Businesses

Linking Is Not Copyright Infringement, Boing Boing and EFF Tell Court (torrentfreak.com) 72

An anonymous reader shares a report: The popular blog Boing Boing has asked a federal court in California to drop the copyright infringement lawsuit filed against it by Playboy. With help from the EFF, Boing Boing argues that its article linking to an archive of hundreds of centerfold playmates is clearly fair use. Or else it will be "the end of the web as we know it," the blog warns. Late last year Playboy sued the popular blog Boing Boing for publishing an article that linked to an archive of every playmate centerfold till then. "Kind of amazing to see how our standards of hotness, and the art of commercial erotic photography, have changed over time," Boing Boing's Xena Jardin commented. Playboy, instead, was amazed that infringing copies of their work were being shared in public. While Boing Boing didn't upload or store the images in question, the publisher took the case to court.
Businesses

Instant Messaging Company Snap Threatens Jail Time for Leakers (cheddar.com) 90

An anonymous reader shares a report: Snap has a simple message to its employees: leak information and you could be sued or even jailed. The chief lawyer and general counsel of Snapchat's parent company, Michael O'Sullivan, sent a threatening memo to all employees last week just before The Daily Beast published an explosive story with confidential user metrics about how certain Snapchat features are used. "We have a zero-tolerance policy for those who leak Snap Inc. confidential information," O'Sullivan said in the memo, a copy of which was obtained by Cheddar. "This applies to outright leaks and any informal 'off the record' conversations with reporters, as well as any confidential information you let slip to people who are not authorized to know that information."
Privacy

Amazon Won't Say If It Hands Your Echo Data To the Government (zdnet.com) 105

Zack Whittaker reports via ZDNet of how Amazon still won't say whether or not it hands your Echo data to the government -- three years after the Echo was first released. From the report: Amazon has a transparency problem. Three years ago, the retail giant became the last major tech company to reveal how many subpoenas, search warrants, and court orders it received for customer data in a half-year period. While every other tech giant had regularly published its government request figures for years, spurred on by accusations of participation in government surveillance, Amazon had been largely forgotten. Eventually, people noticed and Amazon acquiesced. Since then, Amazon's business has expanded. By its quarterly revenue, it's no longer a retail company -- it's a cloud giant and a device maker. The company's flagship Echo, an "always listening" speaker, collects vast amounts of customer data that's openly up for grabs by the government. But Amazon's bi-annual transparency figures don't want you to know that. In fact, Amazon has been downright deceptive in how it presents the data, obfuscating the figures in its short, but contextless, twice-yearly reports. Not only does Amazon offer the barest minimum of information possible, the company has -- and continues -- to deliberately mislead its customers by actively refusing to clarify how many customers, and which customers, are affected by the data demands it receives.
The Internet

Lawsuit Filed By 22 State Attorneys General Seeks To Block Net Neutrality Repeal (techcrunch.com) 353

An anonymous reader quotes a report from TechCrunch: A lawsuit filed today by the attorneys general of 22 states seeks to block the Federal Communications Commission's recent controversial vote to repeal Obama era Net Neutrality regulations. The filing is led by New York State Attorney General Schneiderman, who called rollback a potential "disaster for New York consumers and businesses, and for everyone who cares about a free and open internet." The letter, which was filed in the United States District Court of Appeals in Washington, is cosigned by AGs from California, Connecticut, Delaware, Hawaii, Illinois, Iowa, Kentucky, Maine, Maryland, Massachusetts, Minnesota, Mississippi, New Mexico, North Carolina, Oregon, Pennsylvania, Rhode Island, Vermont, Virginia, Washington and Washington DC.

"An open internet -- and the free exchange of ideas it allows -- is critical to our democratic process," Schneiderman added in an accompanying statement. "The repeal of net neutrality would turn internet service providers into gatekeepers -- allowing them to put profits over consumers while controlling what we see, what we do, and what we say online."

Transportation

Uber Says UK Drivers Will Take Mandatory Breaks (cnet.com) 37

Uber is introducing a new policy on drivers' hours across the UK next week, which it says will help to increase safety for drivers and passengers. From a report: Drivers for the ride-hailing service will have to take a continuous six-hour break after the time spent on trips with passengers and on their way to pickups reaches 10 hours. The company announced the decision Tuesday, saying it believes this move is an industry first in the UK. The company has been criticized in the past over its handling of workers' rights and has faced resistance in the UK. Uber lost its license to operate in London in September. In October, a London court ruled that its drivers should be classified as employees instead of as contractors
The Almighty Buck

Canadian Charged With Running LeakedSource.com, Selling Stolen Info (reuters.com) 27

A Canadian man accused of operating the LeakedSource.com website, a major repository of stolen online credentials, has been arrested and charged with trafficking in billions of stolen personal identity records, the Royal Canadian Mounted Police (RCMP) said on Monday. From a report: The site, which was shut down in early 2017, had collected details from a string of major breaches and made them accessible and searchable for a fee. The man, 27-year-old Jordan Evan Bloom, is due to appear in a Toronto court on Monday to hear charges that as administrator of the site he collected some C$247,000 from the sale of stolen records and associated passwords.
Crime

Kansas 'Swat' Perpetrator Charged; Faces 11 More Years in Prison (latimes.com) 420

Jail time looms for 25-year-old Tyler Barriss, whose fake call to Kansas police led to a fatal shooting:
  • Barriss was charged with involuntary manslaughter, and if convicted "could face up to 11 years and three months in prison." He was also charged with making a false alarm, which is considered a felony. The District Attorney adds that others have also been identified as "potential suspects" in the case, but they're still deciding whether to charge them.
  • Friday Barriss gave his first interview to a local news outlet -- from jail. "Of course, you know, I feel a little of remorse for what happened," he tells KWCH. "I never intended for anyone to get shot and killed. I don't think during any attempted swatting anyone's intentions are for someone to get shot and killed..."

    Asked about the call, Barriss acknowledged that "It hasn't just affected my life, it's affected someone's family too. Someone lost their life. I understand the magnitude of what happened. It's not just affecting me because I'm sitting in jail. I know who it has affected. I understand all of that."
  • Barriss has also been charged in Calgary with public mischief, fraud and mischief for another false phone call, police said, though it's unlikely he'll ever be arrested unless he enters the country. Just six days before the fatal shooting, Barriss had made a nearly identical call to police officers in Canada, this time supplying the address of a well-known video gamer who livestreams on Twitch, and according to one eyewitness more than 20 police cars surrounded her apartment building for at least half an hour.

The Courts

US Supreme Court Will Revisit Ruling On Collecting Internet Sales Tax (theverge.com) 178

An anonymous reader quotes a report from Bloomberg: The U.S. Supreme Court will consider freeing state and local governments to collect billions of dollars in sales taxes from online retailers, agreeing to revisit a 26-year-old ruling that has made much of the internet a tax-free zone. Heeding calls from traditional retailers and dozens of states, the justices said they'll hear South Dakota's contention that the 1992 ruling is obsolete in the e-commerce era and should be overturned. State and local governments could have collected up to $13 billion more in 2017 if they'd been allowed to require sales tax payments from online merchants and other remote sellers, according to a report from the Government Accountability Office, Congress's non-partisan audit and research agency. Other estimates are even higher. All but five states impose sales taxes.

The high court's 1992 Quill v. North Dakota ruling, which involved a mail-order company, said retailers can be forced to collect taxes only in states where the company has a "physical presence." The court invoked the so-called dormant commerce clause, a judge-created legal doctrine that bars states from interfering with interstate commerce unless authorized by Congress. South Dakota passed its law in 2016 with an eye toward overturning the Quill decision. It requires retailers with more than $100,000 in annual sales in the state to pay a 4.5 percent tax on purchases. Soon after enacting the law, the state filed suit and asked the courts to declare the measure constitutional.

Patents

TiVo Sues Comcast Again, Alleging Operator's X1 Infringes Eight Patents (variety.com) 57

TiVo's Rovi subsidiary on Wednesday filed two lawsuits in federal district courts, alleging Comcast's X1 platform infringes eight TiVo-owned patents. "That includes technology covering pausing and resuming shows on different devices; restarting live programming in progress; certain advanced DVR recording features; and advanced search and voice functionality," reports Variety. From the report: A Comcast spokeswoman said the company will "aggressively defend" itself. "Comcast engineers independently created our X1 products and services, and through its litigation campaign against Comcast, Rovi seeks to charge Comcast and its customers for technology Rovi didn't create," the Comcast rep said in a statement. "Rovi's attempt to extract these unfounded payments for its aging and increasingly obsolete patent portfolio has failed to date."

TiVo's legal action comes after entertainment-tech vendor Rovi (which acquired the DVR company in 2016 and adopted the TiVo name) sued Comcast and its set-top suppliers in April 2016, alleging infringement of 14 patents. In November 2017, the U.S. International Trade Commission ruled that Comcast infringed two Rovi patents -- with the cable operator prevailing on most of the patents at issue. However, because one of the TiVo patents Comcast was found to have violated covered cloud-based DVR functions, the cable operator disabled that feature for X1 customers. Comcast is appealing the ITC ruling.

Crime

Apple Health Data Is Being Used As Evidence In a Rape and Murder Investigation (vice.com) 185

An anonymous reader quotes a report from Motherboard: Hussein K., an Afghan refugee in Freiburg, has been on trial since September for allegedly raping and murdering a student in Freiburg, and disposing of her body in a river. But many of the details of the trial have been hazy -- no one can agree on his real age, and most notably, there's a mysterious chunk of time missing from the geodata and surveillance video analysis of his whereabouts at the time of the crime. He refused to give authorities the passcode to his iPhone, but investigators hired a Munich company (which one is not publicly known) to gain access to his device, according to German news outlet Welt. They searched through Apple's Health app, which was added to all iPhones with the release of iOS 8 in 2014, and were able to gain more data about what he was doing that day. The app records how many steps he took and what kind of activity he was doing throughout that day. The app recorded a portion of his activity as "climbing stairs," which authorities were able to correlate with the time he would have dragged his victim down the river embankment, and then climbed back up. Freiburg police sent an investigator to the scene to replicate his movements, and sure enough, his Health app activity correlated with what was recorded on the defendant's phone.
Businesses

Uber Used Another Secret Software To Evade Police, Report Says (bloomberg.com) 226

schwit1 shares a Bloomberg report: In May 2015 about 10 investigators for the Quebec tax authority burst into Uber Technologies's office in Montreal. The authorities believed Uber had violated tax laws and had a warrant to collect evidence. Managers on-site knew what to do, say people with knowledge of the event. Like managers at Uber's hundreds of offices abroad, they'd been trained to page a number that alerted specially trained staff at company headquarters in San Francisco. When the call came in, staffers quickly remotely logged off every computer in the Montreal office, making it practically impossible for the authorities to retrieve the company records they'd obtained a warrant to collect. The investigators left without any evidence.

Most tech companies don't expect police to regularly raid their offices, but Uber isn't most companies. The ride-hailing startup's reputation for flouting local labor laws and taxi rules has made it a favorite target for law enforcement agencies around the world. That's where this remote system, called Ripley, comes in. From spring 2015 until late 2016, Uber routinely used Ripley to thwart police raids in foreign countries, say three people with knowledge of the system. Allusions to its nature can be found in a smattering of court filings, but its details, scope, and origin haven't been previously reported. The Uber HQ team overseeing Ripley could remotely change passwords and otherwise lock up data on company-owned smartphones, laptops, and desktops as well as shut down the devices. This routine was initially called the unexpected visitor protocol. Employees aware of its existence eventually took to calling it Ripley, after Sigourney Weaver's flamethrower-wielding hero in the Alien movies. The nickname was inspired by a Ripley line in Aliens, after the acid-blooded extraterrestrials easily best a squad of ground troops. 'Nuke the entire site from orbit. It's the only way to be sure.'

Electronic Frontier Foundation

Violating a Website's Terms of Service Is Not a Crime, Federal Court Rules (eff.org) 82

An anonymous reader quotes a report from the Electronic Frontier Foundation: Good news out of the Ninth Circuit: the federal court of appeals heeded EFF's advice and rejected an attempt by Oracle to hold a company criminally liable for accessing Oracle's website in a manner it didn't like. The court ruled back in 2012 that merely violating a website's terms of use is not a crime under the federal computer crime statute, the Computer Fraud and Abuse Act. But some companies, like Oracle, turned to state computer crime statutes -- in this case, California and Nevada -- to enforce their computer use preferences. This decision shores up the good precedent from 2012 and makes clear -- if it wasn't clear already -- that violating a corporate computer use policy is not a crime.
The Courts

NYC Sues Oil Companies Over Climate Change (theguardian.com) 433

An anonymous reader quotes a report from The Guardian: New York City is seeking to lead the assault on both climate change and the Trump administration with a plan to divest $5 billion from fossil fuels and sue the world's most powerful oil companies over their contribution to dangerous global warming. City officials have set a goal of divesting New York's $189 billion pension funds from fossil fuel companies within five years in what they say would be "among the most significant divestment efforts in the world to date." Currently, New York City's five pension funds have about $5 billion in fossil fuel investments. New York state has already announced it is exploring how to divest from fossil fuels. New York's Mayor, Bill de Blasio, said that the city is taking the five fossil fuel firms -- BP, Exxon Mobil, Chevron, ConocoPhillips and Shell -- to federal court due to their contribution to climate change.

Court documents state that New York has suffered from flooding and erosion due to climate change and because of looming future threats it is seeking to "shift the costs of protecting the city from climate change impacts back on to the companies that have done nearly all they could to create this existential threat." The court filing claims that just 100 fossil fuel producers are responsible for nearly two-thirds of all greenhouse gas emissions since the industrial revolution, with the five targeted companies the largest contributors. The case will also point to evidence that firms such as Exxon knew of the impact of climate change for decades, only to downplay and even deny this in public.

United States

North Carolina Congressional Map Ruled Unconstitutionally Gerrymandered (nytimes.com) 409

An anonymous reader shares a report: A panel of federal judges struck down North Carolina's congressional map on Tuesday, condemning it as unconstitutional because Republicans had drawn the map seeking a political advantage (Editor's note: the link may be paywalled; alternative source). The ruling was the first time that a federal court had blocked a congressional map because of a partisan gerrymander, and it instantly endangered Republican seats in the coming elections. Judge James A. Wynn Jr., in a biting 191-page opinion, said that Republicans in North Carolina's Legislature had been "motivated by invidious partisan intent" as they carried out their obligation in 2016 to divide the state into 13 congressional districts, 10 of which are held by Republicans. The result, Judge Wynn wrote, violated the 14th Amendment's guarantee of equal protection. The ruling and its chief demand -- that the Republican-dominated Legislature create a new landscape of congressional districts by Jan. 24 -- infused new turmoil into the political chaos that has in recent years enveloped North Carolina. President Trump carried North Carolina in 2016, but the state elected a Democrat as its governor on the same day and in 2008 supported President Barack Obama.
Privacy

Congress Is About To Vote On Expanding the Warrantless Surveillance of Americans (vice.com) 226

An anonymous reader quotes a report from Motherboard: On Tuesday afternoon, a handful of U.S. Representatives will convene to review an amendment that would reauthorize warrantless foreign surveillance and expand the law so that it could include American citizens. It would, in effect, legalize a surveillance practice abandoned by the NSA in 2017 in order to appease the Foreign Intelligence Surveillance Court, which found the NSA to have abused its collection capacity several times. If it passes Tuesday's review, the bill may be voted on by the U.S. House of Representatives as early as Thursday. Drafted by the House Intelligence Committee last December, the FISA Amendments Reauthorization Act of 2017 is an amendment to Section 702 of the Foreign Intelligence Surveillance Act (FISA). It is one of six different FISA-related bills under consideration by Congress at the moment, but by far the most damaging to the privacy rights of American citizens.

FISA was enacted in 1978, but Section 702, referred to by former FBI Director James Comey as the "crown jewels of the intelligence community," wasn't added until 2008. This section allows intelligence agencies to surveil any foreigner outside the U.S. without a warrant that the agency considers a target. The problem is that this often resulted in the warrantless surveillance of U.S. citizens as well due to two loopholes known as "backdoor searches" and "about collection." Backdoor search refers to a roundabout way of monitoring Americans' communications. Since intelligence agencies are able to designate any foreigner's communications as a target for surveillance, if this foreigner has communicated with an American this means this American's communications are then also considered fair game for surveillance by the agency.

AT&T

AT&T and Comcast Finalize Court Victory Over Nashville and Google Fiber (arstechnica.com) 122

"AT&T and Comcast have solidified a court victory over the metro government in Nashville, Tennessee, nullifying a rule that was meant to help Google Fiber compete against the incumbent broadband providers," reports Ars Technica. From the report: The case involved Nashville's "One Touch Make Ready" ordinance that was supposed to give Google Fiber and other new ISPs faster access to utility poles. The ordinance let a single company make all of the necessary wire adjustments on utility poles itself instead of having to wait for incumbent providers like AT&T and Comcast to send work crews to move their own wires. But AT&T and Comcast sued the metro government to eliminate the rule and won a preliminary victory in November when a U.S. District Court judge in Tennessee nullified the rule as it applies to poles owned by AT&T and other private parties.

The next step for AT&T and Comcast was overturning the rule as it applies to poles owned by the municipal Nashville Electric Service (NES), which owns around 80 percent of the Nashville poles. AT&T and Comcast achieved that on Friday with a new ruling from U.S. District Court Judge Aleta Trauger. Nashville's One Touch Make Ready ordinance "is ultra vires and void or voidable as to utility poles owned by Nashville Electric Service because adoption of the Ordinance exceeded Metro Nashville's authority and violated the Metro Charter," the ruling said. Nashville is "permanently enjoined from applying the Ordinance to utility poles owned by Nashville Electric Service." The Nashville government isn't planning to appeal the decision, a spokesperson for Nashville Mayor Megan Barry told Ars today.

Government

Snowden Joins Outcry Against World's Biggest Biometric Database (bloomberg.com) 36

Former U.S. intelligence-contractor-turned whistleblower Edward Snowden joined critics of India's digital ID program as the nation's top court is due to decide on its legality. From a report: Snowden on Tuesday tweeted in support of an Indian journalist who faces police charges after she reported that personal details of over a billion citizens enrolled in the program could be illegally accessed for just $8 paid through a digital wallet. Named Aadhaar, the program is backed by the world's biggest biometric database, which its operator Unique Identification Authority of India, or UIDAI, says wasn't breached. Snowden tweeted, "The journalists exposing the Aadhaar breach deserve an award, not an investigation. If the government were truly concerned for justice, they would be reforming the policies that destroyed the privacy of a billion Indians. Want to arrest those responsible? They are called @UIDAI."
Google

James Damore Sues Google For Allegedly Discriminating Against Conservative White Men (theverge.com) 1173

An anonymous reader shares a report: The author of the controversial memo that upended Google in August is suing the company, alleging that white, male conservatives are systematically discriminated against by Google. James Damore was fired as an engineer after a manifesto questioning the benefits of diversity programs was widely passed around the company. In a new lawsuit, he and another fired engineer claim that "employees who expressed views deviating from the majority view at Google on political subjects raised in the workplace and relevant to Google's employment policies and its business, such as 'diversity' hiring policies, 'bias sensitivity,' or 'social justice,' were/are singled out, mistreated, and systematically punished and terminated from Google, in violation of their legal rights."
Crime

Kansas 'Swat' Perpetrator Had Already Been To Prison For Fake Bomb Threats (go.com) 315

More details are emerging about an online gamer whose fake call to Kansas police led to a fatal shooting:
  • "After phoning in a false bomb threat to a Glendale, California TV station in 2015, Tyler Barriss threatened to kill his grandmother if she reported him, according to local reports and court documents." -- The Wichita Eagle
  • "The Glendale Police Department confirmed to ABC News that Tyler Barriss made about 20 calls to universities and media outlets throughout the country around the time he was arrested for a bomb threat to Los Angeles ABC station KABC in 2015... He was sentenced to two years and eight months in jail, court records show." -- ABC News
  • "Within months of his release in August, he had already become the target of a Los Angeles Police Department investigation into similar hoax calls... LAPD detectives were planning to meet with federal prosecutors to discuss their investigation..." -- The Los Angeles Times
  • The Wichita Eagle reports that even after the police had fatally shot the person SWauTistic was pretending to be, he continued his phone call with the 911 operator for another 16 minutes -- on a call which lasted over half an hour.
  • Brian Krebs reports that police may have been aided in their investigation by another reformed SWAT perpetrator -- adding that SWauTistic privately claimed to have already called in fake emergencies at approximately 100 schools and 10 homes.

Just last month SWauTistic's Twitter account showed him bragging about a bomb threat which caused the evacuation of a Dallas convention center, according to the Daily Beast -- after which SWauTistic encouraged his Twitter followers to also follow him on a second account, "just in case twitter suspends me for being a god." Later the 25-year-old tweeted that "if you can't pull off a swat without getting busted you're not a leet hacking God its that simple."

Barriss remains in jail in Los Angeles with no bond, though within three weeks he's expected to be extradited to Kansas for his next trial.


Intel

Intel Hit With Three Class-Action Lawsuits Over Meltdown and Spectre Bugs (theguardian.com) 220

An anonymous reader quotes a report from The Guardian: Intel has been hit with at least three class-action lawsuits over the major processor vulnerabilities revealed this week. Three separate class-action lawsuits have been filed by plaintiffs in California, Oregon and Indiana seeking compensation, with more expected. All three cite the security vulnerability and Intel's delay in public disclosure from when it was first notified by researchers of the flaws in June. Intel said in a statement it "can confirm it is aware of the class actions but as these proceedings are ongoing, it would be inappropriate to comment." The plaintiffs also cite the alleged computer slowdown that will be caused by the fixes needed to address the security concerns, which Intel disputes is a major factor. "Contrary to some reports, any performance impacts are workload-dependent, and, for the average computer user, should not be significant and will be mitigated over time," Intel said in an earlier statement.

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