Monthly Archives: June 2017

Accused NSA Leaker May Be Treated Harshly As An Example, Experts Say – Task & Purpose

Posted: June 12, 2017 at 7:52 pm

Her family calls Reality Leigh Winner a patriot who may have made some mistakes but acted with conviction for the good of her country. The federal government portrays her as something more sinister a threat to national security.

Those contrasting portraits, first unveiled last week in a bond hearing in an Augusta federal court, will likely emerge in the months ahead as the central themes in the first leak prosecution under the Trump administration.

Legal experts say prosecutors will want to make an example of someone who allegedly shared secrets in an era where rampant leaks have angered President Donald Trump and damaged his presidency. Winner, meanwhile, will be fighting for her freedom.

Winner, an intelligence contractor who worked at Fort Gordon near Augusta, pleaded not guilty to a single count of willful retention and transmission of national defense information. She is charged under the Espionage Act with leaking a top secret NSA document on Russian attempts to hack U.S. election systems to the news media.

Prosecutors won the first sortie on Thursday, convincing U.S. Magistrate Judge Brian Epps that Winner is too great a risk to be released on bond. Assistant U.S. Attorney Jennifer Solari said the government is concerned Winner might have compromised other secrets, and that she had a persistent desire to travel to Afghanistan and researched technology that could be used to cover her digital tracks.

Winner allegedly wrote that she wanted to burn the White House down and in notes appeared sympathetic to the Taliban.

Winners lawyer, Titus Nichols, said his client isnt a flight risk nor a threat.

Friends and her family have described her as an animal lover, a fitness buff and a decorated Air Force veteran. Her stepfather, Gary Davis, said her youth, her liberal views and her high security clearance make her a perfect patsy.

Thats what our biggest fear is political persecution to drive home a political point, Davis said. Thats the unwritten message. If you go against the government, then were going to shut you down. And were going to throw you into prison and throw away the key.

President Barack Obama prosecuted more leakers than all other presidents before him combined, and though the Winner case is the first under Trump, the new president has demanded the Department of Justice find and prosecute more.

Under Trump, even the definition of leaker has expanded. On Friday, the president called James Comey, the FBI director he fired amid probes into Russia election meddling, a leaker, although the contents of the memo Comey told Congress he had distributed to the press do not appear to qualify as classified information.

Joshua Lowther, a criminal defense attorney in Atlanta, said Winner could make a sympathetic defendant. Shes a six-year veteran of the Air Force awarded a commendation for her intelligence work, which helped kill and capture hundreds of enemy combatants.

One of Winners potential defenses is to highlight that history of service to her country, including in the decision whether misguided or principled to leak material about Russian influence on the 2016 presidential election that she believed the public needed to know, Lowther said.

In court Thursday, prosecutors sought to shoot down that line of defense with explosive allegations she expressed sympathies to American enemies and wanted to burn the White House, Lowther said.

The government thinks this is someone who deserves to be prosecuted severely, Lowther said.

So far, though, the prosecutions picture of Winner as a danger to the nation doesnt fully square with the material she is alleged to have leaked, said Kenneth Geers, a senior fellow at international affairs think tank Atlantic Council.

Geers, a former NSA and Defense Department analyst, said what Winner allegedly leaked and where she sent the information to the whistleblower website, The Intercept makes it appear she acted out of conscience.

When I read the (original Intercept) article I thought this is a person who might be a Bernie supporter, said Geers, referring to Bernie Sanders, the U.S. senator from Vermont and former Democratic presidential candidate.

Unless prosecutors uncover that Winner compromised more sensitive information, something that would aide an adversary or wound U.S. interests abroad, the case doesnt seem to support the argument that shes a jihadist, Geers said.

I dont know her state of mind or logic, but it seems like if she were a jihadist, only releasing information about the election doesnt make a lot of sense, Geers said.

Prosecutors do not have to prove harm

Former CIA Director Gen. David Petraeus and Marine Gen. James Cartwright avoided lengthy prison sentences by pleading to lesser charges. Winner fits into the pattern of the Justice Department throwing the book at lower level employees, said Edward MacMahon, a veteran criminal defense lawyer versed in national security cases.

MacMahon was part of the defense team for Jeffrey Sterling, a former CIA operative who was convicted of espionage and sent to prison for leaking details of a secret U.S. operation to sabotage Irans nuclear program to a New York Times reporter.

Though the Winner case is slated to be tried in federal court in Augusta, it will be directed from Washington by the Counterintelligence and Export Control Section of the Justice Departments National Security Division.

The government will put enormous resources into trying this case, MacMahon said.

Prosecutors will attempt to prove that Winner had access to the classified material, gave it to persons without that access and that they can exclude other possible suspects.

The salacious allegations of sympathizing with enemies only ups the ante.

Prosecutors also have a significant advantage: they do not have to prove the leak caused harm to the nation.

They dont have to prove actual harm, they only have to prove the possibility of harm, he said. Its been challenged in court as vague but no court has ever overturned a conviction from it.

2017 The Atlanta Journal-Constitution (Atlanta, Ga.). Distributed by Tribune Content Agency, LLC.

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FBI Used ‘Microdots’ to Nab Accused NSA Leaker – Newser

Posted: at 7:52 pm


Newser
FBI Used 'Microdots' to Nab Accused NSA Leaker
Newser
The yellow "microdots" formed a coded design on the paper the 25-year-old NSA contractor allegedly provided to the Intercept that purports to detail Russian interference in the November election. The pattern revealed the serial number of the printer ...

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Do You Have A First Amendment Right To Follow President’s Twitter Account? – CBS Miami

Posted: at 7:50 pm


CBS Miami
Do You Have A First Amendment Right To Follow President's Twitter Account?
CBS Miami
But just as seemingly everything Trump does and says sparks controversy, so too is the president's prolific and unpredictable use of Twitter, as one reporter called it, raising a novel question of constitutional law: Is there a First Amendment right ...
1st Amendment Lawyers Tell Trump to Un-Block Twitter UsersNBC 5 Dallas-Fort Worth
President Trump, stop blocking me on TwitterCNN
Trump's Tweets Just Went From Bad to Unconstitutional: Here's WhyInverse
TIME -TIME -Politico
all 624 news articles »

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Top legal implications surrounding Trump’s Twitter account – Blasting News

Posted: at 7:50 pm

This week, President Donald Trump came under fire for his Twitter activity, including blocking other users and tweeting about a pending case regarding his executive order for a a six-country travel ban [VIDEO]. Although Trump has made headlines [VIDEO] for his #Twitter Account in the past, some of his most recent activity has Twitter users questioning the constitutionality and legal implications of his online behavior.

On Tuesday, the Knights First Amendment Institute at Columbia University wrote a letter to Trump asking him to unblock Twitter users who posted content which disagreed or otherwise critiqued his actions.

The use of the block feature on Twitter is typically used to prevent other users from interacting with them personally. For most users, the use of this feature is not considered a violation of the law or Twitter's user policies. However, on Tuesday, #White House press secretary Sean Spicer confirmed at a press conference that tweets coming from Trump's Twitter account are also to be considered official White House statements. However, when users, particularly those in the US, are blocked from seeing such statements from public officials like Trump, it can lead to questions of transparency, which will inevitably lead to legal implications.

Furthermore, it is also likely that Trump's staff tweets for him. In such a case, blocking users would generate little to no effect, besides prohibit individuals from voicing concerns to him as an elected official.

The Knights First Amendment Institute also argued that such blocking interferes with First Amendment right because it obstructs freedom of speech in a "designated public forum."

However, it is yet to be determined by legislators whether social media is truly considered a public forum, further complicating the case.

Another argument made was that blocking users on Twitter would not violate the First Amendment, especially since the First Amendment concerns regarding Trump's tweets were directed at his personal Twitter account @realDonaldTrump, not his White House @POTUS account.

Also, this week, a tweet was posted on Trump's Twitter account regarding the petitioned Supreme Court case concerning the issue of his executive order for a six-country travel ban. The revised travel ban, originally including Iraq, now only includes Sudan, Libya, Iran, Yemen, Syria, and Somalia. Although Trump's legal counsel has advised him against referring to his executive order as a travel ban, Trump has continued to do so, as demonstrated by a tweet earlier this week.

That afternoon, the American Civil Liberties Union posted a tweet in response to Trump's post, stating that it might use his post against him in a Supreme Court argument.

Some legal experts predicted that the tweet could negatively impact his pending travel ban case. Others believed that Trump's tweets were not a legal issue.

"As a constitutional matter, as a legal matter, it should make absolutely no difference," said David B. Rivkin Jr., a lawyer for previous Republican administrations, to the New York Times.

The recent advent of #Social Media Law would make this case an unprecedented challenge for the Supreme Court.

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A Mysterious New Cryptocurrency Is Surging After Being Endorsed by Putin – Vanity Fair

Posted: at 7:49 pm

Ethereum founder Vitalik Vuterin speaks at TechCrunch in December of 2015.

By John Phillips/Getty Images.

After catching the eye of both the Singapore government and Russian President Vladimir Putin, Ethereumthe second-biggest cryptocurrency in the world, after Bitcoincontinues to skyrocket. On Monday morning, the cryptocurrency was trading at a record-high level of $407.10, more than a 5,000 percent rise since the beginning of 2017, when it was trading at $7.98.

Ethereums founder, Vitalik Buterin, recently met with Putin during the St. Petersburg International Economic Forum, a signal that the country may be interested in using digital currency to move its economy beyond gas and oil. The digital economy isnt a separate industry, its essentially the foundation for creating brand-new business models, Putin said at the forum. (Russian entities, like the state development bank VEB, have agreed to use Ethereum to help implement blockchain technology in the country). As investors look for a place to put their assets amid mounting geopolitical instability, some are turning to cryptocurrency. Singapores government has released a report saying it has carried out a test using ethereum blockchain technology to create a national digital currency. Regulators in Japan are issuing new rules that make cryptocurrencies like Ethereum a valid form of payment. And companies such as Toyota and Microsoft, which are members of an organization called the Enterprise Ethereum Alliance, are throwing their weight behind the cryptocurrency, too.

Ethereum, which has a total valuation of $36 billion, trails only Bitcoin (valued at $49 billion) in terms of market capitalization. Bitcoin has been rallying all year, reaching a high of above $3,000 for the first time on Sunday as a growing number of people turn to virtual currencies as a safer, faster way to exchange money. But Ethereums rally may still have a ways to go: Pavel Matveev, the co-founder of banking start-up Wirex, tells CNBC that Ethereums price could reach $600 by the end of the year.

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Europe’s First Cryptocurrency Fund Launching From Zug Valley – ETHNews

Posted: at 7:49 pm

News business and finance

For the first time, Europeans will have the option to trade in a diversified index fund based on cryptocurrencies.

On June 12, 2017, from Zug, Switzerland, Crypto Fund AG announced it is launching the Cryptocurrency Fund, based on the Cryptocurrency Index, to be registered with FINMA (Swiss Financial Market Supervisory Authority), and will be first investment vehicle of its kind to manifest in the European market.

The Cryptocurrency Index is calculated by an index provider known for investing in virtual currencies with significant market caps, including Ether, bitcoin, Ripple, and other cryptocurrencies. The index's diversification reduces volatility for investors reacting to the surge of emergent currencies in the marketplace, and its growth rate easily outpaces that of traditional equities and securities markets.

Jan Brzezek, CEO of Crypto Fund AG and former president of UBS Asset Management and UBS Group EMEA, spoke of the differences between the new fund and predecessors, which failed to gain approval from regulators:

"We recognized the growing demand of qualified investors for a regulated and transparent gateway to cryptocurrencies and realized that we need a proven and recognized legal framework allowing qualified investors to invest in cryptocurrencies. Unlike the Winkelvoss-ETF, which was rejected by the SEC, we use the regulated and proven Swiss fund structure according to KAG [Swiss Collective Investment Schemes Act], where the asset manager, the fund management company and the custodian bank are legally separate from each other. The Fund will be highly diversified and will not list on an exchange and exclusively target qualified investors.

In March 2017, the U.S. Securities and Exchange Commission (SEC) rejected an application by the Gemini Exchange founders, Cameron and Tyler Winklevoss, to launch the first ever bitcoin exchange traded fund (ETF). However, since then, the SEC reopened the matter for public commentary and continues to deliberate on the fate of the fund. The SEC is also currently considering a similar application of an Ether-based ETF proposed by EtherIndexEtherTrust.

For this endeavor, Brzezek has teamed up with Dr. Tobias Reichmuth, who acts as chairman of the board for Crypto Fund AG and is the founding investor. In addition, FinTech expert Marc P. Bernegger joins the board, providing his expertise.

Reichmuth expressed that desires to invest in cryptocurrency come from across the board. He said:

"Private and institutional investors alike show a keen interest for cryptocurrencies as a deflationary value storage medium independent of central banks. Access via a regulated vehicle, to execution and safe storage were so far missing. The Cryptocurrency Fund will be the first regulated fund globally which provides a safe and easy access to the rapidly growing cryptocurrency world.

Bernegger noted that it is no coincidence Zug Valley was chosen as a base, citing regulatory clemency and overall regional stability.

"The term Crypto Valley has quickly gained acceptance and demonstrates the concentration and growth of Cryptocurrency companies and foundations in the region of Zug and Zurich. It is also important to mention that Switzerland with its good reputation in asset management and stable regulation has already accepted virtual currencies as an asset class. In addition, the Swiss mountains offer safe and tested warehouses for digital assets.

Crypto Fund AG is advised by the law firm MME Legal, which specializes in blockchain technology and token offerings. The fund is slated to launch in Q4 2017 and an initial dialogue with FINMA has been established.

Jeremy Nation is a writer living in Los Angeles with interests in technology, human rights, and cuisine. He is a full time staff writer for ETHNews and holds value in Ether.

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Attackers Mining Cryptocurrency Using Exploits for Samba … – Threatpost

Posted: at 7:49 pm

Unknown attackers are using a recently patched vulnerability in Samba to spread a resource-intensive cryptocurrency mining utility. To date, the operation has netted the attackers just under $6,000 USD, but the number of compromised computers is growing, meaning that a significant number of Samba deployments on *NIX servers remain unpatched.

The attack also demonstrates that the vulnerability in Samba, CVE-2017-7494, can extend EternalBlue-like attacks into Linux and UNIX environments. Samba is a software package that runs on Linux and UNIX servers and sets up file and print services over the SMB networking protocol, integrating those services into a Windows environment.

The Samba vulnerability is similar to the SMB bug exploited on May 12 by attackers using the NSAs EternalBlue exploit to spread WannaCry ransomware. Experts warned that EternalBlue can be fitted with any measure of attack, and they have a similar message about this flaw, which has been nicknamed SambaCry.

Researchers at Kaspersky Lab said that one of their honeypots snagged on May 30 some of the first exploits targeting the Samba vulnerability. The payload was a two-headed threat: a Linux backdoor and a mining utility called Cpuminer that is leveraging the processing power of its victims to create Monero cryptocurrency.

The attacked machine turns into a workhorse on a large farm, mining crypto-currency for the attackers, Kaspersky Lab said in a report published on Securelist.com.

The researchers said the attackers Monero wallet and pool address are hardcoded in the attack.

According to the log of the transactions, the attackers received their first crypto-coins on the very next day, on April 30th, Kaspersky Lab said. During the first day they gained about 1 XMR (about $55 according to the currency exchange rate for 08.06.2017), but during the last week they gained about 5 XMR per day. This means that the botnet of devices working for the profit of the attackers is growing.

As of Friday, the attackers had mined about $6,000 USD, and Kaspersky Lab said it was unsure about the scale of the attack. Upon disclosure of the Samba vulnerability almost three weeks ago, Rapid7 said an internet scan using its ProjectSonarsoftware found more than 104,000 endpoints running vulnerable versions of Samba over port 445, the SMB port. More than 92,000 are running versions of Samba that have no patches available. The vulnerability was introduced into Samba in 2010 in version 3.5.0; admins should upgrade to patched versions: 4.6.4, 4.5.10 and 4.4.14.

Kaspersky Lab said the exploit is assembled as a Samba plugin, below. After running a checka file containing random symbolsto see whether the server has write permissions for the network, the attack must then brute-force the full path to dropped file. The most obvious paths are laid out in Samba instruction manuals, Kaspersky Lab said. Once it finds the path, the exploit is loaded and executed in the context of the Samba server process using the vulnerability; it runs only in virtual memory.

Kaspersky Lab said the attacks captured by its honeypot contained two files, a Linux backdoor and the miner. INAebsGB.soandcblRWuoCc.so respectively. INAebsGB.sois a reverse shell that connects to the port of the IP address specified by the owner giving it remote access to the shell.

As a result, the attackers have an ability to execute remotely any shell-commands. They can literally do anything they want, from downloading and running any programs from the Internet, to deleting all the data from the victims computer, Kaspersky Lab said, adding that this is similar to the SambaCry exploit in Metasploit.

The other file, cblRWuoCc.so, downloads and executes Cpuminer from a domain registered on April 29.

Coincidentally, another set of attackers used EternalBlue to spread a cryptocurrency miner called Adylkuzz for Monero on Windows machines. Monero is marketed as a privacy conscious cryptocurrency, and goes to great lengths to obfuscate its blockchain making it a challenge to trace any activity.

The Adylkuzz attacks pre-date WannaCry with the first samples going back to April 24, researchers at Proofpoint said. More than 20 virtual private servers were scanning the internet for targets running port 445 exposed, the same port used by SMB traffic when connected to the internet, and the same port abused by EternalBlue and DoublePulsar.

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Former UBS innovation lead establishes cryptocurrency fund – Finextra – Finextra

Posted: at 7:49 pm

Europe's first diversified Cryptocurrency Fund Crypto Fund AG is launching the Cryptocurrency Fund, which will be based on the Cryptocurrency Index, investing in the most important cryptocurrencies such as Bitcoin, Ether, Ripple, and other well-established cryptocurrencies.

The Cryptocurrency Index is calculated by a well-known index provider, and invests in the largest virtual currencies by market capitalization and liquidity. This ensures a high level of diversification which leads to a reduced volatility of the fund, while at the same time ensuring the ability to benefit from the emergence and high growth rate of new cryptocurrencies.

Jan Brzezek, CEO of Crypto Fund AG, explains: "We recognized the growing demand of qualified investors for a regulated and transparent gateway to cryptocurrencies and realized that we need a proven and recognized legal framework allowing qualified investors to invest in cryptocurrencies. Unlike the Winkelvoss-ETF, which was rejected by the SEC, we use the regulated and proven Swiss fund structure according to KAG, where the asset manager, the fund management company and the custodian bank are legally separate from each other. The Fund will be highly diversified and will not list on an exchange and exclusively target qualified investors.

The team headed by cryptocurrency expert Mr. Brzezek, who until recently worked for the President of UBS Asset Management and UBS Group EMEA and was also nominated as Group Innovation Expert by UBS, is complemented by experienced other finance professionals and is supported by well-known Swiss entrepreneurs: Dr. Tobias Reichmuth, CEO and Founder of the successful infrastructure fund manager SUSI Partners AG, has joined Crypto Fund AG both as founding investor and Chairman of the Board. Together with Fintech expert and investor Marc P. Bernegger (Board Member) and further soon to be announced senior banking industry professionals, they support the fast growth of Crypto Fund AG.

Mr. Reichmuth says: "Private and institutional investors alike show a keen interest for cryptocurrencies as a deflationary value storage medium independent of central banks. Access via a regulated vehicle, to execution and safe storage were so far missing. The Cryptocurrency Fund will be the first regulated fund globally which provides a safe and easy access to the rapidly growing cryptocurrency world.

The fact that Switzerland was chosen as a fund domicile is not a coincidence. Mr. Bernegger adds: The term "Crypto Valley" has quickly gained acceptance and demonstrates the concentration and growth of Cryptocurrency companies and foundations in the region of Zug and Zurich. It is also important to mention that Switzerland with its good reputation in asset management and stable regulation has already accepted virtual currencies as an asset class. In addition, the Swiss mountains offer safe and tested warehouses for digital assets.

The law firm MME Legal, which is specialized in blockchain and ICOs, advises Crypto Fund AG on legal matters. The launch of the Fund is expected for Q4 2017. Initial discussions with FINMA have already taken place.

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Israeli Banks Can Legally Refuse Service to Bitcoin and Cryptocurrency Companies – newsBTC

Posted: at 7:49 pm

Even though the Israeli exchange is fully compliant with all regulations, that does not appear to be sufficient.

Banks around the world have always had an uneasy relationship with Bitcoin companies. Banks do not like Bitcoin and vice versa. A financial institution was never able to legally deny service to a cryptocurrency company before, though. That has now come to change in Israel, thanks to a recent court ruling. It is quite troublesome to know banks are legally allowed to prevent the Bitcoin ecosystem from growing on a global basis.

According to a new Tel Aviv district court ruling, Israeli banks can now refuse services to Bitcoin companies. This ruling is a result due to a dispute between Bits of gold and Bank Leumi. The financial institution dropped the Bitcoin exchange as a client, which did not sit well with Bits of Gold. There does not appear to be a solid reasoning behind this decision either. The Bitcoin exchange complies with all AML and KYC requirements. On paper, this was an unlawful action, which eventually resulted in a court case.

Unfortunately, the Tel Aviv district court ruled the bank is legally allowed to refuse service to Bitcoin companies. Bank Leumi feels their proprietary cybersecurity issues are the reason for denying service to the exchange. More specifically, the bank claims hackers broke into accounts to send funds from the bank to buy bitcoins. Even though Bits of Gold aided in this matter, there was never a link between the hackers and the exchange itself. It seems quite odd to judge the company for something they are not even involved in, to say the least.

Even though the Israeli exchange is fully compliant with all regulations, that does not appear to be sufficient. This is quite problematic, to say the least. Bank Leumi is concerned over how anyone can transfer Bitcoin through the exchange of potentially malicious addresses. This would still grant criminals easy access to cryptocurrency, even if they do not sue the platform themselves. It is a valid concern, albeit one that is blown out of proportion quite a bit.

This is a very interesting precedent for other banks in Israel. The Bitcoin ecosystem has been growing in the country for quite some time now. However, it is very likely no bank will want to work with Bitcoin companies moving forward. It will be interesting to see how the Bitcoin ecosystem evolves in Israel over the coming years. Israeli cryptocurrency companies may find themselves in a bit of a pickle if more banks legally deny them services, though.

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Now bitcoin is crashing along with the drop in technology stocks – CNBC

Posted: at 7:48 pm

Bitcoin suddenly plummeted Monday, amid increased worries that the young digital currency system is growing too quickly.

The decline came as major U.S. technology stocks fell for a second straight day on concerns that the sector has risen to unsustainable levels.

At least two major bitcoin exchanges also had problems, while a new blockchain project raised a record high level of funds Monday.

"We are seeing greed being exhibited in the open," said William Mougayar, author of "The Business Blockchain: Promise, Practice, and Application of the Next Internet Technology. "This is not good for the overall ecosystem. Eventually, something more normal will prevail."

Bitcoin one-day performance

Source: CoinDesk

Bitcoin climbed above the psychologically key $3,000 level Sunday to hit a record high of $3,041.36, according to CoinDesk. The gains were helped by news that several major Chinese bitcoin exchanges were allowing withdrawals of the currency after a monthslong hiatus.

However, a sharp move lower Monday afternoon ET illustrated how volatile the cryptocurrency can be.

Bitcoin suddenly dropped more than 16 percent on the day to $2,532.87 before recovering slightly, CoinDesk data showed. The digital currency was trading about 11 percent lower near $2,683 as of 4:41 p.m.

Even with Monday's decline, bitcoin remained more than 150 percent higher for the year so far. The currency first topped the $2,000 level on May 20, less than four weeks ago.

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