Crime

Gamers Involved In Fatal Wichita 'Swatting' Indicted On Federal Charges (kansas.com) 58

bricko shares a report from Kansas: A federal grand jury has indicted the man accused in Wichita's fatal swatting as well as the two gamers involved in the video game dispute that prompted the false emergency call. The 29-page indictment was unsealed Wednesday in U.S. District Court for the District of Kansas. It charges 25-year-old Tyler Barriss, who is facing state court charges including involuntary manslaughter, with false information and hoaxes, cyberstalking, threatening to kill another or damage property by fire, interstate threats, conspiracy and several counts of wire fraud, according to federal court records. One of the gamers -- 18-year-old Casey S. Viner of North College Hill, Ohio -- is charged with several counts of wire fraud, conspiracy, obstruction of justice and conspiracy to obstruct justice. The other gamer -- 19-year-old Shane M. Gaskill of Wichita -- is charged with several counts of obstruction of justice, wire fraud and conspiracy to obstruct justice.
The Courts

ACLU Sues ICE For License Plate Reader Contracts, Records (sfgate.com) 46

An anonymous reader quotes a report from SFGate: The American Civil Liberties Union on Wednesday sued U.S. Immigration and Customs Enforcement for records about the agency's use of license plate reader technology, after ICE apparently failed to turn over records following multiple requests. In December, ICE purchased access to two databases of ALPR data, the complaint reads. One of those databases is managed by Vigilant Solutions, which has contracts with more than two dozen Bay Area law enforcement agencies. "We believe the other is managed by Thomson Reuters," ACLU laywer Vasudha Talla said. The ACLU and other privacy advocates have expressed concern about how this data will be stored and used for civil immigration enforcement. The ACLU filed two requests under the Freedom of Information Act in March seeking records from ICE, including contracts, memos, associated communications, training materials and audit logs. Since then, ICE has not provided any records, the ACLU said in the complaint, which was filed Tuesday morning in the Northern District Court for the Northern District of California. "The excessive collection and storing of this data in databases -- which is then pooled and shared nationally -- results in a systemic monitoring that chills the exercise of constitutional rights to free speech and association, as well as essential tasks such as driving to work, picking children up from school, and grocery shopping," the complaint said. "We have essentially two concerns: one that is general to ALPR databases, and one that's specific to this situation with ICE," Talla said. "The ACLU has done a lot of work around surveillance technology and ALPR, and we're generally concerned about the aggregation of all this data about license plates paired with a time and location, stretching back for so many months and years."
Piracy

Singapore ISPs Block 53 Pirate Sites Following MPAA Legal Action (torrentfreak.com) 40

53 piracy websites, including The Pirate Bay and KickassTorrents, have been blocked in Singapore following the most sweeping action taken by copyright holders in the country in more than a decade. From a report: A new wave of blocks announced this week are the country's most significant so far, with dozens of 'pirate' sites targeted following a successful application by the MPAA earlier this year. [...] "In Singapore, these sites are responsible for a major portion of copyright infringement of films and television shows," an MPAA spokesman told The Straits Times. "This action by rights ïowners is necessary to protectï the creative industry, enabling creators to create and keep their jobs, protect their works, and ensure the continued provision of high-quality content to audienceïsï."
Social Networks

President Trump Can't Block People On Twitter, Court Rules (knightcolumbia.org) 339

Reader drunken_boxer777 writes: US District Judge Buchwald issued a 75-page ruling today clearly articulating why Donald Trump cannot block Twitter users, as it violates their First Amendment rights.

"Turning to the merits of plaintiffs' First Amendment claim, we hold that the speech in which they seek to engage is protected by the First Amendment and that the President and Scavino exert governmental control over certain aspects of the @realDonaldTrump account, including the interactive space of the tweets sent from the account. That interactive space is susceptible to analysis under the Supreme Court's forum doctrines, and is properly characterized as a designated public forum. The viewpoint-based exclusion of the individual plaintiffs from that designated public forum is proscribed by the First Amendment and cannot be justified by the President's personal First Amendment interests."
Further reading: Bloomberg.
Encryption

FBI Repeatedly Overstated Encryption Threat Figures To Congress, Public (techcrunch.com) 150

mi shares a report from The Washington Post (Warning: source may be paywalled; alternative source): The FBI has repeatedly provided grossly inflated statistics to Congress and the public about the extent of problems posed by encrypted cellphones, claiming investigators were locked out of nearly 7,800 devices connected to crimes last year when the correct number was much smaller, probably between 1,000 and 2,000.

Over a period of seven months, FBI Director Christopher A. Wray cited the inflated figure as the most compelling evidence for the need to address what the FBI calls "Going Dark" -- the spread of encrypted software that can block investigators' access to digital data even with a court order. "The FBI's initial assessment is that programming errors resulted in significant over-counting of mobile devices reported,'' the FBI said in a statement Tuesday. The bureau said the problem stemmed from the use of three distinct databases that led to repeated counting of phones. Tests of the methodology conducted in April 2016 failed to detect the flaw, according to people familiar with the work.

The Courts

Yelp Files New EU Complaint Against Google Over Search Dominance (ft.com) 71

Yelp has filed a complaint with the EU's antitrust watchdog against Google, arguing that the search company has abused its dominance in local search and pressuring Brussels to launch new charges against the tech giant, Financial Times reported Tuesday. From the report: European antitrust authorities fined Google $2.8B in June 2017 for favouring its own shopping service over rival offerings in its search results. Google denied wrongdoing and has appealed that decision. Now Yelp, which provides user ratings, reviews and other information about local businesses, wants Margrethe Vestager, the EU Competition Commissioner, to take action against Google for similar alleged abuse in the local search market, according to a copy of the complaint seen by the Financial Times. The move comes days after Yelp founder Jeremy Stopplelman appeared on 60 Minutes to talk about Google's search monopoly. Here's the exchange he had with reporter Steve Kroft: Jeremy Stoppelman: If I were starting out today, I would have no shot of building Yelp. That opportunity has been closed off by Google and their approach.
Steve Kroft: In what way?
Jeremy Stoppelman: Because if you provide great content in one of these categories that is lucrative to Google, and seen as potentially threatening, they will snuff you out.
Steve Kroft: What do you mean snuff you out?
Jeremy Stoppelman: They will make you disappear. They will bury you.

United States

Supreme Court Upholds Workplace Arbitration Contracts Barring Class Actions (nytimes.com) 338

The Supreme Court on Monday ruled that companies can use arbitration clauses in employment contracts to prohibit workers from banding together to take legal action over workplace issues. From a report: The vote was 5 to 4, with the court's more conservative justices in the majority. The court's decision could affect some 25 million employment contracts. Writing for the majority, Justice Neil M. Gorsuch said the court's conclusion was dictated by a federal law favoring arbitration and the court's precedents. If workers were allowed to band together to press their claims, he wrote, "the virtues Congress originally saw in arbitration, its speed and simplicity and inexpensiveness, would be shorn away and arbitration would wind up looking like the litigation it was meant to displace." Justice Ruth Bader Ginsburg read her dissent from the bench, a sign of profound disagreement. In her written dissent, she called the majority opinion "egregiously wrong." In her oral statement, she said the upshot of the decision "will be huge under-enforcement of federal and state statutes designed to advance the well being of vulnerable workers."
Google

Google Sued For 'Clandestine Tracking' of 4.4 Million UK iPhone Users' Browsing Data (theguardian.com) 32

Google is being sued in the high court for as much as $4.3 billion for the alleged "clandestine tracking and collation" of personal information from 4.4 million iPhone users in the UK. From a report: The collective action is being led by former Which? director Richard Lloyd over claims Google bypassed the privacy settings of Apple's Safari browser on iPhones between August 2011 and February 2012 in order to divide people into categories for advertisers. At the opening of an expected two-day hearing in London on Monday, lawyers for Lloyd's campaign group Google You Owe Us told the court information collected by Google included race, physical and mental heath, political leanings, sexuality, social class, financial, shopping habits and location data.

Hugh Tomlinson QC, representing Lloyd, said information was then "aggregated" and users were put into groups such as "football lovers" or "current affairs enthusiasts" for the targeting of advertising. Tomlinson said the data was gathered through "clandestine tracking and collation" of browsing on the iPhone, known as the "Safari Workaround" -- an activity he said was exposed by a PhD researcher in 2012. Tomlinson said Google has already paid $39.5m to settle claims in the US relating to the practice. Google was fined $22.5m for the practice by the US Federal Trade Commission in 2012 and forced to pay $17m to 37 US states.

Government

Congress Is Looking To Extend Copyright Protection Term To 144 Years (wired.com) 292

"Because it apparently isn't bad enough already, Congress is looking to extend the copyright term to 144 years," writes Slashdot reader llamalad. "Please write to your representatives and consider donating to the EFF." American attorney Lawrence Lessig writes via Wired: Almost exactly 20 years ago, Congress passed the Sonny Bono Copyright Term Extension Act, which extended the term of existing copyrights by 20 years. The Act was the 11th extension in the prior 40 years, timed perfectly to assure that certain famous works, including Mickey Mouse, would not pass into the public domain. Immediately after the law came into force, a digital publisher of public domain works, Eric Eldred, filed a lawsuit challenging the act [which the Supreme Court later rejected].

Twenty years later, the fight for term extension has begun anew. Buried in an otherwise harmless act, passed by the House and now being considered in the Senate, this new bill purports to create a new digital performance right -- basically the right to control copies of recordings on any digital platform (ever hear of the internet?) -- for musical recordings made before 1972. These recordings would now have a new right, protected until 2067, which, for some, means a total term of protection of 144 years. The beneficiaries of this monopoly need do nothing to get the benefit of this gift. They don't have to make the work available. Nor do they have to register their claims in advance.

Transportation

Utilities, Tesla Appeal Federal Rollback of Auto Emissions Standards (arstechnica.com) 118

A coalition of utilities and electric vehicle makers, including Tesla, are petitioning the EPA to reconsider its recent plan to roll back auto emissions standards. In April, the EPA said that it would relax greenhouse gas emissions standards that had been put in place for model year 2022-2025 vehicles. Ars Technica reports: The National Coalition for Advanced Transportation (NCAT) represents 12 utilities as well as Tesla, electric truck maker Workhorse, and EV charging network EVgo. NCAT earlier this month asked the Second Circuit Court of Appeals in Washington, DC to review the EPA's latest efforts to relax the Obama-era fuel economy standards.

The coalition challenge to the EPA follows a similar challenge made by 17 states, including California. The utilities' efforts show that they're interested in protecting one of the major projected avenues for growth in electricity demand. Electricity consumption has stagnated in the U.S. as efficiency measures take effect and, in some states, solar panels make it easier for residents to buy less electricity from the local utility.

Crime

Alleged Owners of Mugshots.com Have Been Arrested For Extortion (lawandcrime.com) 101

Reader schwit1 writes: The alleged owners of Mugshots.com have been charged and arrested. These four men Sahar Sarid, Kishore Vidya Bhavnanie, Thomas Keesee, and David Usdan only removed a person's mugshot from the site if this individual paid a "de-publishing" fee, according to the California Attorney General on Wednesday. That's apparently considered extortion. On top of that, they also face charges of money laundering, and identity theft.

If you read a lot of articles about crime, then you're probably already familiar with the site (which is still up as of Friday afternoon). They take mugshots, slap the url multiple times on the image, and post it on the site alongside an excerpt from a news outlet that covered the person's arrest. According to the AG's office, the owners would only remove the mugshots if the person paid a fee, even if the charges were dismissed. This happened even if the suspect was only arrested because of "mistaken identity or law enforcement error." You can read the affidavit here.

Java

California Bypasses Science To Label Coffee a Carcinogen (undark.org) 277

travers_r writes: Superior Court Judge Elihu Berle affirmed last week that all coffee sold in California must come with a warning label stating that chemicals in coffee (acrylamide, a substance created naturally during the brewing process) are known to cause cancer and birth defects or other reproductive harm. But judges, journalists, and environmental advocates fail to recognize the critical difference between probably and certainly, which fuels the inaccurate belief that cancer is mostly caused by things in the environment. From a report at Undark: "IARC is one of the leading scientific bodies in the world, and it is also one of several expert panels on which California relies for scientific opinions in such cases. The IARC has concluded that while there is sufficient evidence to consider acrylamide carcinogenic in experimental animals, there is insufficient evidence for carcinogenicity in humans. Therefore, its overall evaluation is that 'acrylamide is probably carcinogenic to humans.'
[...]
Leading experts, in fact, believe that roughly two-thirds of all cancers are the result of mutations to DNA that are caused by natural bodily processes, not exposure to environmental chemicals. This is quite the opposite of the prevailing belief among the public that most cancers are caused by exogenous substances imposed on us by the products and technologies of the modern world. It's this belief -- this fear -- that prompted voters to pass Proposition 65 in 1986. It was a time when fear of hazardous waste and industrial chemicals was high, when chemophobia -- a blanket fear of anything having to do with the word 'chemicals' -- was being seared into the public's mind."

The Courts

Uber Drops Arbitration Requirement For Sexual Assault Victims (npr.org) 90

Previously, Uber required complaints to be resolved in mandatory arbitration -- out of court and behind closed doors. Today, the company announced it is "changing its policies to allow customers, employees and drivers who are sexually harassed or assaulted to take their complaints to court and to speak publicly about their experiences," reports NPR. From the report: Last month, Katherine and Lauren were among 14 female victims who sent an open letter to Uber's board, pointing to the company's own sexual harassment problems and the #MeToo movement. "Silencing our stories deprives customers and potential investors from the knowledge that our horrific experiences are part of a widespread problem at Uber," they wrote. The women's demand -- and Uber's response -- highlight the significance of mandatory arbitration agreements, which are increasingly common. The provisions are usually in the fine print -- and most people who sign the agreements don't know they have signed away their right to sue.
Crime

Suspect Identified In CIA 'Vault 7' Leak (nytimes.com) 106

An anonymous reader quotes a report from The New York Times: In weekly online posts last year, WikiLeaks released a stolen archive of secret documents about the Central Intelligence Agency's hacking operations, including software exploits designed to take over iPhones and turn smart television sets into surveillance devices. It was the largest loss of classified documents in the agency's history and a huge embarrassment for C.I.A. officials. Now, The New York Times has learned the identity of the prime suspect in the breach (Warning: source may be paywalled; alternative source): a 29-year-old former C.I.A. software engineer who had designed malware used to break into the computers of terrorism suspects and other targets.

F.B.I. agents searched the Manhattan apartment of the suspect, Joshua A. Schulte, one week after WikiLeaks released the first of the C.I.A. documents in March last year, and then stopped him from flying to Mexico on vacation, taking his passport, according to court records and family members. The search warrant application said Mr. Schulte was suspected of "distribution of national defense information," and agents told the court they had retrieved "N.S.A. and C.I.A. paperwork" in addition to a computer, tablet, phone and other electronics. But instead of charging Mr. Schulte in the breach, referred to as the Vault 7 leak, prosecutors charged him last August with possessing child pornography, saying agents had found the material on a server he created as a business in 2009 while he was a student at the University of Texas.

Facebook

Facebook Faulted By Judge For 'Troubling Theme' In Privacy Case (bloomberg.com) 62

schwit1 quotes a report from Bloomberg: A judge scolded Facebook for misconstruing his own rulings as he ordered the company to face a high-stakes trial accusing it of violating user privacy. The social media giant has misinterpreted prior court orders by continuing to assert the "faulty proposition" that users can't win their lawsuit under an Illinois biometric privacy law without proving an "actual injury," U.S. District Judge James Donato said in a ruling Monday. Likewise, the company's argument that it's immune from having to pay a minimum of $1,000, and as much as $5,000, for each violation of the law is "not a sound proposition," he said. Under the Illinois Biometric Information Privacy Act, the damages in play at a jury trial set for July 9 in San Francisco could easily reach into the billions of dollars for the millions of users whose photos were allegedly scanned without consent. Apart from his concerns about the "troubling theme" in Facebook's legal arguments, Donato ruled a trial must go forward because there are multiple factual issues in dispute, including a sharp disagreement over how the company's photo-tagging software processes human faces.
Businesses

Supreme Court Strikes Down Federal Law Prohibiting Sports Gambling (espn.com) 171

The Supreme Court has struck down a 1992 federal law that effectively prevented most states from legalizing sports betting, clearing up a legal gray area and opening a door for state governments to join in what has become a lucrative industry. From a report: The court ruled 6-3 to strike down the Professional and Amateur Sports Protection Act (PAPSA), a 1992 law that barred state-authorized sports gambling with some exceptions. It made Nevada the only state where a person could wager on the results of a single game.

States that want to offer legal sports betting may now do so, and New Jersey plans to be first. Delaware, Mississippi, New York, Pennsylvania and West Virginia are among the states expected to quickly get into the legal bookmaking game.

Wikipedia

Last Stop For Wikipedia's Feuding Editors -- Online High Court (wsj.com) 57

Wikipedia has its own internal "Supreme Court," which adjudicates disputes, takes appeals, and even issues injunctions [Editor's note: the link may be paywalled]. The cases it hears are as petty as you'd expect. Fascinating story by WSJ: Wikipedia, the vast online crowdsourced encyclopedia, has a high court. It is a panel called the Arbitration Committee, largely unknown to anyone other than Wiki aficionados, which hears disputes that arise after all other means of conflict resolution have failed. The 15 elected jurists on the English-language Wikipedia's Arbitration Committee -- among them a former staffer for presidential candidate John Kerry, an information-technology consultant in a tiny British village and a retired college librarian -- have clerks, write binding decisions and hear appeals. They even issue preliminary injunctions.

Founded in 2001, Wikipedia operates largely through community consensus. All editors are volunteers, and anyone can write and edit its millions of articles. In online forums, editors debate content, sources and style, and typically manage to broker peace by talking -- or rather, typing -- it out. But every so often, tempers flare, necessitating a more stringent brand of justice. In 2003, Wikipedia founder Jimmy Wales created the committee, known as ArbCom, as the final stop in the site's dispute-resolution process. "There are things that wouldn't start an argument anywhere else that can still start an argument on Wikipedia," says Ira Matetsky, a Manhattan litigator and the unpaid panel's longest-serving current member. Among them: capitalization rules and whether individual television episodes deserve encyclopedia entries.

Portables (Apple)

Class Action Suit Filed Against Apple Over the Keyboards in MacBook Pro and MacBook Laptops (theoutline.com) 217

On Friday, Apple was hit with a class action lawsuit over the butterfly-switch keyboards, found on the current generation MacBook Pro and MacBook lineups, that have plagued its customers since they were released in 2015. The suit, filed in the Northern District Court of California, alleges that Apple "promoted and sold laptops it knew were defective in that they contain a keyboard that is substantially certain to fail prematurely," The Outline reports, and that selling these computers not only directly to its customers but also to third party retailers constitutes a violation of good faith. From the report: The Outline was the first outlet to substantially cover the magnitude of the issue, writing that Apple Geniuses responsible for diagnosing and repairing these Apple computers would benevolently attribute dead keys and double-spacing spacebars to a "piece of dust" stuck under the keyboard. Under Apple's warranty, Geniuses might offer to replace the entire top case of the computer, a process that takes about a week. Out of warranty, it costs about $700 to replace this part on a MacBook Pro. Apple has declined repeatedly to comment on the issue, but directs sufferers to a support page that instructs users how to tilt the computer at an angle, blow canned air under the malfunctioning keys, light candles arranged in the shape of a pentagram, and recite an incantation to Gaia in hopes of fixing their machines. Earlier this month, users kickstarted a petition on Change.org that calls on Apple to recall MacBook Pro units released since late 2016 over the defective keyboard. The petition has garnered about 20,000 signatures. Widely respected iOS developer and Apple commentator Marco Arment tweeted on the news, "We can't know for sure that Apple knew the 2016 keyboards were defective and sold them anyway. But it's hard to see how they couldn't have known. They were released 18 months earlier in the 12" MacBook, and those had the same problems with high failure rates from the start."
The Courts

Illinois To Sue EPA For Exempting Foxconn Plant From Pollution Controls (reuters.com) 127

Last week, Reuters reported that "Illinois' Attorney General said she plans to sue the EPA for allowing a proposed Foxconn plant in neighboring Wisconsin to operate without stringent pollution controls." From the report: On Tuesday, the EPA identified 51 areas in 22 states that do not meet federal air quality requirements for ozone, a step toward enforcing the standards issued in 2015. An exempted area was Racine County, Wisconsin, just north of the Illinois border that is known to have heavily polluted air, where Taiwan-based Foxconn is building a $10 billion liquid-crystal display plant. Pollution monitoring data show the county's ozone levels exceed the 70 parts per billion (ppb) limit. If Racine County had been designated a "non-attainment" area, it would have required Foxconn to install stringent pollution control equipment.

Attorney General Lisa Madigan said she would file a lawsuit in the District of Columbia Circuit Court of Appeals challenging the EPA's ozone designations, saying its failure to name Racine County a "non-attainment" area puts people at risk. "Despite its name, the Environmental Protection Agency now operates with total disregard for the quality of our air and water, and in this case, the U.S. EPA is putting a company's profit ahead of our natural resources and the public's health," Madigan said in a statement.

Cellphones

US Appeals Court Rules Border Agents Need Suspicion To Search Cellphones (reason.com) 116

On Thursday, a federal appeals court ruled that U.S. border agents need some sort of reason to believe a traveler has committed a crime before searching their cellphone. Slashdot reader Wrath0fb0b shares an analysis via Reason, written by Fourth Amendment scholar Orin Kerr: Traditionally, searches at the border don't require any suspicion on the theory that the government has a strong sovereign interest in regulating what enters and exits the country. But there is caselaw indicating that some border searches are so invasive that they do require some kind of suspicion. In the new case, Kolsuz (PDF), the Fourth Circuit agrees with the Ninth Circuit that at least some suspicion is required for a forensic search of a cell phone seized at the border. This is important for three reasons. First, the Fourth Circuit requires suspicion for forensic searches of cell phones seized at the border. Second, it clarifies significantly the forensic/manual distinction, which has always been pretty uncertain to me. Third, it leaves open that some suspicion may be required for manual searches, too.

But wait, that's not all. In fact, I don't think it's the most important part of the opinion. The most important part of the opinion comes in a different section, where the Fourth Circuit adds what seems to be a new and important limit on the border search exception: a case-by-case nexus requirement to the government interests that justify the border search exception. Maybe I'm misreading this passage, but it strikes me as doing something quite new and significant. It scrutinizes the border search that occurred to see if the government's cause for searching in this particular case satisfied "a 'nexus' requirement" of showing sufficient connection between the search and "the rationale for the border search exception," requiring a link between the "predicate for the search and the rationale for the border exception." In other words, the Fourth Circuit appears to be requiring the government to identify the border-search-related interest justifying that particular search in order to rely on the border search exception.
"The analysis is interesting throughout, and it would be a fairly large limitation on digital searches conducted at the border, both in requiring some articulable suspicion for digital searches and in the requirement to justify the relationship between the search and the border inspection," writes Wrath0fb0b.

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