working with the contractor. It appears this decision was made to limit negative coverage of the secret software deployment, rather than out of any concern for the millions of New Orleans residents swept up in Palantir's dragnet.Yesterday, outgoing New Orleans Mayor Mitch Landrieu’s press office told the Times-Picayune that his office would not renew its pro bono contract with Palantir, which has been extended three times since 2012. The remarks were the first from Landrieu’s office concerning Palantir’s work with the NOPD. The mayor did not respond to repeated requests for comment from The Verge for the February 28th article, done in partnership with Investigative Fund, or from local media since news of the partnership broke. Now that the city's secret is no longer secret, defense attorneys are demanding the NOPD start handing over Palantir-generated evidence. A man challenging his conviction on gang-related charges in New Orleans is asking for everything Palantir has on him, under the theory the dragnet also swept up plenty of exculpatory info.In the first courtroom challenge to the New Orleans Police Department’s use of sophisticated crime-fighting software, a judge on Wednesday granted a convicted Central City gang lord a chance to try to prove his allegation that a Palantir Technologies program spat out exculpatory information on him that was never revealed to his attorneys.Criminal District Court Judge Camille Buras set an April 3 court date to rule on subpoenas that attorneys for Kentrell "Black" Hickerson will be seeking in order to learn how Palantir's program, called "Gotham," has been used in New Orleans — and particularly in the case against Hickerson and 19 other suspected "3NG" gang members.Buras said that Hickerson's lead attorney, Kevin Vogeltanz, could add the argument to Hickerson's pending motion for a new trial. Prosecutors are arguing the Palantir documents will add nothing new. They claim the only thing the software does is aggregate info from multiple law enforcement databases to make it easier to search. But that's not how the software is described in the Verge report. It's predictive policing software -- something that turns people into suspects based on their relationships with people in law enforcement databases or their location in the city. That's far more than "aggregation." It creates criminals who haven't committed crimes and encourages officers to view certain areas of the city as inherently suspicious.This dovetails directly into the defense's theory about Palantir's attenuated associations and quasi-geofencing of suspected gang members: what Palantir "sees" isn't necessarily what's actually happening.Hickerson, 38, was convicted of racketeering and drug conspiracy counts after a 10-day trial in Buras’ courtroom two years ago. Prosecutors and former gang allies said he committed or directed a series of killings in a battle over turf rights around Third and Galvez streets.At the trial and afterward, however, Vogeltanz argued that authorities had created the idea that 3NG was a gang. He pointed to testimony from a key cooperating witness, Tyrone Knockum, who cast doubt on the gang’s cohesiveness.“Is it a bona fide gang, or is it a group of people that grew up around each other and hang around with each other?” Vogeltanz asked.“It’s a group of people that grew up around each other,” Knockum said. That's what happens when algorithms decide people in the general vicinity of each other must all engage in the same activities. If some of them engage in criminal activities, then everyone the software declares to be risky -- based on law enforcement databases and math companies aren't willing to share with the accused -- faces the possibility of being swept up and charged with conspiracy, if nothing else. And criminal conspiracy charges result in real years in real prisons, based on little more than calculated assumptions about a person's relationship to those around them.
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