Legal Issues's-Note-Fakery.aspxEditor's Note: FakeryGP0|#28ae3eb9-d865-484b-ac9f-3dfacb4ce997;L0|#028ae3eb9-d865-484b-ac9f-3dfacb4ce997|Strategic Security;GTSet|#8accba12-4830-47cd-9299-2b34a43444652017-11-01T04:00:00Z, Teresa Anderson<p>​Humans are predisposed to believe fake news. In August 2017, researchers at Yale University released a<a href=""> study finding that even one exposure to a false news story</a>, such as on a Facebook feed, predisposed the reader to believe that the story was true. The more times the reader was exposed, the more he or she was sure the information was accurate. This phenomenon held even if the story was clearly labeled as questionable. The study illustrates the concept of illusory truth. Well known to researchers since the 1970s, this tendency to believe clearly untrue information is at play <a href="" target="_blank">even if the reader previously knew that the information was false</a>.</p><p>Advancements in computer software might soon erase the line between truth and lies. Current controversy swirls around written material online, but audio and video editing technology could make it impossible to believe anything you read, hear, or see.</p><p>On a recent episode of the <a href="">Radiolab podcast</a>, Producer Simon Adler discussed VoCo, a new audio manipulation software developed by Adobe. Dubbed “Photoshop for audio,” the new technology needs only 20 minutes of a person’s speech to recreate the person’s voice. Software puts up a transcript of the audio recorded. Then by changing the text, the speaker’s words change. The words can be rearranged and they can also be altered. These new words, which were never actually uttered by the speaker, are transmitted in the speaker’s voice. </p><p>Another new software product, Face2Face, does similar things to video. The software tracks facial expressions on an existing video and can then transpose the expressions of the software operator onto the person in the video. With this software, anyone can alter the video of a real event. For example, a user can take a video of Barack Obama giving a speech to Congress and alter it to contain nothing but golf references. The viewer sees Obama speaking and hears Obama’s voice, but it’s all fake. </p><p>“If you join the video manipulation with VoCo voice manipulation,” Adler emphasizes, “you are the ultimate puppeteer. You can create anyone talking about anything you want in their own voice.”</p><p>This technology is especially dangerous in a time when the news is already manipulated by state actors. In his article in<em> Vanity Fair</em>, “Fake News Is About to Get Even Scarier than You Ever Dreamed,”<a href="" target="_blank"> Nick Bilton writes ​</a>that this new technology means that “governments can weaponize fake news as an act of digital terror.”</p><p>An optimist might argue that watermarking and other detection techniques will be employed to tag altered audio and video. The public, meanwhile, will be armed with the knowledge that manipulation exists, making everyone more skeptical than before.</p><p>A realist might argue that the future of news is its past. Soon, the only reliable information will be written and produced by trusted sources and delivered to your doorstep. In print.</p>

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Education Connection<p>​With a staff of more than 2,000 people and an annual operating budget of $360 million, Eastern Suffolk Board of Cooperative Educational Services (Eastern Suffolk BOCES) provides a variety of support for K-12 schools in Long Island, New York.  </p><p>“It could be things such as the schools’ IT support; we can host their computers and their servers; we can help out with test grading and professional development for their staff,” says Ryan Ruf, associate superintendent for management services at Eastern Suffolk BOCES. “And there are dozens and dozens of other services that we provide to public schools.” There are 51 school districts, called component districts, that the organization serves. </p><p>Located in 37 different buildings that Eastern Suffolk BOCES either rents or owns, the organization puts a priority on security to protect the wealth of sensitive student and school information that it houses. </p><p>“Since the safety and security of our students and staff are our number one priority, we have the responsibility to deploy proven integrated security technology systems to achieve this goal,” Ruf explains, noting the organization has turned to several vendors to make up a network of cameras, access control, and visitor management systems to maintain security.</p><p>“There are hundreds of cameras installed throughout our locations that are available on a platform where we can view them remotely,” Ruf notes. Most cameras are from Axis, and the video management system is by IP Video.  </p><p>Access control is another priority for the organization, says Ruf, who notes the growing number of active shooters in educational environments. “Not that many years ago, most school buildings on Long Island, in New York state, and throughout the country were open—parents could walk through the front door, drop off a lunch for their kids, and leave,” he explains. </p><p>But now that the situation has changed, Ruf says Eastern Suffolk BOCES is staying on top of the security threat, with the ability to lock down buildings remotely and control which staff members have access to which buildings. </p><p>“When you’re a big agency such as ourselves, and you have daily transactions with staff coming and going….you need to have the ability to control that,” he says. This includes shutting off access for an employee who no longer needs it or going through the proper protocols when someone resigns, he adds. </p><p>Eastern Suffolk BOCES also uses a visitor management platform from Raptor Technologies, which allows front desk employees to quickly process anyone wishing to gain access to the building by running their state-issued identification. Eastern Suffolk BOCES also built security vestibules in its lobbies, holding areas of sorts, where visitors must wait while their IDs are being processed.</p><p>“Raptor does a background check, and cross-references the ID with the sex offender list. It also records certain key information for us in case we needed to find out who was in our building at any particular time,” Ruf says. If everything checks out, a temporary ID is generated for the visitor. </p><p>A+ Technology & Security Solutions, Inc., is the integrator that installed and manages those security platforms for the organization, and monitors their health to perform any repairs that may be needed. “That way, if an incident does occur, things are working well soon after,” Ruf says. “We don't necessarily have the people power to walk around and check everything out every few hours and make sure everything is operational.” </p><p>While the technologies it has installed greatly improve its security posture, Eastern Suffolk BOCES took its ability to handle serious threats like active shooter to the next level when it signed up for a pilot program with A+ Technology and the local police department. Since December 2016, it has given Eastern Suffolk County Police headquarters access to its surveillance cameras in an emergency. </p><p>To connect its cameras to police headquarters, Eastern Suffolk BOCES built a fiber optic cable network that can be tapped into should other school districts want to leverage the same fiber in the future. </p><p>“With this new Ethernet line, we would be able to just route those individual component districts back to Suffolk County Police,” Ruf says, “and we view that as the next step in this program.” </p><p>When an emergency call comes in—whether it’s for an active shooter or another type of threat—police can automatically pull up the camera feeds from the location where the incident is occurring. From there, law enforcement can direct first responders with real-time information based on what the camera shows. </p><p>Ruf notes that many of Eastern Suffolk BOCES’ buildings are large, and possibly difficult to navigate for someone who isn’t familiar with the layout. “This way, police already have an eye inside of our building that's talking to the [first responder], directing them to the northeast corner of the building, or the south of the campus,” he explains.</p><p>Eastern Suffolk BOCES is part of the larger pilot program in Suffolk County facilitated by A+ Technology. The technology company has worked with other schools and businesses to install “tens of thousands of cameras” that connect to police headquarters, according to David Antar, president of A+ Technology. </p><p>“The system leverages something called the C3fusion by IP Video Corporation, which takes many disparate sources of information and brings them back to a common operating picture at police headquarters,” says Antar. </p><p>With such a large stakeholder community, Ruf says Eastern Suffolk BOCES benefits tremendously from having a one-stop-shop for law enforcement to view its cameras. </p><p>“There are 51 component districts. We can’t have 51 different systems that police are looking at, it has to be one uniform system,” Ruf notes, “We think this A+ solution is the one that makes the most sense.” </p>GP0|#cd529cb2-129a-4422-a2d3-73680b0014d8;L0|#0cd529cb2-129a-4422-a2d3-73680b0014d8|Physical Security;GTSet|#8accba12-4830-47cd-9299-2b34a4344465 Report April 2017<h4>​U.S. JUDICIAL DECISIONS</h4><p>Fraud. Volkswagen will plead guilty to three U.S. criminal felony counts and pay a $2.8 billion penalty to resolve a U.S. federal criminal investigation into its cheating on emissions tests. </p><p>The plea is the result of Volkswagen’s long-running scheme to sell roughly 590,000 diesel vehicles in the United States by using a device designed to cheat emissions tests, which are mandated by the U.S. Environmental Protection Agency (EPA) and the California Air Resources Board (CARB).</p><p>Volkswagen, according to the U.S. Department of Justice (DOJ), participated in a conspiracy to defraud the United States and its U.S. customers and to violate the Clean Air Act by misleading regulators and customers about whether its diesel vehicles complied with U.S. emissions standards. </p><p>Volkswagen also pleaded guilty to obstruction of justice for destroying documents related to the scheme and to a separate crime of importing vehicles that did not comply with U.S. emissions limits into the country.</p><p>“Under the terms of the plea agreement, which must be accepted by the court, Volkswagen will plead guilty to all these crimes, will be on probation for three years, will be under an independent corporate compliance monitor who will oversee the company for at least three years, and agrees to fully cooperate in the Justice Department’s ongoing investigation and prosecution of individuals responsible for these crimes,” the DOJ said in a statement.</p><p>A federal grand jury also indicted six former Volkswagen executives for their roles in the cheating scheme: Heinz-Jakob Neusser, former head of development; Jens Hadler, former head of engine development; Richard Dorenkamp, former head of engine development after-treatment department; Bernd Gottweis, former supervisor responsible for quality management and product safety; Oliver Schmidt, former general manager in charge of the environment and engineering office; and Jürgen Peter, part of the quality management and product safety group.</p><p>Volkswagen engineers began designing a new diesel engine in 2006 to meet U.S. emissions standards that would go into effect in 2007. The engine was marketed as a “clean diesel” engine, but Volkswagen soon realized that it could not design an engine to meet the stricter standards and attract sufficient customer demand in the United States. So, Volkswagen decided to use a software function to cheat U.S. emissions tests.</p><p>“Volkswagen engineers working under Dorenkamp and Hadler designed and implemented software to recognize whether a vehicle was undergoing standard U.S. emissions testing on a dynamometer (device for measuring force) or it was being driven on the road under normal driving conditions,” the DOJ said. “If the software detected that the vehicle was not being tested, it operated in a different mode, in which the vehicle’s emissions control systems were reduced substantially, causing the vehicle to emit [mono-nitrogen oxides] up to 40 times higher than U.S. standards.”</p><p>This new engine model was installed in Volkswagen vehicles beginning in 2009. The vehicles were then imported to the United States. To legally sell the vehicles in the United States, the coconspirators allegedly lied to the EPA about the existence of the test-cheating software.</p><p>In 2014, West Virginia University’s Center for Alternative Fuels, Engines, and Emissions published a study commissioned by the International Council on Clean Transportation. The study found “substantial discrepancies” for Volkswagen vehicles when tested on the road compared to when they were undergoing EPA and other tests on dynamometers. </p><p>Instead of telling the truth about the testing, however, Volkswagen employees—including Neusser, Gottweis, Schmidt, and Peter—attempted to disclose as little information as possible to U.S. regulators, customers, and the public. </p><p>U.S. regulators followed up with Volkswagen to determine why the discrepancies in testing were occurring. But in “implementing their strategy of disclosing as little as possible, Neusser, Gottweis, Schmidt, Peter, and their co-conspirators” provided regulators with “testing results, data, presentations, and statements in an attempt to make it appear that there were innocent mechanical and technological problems to blame, while secretly knowing that the primary reason for the discrepancy was their cheating software that was installed in every Volkswagen diesel vehicle sold in the United States,” the DOJ explained.</p><p>Volkswagen used this strategy with regulators for more than 18 months, successfully obstructing attempts to uncover the truth. </p><p>In a separate civil case, Volkswagen will pay $1.5 billion for violating EPA regulations and for customs fraud. The agreement with the EPA in the civil case also requires injunctive relief to prevent future violations. It also resolves alleged violations of the Financial Institutions Reform, Recovery, and Enforcement Act. (U.S. v. 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It found that EU law precludes the “general and indiscriminate” retention of electronic communications traffic data and location data.</p><p>“The fact that the data is retained without users of electronic commu­nications services being informed of the fact is likely to cause the persons concerned to feel that their private lives are the subject of constant surveillance,” the court wrote. “Consequently, only the objective of fighting serious crime is capable of justifying such interference.”</p><p>The court ruled that EU member states can—as a preventive measure—create provisions for targeted retention of electronic communications data to fight serious crime, “provided that such retention is, with respect to the categories of data to be retained, the means of communication affected, the persons concerned, and the chosen duration of retention, limited to what is strictly necessary.”</p><p>The court also explained that access to the data by national authorities must be subject to conditions, including being reviewed by an independent autho­rity and being retained within the European Union.</p><p>The U.K. law “exceeds the limits of what is strictly necessary and cannot be considered to be justified within a democratic society,” the court added. The U.K. government plans to appeal the ruling to the EU Court of Appeals because it has not completed Brexit and is still subject to EU law. (Secretary of State for the Home Department v. Tom Watson and Others, Court of Justice of the European Union, No. C-698/15, 2016)​</p><h4>U.S. LEGISLATION</h4><p><strong>Email.</strong> The U.S. House of Representatives passed legislation that would update privacy protections for electronic communications stored by third-party service providers.</p><p>The Email Privacy Act (H.R. 387) would update the Electronic Communications Privacy Act (ECPA) to require all U.S. government agencies to obtain a warrant to search Americans’ online communications, regardless of when the email was written. The ECPA currently allows the U.S. government to search any email that is more than 180 days old that’s stored on a third-party server, such as a Google or Yahoo server, without a warrant.</p><p>The bill was introduced in the 114th U.S. Congress and passed the House of Representatives unanimously, but stalled in the Senate.</p><p>“As a result of Congress’s failure to keep pace with technological developments, every American is at risk of having their emails warrantlessly searched by government agencies,” said bill cosponsor Representative Kevin Yoder (R-KS) in a statement. “It’s simple, in 2017 if the federal government wants to access Americans’ digital content, it must get a warrant.”</p><p>The bill has nine bipartisan cosponsors and has been sent to the Senate for consideration.​</p><h4>U.S. REGULATIONS</h4><p>Privacy. U.S. agencies published a final rule that requires contract employees who handle personally identifiable information (PII) or work with a system of records to complete privacy training. </p><p>The rule was crafted by the U.S. Department of Defense, the General Services Administration, and the National Aeronautics and Space Administration. It requires contract employees who handle PII to receive initial and annual privacy training on working with PII and the contractor’s incident response plan. </p><p>The privacy training must address the safeguarding of PII or a system of records, and should be “role-based, provide foundational as well as more advanced levels of training, and have measures in place to test the knowledge level of users,” according to the rule.</p><p>Contractors are also required to maintain documentation on employees’ privacy training and provide it to the agencies upon request.</p><p>The rule applies to contractors and subcontractors at or below the simplified acquisition threshold of approximately $150,000 and to contracts and subcontracts for commercial items.  ​</p><h4>OTHER LEGISLATION</h4><p><strong>​Wildlife Trafficking</strong>. China will ban all ivory commerce by the end of 2017 following years of growing pressure to shut down the world’s largest ivory market.</p><p>The shutdown of the market will occur in phases, according to China’s State Council, and the first step was the closure of legal ivory processing factories and businesses by March 31. The Ministry of Culture will now transition ivory to museums and other cultural institutions, and assist ivory workers to find related vocations.</p><p>Additionally, China will strengthen law enforcement supervision, publicity, and education to crack down on illegal processing of ivory within the nation.</p><h4>Elsewhere in the Courts</h4><p><strong>Corruption</strong></p><p>Brazilian global construction conglomerate Odebrecht S.A. and petrochemical company Braskem pleaded guilty and agreed to pay penalties of at least $3.5 billion to resolve U.S., Brazilian, and Swiss charges of bribery. The two companies used a business unit, dubbed a “Department of Bribery” by the U.S. Department of Justice (DOJ), to systematically pay hundreds of millions of dollars to corrupt government officials in countries around the world to win business. “The criminal conduct was directed by the highest levels of [Odebrecht], with the bribes paid through a complex network of shell companies, off-book transactions, and off-shore bank accounts,” according to the DOJ. (U.S. v. Odebrecht S.A., U.S. District Court for the Eastern District of New York, No. 16-643 (RJD), 2017; U.S. v. Braskem, U.S. District Court for the Eastern District of New York, No. 16-644 (RJD), 2017) </p><p><strong>Firearms</strong></p><p>A U.S. appeals court found that California’s 10-day waiting period to purchase a firearm is a reasonable safety precaution for all individuals seeking to purchase a gun, regardless of whether they have purchased a gun in the state before. In a lawsuit challenging California’s law that created the waiting period, the appeals court reversed a lower court’s decision, finding that the law does not violate plaintiffs’ Second Amendment rights under the U.S. Constitution because the waiting period is a “reasonable precaution for the purchase of a second or third weapon, as well as for a first purchase.” (Silvester v. Harris, U.S. Court of Appeals for the Ninth Circuit, No. 14-16840, 2016)</p><p><strong>Breaks</strong></p><p>Employees on rest breaks must be relieved of all of their duties, the California Supreme Court ruled, finding that a security firm violated state law by requiring security guards to carry phones and radios and remain on call during rest breaks. “California law requires employers to relieve their employees of all work-related duties and employer control during 10-minute rest periods,” the court wrote. The suit was brought by security guards employed by ABM Security Services, Inc. (Augustus v. 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