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United States

New Rule Compels US Coal-Fired Power Plants To Capture Emissions - or Shut Down (theguardian.com) 56

Coal-fired power plants would be forced to capture smokestack emissions or shut down under a rule issued on Thursday by the Environmental Protection Agency (EPA). From a report: New limits on greenhouse gas emissions from fossil fuel-fired electric plants are the Biden administration's most ambitious effort yet to roll back planet-warming pollution from the power sector, the nation's second-largest contributor to the climate crisis. The rules are a key part of Joe Biden's pledge to eliminate carbon pollution from the electricity sector by 2035 and economy-wide by 2050.

The rule was among four separate measures targeting coal and natural gas plants that the EPA said would provide "regular certainty" to the power industry and encourage them to make investments to transition "to a clean energy economy." They also include requirements to reduce toxic wastewater pollutants from coal-fired plants and to safely manage so-called coal ash in unlined storage ponds. The new rules "reduce pollution from fossil fuel-fired power plants, protect communities from pollution and improve public health -- all while supporting the long-term, reliable supply of the electricity needed to power America forward," the EPA administrator, Michael Regan, told reporters at a White House briefing.

United States

US Fertility Rate Falls To Lowest In a Century (cnn.com) 186

An anonymous reader quotes a report from CNN: The fertility rate in the United States has been trending down for decades, and a new report shows that another drop in births in 2023 brought the rate down to the lowest it's been in more than century. There were about 3.6 million babies born in 2023, or 54.4 live births for every 1,000 females ages 15 to 44, according to provisional data from the US Centers for Disease Control and Prevention's National Center for Health Statistics. After a steep plunge in the first year of the Covid-19 pandemic, the fertility rate has fluctuated. But the 3% drop between 2022 and 2023 brought the rate just below the previous low from 2020, which was 56 births for every 1,000 women of reproductive age.

The birth rate fell among most age groups between 2022 and 2023, the new report shows. The teen birth rate reached another record low of 13.2 births per 1,000 females ages 15 to 19, which is 79% lower than it was at the most recent peak from 1991. However, the rate of decline was slower than it's been for the past decade and a half. Meanwhile, births continued to shift to older mothers. Older age groups saw smaller decreases in birth rates, and the birth rate was highest among women ages 30 to 34 -- with about 95 births for every 1,000 women in this group in 2023. Women 40 and older were the only group to see an increase in birth rate, although -- at less than 13 births for every 1,000 women -- it remained lower than any other age group.

The Almighty Buck

Airlines Required To Refund Passengers For Canceled, Delayed Flights (go.com) 63

Department of Transportation Secretary Pete Buttigieg announced new rules for the airline industry that will require airlines to automatically give cash refunds to passengers for canceled and significantly delayed flights. They will also require airlines to give cash refunds if your bags are lost and not delivered within 12 hours.

"This is a big day for America's flying public," said Buttigieg at a Wednesday morning news conference. According to Buttigieg, the new rules are the biggest expansion of passenger rights in the department's history. ABC News reports: Airlines can no longer decide how long a delay must be before a refund is issued. Under the new DOT rules, the delays covered would be more than three hours for domestic flights and more than six hours for international flights, the agency said. This includes tickets purchased directly from airlines, travel agents and third-party sites such as Expedia and Travelocity.

The refunds must be issued within seven days, according to the new DOT rules, and must be in cash unless the passenger chooses another form of compensation. Airlines can no longer issue refunds in forms of vouchers or credits when consumers are entitled to receive cash. Airlines will have six months to comply with the new rules.

The DOT said it is also working on rules related to family seating fees, enhancing rights for wheelchair-traveling passengers for safe and dignified travel and mandating compensation and amenities if flights are delayed or canceled by airlines. Buttigieg said the DOT is also protecting airline passengers from being surprised by hidden fees -- a move he estimates will have Americans billions of dollars every year. The DOT rules include that passengers will receive refunds for extra services paid for and not provided, such as Wi-Fi, seat selection or inflight entertainment.

Anime

Manga Site Blocks Adult Content, But Only For US and UK Users (404media.co) 90

Samantha Cole reports via 404 Media: A Japan-based online art platform is banning kink content for users based in the US and UK, as laws in these countries continue to tighten around sites that allow erotic content. Pixiv is an image gallery site where artists primarily share illustrations, manga, and novels. The site announced on April 22 that starting April 25, users whose account region is set to the US or UK will be subject to Pixiv's new terms of use, "Restrictions for Healthy Expression in Specific Countries and Regions."

The restrictions include several kinds of content that are illegal in the US, including sexualized depictions of minors and bestiality, as well as non-consensual depictions and deepfakes. But it also includes "content that appeals to the prurient interest, is patently offensive in light of community standards where you are located or where such content may be accessed or distributed, lacks serious literary, artistic, political, or scientific value, or otherwise violates any applicable obscenity laws, rules or regulations." This is an invocation of the Miller test, which determines non-constitutionally protected obscenity.
"I'd never say this a few years ago, but it's my personal fear that the next step is most major internet hosting services implementing these policies on an infrastructure level," said an artist who goes by kradeelav. "My colleagues are certainly planning for it by specifically looking for kink-friendly hosts, to actually making homebrew servers themselves in worst-case scenarios."
United States

Biden Signs TikTok 'Divest or Ban' Bill Into Law (theverge.com) 116

President Joe Biden signed a foreign aid package that includes a bill that would ban TikTok if China-based parent company ByteDance fails to divest the app within a year. The Verge: The divest-or-ban bill is now law, starting the clock for ByteDance to make its move. The company has an initial nine months to sort out a deal, though the president could extend that another three months if he sees progress. While just recently the legislation seemed like it would stall out in the Senate after being passed as a standalone bill in the House, political maneuvering helped usher it through to Biden's desk. The House packaged the TikTok bill -- which upped the timeline for divestment from the six months allowed in the earlier version -- with foreign aid to US allies, which effectively forced the Senate to consider the measures together. The longer divestment period also seemed to get some lawmakers who were on the fence on board.
United States

US Bans Noncompete Agreements For Nearly All Jobs 105

The Federal Trade Commission narrowly voted Tuesday to ban nearly all noncompetes, employment agreements that typically prevent workers from joining competing businesses or launching ones of their own. From a report: The FTC received more than 26,000 public comments in the months leading up to the vote. Chair Lina Khan referenced on Tuesday some of the stories she had heard from workers. "We heard from employees who, because of noncompetes, were stuck in abusive workplaces," she said. "One person noted when an employer merged with an organization whose religious principles conflicted with their own, a noncompete kept the worker locked in place and unable to freely switch to a job that didn't conflict with their religious practices." These accounts, she said, "pointed to the basic reality of how robbing people of their economic liberty also robs them of all sorts of other freedoms."

The FTC estimates about 30 million people, or one in five American workers, from minimum wage earners to CEOs, are bound by noncompetes. It says the policy change could lead to increased wages totaling nearly $300 billion per year by encouraging people to swap jobs freely. The ban, which will take effect later this year, carves out an exception for existing noncompetes that companies have given their senior executives, on the grounds that these agreements are more likely to have been negotiated. The FTC says employers should not enforce other existing noncompete agreements.
Oracle

Oracle Is Moving Its World Headquarters To Nashville (cnbc.com) 66

Oracle Chairman Larry Ellison said Tuesday that the company is moving its world headquarters to Nashville, Tennessee, to be closer to a major health-care epicenter. CNBC reports: In a wide-ranging conversation with Bill Frist, a former U.S. Senate Majority Leader, Ellison said Oracle is moving a "huge campus" to Nashville, "which will ultimately be our world headquarters." He said Nashville is an established health center and a "fabulous place to live," one that Oracle employees are excited about. "It's the center of the industry we're most concerned about, which is the health-care industry," Ellison said. The announcement was seemingly spur-of-the-moment. "I shouldn't have said that," Ellison told Frist, a longtime health-care industry veteran who represented Tennessee in the Senate. The pair spoke during a fireside chat at the Oracle Health Summit in Nashville.

Nashville has been a major player in the health-care scene for decades, and the city is now home to a vibrant network of health systems, startups and investment firms. The city's reputation as a health-care hub was catalyzed when HCA Healthcare, one of the first for-profit hospital companies in the U.S., was founded there in 1968. HCA helped attract troves of health-care professionals to Nashville, and other organizations quickly followed suit. Oracle has been developing its new $1.2 billion campus in the city for about three years, according to The Tennessean. "Our people love it here, and we think it's the center of our future," Ellison said.

United States

FTC To Vote On Noncompete Ban (axios.com) 93

The Federal Trade Commission is set to vote Tuesday afternoon on a proposal to ban noncompete agreements, which prevent workers from taking positions at competitors for a period of time after they leave a job. From a report: The ban could be a win for workers -- particularly at the low end of the income scale. Critics of these agreements say they stifle innovation and wage growth by restricting workers' ability to take new jobs that pay higher wages or offer some other opportunity. They also make it tougher for employers to hire strong talent, lessening competition.

Some states have laws limiting noncompetes to higher-income folks or banning them altogether -- but most don't. Experts told Axios that the final rule will likely look similar to the draft proposal, which was a broad prohibition on all noncompetes, even for executives. Any final rule is unlikely to take effect for many years -- if ever, as it will surely get tied up in court. The Chamber of Commerce, which opposes the ban, has already said it's ready and willing to file a lawsuit.

Power

California Is Grappling With a Growing Problem: Too Much Solar (washingtonpost.com) 323

An anonymous reader quotes a report from the Washington Post: In sunny California, solar panels are everywhere. They sit in dry, desert landscapes in the Central Valley and are scattered over rooftops in Los Angeles's urban center. By last count, the state had nearly 47 gigawatts of solar power installed -- enough to power 13.9 million homes and provide over a quarter of the Golden State's electricity. But now, the state and its grid operator are grappling with a strange reality: There is so much solar on the grid that, on sunny spring days when there's not as much demand, electricity prices go negative. Gigawatts of solar are "curtailed" -- essentially, thrown away. In response, California has cut back incentives for rooftop solar and slowed the pace of installing panels. But the diminishing economic returns may slow the development of solar in a state that has tried to move to renewable energy. And as other states build more and more solar plants of their own, they may soon face the same problems.

Curtailing solar isn't technically difficult -- according to Paul Denholm, senior research fellow at the National Renewable Energy Laboratory, it's equivalent to flipping a switch for grid operators. But throwing away free power raises electricity prices. It has also undercut the benefits of installing rooftop solar. Since the 1990s, California has been paying owners of rooftop solar panels when they export their energy to the grid. That meant that rooftop solar owners got $0.20 to $0.30 for each kilowatt-hour of electricity that they dispatched. But a year ago, the state changed this system, known as "net-metering," and now only compensates new solar panel owners for how much their power is worth to the grid. In the spring, when the duck curve is deepest, that number can dip close to zero. Customers can get more money back if they install batteries and provide power to the grid in the early evening or morning.

The change has sparked a huge backlash from Californians and rooftop solar companies, which say that their businesses are flagging. Indeed, Wood Mackenzie predicts that California residential solar installations in 2024 will fall by around 40 percent. Some state politicians are now trying to reverse the rule. "Under the CPUC's leadership California is responsible for the largest loss of solar jobs in our nation's history," Bernadette del Chiaro, the executive director of the California Solar and Storage Association, said in a statement referring to California's public utility commission. But experts say that it reflects how the economics of solar are changing in a state that has gone all-in on the technology. [...] To cope, [California's grid operator, known as CAISO] is selling some excess power to nearby states; California is also planning to install additional storage and batteries to hold solar power until later in the afternoon. Transmission lines that can carry electricity to nearby regions will also help -- some of the lost power comes from regions where there simply aren't enough power lines to carry a sudden burst of solar. Denholm says the state is starting to take the steps needed to deal with the glut. "There are fundamental limits to how much solar we can put on the grid before you start needing a lot of storage," Denholm said. "You can't just sit around and do nothing."
Further reading: The Energy Institute discusses this problem in a recent blog post.

Since 2020, the residential electricity rates in California have risen by as much as 40% after adjusting for inflation. While there's been "a lot of finger-pointing about the cause of these increases," the authors note that the impact on rates is multiplied when customers install their own generation and buy fewer kilowatts-hours from the grid because those households "contribute less towards all the fixed costs in the system." These fixed costs include: vegetation management, grid hardening, distribution line undergrounding, EV charging stations, subsidies for low income customers, energy efficiency programs, and the poles and wires that we all rely on whether we are taking electricity off the grid or putting it onto the grid from our rooftop PV systems.

"Since those fixed costs still need to be paid, rates go up, shifting costs onto the kWhs still being bought from the grid."
United States

Biden Marks Earth Day by Announcing $7 Billion in Solar Power Grants (time.com) 106

President Joe Biden travels to Triangle, Virginia, Monday to mark Earth Day, where he'll unveil $7 billion in grant funding for solar power under the Inflation Reduction Act and announce new steps to stand up his administration's American Climate Corps -- a program popular with youth climate groups. From a report: The announcements come days after the Biden administration made several significant conservation announcements, including barring oil drilling on nearly half of the national petroleum reserve in Alaska. Under the Environmental Protection Agency's Solar for All program, the administration will announce funding awards to states territories, tribal governments, municipalities and nonprofits "to develop long-lasting solar programs that are targeted towards the communities and people who need them most," EPA Deputy Administrator Janet McCabe told reporters. Per McCabe, the funding will enable nearly one million households in low-income and disadvantaged communities to benefit from solar power, saving more than $350 million in electric costs annually and more than $8 billion over the life of the program for overburdened households.
Microsoft

Ex-White House Cyber Policy Director: Microsoft is a National Security Risk (theregister.com) 123

This week the Register spoke to former senior White House cyber policy director A.J. Grotto — who complained it was hard to get even slight concessions from Microsoft: "If you go back to the SolarWinds episode from a few years ago ... [Microsoft] was essentially up-selling logging capability to federal agencies" instead of making it the default, Grotto said. "As a result, it was really hard for agencies to identify their exposure to the SolarWinds breach." Grotto told us Microsoft had to be "dragged kicking and screaming" to provide logging capabilities to the government by default. [In the interview he calls it "an epic fight" which lasted 18 months."] [G]iven the fact the mega-corp banked around $20 billion in revenue from security services last year, the concession was minimal at best.

That illustrates, Grotto said, that "they [Microsoft] just have a ton of leverage, and they're not afraid to use it." Add to that concerns over an Exchange Online intrusion by Chinese snoops, and another Microsoft security breach by Russian cyber operatives, both of which allowed spies to gain access to US government emails, and Grotto says it's fair to classify Microsoft and its products as a national security concern.

He estimates that Microsoft makes 85% of U.S. government productivity software — and has an even greater share of their operating systems. "Microsoft in many ways has the government locked in, he says in the interview, "and so it's able to transfer a lot of these costs associated with the security breaches over to the federal government."

And about five minutes in, he says, point-blank, that "It's perfectly fair" to consider Microsoft a national security threat, given its dominance "not just within the federal government, but really in sort of the boarder IT marketplace. I think it's fair to say, yeah, that a systemic compromise that affects Microsoft and its products do rise to the level of a national security risk."

He'd like to see the government encourage more competition — to the point where public scrutiny prompts software customers to change their behavior, and creates a true market incentive for better performance...
United States

Insufficient Redundancy? Light-Pole Installation Cut Fiber Line, Triggered Three-State 911 Outage (apnews.com) 90

"Workers installing a light pole in Missouri cut into a fiber line," reports the Associated Press, knocking out 911 phone service "for emergency agencies in Nebraska, Nevada and South Dakota, an official with the company that operates the line said Thursday." In Kansas City, Missouri, workers installing a light pole for another company Wednesday cut into a Lumen Technologies fiber line, Lumen global issues director Mark Molzen said in an email to The Associated Press. Service was restored within 2 1/2 hours, he said. There were no reports of 911 outages in Kansas City...

The Dundy County Sheriff's Office in Nebraska warned in a social media post Wednesday night that 911 callers would receive a busy signal and urged people to instead call the administrative phone line. About three hours later, officials said mobile and landline 911 services had been restored. In Douglas County, home to Omaha and more than a quarter of Nebraska's residents, officials first learned there was a problem when calls from certain cellphone companies showed up in a system that maps calls but didn't go through over the phone. Operators started calling back anyone whose call didn't go through, and officials reached out to Lumen, which confirmed the outage. Service was restored by 4 a.m.

Kyle Kramer, the technical manager for Douglas County's 911 Center, said the outage highlights the potential problems of having so many calls go over the same network. "As things become more interconnected in our modern world, whether you're on a wireless device or a landline now, those are no longer going over the traditional old copper phone wires that may have different paths in different areas," Kramer said. "Large networks usually have some aggregation point, and those aggregation points can be a high risk."

Kramer said this incident and the two previous 911 outages he has seen in the past year in Omaha make him concerned that communications companies aren't building enough redundancy into their networks.

South Dakota officials called the state-wide outage "unprecedented," with their Department of Public Safety reporting the outage lasted two hours (though texting to 911 still worked in most locations — and of course, people could still call local emergency services using their non-emergency lines.) America's FCC has already begun an investigation.



The article notes that "The outages, ironically, occurred in the midst of National Public Safety Telecommunicators Week."

Thanks to long-time Slashdot reader davidwr for sharing the article.
United States

US Passes Bill Reauthorizing 'FISA' Surveillance for Two More Years (theverge.com) 45

Late Friday night the U.S. Senate "reauthorized the Foreign Intelligence Surveillance Act, a key. U.S. surveillance authority," reports Axios, "shortly after it expired in the early hours Saturday morning." The president then signed the bill into law. The reauthorization came despite bipartisan concerns about Section 702, which allows the government to collect communications from non-U.S. citizens overseas without a warrant. The legislation passed the Senate 60 to 34, with 17 Democrats, Sen. Bernie Sanders (I-Vt.) and 16 Republicans voting "nay." It extends the controversial Section 702 for two more years.
The bill had already passed last week in the U.S. House of Representatives, explains CNN: Under FISA's Section 702, the government hoovers up massive amounts of internet and cell phone data on foreign targets. Hundreds of thousands of Americans' information is incidentally collected during that process and then accessed each year without a warrant — down from millions of such queries the US government ran in past years. Critics refer to these queries as "backdoor" searches...

According to one assessment, it forms the basis of most of the intelligence the president views each morning and it has helped the U.S. keep tabs on Russia's intentions in Ukraine, identify foreign efforts to access US infrastructure, uncover foreign terror networks and thwart terror attacks in the U.S.

An interesting detail from The Verge: Sens. Ron Wyden (D-OR) and Josh Hawley (R-MO) introduced an amendment that would have struck language in the House bill that expanded the definition of "electronic communications service provider." Under the House's new provision, anyone "who has access to equipment that is being or may be used to transmit or store wire or electronic communications." The expansion, Wyden has claimed, would force "ordinary Americans and small businesses to conduct secret, warrantless spying." The Wyden-Hawley amendment failed 34-58, meaning that the next iteration of the FISA surveillance program will be more expansive than before.
Saturday morning the U.S. House of Representatives passed a bill banning TikTok if its Chinese owner doesn't sell the app.
Social Networks

Sell or Be Banned: Anti-TikTok Bill Passed by US Representatives (npr.org) 96

The U.S. House of Representatives just passed its long-delayed Ukraine aid bill. But along with it they also approved a bill banning TikTok "if its Chinese owner does not sell the video app," according to NPR: While lawmakers in the House advanced a similar bill last month, this effort is different for two reasons: It is attached to a sweeping foreign aid bill providing support for Ukraine and Israel. And it addresses concerns from some members of the Senate by extending the deadline for TikTok to find a buyer. President Biden supports the effort. That means TikTok being forced to sell, or face a possible ban, is on the fast-track to becoming law. It would mark the first time ever the U.S. government has passed a law that could shut down an entire social media platform, setting the stage for what is expected to be a protracted legal battle... TikTok says it has built a firewall between its headquarters in Los Angeles and its parent company in Beijing, but some reports indicate U.S. user data does still move between the two.

While there has been no evidence made public that Chinese government officials have accessed Americans' information through TikTok, the idea that China has the theoretical ability to weaponize an app used by half of America has been enough to set off an all-out crackdown.
In Saturday's vote, 360 Representatives voted in favor of the sell-or-be-banned TikTok bill, while just 58 voted against it.
Power

Data Centers Are Turning to an Old Source of Power: Coal (yahoo.com) 58

The Washington Post reports on a new situation in Virginia: There, massive data centers with computers processing nearly 70 percent of global digital traffic are gobbling up electricity at a rate officials overseeing the power grid say is unsustainable unless two things happen: Several hundred miles of new transmission lines must be built, slicing through neighborhoods and farms in Virginia and three neighboring states. And antiquated coal-powered electricity plants that had been scheduled to go offline will need to keep running to fuel the increasing need for more power, undermining clean energy goals...

The $5.2 billion effort has fueled a backlash against data centers through the region, prompting officials in Virginia to begin studying the deeper impacts of an industry they've long cultivated for the hundreds of millions of dollars in tax revenue it brings to their communities. Critics say it will force residents near the [West Virginia] coal plants to continue living with toxic pollution, ironically to help a state — Virginia — that has fully embraced clean energy. And utility ratepayers in the affected areas will be forced to pay for the plan in the form of higher bills, those critics say. But PJM Interconnection, the regional grid operator, says the plan is necessary to maintain grid reliability amid a wave of fossil fuel plant closures in recent years, prompted by the nation's transition to cleaner power. Power lines will be built across four states in a $5.2 billion effort that, relying on coal plants that were meant to be shuttered, is designed to keep the electric grid from failing amid spiking energy demands. Cutting through farms and neighborhoods, the plan converges on Northern Virginia, where a growing data center industry will need enough extra energy to power 6 million homes by 2030...

There are nearly 300 data centers now in Virginia. With Amazon Web Services pursuing a $35 billion data center expansion in Virginia, rural portions of the state are the industry's newest target for development. The growth means big revenue for the localities that host the football-field-size buildings. Loudoun [County] collects $600 million in annual taxes on the computer equipment inside the buildings, making it easier to fund schools and other services. Prince William [County], the second-largest market, collects $100 million per year.

The article adds that one data center "can require 50 times the electricity of a typical office building, according to the U.S. Department of Energy. "Multiple-building data center complexes, which have become the norm, require as much as 14 to 20 times that amount."

One small power company even told the grid operator that data centers were already consuming 59% of the power they produce...
United States

Two Major ISPs Threaten They'll Stop Complying With US FISA Orders (msn.com) 34

An anonymous reader shared this report from the Washington Post: U.S. government officials were scrambling Friday night to prevent what they fear could be a significant loss of access to critical national security information, after two major U.S. communications providers said they would stop complying with orders under a controversial surveillance law that is set to expire at midnight, according to five people familiar with the matter.

One communications provider informed the National Security Agency that it would stop complying on Monday with orders under Section 702 of the Foreign Intelligence Surveillance Act, which enables U.S. intelligence agencies to gather without a warrant the digital communications of foreigners overseas — including when they text or email people inside the United States. Another provider suggested that it would cease complying at midnight Friday unless the law is reauthorized, according to the people familiar with the matter, who spoke on the condition of anonymity to discuss sensitive negotiations.

The companies' decisions, which were conveyed privately and have not previously been reported, have alarmed national security officials, who strongly disagree with their position and argue that the law requires the providers to continue complying with the government's surveillance orders even after the statute expires. That's because a federal court this month granted the government a one-year extension to continue intelligence collection.

UPDATE (4/20/2024): US Passes Bill Reauthorizing 'FISA' Surveillance for Two More Years.
United States

EPA Will Make Polluters Pay To Clean Up Two 'Forever Chemicals' (nytimes.com) 39

An anonymous reader shares a report: The Biden administration is designating two "forever chemicals," man-made compounds that are linked to serious health risks, as hazardous substances under the Superfund law, shifting responsibility for their cleanup to polluters from taxpayers. The new rule announced on Friday empowers the government to force the many companies that manufacture or use perfluorooctanoic acid, also known as PFOA, and perfluorooctanesulfonic acid, known as PFOS, to monitor any releases into the environment and be responsible for cleaning them up. Those companies could face billions of dollars in liabilities.

[...] The announcement follows an extraordinary move last week from the E.P.A. mandating that water utilities reduce the PFAS in drinking water to near-zero levels. The agency has also proposed to designate seven additional PFAS chemicals as hazardous waste. "President Biden understands the threat that forever chemicals pose to the health of families across the country," Michael S. Regan, the administrator of the E.P.A., said. "Designating these chemicals under our Superfund authority will allow E.P.A. to address more contaminated sites, take earlier action, and expedite cleanups, all while ensuring polluters pay for the costs to clean up pollution threatening the health of communities."

China

FBI Says Chinese Hackers Preparing To Attack US Infrastructure (reuters.com) 116

schwit1 shares a report from Reuters: Chinese government-linked hackers have burrowed into U.S. critical infrastructure and are waiting "for just the right moment to deal a devastating blow," FBI Director Christopher Wray said on Thursday. An ongoing Chinese hacking campaign known as Volt Typhoon has successfully gained access to numerous American companies in telecommunications, energy, water and other critical sectors, with 23 pipeline operators targeted, Wray said in a speech at Vanderbilt University.

China is developing the "ability to physically wreak havoc on our critical infrastructure at a time of its choosing," Wray said at the 2024 Vanderbilt Summit on Modern Conflict and Emerging Threats. "Its plan is to land low blows against civilian infrastructure to try to induce panic." Wray said it was difficult to determine the intent of this cyber pre-positioning which was aligned with China's broader intent to deter the U.S. from defending Taiwan. [...] Wray said China's hackers operated a series of botnets - constellations of compromised personal computers and servers around the globe - to conceal their malicious cyber activities. Private sector American technology and cybersecurity companies previously attributed Volt Typhoon to China, including reports by security researchers with Microsoft and Google.
China's Embassy in Washington said in a statement: "Some in the US have been using origin-tracing of cyberattacks as a tool to hit and frame China, claiming the US to be the victim while it's the other way round, and politicizing cybersecurity issues."
Communications

Northrop Grumman Working With SpaceX On US Spy Satellite System (reuters.com) 10

Longtime Slashdot reader SonicSpike shares a report from Reuters: Aerospace and defense company Northrop Grumman is working with SpaceX [...] on a classified spy satellite project already capturing high-resolution imagery of the Earth, according to people familiar with the program. The program, details of which were first reported by Reuters last month, is meant to enhance the U.S. government's ability to track military and intelligence targets from low-Earth orbits, providing high-resolution imagery of a kind that had traditionally been captured mostly by drones and reconnaissance aircraft. The inclusion of Northrop Grumman, which has not been previously reported, reflects a desire among government officials to avoid putting too much control of a highly-sensitive intelligence program in the hands of one contractor, four people familiar with the project told Reuters. 'It is in the government's interest to not be totally invested in one company run by one person,' one of the people said.

It's unclear whether other contractors are involved at present or could join the project as it develops. Northrop Grumman is providing sensors for some of the SpaceX satellites, the people familiar with the project told Reuters. Northrop Grumman, two of the people added, will test those satellites at its own facilities before they are launched. At least 50 of the SpaceX satellites are expected at Northrop Grumman facilities for procedures including testing and the installation of sensors in coming years, one of the people said. In March, Reuters reported that the National Reconnaissance Office, or NRO, in 2021 awarded a $1.8 billion contract to SpaceX for the classified project, a planned network of hundreds of satellites. So far, the people familiar with the project said, SpaceX has launched roughly a dozen prototypes and is already providing test imagery to the NRO, an intelligence agency that oversees development of U.S. spy satellites.

Privacy

Cops Can Force Suspect To Unlock Phone With Thumbprint, US Court Rules (arstechnica.com) 146

An anonymous reader quotes a report from Ars Technica: The US Constitution's Fifth Amendment protection against self-incrimination does not prohibit police officers from forcing a suspect to unlock a phone with a thumbprint scan, a federal appeals court ruled yesterday. The ruling does not apply to all cases in which biometrics are used to unlock an electronic device but is a significant decision in an unsettled area of the law. The US Court of Appeals for the 9th Circuit had to grapple with the question of "whether the compelled use of Payne's thumb to unlock his phone was testimonial," the ruling (PDF) in United States v. Jeremy Travis Payne said. "To date, neither the Supreme Court nor any of our sister circuits have addressed whether the compelled use of a biometric to unlock an electronic device is testimonial."

A three-judge panel at the 9th Circuit ruled unanimously against Payne, affirming a US District Court's denial of Payne's motion to suppress evidence. Payne was a California parolee who was arrested by California Highway Patrol (CHP) after a 2021 traffic stop and charged with possession with intent to distribute fentanyl, fluorofentanyl, and cocaine. There was a dispute in District Court over whether a CHP officer "forcibly used Payne's thumb to unlock the phone." But for the purposes of Payne's appeal, the government "accepted the defendant's version of the facts, i.e., 'that defendant's thumbprint was compelled.'" Payne's Fifth Amendment claim "rests entirely on whether the use of his thumb implicitly related certain facts to officers such that he can avail himself of the privilege against self-incrimination," the ruling said. Judges rejected his claim, holding "that the compelled use of Payne's thumb to unlock his phone (which he had already identified for the officers) required no cognitive exertion, placing it firmly in the same category as a blood draw or fingerprint taken at booking." "When Officer Coddington used Payne's thumb to unlock his phone -- which he could have accomplished even if Payne had been unconscious -- he did not intrude on the contents of Payne's mind," the court also said.

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