Stop SESTA: Amendments to Federal Criminal Sex Trafficking Law Sweep Too Broadly



  • EFF opposes the Senate’s Stop Enabling Sex Trafficking Act (S. 1693) (“SESTA”), and its House counterpart the Allow States and Victims to Fight Online Sex Trafficking Act (H.R. 1865). Not only would both bills eviscerate the immunity from liability for user-generated content that Internet intermediaries have under Section 230, the bills would also amend the federal criminal sex trafficking statute to sweep in companies who may not even be aware of what their users are doing.

    As we recently explained, Section 230 has always had an express exemption for federal criminal law, meaning that Internet intermediaries can be prosecuted in federal court. Thus, federal prosecutors have always been able use the federal criminal sex trafficking statute (18 U.S.C. § 1591) to go after online platforms without running into Section 230 immunity.

    SESTA and its House counterpart would amend Section 1591 to expand federal criminal liability for Internet intermediaries—increasing the ways they may be on the hook for what are essentially the crimes of their users. These changes are not only unnecessary in light of current law, such an expansion of intermediary liability would undermine the online free speech and innovation that all Internet users have come to expect and enjoy.

    Congress Already Gave Federal Prosecutors the Ability to Target Culpable Online Platforms

    With the SAVE Act of 2015, Congress amended Section 1591 to make “advertising” sex trafficking a crime. Congress intended to target both the pimps who post sex trafficking ads and the online platforms who host such ads, in particular, classified ad websites like Backpage.com.

    We have not yet seen a prosecution under the SAVE Act, but it has been reported that prosecutors have empaneled a federal grand jury in Arizona to investigate Backpage.com. Now Congress wants to further expand federal criminal liability under Section 1591 in dangerous ways—without proof that such an expansion is necessary.

    Currently, given the 2015 amendments, Section 1591 can be read as prohibiting two main crimes:

    • First, it is a crime for a person or entity to “advertise” sex trafficking or to benefit financially from “participation in a venture” that has engaged in advertising sex trafficking, knowing that an ad reflects a sex trafficking situation. Added by the SAVE Act, this crime was intended to apply only to the culpable hosts of online sex trafficking ads—those individuals or companies who, in fact, know that the ads are for sex trafficking.

    • Second, it is a crime for a person or entity to engage in certain activities (other than advertising) related to sex trafficking or to benefit financially from “participation in a venture” that has engaged in certain activities related to sex trafficking. The statute lists the activities for which criminal liability attaches (specifically, if a person: recruits, entices, harbors, transports, provides, obtains, maintains, patronizes, or solicits). For this second set of crimes, the statute permits a lower standard for the defendant’s state of mind: a person or entity who engages in these activities or benefits financially from “participation in a venture” that engages in these activities, knowing or in reckless disregard of the fact that sex trafficking is involved. Thus, individuals or companies need not, in fact, know that a “venture” involves sex trafficking, only that they should have known.

    Congress assigned the higher “knowledge” standard to advertising sex trafficking in the SAVE Act in light of civil libertarians’ concerns that attaching criminal liability to advertising implicates First Amendment rights.

    SESTA Would Dangerously Expand Federal Criminal Liability to Encompass Innocent Online Platforms

    The Senate bill would amend Section 1591 by further defining “participation in a venture” to include any activity that “assists, supports, or facilitates” sex trafficking.

    Therefore, the Senate bill creates a third crime under Section 1591(a)(2):

    • It is a crime for a person or entity to benefit financially from “participation in a venture” that has assisted, supported, or facilitated sex trafficking, knowing or in reckless disregard of the fact that sex trafficking is involved. (The House bill has similar amendments.)

    There are two problems with this amendment to Section 1591(a)(2).

    First, the words “assists, supports, or facilitates” are extremely vague and broad. Courts have interpreted “facilitate” in the criminal context simply to mean “to make easier or less difficult,” as in using a phone to help “facilitate” a drug deal. A huge swath of innocuous intermediary products and services would fall within these newly prohibited activities, given that online platforms by their very nature make communicating and publishing “easier or less difficult.”

    Second, persons or entities would be criminally liable under the bill’s vague and broad terms even if they do not actually know that sex trafficking is happening—much less intend to assist in sex trafficking. This would expose innocent individuals and companies to federal criminal liability should their products or services be misused by sex traffickers.

    This reasonable reading of SESTA carries dangerous implications for all Internet intermediaries, not just classified ad websites like Backpage.com, as well as brick-and-mortar companies.

    Any company in the chain of online content distribution—whether ISPs, web hosting companies, websites, search engines, email and text messaging providers, or social media platforms would be swept up by these amendments to Section 1591. All of these companies come into contact with user-generated content—whether ads, emails, text messages, or social media posts—some of which might involve sex trafficking. And all of these services can be said to “assist, support, or facilitate” sex trafficking. For example, should a messaging app be used by the perpetrators of sex trafficking to communicate with each other, a federal prosecutor could argue that such a service assisted, supported, or facilitated sex trafficking. Thus, all of these companies would be criminally liable under Section 1591 if a jury concludes—not that the companies actually knew their services were “facilitating” sex trafficking—but that they were “reckless” and thus should have known that was true in a particular case.

    Additionally, the new federal criminal liability in Section 1591 created by SESTA would not be limited to online platforms, given that Section 1591 currently is not limited to online platforms but instead applies to “whoever” participates in a venture. Thus, on the face of the bill, any individual or company that “assists, supports, or facilitates” sex trafficking, in reckless disregard of the fact that sex trafficking is happening, is open to federal criminal liability. While perhaps not Congress’ intent, this language could swallow up an endless list of companies who may not, in fact, be aware of what their customers are doing. For example, if a sex trafficker used a legitimate package delivery service or bank in the course of his illicit dealings, would those entities have “facilitated” sex trafficking?

    In summary, just because Internet intermediaries cannot invoke Section 230 immunity when faced with liability under federal criminal law, it does not follow that the federal criminal sex trafficking statute should be further amended—beyond what the SAVE Act did—to sweep in what may be innocent Internet intermediaries and hold them responsible for the sex trafficking crimes of their users.

    Section 1591—as amended two years ago—gives the U.S. Department of Justice more than enough leeway to prosecute culpable online platforms for their role in sex trafficking.

    Visit our STOP SESTA campaign page and tell Congress to reject S. 1693 and H.R. 1865!

    https://www.eff.org/deeplinks/2017/09/stop-sesta-amendments-federal-criminal-sex-trafficking-law-sweep-too-broadly





Tmux Commands

screen and tmux

A comparison of the features (or more-so just a table of notes for accessing some of those features) for GNU screen and BSD-licensed tmux.

The formatting here is simple enough to understand (I would hope). ^ means ctrl+, so ^x is ctrl+x. M- means meta (generally left-alt or escape)+, so M-x is left-alt+x

It should be noted that this is no where near a full feature-set of either group. This - being a cheat-sheet - is just to point out the most very basic features to get you on the road.

Trust the developers and manpage writers more than me. This document is originally from 2009 when tmux was still new - since then both of these programs have had many updates and features added (not all of which have been dutifully noted here).

Action tmux screen
start a new session tmux OR
tmux new OR
tmux new-session
screen
re-attach a detached session tmux attach OR
tmux attach-session
screen-r
re-attach an attached session (detaching it from elsewhere) tmux attach -d OR
tmux attach-session -d
screen -dr
re-attach an attached session (keeping it attached elsewhere) tmux attach OR
tmux attach-session
screen -x
detach from currently attached session ^b d OR
^b :detach
^a ^d OR
^a :detach
rename-window to newname ^b , <newname> OR
^b :rename-window <newn>
^a A <newname>
list windows ^b w ^a w
list windows in chooseable menu ^a "
go to window # ^b # ^a #
go to last-active window ^b l ^a ^a
go to next window ^b n ^a n
go to previous window ^b p ^a p
see keybindings ^b ? ^a ?
list sessions ^b s OR
tmux ls OR
tmux list-sessions
screen -ls
toggle visual bell ^a ^g
create another window ^b c ^a c
exit current shell/window ^d ^d
split window/pane horizontally ^b " ^a S
split window/pane vertically ^b % ^a |
switch to other pane ^b o ^a <tab>
kill the current pane ^b x OR (logout/^D)
collapse the current pane/split (but leave processes running) ^a X
cycle location of panes ^b ^o
swap current pane with previous ^b {
swap current pane with next ^b }
show time ^b t
show numeric values of panes ^b q
toggle zoom-state of current pane (maximize/return current pane) ^b z
break the current pane out of its window (to form new window) ^b !
re-arrange current panels within same window (different layouts) ^b [space]
Kill the current window (and all panes within) ^b killw [target-window]
  • Criteo is an ad company. You may not have heard of them, but they do retargeting, the type of ads that pursue users across the web, beseeching them to purchase a product they once viewed or have already bought. To identify users across websites, Criteo relies on cross-site tracking using cookies and other methods to follow users as they browse. This has led them to try and circumvent the privacy features in Apple’s Safari browser which protects its users from such tracking. Despite this apparently antagonistic attitude towards user privacy, Criteo has also been whitelisted by the Acceptable Ads initiative. This means that their ads are unblocked by popular adblockers such as Adblock and Adblock Plus. Criteo pays Eyeo, the operator of Acceptable Ads, for this whitelisting and must comply with their format requirements. But this also means they can track any user of these adblockers who has not disabled Acceptable Ads, even if they have installed privacy tools such as EasyPrivacy with the intention of protecting themselves. EFF is concerned about Criteo’s continued anti-privacy actions and their continued inclusion in Acceptable Ads.

    Safari Shuts out Third Party Cookies…

    All popular browsers give users control over who gets to set cookies, but Safari is the only one that blocks third-party cookies (those set by a domain other than the site you are visiting) by default. (Safari’s choice is important because only 5-10% of users ever change default settings in software.) Criteo relies on third-party cookies. Since users have little reason to visit Criteo’s own website, the company gets its cookies onto users’ machines through its integration on many online retail websites. Safari’s cookie blocking is a major problem for Criteo, especially given the large and lucrative nature of iPhone’s user base. Rather than accept this, Criteo has repeatedly implemented ways to defeat Safari’s privacy protections.

    One workaround researchers detected Criteo using was to redirect users from sites where their service was present to their own. For example, if you visited wintercoats.com and clicked on a product category, you would be first diverted to criteo.com and then redirected to wintercoats.com/down-filled. Although imperceptible to the user, this detour was enough to persuade the browser that criteo.com is a site you chose to visit, and therefore a first party entitled to set a cookie rather than a third party. Criteo applied for a patent on this method in August 2013.

    …And Closes the Backdoor

    Last summer, however, Apple unveiled a new version of Safari with more sophisticated cookie handling—called Intelligent Tracking Prevention (ITP)—which killed off the redirect technique as a means to circumvent the cookie controls. The browser now analyzes if the user has engaged with a website in a meaningful way before allowing it to set a cookie. The announcement triggered panic among advertising companies, whose trade association, the Interactive Advertising Bureau, denounced the feature and rushed out technical recommendations to work around it. Obviously the level of user “interaction” with Criteo during the redirect described above fails ITP’s test, which meant Criteo was locked out again.

    It appears that Criteo’s response was to abandon cookies for Safari users and to generate a persistent identifier by piggybacking on a key user safety technology called HSTS. When a browser connects to a site via HTTPS (i.e. a site that supports encryption), the site can respond with an HTTP Strict Transport Security policy (HSTS), instructing the browser to only contact it using HTTPS. Without a HSTS policy, your browser might try to connect to the site over regular old unencrypted HTTP in the future—and thus be vulnerable to a downgrade attack. Criteo used HSTS to sneak data into the browser cache to produce an identifier it could use to recognize the individual’s browser and profile them. This approach relied on the fact that it is difficult to clear HSTS data in Safari, requiring the user to purge the cache entirely to delete the identifier. For EFF, it is especially worrisome that Criteo used a technique that pits privacy protection against user security interests by targeting HSTS. Use of this mechanism was documented by Gotham City Research, an investment firm who have bet against Criteo’s stock.

    In early December, Apple released an update to iOS and Safari which disabled Criteo’s ability to exploit HSTS. This led to Criteo revising down their revenue forecasts and a sharp fall in their share price.

    How is Criteo Acceptable Advertising”****?

    "… w__e sort of seek the consent of users, just like we had done before_."__1_ - Erich Eichmann, CEO Criteo

    _"Only users who don’t already have a Criteo identifier will see the header or footer, and it is displayed only once per device. Thanks to [the?] Criteo advertisers network, most of your users would have already accepted our services on the website of another of our partner. On average, only 5% of your users will see the headers or footers, and for those who do, the typical opt-out rate is less than .2%._" - Criteo Support Center

    Criteo styles itself as a leader in privacy practices, yet they have dedicated significant engineering resources to circumventing privacy tools. They claim to have obtained user consent to tracking based on a minimal warning delivered in what we believe to be a highly confusing context. When a user first visits a site containing Criteo’s script, they received a small notice stating, _"_Click any link to use Criteo’s cross-site tracking technology." If the user continues to use the site, they are deemed to have consented. Little wonder that Criteo can boast of a low opt-out rate to their clients.

    Due to their observed behaviour prior to the ITP episode, Criteo’s incorporation into the Acceptable Ads in December 2015 aroused criticism among users of ad blockers. We have written elsewhere about how Acceptable Ads creates a clash of interests between adblocking companies and their users, especially those concerned with their privacy. But Criteo’s participation in Acceptable Ads brings into focus the substantive problem with the program itself. The criteria for Acceptable Ads are concerned chiefly with format and aesthetic aspects (e.g. How big is the ad? How visually intrusive? Does it blink?) and excludes privacy concerns. Retargeting is unpopular and mocked by users, in part because it wears its creepy tracking practices on its sleeve. Our view is that Criteo’s bad behavior should exclude its products from being deemed “acceptable” in any way.

    The fact that the Acceptable Ads Initiative has approved Criteo’s user-tracking-by-misusing-security-features ads is indicative of the privacy problems we believe to be at the heart of the Acceptable Ads program. In March this year, Eyeo announced an Acceptable Ads Committee that will control the criteria for Acceptable Ads in the future. The Committee should start by instituting a rule which excludes companies that circumvent explicit privacy tools or exploit user security technologies for the purpose of tracking.

    1. http://criteo.investorroom.com/download/Transcript_Q3+2017+Earnings_EDITED.pdf

    https://www.eff.org/deeplinks/2017/12/arms-race-against-trackers-safari-leads-criteo-30

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  • Have you ever sent a motivational text to a friend? If you have, perhaps you tailored your message to an activity or location by saying “Good luck in the race!” or “Have fun in New York!” Now, imagine doing this automatically with a compuuuter. What a great invention. Actually, no. That’s not a good invention, it’s our latest Stupid Patent of the Month.

    U.S. Patent No. 9,069,648 is titled “Systems and methods for delivering activity based suggestive (ABS) messages.” The patent describes sending “motivational messages,” based “on the current or anticipated activity of the user,” to a “personal electronic device.” The patent provides examples such as sending the message “don’t give up” when the user is running up a hill. The examples aren’t limited to health or exercise. For example, the patent suggests sending messages like “do not fear” and “God is with you” when a “user enters a dangerous neighborhood.”

    The patent’s description of its invention is filled with silly, non-standard acronyms like ABS for “activity based suggestive” messages or EBIF for “electronic based intelligence function.” These silly acronyms create an illusion of complexity where plain, descriptive language would reveal the mundane nature of the supposed invention. For example, what the patent grandly calls EBIF appears to be nothing more than standard computer processing.

    The ’648 patent is owned by Motivational Health Messaging LLC. While this may be a new company, at least one of the people behind it has been involved in massive patent trolling campaigns before. And the two named inventors have both been inventors on patents that trolls have asserted hundreds of times. One is also an inventor listed on patents asserted by infamous patent troll Shipping and Transit LLC. The other named inventor is the inventor on the patents asserted by Electronic Communication Technologies LLC. Those two entities (with their predecessors) brought over 700 lawsuits, many against very small businesses. In other words, the ’648 patent has been issued to Troll Co. at 1 Troll Street, Troll Town, Trollida USA.

    We believe that the claims of the ’648 patent are clearly invalid under the Supreme Court’s decision in Alice v. CLS Bank, which held abstract ideas do not become eligible for a patent merely because they are implemented in conventional computer technology. Indeed, the patent repeatedly emphasizes that the claimed methods are not tied to any particular hardware or software. For example, it states:

    The software and software logic described in this document … which comprises an ordered listing of executable instructions for implementing logical functions, can be embodied in any non-transitory computer-readable medium for use by or in connection with an instruction execution system, apparatus, or device, such as a computer-based system, processor-containing system, or other system that can fetch the instructions from the instruction execution system, apparatus, or device and execute the instructions.

    The ’648 patent issued on June 30, 2015, a full year after the Supreme Court’s Alice ruling. Despite this, the patent examiner never even discussed the decision. If Alice is to mean anything at all, it has to be applied to an application like this one.

    In our view, if Motivational Health Messaging asserts its patent in court, any defendant that fought back should prevail under Alice. Indeed, we would hope that the court would strongly consider awarding attorney’s fees to the defendant in such a case. Shipping & Transit has now had two fee awards made against it for asserting patents that are clearly invalid under Alice. And the Federal Circuit recently held that fee awards can be appropriate when patent owners make objectively unreasonable argument concerning Alice.

    In addition to the problems under Alice, we believe the claims of the ’648 patent should have been rejected as obvious. When the application was filed in 2012, there was nothing new about sending motivational messages or automatically tailoring messages to things like location. In one proposed embodiment, the patent suggests that a “user walking to a hole may be delivered ABS messages, including reminders or instructions on how to play a particular hole.” But golf apps were already doing this. The Patent Office didn’t consider any real-world mobile phone applications when reviewing the application.

    If you want to look for prior art yourself, Unified Patents is running a crowdsourcing contest to find the best prior art to invalidate the ’648 patent. Aside from the warm feelings that come from fighting patent trolls, there is a $2000 prize pool.

    Despite the weakness of its patent, Motivational Health Messaging LLC might still send out demand letters. If you receive such a letter, you can contact EFF and we can help you find counsel.

    We have long complained that the Patent Office promotes patent trolling by granting obvious and/or abstract software patents. The history of the ’648 patent shows how the Patent Office’s failure to properly review applications leads to bad patents falling into the hands of trolls.

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