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US at Odds with Google on Computer Search-Warrant Proposal

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In this Feb. 12, 2015 file photo, FBI Director James Comey speaks at Georgetown University in Washington. The Justice Department is at odds with Google and privacy groups over the government’s push to make it easier to locate and hack into computers in criminal investigations.  (AP Photo/Cliff Owen, File)

In this Feb. 12, 2015 file photo, FBI Director James Comey speaks at Georgetown University in Washington. The Justice Department is at odds with Google and privacy groups over the government’s push to make it easier to locate and hack into computers in criminal investigations. (AP Photo/Cliff Owen, File)

ERIC TUCKER, Associated Press

WASHINGTON (AP) — A Justice Department proposal that could make locating and hacking into computers that are part of criminal investigations easier is raising constitutional concerns from privacy groups and Google, who fear the plan could have broad implications.

Federal prosecutors say their search warrant proposal is needed at a time when computer users are committing crimes in online anonymity while concealing their locations. But civil libertarians fear the rule change, under consideration by a federal advisory committee, would grant the government expansive new powers to reach into computers across the country.

The proposal would change existing rules of criminal procedure that, with limited exceptions, permit judges to approve warrants for property searches only in the districts where they serve. The government says those rules are outdated in an era when child pornographers, drug traffickers and others can mask their whereabouts on computer networks that offer anonymity. Such technology can impede or thwart efforts to pinpoint a suspect’s geographic location.

The Justice Department wants the rules changed so that judges in a district where “activities related to a crime” have occurred could approve warrants to search computers outside their districts. The government says that flexibility is needed for cases in which the government can’t figure out the location of a computer and needs a warrant to access it remotely, and for investigations involving botnets — networks of computers infected with a virus that spill across judicial districts.

“There is a substantial public interest in catching and prosecuting criminals who use anonymizing technologies, but locating them can be impossible for law enforcement absent the ability to conduct a remote search of the criminal’s computer,” Justice Department lawyers wrote in one memo explaining the need for the change.

The advisory committee considering the rule change is meeting this month.

The proposal has generated fierce pushback from privacy organizations, including the American Civil Liberties Union, which contend the rule change could violate a constitutional requirement that search warrant applications be specific about the property to be searched. They also argue the proposal is unclear about exactly what type of information could be accessed by the government and fails to guarantee the privacy of those not under investigation who might have had access to the same computer as the target, or of innocent people who may themselves be victims of a botnet.

“What procedural protections are going to be in place when you do these types of searches? How are they going to be limited?” asked Alan Butler, senior counsel at the Electronic Privacy Information Center.

Another critic, Google, says the proposal “raises a number of monumental and highly complex constitutional, legal and geopolitical concerns that should be left for Congress to decide.”

Privacy groups are also concerned that the proposal would lead to more frequent use by the FBI of surveillance technology that can be installed remotely on a computer to help pinpoint its location. Such tactics caught public attention last year when FBI Director James Comey acknowledged that in 2007 an agent posing as an Associated Press reporter had sent to a bomb-threat suspect a link to an article that, once opened, revealed to investigators the computer’s location and Internet address.

“To the extent that the government has been prevented from doing lots of these kinds of searches because they didn’t necessarily have a judge to go to, this rule change raises the risk that the government will start using these dubious techniques with more frequency,” said ACLU lawyer Nathan Freed Wessler.

The Justice Department says such concerns are unfounded. It says the proposal simply ensures that investigators have a judge to go to for a warrant in cases where they can’t find a computer, and that the proposal wouldn’t provide the government with new technological authorities that it doesn’t already have.

It’s hard to quantify the scope of the problem, though the Justice Department says their concerns are more than abstract.

In 2013, a magistrate judge in Texas rejected a request to search a computer that the government said was being used to commit bank fraud but whose location was unknown. Prosecutors sought authority to install software on the machine that would have extracted records and location information.

The judge, Stephen Smith, said he lacked the authority to approve the search for a computer “whose location could be anywhere on the planet” but said “there may well be a good reason to update the territorial limits of that rule in light of advancing computer search technology.”

The proposal is before a criminal procedure advisory committee of the Judicial Conference of the United States. If approved, it will then be forwarded to the Supreme Court and ultimately to Congress, which does not have to approve it but can block it. It would take effect in December 2016.

___

Follow Eric Tucker on Twitter at http://www.twitter.com/etuckerAP

Copyright 2015 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

California Black Media

U.S. DOT Awards California Nearly $150M for EV Charging and Fueling Infrastructure

The United States Department of Transportation has awarded $149.7 million to California to build its zero-emission vehicle charging and fueling infrastructure, Sen. Alex Padilla (D-Calif.) announced last week. “Decarbonizing the transportation and goods movement sectors is essential for fighting the climate crisis and protecting public health in communities along busy corridors,” said Padilla. The funding includes $100 million for medium and heavy-duty zero emissions vehicles. The funding is being managed by the Charging and Fueling Infrastructure Grant Program under the Federal Highway Administration (FHA).

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By Bo Tefu, California Black Media

The United States Department of Transportation has awarded $149.7 million to California to build its zero-emission vehicle charging and fueling infrastructure, Sen. Alex Padilla (D-Calif.) announced last week.

“Decarbonizing the transportation and goods movement sectors is essential for fighting the climate crisis and protecting public health in communities along busy corridors,” said Padilla.

The funding includes $100 million for medium and heavy-duty zero emissions vehicles. The funding is being managed by the Charging and Fueling Infrastructure Grant Program under the Federal Highway Administration (FHA).

The federal agency was created by the bipartisan infrastructure law to fund development projects. The state’s Department of Transportation will receive $102.4 million for its West Coast Truck Charging and Fueling Corridor Project. The charging and fueling stations will be developed for zero-emissions medium and heavy-duty vehicles along 2,500 miles of key freight corridors in California, Oregon, and Washington. The project aims to transport goods between major ports and freight centers and agricultural regions along the West Coast.

Several Democratic leaders urged U.S. Secretary of Transportation Pete Buttigieg to support the zero-emissions project. The Charging and Fueling Infrastructure Grant Program also aims to deploy electric vehicle charging and fueling infrastructure in publicly accessible locations to help underserved and disadvantaged communities.

“To successfully meet California’s critical climate goals, we need to scale up our charging and fueling infrastructure up and down the state through transformative projects like the West Coast Truck Charging and Fueling Corridor Project,” Padilla added.

Additional government agencies and organizations in California were awarded up to $15 million to invest in sustainable transportation infrastructure. They include the Fort Independence Indian Community, the Los Angeles County Metropolitan Transportation Authority, the San Francisco Bay Area Rapid Transit District, and the Shingle Springs Band of Miwok Indians.

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California Black Media

Nvidia Announces Partnership With California Black Media 

Nvidia, the tech leader in artificial intelligence and the third largest corporation in the world — valued at around $3.06 trillion – announced last week that it is partnering with California Black Media (CBM) to create a critical resource that will support Black-owned newspapers in the state.

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File photo.
File photo.

By Tanu Henry, California Black Media

Nvidia, the tech leader in artificial intelligence and the third largest corporation in the world — valued at around $3.06 trillion – announced last week that it is partnering with California Black Media (CBM) to create a critical resource that will support Black-owned newspapers in the state.

The same week, Nvidia, based in Santa Clara, also announced a partnership with the state that will train educators and students across California.

“The public-private collaboration supports the state’s goals in workforce training and economic development by giving universities, community colleges and adult education programs in California the resources to gain skills in generative AI,” the Nvidia statement read.

With CBM, Nvidia will “train alarge language model on nearly a century of journalism by Black journalists in the state.”

“We are excited to collaborate with NVIDIA to empower publishers in our sector,” said Regina Wilson, Executive Director of CBM. “This partnership places the Black Press at the forefront of journalism and technology, unlocking innovative opportunities that will drive the future of our industry.”

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Bay Area

WestCAT to Replace Old Diesel Buses with New Hydrogen Fuel Cell Buses

The Western Contra Costa Transit Authority (WestCAT) will receive $20,646,189 to buy hydrogen fuel cell buses to replace older diesel buses and expand its hydrogen fueling station and maintenance facilities, according to the transit agency.

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Photo credit: WestCAT.
Photo credit: WestCAT.

The Richmond Standard

The Western Contra Costa Transit Authority (WestCAT) will receive $20,646,189 to buy hydrogen fuel cell buses to replace older diesel buses and expand its hydrogen fueling station and maintenance facilities, according to the transit agency.

The grant is part of $1.5 billion in federal funding to support 117 projects that aim to improve public transportation in 47 states. Over the last three years, the Federal Transit Administration has sent nearly $5 billion to replace and modernize transit buses, building new technology with American workers. U.S. factories will produce more than 3,650 new buses.

As part of the $20.6M in funding it was awarded, WestCAT said it will provide workforce training to support its transition to an entirely zero-emission fleet.

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