SUV Bicycle Attack Prompts Manhattan Assemblywoman To Unveil Legislation To Help Police Get Cell Phone Locations In Emergencies

Wed. Jan. 27, 2021 |By Jenna DeAngelis – CBS New York|

A man terrorized by teen cyclists in Manhattan’s Flatiron District a month ago is frustrated there’s been little progress in his case, and now an assemblywoman is stepping in with an idea she’s sharing first with CBS2’s Jenna DeAngelis.

The terrifying experience when Max Torgovnick and his mother were inside their SUV under attack by young cyclists on Fifth Avenue on Dec. 29 is a moment he will never forget.  “I literally was fearing for my life, fearing for my safety, fearing for my mom’s life and her safety,” Torgovnick said. For the past month, Torgovnick has been speaking out, calling on the city for systemic change. CBS2 has also gone to the city several times for solutions.

Torgovnick reached out to Manhattan Assemblywoman Rebecca Seawright, who in response is unveiling legislation to help others in emergencies.  It would require cell phone companies to immediately respond to police requests for location information of someone in danger. “It’s passed in 27 other states, and it’s something that we need in New York to help law enforcement respond quickly so there’s no waiting time, so they can respond immediately, like in Max’s situation,” Seawright said.  It’s based on legislation named after Kelsey Smith, an 18-year-old from Kansas who was abducted and killed in 2007.

Her parents say after she went missing, it took their cell phone company several days to give investigators location data needed. Once they got it, her body was found within 45 minutes. Tragedy inspired the Kelsey Smith Act.

“This is a tool for law enforcement to use when somebody is in danger of serious bodily injury or death. That’s the only time it’s used,” father Greg Smith said.  “Just the location. No text messages, no pictures … Just where is the wireless device,” mother Missey Smith said. “The goal is to bring someone home.”

“Kelsey’s story is not the first time that a tragedy could have been prevented if cell phone companies had turned over their records to help find missing persons,” Seawright said. “Passing the Kelsey Smith Act will save lives.”

“We’ve had medical cases where somebody had a stroke or something and they’re unable to speak and they can call 911 but they can’t say anything, and the police are able to use the Kelsey Smith Act to locate that phone and get medical assistance to those people when they need it, so it’s not just a kidnapping type situation,” her parents said. “When we hear the stories of where it did work, I know she’s up in heaven saying go mom, go dad, get it done.”

They’re hoping it’s adopted in New York, as does Torgovnick who says a month after what happened to him, he’s finally seeing some action he’s been pushing for.  “Personally, I think I owe you some of the credit. The local news has not stopped following through on this, and I think that’s important. Especially you and Hazel Sanchez. I mean, you’ve been getting the city’s attention for me in a way that I may not have been able to get on my own,” he said.

He says since CBS2’s latest story last week, he heard from the district attorney’s office.

The NYPD tells us this is still under investigation. So far, one 17-year-old has been arrested.  Separately, Torgovnick is exploring an idea with City Councilmember Ben Kallos to find a way to use cell phone cameras in an emergency.

Read the full story here.

MeWe Gains New Members as Other Social Media Platforms Are Banned From App Stores

Saturday, Jan. 23, 2021 | By James Crowley – Newsweek |

(Hawk Note: This is a BOLO for new social media app increase in use.)

Social media platform MeWe has seen a massive increase in membership over the last few weeks as many people have vowed to leave “big tech” services like Facebook and Twitter.

In an email to Newsweek, a representative for MeWe said that the app gained 2.5 million new members in the week leading up to January 20. The rep added that MeWe’s current membership stands at 16 million, which is double the app’s membership in June 2020, when the company celebrated reaching 8 million members.

MeWe Marketing Director David Westreich summed up the app’s appeal, as he sees it, in his email. “People all over the world are leaving Facebook and Twitter in droves because they are fed up with the relentless privacy violations, surveillance capitalism, political bias, targeting, and newsfeed manipulation by these companies. MeWe solves these problems,” he wrote. “MeWe is the new mainstream social network with all the features people love and no ads, no targeting, no newsfeed manipulation, and no BS.”

In the wake of the riots at the U.S. Capitol on January 6, various tech services took action against platforms like Parler and users deemed dangerous on sites like Facebook and Twitter. Parler was removed from the App Store, and various accounts, including former President Donald Trump, were suspended from sites like Twitter. This led to an exodus by users to platforms like Gab and MeWe.

Some of MeWe’s competitors, including Gab and Parler, are not currently available on distribution platforms like the Apple App Store or the Google Play store. Parler had been removed from the App Store in the days following rioters storming the U.S. Capitol for not moderating potentially harmful content. It was removed from Google Play for similar reasons.

Gab was removed from Google Play in 2017 for violating rules about hate speech, and Apple rejected it from the App Store that same year. On its website, Gab states: “Gab is banned from the Google Play Store and Apple App Store for refusing to censor speech for Google and Apple, but you can still install our Android app on your phone.” It then gives instructions on how to add Gab for both Android and iOS devices.

Unlike these rivals, MeWe’s app is readily available in app stores and ranked as one of the top free apps on Google Play.

MeWe insists it isn’t an “anything goes” platform, noting that “haters, lawbreakers, violence inciters etc. are not welcome,” and that a Trust and Safety team would enforce terms of service. Another tweet said that MeWe was alerting authorities to any illegal activity discussed on its platform.

Westreich sent a similar response to Newsweek when asked why the app hasn’t been banned like some of its competitors, and said that the company communicates with major tech organizations like Google and Apple for positive results. “MeWe has a strong Terms of Service and an outstanding Trust and Safety Team that works hard…to proactively investigate and remove all TOS-violators,” he wrote. “MeWe is unlike ‘anything goes’ sites and apps. MeWe’s relationships with Apple, Google, and AWS are good, and we have been in touch to ensure that MeWe meets their moderation guidelines.”

Gab accused MeWe of being “Big Tech lite,” sharing an article by a website called Reclaim the Net that raised questions about MeWe’s place as a “free speech platform.” In a tweet with a screenshot of MeWe’s “anything goes” tweet, Gab defied MeWe and said that it had “No threats. No illegal activity. No Porn,” and accused its competitor of “cav[ing] to Apple and Google in order to stay on the app stores.”

Westreich detailed different methods that MeWe employs to monitor users, including allowing users to block and report people, a search that doesn’t allow members to search for anything illegal or terms of service violation, and a three-strike policy called “MeWe Jail,” where people are unable to access their account for a certain period of time with their first two strikes and then banned on their third. There are still some exceptions. “Egregious violators are removed from MeWe outright,” the description of MeWe Jail states.

The company can also take further action on more alarming content. “Illegal activity can also be reported to law enforcement at MeWe’s discretion, and law enforcement can follow procedures in our terms to request information from us,” Westreich wrote.

Three services that the company had partnered with were listed “to stop known bad actors at the door and find them if they’ve gotten inside.” He also said that MeWe is stepping up to make sure that it can keep on top of the new users. “Due to recent rapid membership growth, the company is currently expanding its Trust and Safety Team and adding new tools to help moderators find and remove TOS-violators,” he wrote.

Newsweek attempted to reach out to Gab via its support email, but did not receive a response in time for publication.

Read the full story here.

Verizon delaying shutdown of its 3G wireless network

Thursday, Jan. 7, 2021 | By Clare Duffy – CNN Business |

New York (CNN Business) – Consumers using a phone that still runs on the Verizon 3G network have a bit more time to continue using the network.

The company’s 3G network is still up and running — after Verizon previously said the old network would shut down at the end of 2020 — as it continues to shift customers to newer technology, including 4G LTE and its growing 5G network.

“For several years now we’ve publicly stated that our 3G CDMA network is being decommissioned, however our 3G network presently remains operational,” Verizon spokesperson Kevin King said in an emailed statement.

“Virtually all Verizon data traffic runs on our 4G LTE network, and as we actively work to decommission the 3G network we encourage customers still using 3G service to migrate to newer technology.”

Verizon (VZ) has talked about decommissioning 3G for years — the 2012 release of the iPhone 5 resulted in a big shift of customers from 3G to the then-new 4G network. The process of winding down 3G began in 2014, when Verizon started reallocating spectrum to its 4G LTE network. At the time, analysts predicted 3G would be gone by 2018.

The carrier’s 3G shutdown was delayed once before. Verizon initially planned to switch the network off at the end of 2019, but that year it told Light Reading that it would wait until the end of 2020. There’s no new date for when 3G will officially shut down, though Verizon says it is working to decommission the old network as soon as possible “while continuing to care for our customers.”

Verizon stopped activating new 3G devices in 2018. Last year, it added other limitations around 3G service, including no longer allowing customers to activate their own 3G device on an existing line and not supporting 3G devices roaming outside the United States. In 2021, Verizon says it will no longer support certain types of troubleshooting for 3G devices.

The company declined to disclose how many customers still rely on its 3G network.

Verizon’s decision to delay its 3G shutdown probably has less to do with mobile phone customers still using the network — which are likely few in number — and more to do with “internet of things” devices, such as smart utility meters and home burglar alarms that are still connected to 3G and require more time and money to swap out, said Bill Menezes, director analyst at tech research firm Gartner.

Still, Menezes said, “to the extent that you might be a consumer that has an old prepaid phone that still relies on 3G, it’s probably a good idea to be aware that this is going to happen at some point and to start making plans to move to 4G. [Otherwise] it’s going to get harder and harder to make a voice call.”

In 2020, 3G users comprised just over 6.3% of total mobile connections in the United States, while 4G and 5G represented around 88% and 3%, respectively, according to network operator trade group GSMA Intelligence. In 2021, 3G is expected to shrink to 5.7% of total mobile connections, while 5G connections are expected to grow to around 14.5%. (This data includes mobile phone and data-only device connections, such as tablets, but excludes the kind of cellular IoT connections Menezes mentioned.)

Transitioning to new wireless technology

Verizon, like other carriers, is eager to move customers onto the newer network after spending years and billions of dollars building out 5G.

Running three different network technologies — 3G, 4G and 5G — is costly and inefficient at a time when carriers want to dedicate their resources to expanding 5G and the ecosystem of tools and capabilities that make use of the new network technology.

“Obviously the sooner they can move off of 3G and repurpose that spectrum for 5G, the happier they’ll be,” Menezes said.

In 2020, total spending on 3G wireless infrastructure in North America topped $435 million, compared to nearly $3.7 billion and $1.8 billion on 4G LTE and 5G infrastructure, respectively, according to December forecasts from Gartner. In 2021, Gartner estimates $246 million will be spent on 3G infrastructure, versus nearly $2.8 billion on 4G LTE and $3.3 billion on 5G.

Throughout the past year, Verizon continued to expand access to its superfast wideband 5G network, and in October the company announced that it had activated its nationwide, low-band 5G network.

Apple’s October release of the iPhone 12, the first 5G-enabled iPhone, is widely expected to help boost adoption of the new network technology, though consumer uses of 5G remain fairly limited at this point.

Read the full story here.

ACLU, EFF, and Tarver Law Offices Urge Supreme Court to Protect Against Forced Disclosure of Phone Passwords to Law Enforcement

Does the Fifth Amendment Protect You from Revealing Your Passwords to Police?

The American Civil Liberties Union (ACLU) and the Electronic Frontier Foundation (EFF), along with New Jersey-based Tarver Law Offices, are urging the U.S. Supreme Court to ensure the Fifth Amendment protection against self-incrimination extends to the digital age by prohibiting law enforcement from forcing individuals to disclose their phone and computer passcodes.

“The Fifth Amendment protects us from being forced to give police a combination to a wall safe. That same protection should extend to our phone and computer passwords, which can give access to far more sensitive information than any wall safe could,” said Jennifer Granick, ACLU surveillance and cybersecurity counsel. “The Supreme Court should take this case to ensure our constitutional rights survive in the digital age.”

In a petition filed Thursday and first reported by The Wall Street Journal, the ACLU and EFF are asking the U.S. Supreme Court to hear Andrews v. New Jersey. In this case, a prosecutor obtained a court order requiring Mr. Robert Andrews to disclose passwords to two cell phones. Mr. Andrews fought the order, citing his Fifth Amendment privilege. Ultimately, the New Jersey State Supreme Court held that the privilege did not apply to the disclosure or use of the passwords.

“There are few things in constitutional law more sacred than the Fifth Amendment privilege against self-incrimination,” said Mr. Andrews’ attorney, Robert L. Tarver, Jr. “Up to now, our thoughts and the content of our minds have been protected from government intrusion. The recent decision of the New Jersey Supreme Court highlights the need for the Supreme Court to solidify those protections.”

The U.S. Supreme Court has long held, consistent with the Fifth Amendment, that the government cannot compel a person to respond to a question when the answer could be incriminating. Lower courts, however, have disagreed on the scope of the right to remain silent when the government demands that a person disclose or enter phone and computer passwords. This confusing patchwork of rulings has resulted in Fifth Amendment rights depending on where one lives, and in some cases, whether state or federal authorities are the ones demanding the password.

“The Constitution is clear: no one ‘shall be compelled in any criminal case to be a witness against himself,’” said EFF Senior Staff Attorney Andrew Crocker. “When law enforcement requires you to reveal your passcodes, they force you to be a witness in your own criminal prosecution. The Supreme Court should take this case to settle this critical question about digital privacy and self-incrimination.”

For the full petition: https://www.eff.org/document/petition-writ-certiorari-andrews-v-new-jersey

Read the original article at WebWire.com HERE.

Verizon CEO makes the case that 5G is more than just faster phones

By Roger Cheng | Jan. 11, 2021 |

From drones to 3D renderings of museum exhibits, Hans Vestberg rattles off a list of ways 5G will change your life.

The advent of 5G was supposed to change, well, everything. But aside from tons of commercials and smartphones with a faster wireless connection — and, at times, not even that — the next-generation cellular technology has been a non-factor for most people. Verizon CEO Hans Vestberg showed up to this year’s CES with a few real-world examples of how 5G will have an impact.

“It’s more than just another tech innovation,” he said at his CES 2021 keynote address on Monday. “It’s a platform that makes other innovations possible.”

Vestberg’s session is a follow-up from his appearance two years ago, when he first introduced the eight “currencies,” or the company’s jargon for 5G applications. On Monday, he ran through programs in areas like sports, education and drone deliveries that emerged from the concepts laid out in 2019.

The Verizon keynote comes at a pivotal and unconventional time for 5G. The wireless industry should be crowing about the breadth of devices and wide rollout of the network, but the coronavirus lockdown has most people at home — using Wi-Fi — and few able to take advantage of the fastest connections found in city centers. The inconsistent speeds available on 5G nationwide networks, meanwhile, have some consumers wondering what the fuss is all about.

Vestberg made the case that even as the pandemic caused many things to shut down or freeze, the work around deploying 5G and taking advantage of its higher speed and responsiveness continued through 2020. He also said these networks will be ready to serve when some sense of normalcy returns and people head back into city centers and sports arenas…

Continue reading at CNET.com HERE.