Google

Google Rejects French Order For 'Right To Be Forgotten' 281 281

Last month, French data protection agency CNIL ordered Google to comply with the European "right to be forgotten" order by delisting certain search results not just on the European versions of Google's search engine, but on all versions. Google has now publicly rejected that demand. CNIL has promised a response, and it's likely the case will go before local courts. Google says, This is a troubling development that risks serious chilling effects on the web. While the right to be forgotten may now be the law in Europe, it is not the law globally. Moreover, there are innumerable examples around the world where content that is declared illegal under the laws of one country, would be deemed legal in others: Thailand criminalizes some speech that is critical of its King, Turkey criminalizes some speech that is critical of Ataturk, and Russia outlaws some speech that is deemed to be "gay propaganda." If the CNIL's proposed approach were to be embraced as the standard for Internet regulation, we would find ourselves in a race to the bottom. In the end, the Internet would only be as free as the world's least free place.
Japan

Ex-TEPCO Officials To Be Indicted Over Fukushima 73 73

AmiMoJo writes: Three former executives of Tokyo Electric Power Company will face mandatory indictment over the March 2011 nuclear accident at the Fukushima Daiichi plant. The prosecution inquest panel of randomly-selected citizens voted for the indictment on Friday, for professional negligence resulting in death and injury. "Tokyo prosecutors in January rejected the panel's judgment that the three should be charged, citing insufficient evidence. But the 11 unidentified citizens on the panel forced the indictment after a second vote, which makes an indictment mandatory. The three are former chairman Tsunehisa Katsumata, 75, and former executives Sakae Muto, 65, and Ichiro Takekuro, 69. Citizens' panels, made up of residents selected by lottery, are a rarely used but high-profile feature of Japan's legal system introduced after World War Two to curb bureaucratic overreach."
United States

Germany Won't Prosecute NSA, But Bloggers 94 94

tmk writes: Despite plenty of evidence that the U.S. spied on German top government officials, German Federal Prosecutor General Harald Range has declined to investigate any wrongdoings of the secret services of allied nations like the NSA or the British GCHQ. But after plans of the German secret service "Bundesamt für Verfassungsschutz" to gain some cyper spy capabilities like the NSA were revealed by the blog netzpolitik.org, Hange started an official investigation against the bloggers and their sources. They are now being probed for possible treason charges.
Medicine

NY Judge Rules Research Chimps Are Not 'Legal Persons' 166 166

sciencehabit writes: A state judge in New York has dealt the latest blow to an animal rights group's attempt to have chimpanzees declared 'legal persons.' In a decision handed down this morning, New York Supreme Court Justice Barbara Jaffe ruled that two research chimps at Stony Brook University are not covered by a writ of habeas corpus, which typically allows human prisoners to challenge their detention. The Nonhuman Rights Project, which brought the lawsuit in an attempt to free the primates, has vowed to appeal. We posted news last year about an earlier case (mentioned in the article) brought by the same group, which also ended in defeat.
Piracy

Interviews: Kim Dotcom Answers Your Questions 87 87

Kim Dotcom was the founder of Megaupload, its successor Mega, and New Zealand's Internet Party. A while ago you had a chance to ask him about those things as well as the U.S. government charging him with criminal copyright violation and racketeering. Below you'll find his answers to your questions.
The Courts

Newegg Beats Patent Troll Over SSL and RC4 Encryption 92 92

New submitter codguy writes to note that a few days ago, and after a previous failed attempt to fight patent troll TQP Development in late 2013, Newegg has now beaten this troll in a rematch. From the linked post: "Newegg went against a company that claimed its patent covered SSL and RC4 encryption, a common encryption system used by many retailers and websites. This particular patent troll has gone against over 100 other companies, and brought in $45 million in settlements before going after Newegg." This follows on Intuit's recent success in defending itself against this claim.
The Almighty Buck

Apple and Nike Settle FuelBand Lawsuit 14 14

An anonymous reader writes: Nike and co-defendant Apple have reached an agreement to settle a class action suit that alleged false advertising from the two companies indicating that the FuelBand fitness watch had capabilities to track health. The two companies agreed that Nike would pay $2.4 million out to customers who purchased a FuelBand between January 19, 2012 and June 17, 2015. Apple was a co-defendant in the case, but only Nike has been found liable for falsely advertising the wristband.
The Courts

Georgia Lawmakers Sue Carl Malamud For Publishing Georgia Law 292 292

TechDirt reports that the state of Georgia is unhappy enough with Carl Malamud for publishing the state's own laws that it's sued Malamud for doing so. From the article: The specific issue here is that while the basic Georgia legal code is available to the public, the state charges a lot of money for the "Official Code of Georgia Annotated." The distinction here is fairly important -- but it's worth noting that the courts will regularly rely on the annotations in the official code, which more or less makes them a part of the law itself. The article uses the word "ridiculous" only 10 times; they're taking it easy on the poor legislators.
Communications

An Interview With Hacking Team's CEO 80 80

Alastair Stevenson writes: I talked to the leader of the world's most hated surveillance company about its path to recovery and morals, following a massive attack on its systems. CEO David Vincenzetti, as you might expect, thinks that his company "deserves the protection of law and order," and disclaims (also as you'd expect) responsibility for what its clients do with the privacy-unraveling software it provides: Law enforcement must have a way to do what it has always done, that is to track criminals and prevent or prosecute crime. With the development of global terrorism and especially the ‘lone wolf’ terrorist, this requirement is even more important. Hacking Team has helped fight crime by providing a surveillance tool to law enforcement. The company believes this is a small step toward a more secure world for all who wish to used the Internet and digital tools lawfully.
The Courts

Uber Faces $410 Million Canadian Class Action Suit 245 245

farrellj writes: A class action suit has been filed by the Taxi and Limo drivers and owners in the Province of Ontario in Canada against Uber, demanding CAN$400 million in compensatory damages, $10 million in punitive damages. They claim Uber is violating the Ontario Highway Traffic Act that covers taxis and limos, and has caused them to lose money. They also seek an injunction against Uber operating in Ontario. "This protectionist suit is without merit," Uber said in a statement. "As we saw from a recent court ruling in Ontario, Uber is operating legally and is a business model distinct from traditional taxi services."
Privacy

US Court: 'Pocket-Dialed' Calls Are Not Private 179 179

itwbennett writes: In a case of a pocket-dialed call, a conscientious secretary, and sensitive personnel issues, a federal appeals court in Ohio has ruled pocket-dialers shouldn't have any expectation of privacy. 'Under the plain-view doctrine, if a homeowner neglects to cover a window with drapes, he would lose his reasonable expectation of privacy with respect to a viewer looking into the window from outside of his property,' the court said. The same applies to pocket-dialed calls, according to the court. If a person doesn't take reasonable steps to keep their call private, their communications are not protected by the Wiretap Act.
Facebook

New York Judge Rules Against Facebook In Search Warrant Case 157 157

itwbennett writes: Last year, Facebook appealed a court decision requiring it to hand over data, including photos and private messages, relating to 381 user accounts. (Google, Microsoft, and Twitter, among other companies backed Facebook in the dispute). On Tuesday, Judge Dianne Renwick of the New York State Supreme Court ruled against Facebook, saying that Facebook has no legal standing to challenge the constitutionality of search warrants served on its users.
Advertising

FTC Accuses LifeLock of False Advertising Again 54 54

An anonymous reader writes: You may remember LifeLock — it's the identity protection company whose CEO published his social security number and dared people to steal his identity. Predictably, 13 different people succeeded. LifeLock was later sued for deceptive marketing practices, and eventually settled with the U.S. Federal Trade Commission to the tune of $12 million. Part of that settlement, of course, required that they refrain from misrepresenting their services in the future. Now, the FTC is taking action against them again, saying they failed to live up to that promise. The FTC claims (PDF) LifeLock falsely advertised that it "protected consumers' sensitive data with the same high-level safeguards as financial institutions" and also failed build systems to protect the data they held.
Google

Woman Recruited By Google Four Times and Rejected Now Joins Age Discrimination Suit 634 634

dcblogs writes: An Ivy league graduate, with a Ph.D. in geophysics, Cheryl Fillekes, who also specializes in Linux and Unix systems, was contacted by Google recruiters four separate times over a seven year period. In each instance, she did well enough on the phone interviews to get invited to an in-person interview but was rejected every time for a job. She has since joined an age discrimination lawsuit against Google filed about two months ago by another older worker. "The amended lawsuit also alleges that the U.S. Equal Employment Opportunity Commission (EEOC) received 'multiple complaints of age discrimination by Google, and is currently conducting an extensive investigation.'"
Government

FBI's Hacks Don't Comply With Legal Safeguards 64 64

An anonymous reader writes: The FBI hacks computers. Specifics are scarce, and only a trickle of news has emerged from court filings and FOIA responses. But we know it happens. In a new law review article, a Stanford Ph.D. candidate and privacy expert pulls together what's been disclosed, and then matches it against established law. The results sure aren't pretty. FBI agents deceive judges, ignore time limits, don't tell computer owners after they've been hacked, and don't get 'super-warrants' for webcam snooping. Whatever you think of law enforcement hacking, it probably shouldn't be this lawless.
EU

Europe's Top Court To Decide If Uber Is Tech Firm Or Taxi Company 193 193

An anonymous reader writes: A Spanish judge has requested that the European Court of Justice determine whether or not Uber is a generic "digital service," as it claims, or a "mere transport activity." If the court rules that Uber is a transportation firm the company may have to follow the same licensing and safety rules as taxis and other hired vehicles. "Today's news means that the European Court of Justice will now determine if the national rules currently being applied to digital services like Uber are legal and appropriate under European law," said Mark MacGann, Uber's Head of Public Policy for EMEA, on a conference call with journalists.
The Courts

Class Action Filed Against Sling Media 112 112

New submitter DewDude writes: In case you missed it; Sling Media has been forcing advertisements into video streams from Slingbox devices unless you pay for a client application, which is only an option for Apple, Android, and Windows 8 devices. The issue will now head to the courts, as two plaintiffs have filed a class action suit against Sling Media, claiming the company participated in 'bait-and-switch' tactics by charging users for the hardware, then monetizing the streaming of content. The suit notes that Sling does not own the rights to the programming into which they are inserting advertisements.
EU

Bitcoin Exempt From VAT Says European Court of Justice 72 72

An anonymous reader writes: The European Court of Justice (ECJ) proposes that Bitcoin should be exempt from Value Added Tax (VAT). This news has been positively received by the Bitcoin community in the EU, as member states are not likely going to apply VAT to purchases and sales of Bitcoin. A clear cut argument brought up by Advocate General Juliane Kokott, was that VAT is commonly applied to goods and services which have an end consumer. Bitcoin is neither a good, nor a service and has no end consumer, as Bitcoins are eternally transferable just like normal currency. Bitcoin exchanges such as Coinbase, Kraken, Bitstamp, and Bitfinex will all benefit from this ruling, which may lead to other countries across the globe to follow a similar approach.
Piracy

UK Government Proposes 10-Year Copyright Infringement Jail Term 267 267

An anonymous reader writes: According to a BBC report, the UK government is proposing increasing the jail term for copyright infringement from the current two years to 10 years, which they say would "act as a significant deterrent." "The proposed measures are mainly targeted at the distributors of pirated content — the people creating copies of movies, sometimes before release, and uploading them to be downloaded by thousands upon thousands." Another reader notes a related court ruling in the UK which has once again made it illegal to rip lawfully-acquired CDs and DVDs for personal use. "A judge ruled that the government was wrong legally when it decided not to introduce a compensation scheme for songwriters, musicians, and other rights holders who face losses as a result of their copyright being infringed."
EU

Data Store and Spying Laws Found Illegal By EU Court 64 64

WillAffleckUW writes: The EU High Court found the United Kingdom's data retention (and subsequent storage and analysis) and surveillance laws to be illegal throughout the EU, which subsequently would be an argument in courts in Australia and Canada against their own spy laws. This effectively brings back the rule of law that all EU citizens have a right to privacy that is at the Bill of Rights level, not an easily short-circuited legal basis.

"The judges identified two key problems with the law: that it does not provide for independent court or judicial scrutiny to ensure that only data deemed 'strictly necessary' is examined; and that there is no definition of what constitutes 'serious offenses' in relation to which material can be investigated." It is uncertain that this would apply to U.S. spy laws, as a right of privacy is only inferred by U.S. high courts and is not written into constitutions as it is in the EU, Australia, New Zealand and Canada.