Cellphones

Police Can Obtain Cellphone Location Records Without a Warrant 125

Posted by Soulskill
from the your-data-is-our-data dept.
mi writes: A new ruling from the 11th Circuit Court of Appeals found by a margin of 9-2 that law enforcement does not need to get a warrant to grab your cell phone's location records. The justices ruled that there is no expectation of privacy for your location when you're using a cell phone. This decision (PDF) was based on a case in which a man was convicted of robbery after months of location data was given to authorities by his cell phone carrier, MetroPCS. Police got the information using a court order, rather than a warrant, because there were less stringent requirements involved. One of the judges wrote: "We find no reason to conclude that cellphone users lack facts about the functions of cell towers or about telephone providers' recording cell tower usage."
Businesses

Appeals Judge Calls Prenda an "Ingenious Crooked Extortionate Operation" 60

Posted by timothy
from the bad-actor-seems-a-fair-description dept.
ktetch-pirate ("pirate politician" Andrew Norton) writes with this news from his blog: [Monday] was the long-awaited appeals court hearing in the ongoing Prenda copyright troll saga. Almost exactly two years after Judge Otis Wright went sci-fi on Prenda and its principles, the 9th Circuit Court of Appeals held an appeals hearing requested by Prenda on the sanctions, and it was not a pretty day for Prenda. Highlights included Senior Judge Pregerson calling Prenda's operation an "Ingenious Crooked Extortionate Operation" after describing in detail how they operate.

Prenda also astonished the judges by welcoming the idea of a criminal contempt hearing, which Legal blog Popehat thinks is likely to happen, on top of the sanctions being sustained.
Windows

Single Verizon IP Address Used For Hundreds of Windows 7 Activations 295

Posted by samzenpus
from the you-might-want-to-tone-it-down-a-little dept.
An anonymous reader writes with this story from TorrentFreak: A presumed pirate with an unusually large appetite for activating Windows 7 has incurred the wrath of Microsoft. In a lawsuit filed [in] a Washington court, Microsoft said that it logged hundreds of suspicious product activations from a single Verizon IP address and is now seeking damages. ... Who he, she or they are behind address 74.111.202.30 is unknown at this point, but according to Microsoft they're responsible for some serious Windows pirating. "As part of its cyberforensic methods, Microsoft analyzes product key activation data voluntarily provided by users when they activate Microsoft software, including the IP address from which a given product key is activated," the lawsuit reads. The company says that its forensic tools allow the company to analyze billions of activations of software and identify patterns "that make it more likely than not" that an IP address associated with activations is one through which pirated software is being activated.
China

Uber Office Raided By Police In China, Accused of Running 'Illegal' Car Business 174

Posted by timothy
from the didn't-ask-enough-permission dept.
albert555 writes: Uber's curse keeps on striking after Uber's office in the southern Chinese city of Guangzhou was raided by authorities on the 30th of April 2015. Uber is accused of running an 'illegal' transport service, according to the Guangzhou Daily. Uber has been implanted in China since August 2013 and is suspected of not having the proper qualifications to run a private car business in the city. Following the recent German court ban two weeks ago, who will win the fight for private transportation? Long-term, established transportation companies with powerful lobbying arms or the newcomer making use of disruptive technology? Does Schumpeter's creative destruction also apply to the transportation sector?
Crime

In Second Trial, Ex-Goldman Sachs Programmer Convicted of Code Theft 84

Posted by timothy
from the ok-that-information-did-not-want-to-be-free dept.
Ars Technica reports that A former Goldman Sachs programmer—featured in the book Flash Boys—was convicted on Friday for stealing high-speed trading code from the bank. Sergey Aleynikov, 45, was also acquitted on one count of unlawful duplication, according to Reuters. The New York state jury could not come to a verdict on another count of unlawful use of secret scientific material. Sergey Aleynikov was also acquitted of unlawful duplication. This was the second trial for Aleynikov in five years. He could face up to four years in prison.
The Courts

Judge Tosses United Airlines Lawsuit Over 'Hidden City' Tickets 126

Posted by timothy
from the you-had-to-go-there dept.
An anonymous reader writes: United Airlines lost a legal round in its effort to stop a website that helps people find 'hidden city' ticket pairs. The airline, along with online travel site Orbitz, sued New York-based Skiplagged.com and its founder, Aktarer Zaman, in November seeking an injunction to stop the site from sending users to Orbitz to purchase United tickets. A federal judge ruled Thursday that Illinois isn't the proper venue for the carrier's claims.
Patents

Patent Issued Covering Phone Notifications of Delivery Time and Invoice Quantity 60

Posted by Soulskill
from the i-should-patent-the-rubber-stamp dept.
eldavojohn writes: The staggering ingenuity of the U.S. Patent system has again been showcased by the EFF's analysis of recent patents. This week's patent and follow-up patent cover the futuristic innovative idea that when you order something, you can update your order and add additional amounts to your order while it's being processed. But wait, it gets even more innovative! You may one day be able to even to notify when you would like it delivered — on your phone! I know, you're busy wiping all that brain matter off your screen as your head seems to have exploded. Well, it turns out that inventor and patent holder Scott Horstemeyer (aka Eclipse IP, LLC of Delray Beach, FL) found no shortage of targets to go after with his new patents. It appears Tiger Fitness (and every other online retailer) was sending notices to customers about shipments. Did I mention Horstemeyer is a lawyer too? But not just a regular lawyer, a "SUPER lawyer" from the same firm that patented social networking in 2007, sued Uber for using location finding technologies in 2013 and sued Overstock.com as well as a small time shoe seller for using shipping notifications in 2014. A related article at Vox makes this case: "The primary problem with the patent system is, well, the patent system. The system makes it too easy to get broad, vague patents, and the litigation process is tilted too far toward plaintiffs. But because so many big companies make so much money off of this system, few in Congress are willing to consider broader reforms."
Piracy

Grooveshark Shuts Down 224

Posted by Soulskill
from the should-have-thought-that-through-a-bit-better dept.
An anonymous reader writes: Grooveshark, one of the most popular music streaming websites, has announced that they are shutting down immediately. Several lawsuits from the record companies pushed the company out of business. In a notice posted on the Grooveshark website, its two founders said, "[D]espite best of intentions, we made very serious mistakes. We failed to secure licenses from rights holders for the vast amount of music on the service. That was wrong. We apologize. Without reservation." All of their music has been deleted, and the site itself now belongs to the record companies. NewYorkCountryLawyer adds that according to the settlement (PDF), Grooveshark must pay $50 million, but no money judgment has been entered against individual defendants.
United Kingdom

UK High Court Orders Block On Popcorn Time 95

Posted by samzenpus
from the no-mocie-for-you dept.
An anonymous reader writes: Five ISPs have been given orders by the UK High Court to restrict access to sites offering downloads of popular movie streaming service Popcorn Time – a move which follows complaints from the Motion Picture Association referring to the software's use as a platform for viewing pirated content. According to the new regulation, Virgin, BT, Sky, EE and TalkTalk are now required to block access to popcorntime.io, flixtor.me, popcorntime.se and isoplex.isohunt.to – all sites which link to Popcorn Time downloads. In the High Court order, Justice Birss cites under Section 97A of the Copyright, Designs and Patents Act, that the 'Popcorn Time application is used in order to watch pirated content on the internet.' Popcorn Time operates as a BitTorrent client, despite its slick user interface, and is used mainly for illegal content – although, as its supporters argue, it is also a handy tool for streaming public domain films. It is unclear how successful the ban will be – the blocked sites are not the only places to find Popcorn Time online. Additionally, at ISP level, it will be challenging to monitor as there is not a single version or developer to seek out, with the code available as open source.
The Internet

Comcast Brings Fiber To City That It Sued 7 Years Ago To Stop Fiber Rollout 181

Posted by samzenpus
from the imitation-is-the-sincerest-form-of-flattery dept.
An anonymous reader writes with the latest update in Comcast's "if you can't beat them, join them" fiber plan. In April 2008, Comcast sued the Chattanooga Electric Power Board (EPB) to prevent it from building a fiber network to serve residents who were getting slow speeds from the incumbent cable provider. Comcast claimed that EPB illegally subsidized the buildout with ratepayer funds, but it quickly lost in court, and EPB built its fiber network and began offering Internet, TV, and phone service. After EPB launched in 2009, incumbents Comcast and AT&T finally started upgrading their services, EPB officials told Ars when we interviewed them in 2013. But not until this year has Comcast had an Internet offering that can match or beat EPB's $70 gigabit service. Comcast announced its 2Gbps fiber-to-the-home service on April 2, launching first in Atlanta, then in cities in Florida and California, and now in Chattanooga, Tennessee.
NASA

Messenger's Mercury Trip Ends With a Bang, and Silence 108

Posted by timothy
from the hell-of-a-way-to-go dept.
mpicpp writes with an expected followup: Nasa's Messenger mission to Mercury has reached its explosive conclusion, after 10 years in space and four in orbit. Now fully out of fuel, the spacecraft smashed into a region near Mercury's north pole, out of sight from Earth, at about 20:00 GMT on Thursday. Mission scientists confirmed the impact minutes later, when the craft's next possible communication pass was silent. Messenger reached Mercury in 2011 and far exceeded its primary mission plan of one year in orbit. That mission ended with an inevitable collision: Messenger slammed into our Solar System's hottest planet at 8,750mph (14,000km/h) — 12 times quicker than the speed of sound. The impact will have completely obliterated this history-making craft. And it only happened because Mercury has no thick atmosphere to burn up incoming objects — the same reason its surface is so pock-marked by impact craters. According to calculations, the 513kg, three-metre craft will have blasted a brand new crater the size of a tennis court. But that lasting monument is far too small to be visible from Earth.
The Internet

Rand Paul Moves To Block New "Net Neutrality" Rules 437

Posted by samzenpus
from the won't-somebody-please-think-of-the-isps? dept.
SonicSpike writes with news about another bump in the road for net neutrality. U.S. Senator Rand Paul, a Republican presidential hopeful, on Wednesday introduced a resolution to block new regulations on Internet service providers, saying they would 'wrap the Internet in red tape.' The 'net neutrality' rules, which are slated to take effect in June, are backed by the Obama administration and were passed by the Democratic majority of the Federal Communications Commission in February. AT&T Inc and wireless and cable trade associations are challenging them in court. Paul's resolution, if adopted, would allow the Senate to fast-track a vote to establish that Congress disapproves of the FCC's new rules and moves to nullify them.
Medicine

Who Owns Pre-Embryos? 374

Posted by Soulskill
from the faceless-corporations-of-course dept.
An anonymous reader writes: Scientifically and legally, frozen embryos are not the same as a living child. Nevertheless, they can inspire legal battles that resemble custody disputes. This article follows a case between a couple who had been dating for five months when the woman received a cancer diagnosis. Before beginning chemotherapy, she and her boyfriend of five months decided to harvest and set aside some fertilized eggs, just in case. (If the treatment saved her but destroyed her ability to have kids, and the couple stayed together and decided they wanted kids, the pre-embryos would preserve that option.) She survived, but their relationship didn't. With no explicit contract in place, the disposition/custody of the pre-embryos is now hotly contested. "[R]eading over the case, one gets the sense that there's a fundamental lack of language to describe what's at stake. There may be an emerging field of law and legal precedent, but the terms at hand don't adequately capture the nature of the dispute."
The Courts

Texas Admonishes Judge For Posting Facebook Updates About Her Trials 95

Posted by samzenpus
from the was-that-wrong? dept.
An anonymous reader writes: Michelle Slaughter, a Galveston County judge, says she will appeal a public admonition from state officials that criticized her Facebook posts about cases brought before her court. From the article: "The State Commission on Judicial Conduct ordered Michelle Slaughter, a Galveston County judge, to enroll in a four-hour class on the 'proper and ethical use of social media by judges.' The panel concluded that the judge's posts cast 'reasonable doubt' on her impartiality. At the beginning of a high-profile trial last year in which a father was accused of keeping his nine-year-old son in a six-foot by eight-foot wooden box, the judge instructed jurors not to discuss the case against defendant David Wieseckel with anyone. 'Again, this is by any means of communication. So no texting, e-mailing, talking person to person or on the phone or on Facebook. Any of that is absolutely forbidden,' the judge told jurors. But Slaughter didn't take her own advice, leading to her removal from the case and a mistrial. The defendant eventually was acquitted of unlawful-restraint-of-a-child charges."
Privacy

Supreme Court To Consider Data Aggregation Suit Against Spokeo 62

Posted by samzenpus
from the getting-the-numbers-right dept.
BUL2294 writes: Consumerist and Associated Press are reporting that the Supreme Court has taken up the case of Spokeo, Inc. v. Robins — a case where Spokeo, as a data aggregator, faces legal liability and Fair Credit Reporting Act violations for providing information on Thomas Robins, an individual who has not suffered "a specific harm" directly attributable to the inaccurate data Spokeo collected on him.

From SCOTUSblog: "Robins, who filed a class-action lawsuit, claimed that Spokeo had provided flawed information about him, including that he had more education than he actually did, that he is married although he remains single, and that he was financially better off than he actually was. He said he was unemployed and looking for work, and contended that the inaccurate information would make it more difficult for him to get a job and to get credit and insurance." So, while not suffering a specific harm, the potential for harm based on inaccurate data exists. Companies such as Facebook and Google are closely watching this case, given the potential of billions of dollars of liability for selling inaccurate information on their customers and other people.
Patents

Vizio, Destroyer of Patent Trolls 104

Posted by Soulskill
from the best-defense-is-a-strong-offense dept.
An anonymous reader writes: We read about a lot of patent troll cases. Some are successful and some are not, but many such cases are decided before ever going to court. It's how the patent troll operates — they know exactly how high litigation costs are. Even without a legal leg to stand on, they can ask for settlements that make better financial sense for the target to accept, rather than dumping just as much money into attorney's fees for an uncertain outcome. Fortunately, some companies fight back. TV-maker Vizio is one of these, and they've successfully defended against 16 different patent trolls, some with multiple claims. In addition, they're going on the offensive, trying to wrest legal fees from the plaintiffs for their spurious claims. "For the first time, it stands a real chance, in a case where it spent more than $1 million to win. Two recent Supreme Court decisions make it easier for victorious defendants to collect fees in patent cases. The TV maker is up against a storied patent plaintiffs' firm, Chicago-based Niro, Haller & Niro, that has fought for Oplus tooth and nail. ... For Vizio, the company feels that it's on the verge of getting vindication for a long-standing policy of not backing down to patent trolls."
Censorship

Irish Legislator Proposes Law That Would Make Annoying People Online a Crime 114

Posted by Soulskill
from the turn-yourselves-in-at-the-local-pub dept.
An anonymous reader sends this report from TechDirt: Is Ireland looking to pass a law that would "outlaw ebooks and jail people for annoying others?" Well, no, not really, but that's the sort of unintended consequences that follow when laws are updated for the 21st century using little more than a word swap. Ireland has had long-standing laws against harassment via snail mail, telephones and (as of 2007) SMS messages. A 2014 report by the government's somewhat troublingly-named "Internet Content Governance Advisory Group" recommended updating this section of the law to cover email, social media and other internet-related transmissions. ... The broad language -- if read literally -- could make emailing an ebook to someone a criminal offense. Works of fiction are, by definition, false. ... It's the vestigial language from previous iterations of the law -- words meant to target scam artists and aggressive telemarketers -- that is problematic. Simply appending the words "electronic communications" to an old law doesn't address the perceived problem (cyberbullying is cited in the governance group's report). It just creates new problems.
Google

Median Age At Google Is 29, Says Age Discrimination Lawsuit 349

Posted by samzenpus
from the get-ready-for-carrousel dept.
dcblogs writes: The typical employee at Google is relatively young, according to a lawsuit brought by an older programmer who is alleging age discrimination. Between 2007 and 2013, Google's workforce grew from 9,500 to more than 28,000 employees, "yet as of 2013, its employees' median age was 29 years old," the lawsuit claims. That's in contrast to the median age of nearly 43 for all U.S. workers who are computer programmers, according to the lawsuit.
Crime

Gen. Petraeus To Be Sentenced To Two Years Probation and Fine 94

Posted by samzenpus
from the standing-tall-before-the-man dept.
An anonymous reader writes: Petraeus, a now-retired U.S. Army General, has already agreed to plead guilty to a criminal misdemeanor charge of unauthorized removal and retention of classified material. As part of the agreement with prosecutors filed in March, the government will not seek any prison time. Instead, Petraeus will agree to pay a $40,000 fine and receive two years of probation, according to court documents. The recommendations are not binding on the federal judge who will preside at the hearing Thursday afternoon in Charlotte.
Government

Bill To Require Vaccination of Children Advances In California 616

Posted by samzenpus
from the won't-somebody-please-think-of-the-children? dept.
mpicpp sends the latest news on California legislation that would eliminate exemptions for vaccinating school children. A bill that would require nearly all children in California to be vaccinated by eliminating "personal belief" exemptions advanced through the State Legislature on Wednesday, though it still has several hurdles to clear. If approved, California would become one of only three states that require all parents to vaccinate their children as a condition of going to school, unless there is a medical reason not to do so. Under the bill, introduced after a measles outbreak that began at Disneyland, parents who refuse vaccines for philosophical or religious reasons would have to educate their children at home. The legislation prompted a roiling debate in Sacramento, and last week hundreds of people protested at the Capitol, arguing that it infringed on their rights and that it would unfairly shut their children out of schools. Last Wednesday, the legislation stalled in the Senate Education Committee as lawmakers said they were concerned that too many students would be forced into home schooling. This Wednesday, however, the bill passed that committee after its authors tweaked it, adding amendments that would expand the definition of home schooling to allow multiple families to join together to teach their children or participate in independent study programs run by public school systems.