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Data Storage

Morgan Stanley Hard Drives With Client Data Turn Up On Auction Site (nytimes.com) 7

An anonymous reader quotes a report from the New York Times: Morgan Stanley Smith Barney has agreed to pay a $35 million fine to settle claims that it failed to protect the personal information of about 15 million customers, the Securities and Exchange Commission said on Tuesday. In a statement announcing the settlement, the S.E.C. described what it called Morgan Stanley's "extensive failures," over a five-year period beginning in 2015, to safeguard customer information, in part by not properly disposing of hard drives and servers that ended up for sale on an internet auction site.

On several occasions, the commission said, Morgan Stanley hired a moving and storage company with no experience or expertise in data destruction services to decommission thousands of hard drives and servers containing the personal information of millions of its customers. The moving company then sold thousands of the devices to a third party, and the devices were then resold on an unnamed internet auction site, the commission said. An information technology consultant in Oklahoma who bought some of the hard drives on the internet chastised Morgan Stanley after he found that he could still access the firm's data on those devices.

Morgan Stanley is "a major financial institution and should be following some very stringent guidelines on how to deal with retiring hardware," the consultant wrote in an email to Morgan Stanley in October 2017, according to the S.E.C. The firm should, at a minimum, get "some kind of verification of data destruction from the vendors you sell equipment to," the consultant wrote, according to the S.E.C. Morgan Stanley eventually bought the hard drives back from the consultant. Morgan Stanley also recovered some of the other devices that it had improperly discarded, but has not recovered the "vast majority" of them, the commission said.
The settlement also notes that Morgan Stanley "had not properly disposed of consumer report information when it decommissioned servers from local offices and branches as part of a 'hardware refresh program' in 2019," reports the Times. "Morgan Stanley later learned that the devices had been equipped with encryption capability, but that it had failed to activate the encryption software for years, the commission said."
Transportation

Denmark and Germany Now Building the World's Longest Immersed Tunnel (cnn.com) 16

Descending up to 40 meters beneath the Baltic Sea, the world's longest immersed tunnel will link Denmark and Germany, slashing journey times between the two countries when it opens in 2029. CNN Travel reports: After more than a decade of planning, construction started on the Fehmarnbelt Tunnel in 2020 and in the months since a temporary harbor has been completed on the Danish side. It will host the factory that will soon build the 89 massive concrete sections that will make up the tunnel. "The expectation is that the first production line will be ready around the end of the year, or beginning of next year," said Henrik Vincentsen, CEO of Femern A/S, the state-owned Danish company in charge of the project. "By the beginning of 2024 we have to be ready to immerse the first tunnel element."

The tunnel, which will be 18 kilometers (11.1 miles) long, is one of Europe's largest infrastructure projects, with a construction budget of over 7 billion euros ($7.1 billion). [...] It will be built across the Fehmarn Belt, a strait between the German island of Fehmarn and the Danish island of Lolland, and is designed as an alternative to the current ferry service from Rodby and Puttgarden, which carries millions of passengers every year. Where the crossing now takes 45 minutes by ferry, it will take just seven minutes by train and 10 minutes by car. The tunnel, whose official name is Fehmarnbelt Fixed Link, will also be the longest combined road and rail tunnel anywhere in the world. It will comprise two double-lane motorways -- separated by a service passageway -- and two electrified rail tracks.
"Today, if you were to take a train trip from Copenhagen to Hamburg, it would take you around four and a half hours," says Jens Ole Kaslund, technical director at Femern A/S, the state-owned Danish company in charge of the project. "When the tunnel will be completed, the same journey will take two and a half hours."

"Today a lot of people fly between the two cities, but in the future it will be better to just take the train," he adds. The same trip by car will be around an hour faster than today, taking into account time saved by not lining up for the ferry.
AI

Shutterstock Is Removing AI-Generated Images 25

Shutterstock appears to be removing images generated by AI systems like DALL-E and Midjourney. Motherboard reports: On Shutterstock, searches for images tagged "Midjourney" yielded several photos with the AI tool's unmistakable aesthetic, with many having high popularity scores and marked as "frequently used." But late Monday, the results for "Midjourney" seem to have been reduced, leaving mainly stock photos of the tool's logo. Other images use tags like "AI generated" -- one image, for example, is an illustration of a futuristic building with an image description reading "Ai generated illustration of futuristic Art Deco city, vintage image, retro poster." The image is part of a collection the artist titled "Midjourney," which has since been removed from the site. Other images marked "AI generated," like this burning medieval castle, seem to remain up on the site.

As Ars Technica notes, neither Shutterstock nor Getty Images explicitly prohibits AI-generated images in their terms of service, and Shutterstock users typically make around 15 to 40 percent of what the company makes when it sells an image. Some creators have not taken kindly to this trend, pointing out that these systems use massive datasets of images scraped from the web. [...] In other words, the generated works are the result of an algorithmic process which mines original art from the internet without credit or compensation to the original artists. Others have worried about the impacts on independent artists who work for commissions, since the ability for anyone to create custom generated artwork potentially means lost revenue.
Crime

Charter Must Pay $1.1 Billion After Cable Technician Murdered Customer (arstechnica.com) 48

Charter Communications must pay over $1.1 billion to the estate and family of an 83-year-old woman murdered in her home by a Spectrum cable technician, a Dallas County Court judge ruled yesterday. Ars Technica reports: A jury in the same court previously ordered Charter to pay $7 billion in punitive damages and $337.5 million in compensatory damages. Judge Juan Renteria lowered the award in a ruling issued yesterday. The damages are split among the estate and four adult children of murder victim Betty Thomas. Renteria did not change the compensatory damages but lowered the punitive damages awarded to the family to $750 million. Pre-judgment interest on the damages pushes Charter's total liability to over $1.1 billion.

It isn't surprising that the judge lowered the payout, in which the jury decided punitive damages should be over 20 times higher than what Charter is liable for in compensatory damages. A nine-to-one ratio is often used as a maximum because of a 2003 US Supreme Court ruling that said: "In practice, few awards exceeding a single-digit ratio between punitive and compensatory damages, to a significant degree, will satisfy due process." Former Spectrum technician Roy Holden pleaded guilty to the 2019 murder of customer Betty Thomas and was sentenced to life in prison in April 2021. Charter was accused of hiring Holden without verifying his employment history and ignoring a series of red flags about his behavior, which included stealing credit cards and checks from elderly female customers.

Television

Civil Rights Groups Are Calling On Amazon To Cancel 'Ring Nation' Reality Show (vice.com) 53

An anonymous reader quotes a report from Motherboard: On Tuesday, 40 civil rights groups published an open letter calling on MGM Television executives to cancel the studio's upcoming reality show Ring Nation, which will feature former NSA employee and comedian Wanda Sykes presenting humorous surveillance footage captured from Ring doorbell cameras. The groups say the studio is "normalizing and promoting Amazon Ring's dangerous network of surveillance cameras," which, along with the Neighbors app, "violate basic privacy rights, fuel surveillance-based policing that disproportionately targets people of color and threatens abortion seekers, and enables vigilantes to surveil their neighbors and racially profile bystanders."

There's just one potential problem with the well-intentioned campaign: Amazon owns Ring, producer Big Fish Entertainment, and distributor MGM, and it also owns the Prime Video streaming service should it need somewhere to air it. It also has specific partnerships with thousands of police departments around the country should they happen to prove useful. This tower of vertical integration means that Ring Nation is a show designed from the ground up to leverage Amazon's vast monopoly to push its own product on Americans, and it also means that it will probably (but not definitely) be impossible to kill. There's very little chance that MGM executives will push back on the project when it's probably exactly the type of thing Amazon imagined being able to do when it spent $8.5 billion on a merger with MGM this year.
"Ring Nation is not a comedy but rather a propaganda strategy to normalize and further digitize racial profiling in our communities. Truthfully the cognitive dissonance about the dangers of these tools is a real concern. It's striking to see a host who has been such a vocal supporter of racial justice protesters defend the very tech that was used to surveil activists during the uprisings in 2020," said Myaisha Hayes, campaign strategy director at Cancel Ring Nation co-organizer Media Justice, in a statement.

"The Ring Nation reality-TV series is anything but funny. It weaponizes the joy of our daily lives in an attempt to manufacture a PR miracle for scandal-ridden Amazon," Evan Greer, director of co-organizer Fight for the Future, said in a statement. "By normalizing surveillance, it will teach our children to relinquish their privacy in exchange for a quick laugh. In the coming weeks, Fight for the Future, Media Justice, and our org partners will be mobilizing our supporters and forming a loud and fearless coalition of civil rights groups to cancel Ring Nation," Greer said.

The show is set to launch on Sept. 26, though it hasn't been announced which networks will carry it.
Desktops (Apple)

Document Foundation Starts Charging For 'Free' LibreOffice on Apple App Store (theregister.com) 28

The Document Foundation, the organization that tends the open source productivity suite LibreOffice, has decided to start charging for one version of the software. The Register reports: LibreOffice is a fork of OpenOffice and is offered under the free/open source Mozilla Public License Version 2.0. A Monday missive from the Document Foundation reveals the org will begin charging 8.99 euros for the software -- but only when sold via Apple's Mac App Store. That sum has been styled a "convenience fee ... which will be invested to support development of the LibreOffice project."

The foundation suggests paying up in the Mac App Store is ideal for "end users who want to get all of their desktop software from Apple's proprietary sales channel." Free downloads of LibreOffice for macOS from the foundation's site will remain available and arguably be superior to the App Store offering, because that version will include Java. The foundation argued that Apple does not permit dependencies in its store, so it cannot include Java in the 8.99 euro offering. The version now sold in the App Store supersedes a previous offering provided by open source support outfit Collabora, which charged $10 for a "Vanilla" version of the suite and threw in three years of support.
The foundation's marketing officer Italo Vignoli said the change was part of a "new marketing strategy."

"The Document Foundation is focused on the release of the Community version, while ecosystem companies are focused on a value-added long-term supported versions targeted at enterprises," Vignoli explained. "The distinction has the objective of educating organizations to support the FOSS project by choosing the LibreOffice version which has been optimized for deployments in production and is backed by professional services, and not the Community version generously supported by volunteers."

"The objective is to fulfil the needs of individual and enterprise users in a better way," Vignoli added, before admitting "we know that the positive effects of the change will not be visible for some time. Educating enterprises about FOSS is not a trivial task and we have just started our journey in this direction."
Youtube

YouTube Targets TikTok With Revenue Sharing For Shorts, Partner Program Expansion (techcrunch.com) 16

Today, YouTube announced major changes to its YouTube Partner Program, allowing creators to earn ad revenue on Shorts, its TikTok competitor. TechCrunch reports: Now, Shorts creators can qualify for the Partner Program, which allows creators to earn ad revenue from YouTube. The existing Partner Program requires YouTubers to have over 1,000 subscribers and 4,000 watch hours in the last year. Now, Shorts creators can join the Partner Program if they have at least 10 million views on the platform over the last 90 days. As members of the Partner Program, these creators will earn 45% of ad revenue from their videos.

"I'm proud to say this is the first time real revenue sharing is being offered for short form video on any platform at scale," said YouTube Chief Product Officer Neal Mohan. He's right. TikTok has started experimenting with ad revenue sharing, but its efforts seem to focus more on the advertiser than the creator, as only the top 4% of all videos on TikTok can be monetized through its TikTok Pulse program. For the most part, creators have found it increasingly difficult to make money from TikTok's Creator Fund. [...]

YouTube Shorts is poised to become TikTok's biggest competitor. If creators can make more money on Shorts than on TikTok, then they're incentivized to make original content for the YouTube platform. YouTube also shared that this update to the Partner Program will enable the platform to license more music for use in Shorts, which could help encourage creators to use Shorts more often. Creators in the program will be compensated the same, regardless of whether they use licensed music. YouTube also unveiled Creator Music, now in beta testing. Creators can browse a large catalog of songs to purchase for use in their content, with the terms of the music rights spelled out in simple terms. They'll also be able to opt for tracks with new revenue-sharing option where both creators and music rights holders earn money from their content.

EU

Germany's Blanket Data Retention Law Is Illegal, EU Top Court Says (reuters.com) 13

An anonymous reader quotes a report from Reuters: Germany's general data retention law violates EU law, Europe's top court ruled on Tuesday, dealing a blow to member states banking on blanket data collection to fight crime and safeguard national security. The law may only be applied in circumstances where there is a serious threat to national security defined under very strict terms, the Court of Justice of the European Union (CJEU) said. The ruling comes after major attacks by Islamist militants in France, Belgium and Britain in recent years. Governments argue that access to data, especially that collected by telecoms operators, can help prevent such incidents, while operators and civil rights activists oppose such access.

The latest case was triggered after Deutsche Telekom unit Telekom Deutschland and internet service provider SpaceNet AG challenged Germany's data retention law arguing it breached EU rules. The German court subsequently sought the advice of the CJEU which said such data retention can only be allowed under very strict conditions. "The Court of Justice confirms that EU law precludes the general and indiscriminate retention of traffic and location data, except in the case of a serious threat to national security," the judges said. "However, in order to combat serious crime, the member states may, in strict compliance with the principle of proportionality, provide for, inter alia, the targeted or expedited retention of such data and the general and indiscriminate retention of IP addresses," they said.

Facebook

46 States Ask Appeals Court To Reinstate Facebook Lawsuit (reuters.com) 12

A big group of U.S. states, led by New York, has argued to an appeals court that it should reinstate an antitrust lawsuit against Meta's Facebook because of ongoing harm from the company's actions and because the states had not waited too long to file their complaint. From a report: Barbara Underwood, solicitor general of New York which led the group that consists of 46 states, Guam and District of Columbia, said that it was wrong to treat states like a class action and put a limit on when they can sue. States not involved are Alabama, Georgia, South Carolina and South Dakota. She said the states' action was more akin to law enforcement so "laches," which forbids an unreasonable delay in filing, would not apply. She said that Facebook's actions harmed the economy and the marketplace. The states are asking the three-judge panel on U.S. Court of Appeals for the District of Columbia to reinstate a lawsuit filed in 2020, the same time that the U.S. Federal Trade Commission sued the company. Both the FTC and the states had asked the court to order Facebook to sell Instagram, which it bought for $1 billion in 2012, and WhatsApp, which it bought for $19 billion in 2014. The FTC fight with Facebook is going forward.
United States

Advocacy Group Asks FCC To Probe Efficacy of Wireless Industry's Voluntary Phone Unlocking Commitments 21

A public interest group has asked the Federal Communications Commission (FCC) to look at whether the wireless industry's voluntary phone unlocking commitments are even effective, claiming the practice harms competition. From a report: The advocacy group, Public Knowledge, met with FCC staffers last week and filed the comment shortly afterwards, arguing the practice of locking phones to a network makes it "more difficult for consumers to change carriers," reduces the number of devices available on the secondary market, and hurts smaller players on the scene. The nonprofit filed the request as part of an ongoing investigation by the FCC into the State of Competition in the Communications Marketplace, conducted biennially by the agency. The group is hoping the agency will throw its weight behind policy efforts to change this.

Americans can unlock their handsets from the services of the carrier that sold it to them, but the procedure can be a headache. The fact that consumers can unlock them free of charge came about in 2015, when carriers were told to give customers a "penalty-free" way to unlock them under the Unlocking Consumer Choice and Wireless Competition Act. The Act allows "circumvention (unlocking) to be initiated by the owner" but only "when such connection is authorized by the operator of such network" -- after their service contracts expire. Public Knowledge added that the practice of locking phones disadvantages low-income customers and places a "burden on smaller carriers, new entrants, and MVNOs in particular... due to a lack of handset availability," compounded "by the competitive disadvantages caused by agreements between the handset manufacturers and the larger service provides like AT&T, Verizon and T-Mobile, which smaller carriers may not be able to negotiate."
Businesses

Amazon's $1.7 Billion Proposed Purchase of Roomba Maker Under FTC Investigation (wsj.com) 15

Federal antitrust enforcers are investigating Amazon proposal to buy Roomba maker iRobot, according to a securities filing. WSJ: The Federal Trade Commission this week formally requested documents from both companies explaining the proposed $1.7 billion deal's purpose and rationale, iRobot disclosed on Tuesday. The FTC's review is the latest investigation involving Amazon. The agency also is examining Amazon's $3.9 billion deal to buy 1Life Healthcare, which operates One Medical primary-care clinics in 25 U.S. markets.

The filing by iRobot said both companies would cooperate with the FTC's investigation and expect to promptly reply to the FTC's request. After an investigation, which typically takes up to a year, the FTC can sue to block a merger, seek concessions such as divestitures or decline to take action, allowing a deal to close. The FTC under Chairwoman Lina Khan is taking a skeptical view of acquisitions by technology giants, saying the deals often hurt competition and give the incumbent firms control over valuable consumer data. The agency recently sued to block Meta Platforms from acquiring Within Unlimited and its virtual-reality dedicated fitness app, Supernatural. Amazon says it has been "very good stewards of peoples' data across all of our businesses" and that it isn't acquiring iRobot to gather intelligence from inside customers' homes. The Roomba is a consumer-oriented vacuum cleaner that collects data about its users' homes using cameras, sensors, artificial intelligence and machine learning.

Software

Apple To Hike App Store Prices Across Europe and Some Parts of Asia Next Month (theverge.com) 27

Apple says it will increase App Store prices across Europe and in some Asian markets next month as currencies weaken against the strong US dollar. The price increases will effect both in-app purchases and regular apps on the App Store starting on October 5th. From a report: All countries using the Euro, Sweden, South Korea, Chile, Egypt, Malaysia, Pakistan, Vietnam, and Japan will be affected by the price hikes. All Euro markets, except Montenegro, will see the base $0.99 app pricing move to $1.19 next month, a 20 percent jump. In Japan the hikes are more than 30 percent, amid the yen dropping to a new 24-year low against the US dollar.
Businesses

Crypto Market Maker Wintermute Loses $160 Million in DeFi Hack (techcrunch.com) 25

Wintermute, a leading crypto market maker, has lost about $160 million in a hack, a top executive said Tuesday, becoming the latest firm in the industry to suffer a breach. From a report: Evgeny Gaevoy, the founder and chief executive of Wintermute, disclosed in a series of tweets that the firm's decentralized finance operations had been hacked, but centralized finance and over the counter verticals aren't affected. He said that Wintermute -- which counts Lightspeed Venture Partners, Pantera Capital and Fidelity's Avon among its backers -- remains solvent with "twice over that amount in equity left." He assured lenders that if they wish to recall their loans, Wintermute will honor that.
Microsoft

Microsoft Rolls Out Windows 11 2022 Update (windows.com) 74

Microsoft on Tuesday said it's starting to release the first major update to Windows 11, the current version of its PC operating system. The company said the update is aimed at making PCs easier and safer to use and improve productivity. Some excerpts detailing new features from Windows blog: Windows 11 brought a sense of ease to the PC, with an intuitive design people love. We're building on that foundation with new features to ensure the content and information you need is always at your fingertips, including updates to the Start menu, faster and more accurate search, Quick Settings, improved local and current events coverage in your Widgets board, and the No. 1 ask from you, tabs in File Explorer. All of this helps Windows anticipate your needs and save you time. [...] The PC has always been where people come to get things done -- especially when it comes to tackling complex tasks. With enhancements to Snap layouts, the new Focus feature, and performance and battery optimizations, the new Windows 11 2022 update will help you be your most productive yet. Snap layouts on Windows 11 have been a game changer for multitasking, helping people optimize their view when they need to have multiple apps or documents in front of them at the same time. With the new update, we're making Snap layouts more versatile with better touch navigation and the ability to snap multiple browser tabs in Microsoft Edge. We're introducing Focus sessions and Do Not Disturb to help you minimize distractions that pull you away from the task at hand.

[...] We also want to continue to make Windows the best place to play games. This update will deliver performance optimizations to improve latency and unlock features like Auto HDR and Variable Refresh Rate on windowed games. And with Game Pass built right into Windows 11 through the Xbox app, players can access hundreds of high-quality PC games. Having the right content fuels a great PC experience. A year ago, we redesigned the Microsoft Store on Windows to be more open and easier-to-use -- a one-stop shop for the apps, games and TV shows you love. Today, through our partnership with Amazon, we are expanding the Amazon Appstore Preview to international markets, bringing more than 20,000 Android apps and games to Windows 11 devices that meet the feature-specific hardware requirements. In addition to a growing catalog of apps and games, we are also excited to share that we are moving to the next stage of the Microsoft Store Ads pilot -- helping developers get content in front of the right customers. [...] Windows 11 provides layers of hardware and software integrated for powerful, out-of-the box protection from the moment you start your device -- and we're continuing to innovate. The new Microsoft Defender SmartScreen identifies when people are entering their Microsoft credentials into a malicious application or hacked website and alerts them.

Microsoft

Microsoft Commits To Updating Windows 11 Once Per Year, and Also All the Time (arstechnica.com) 40

An anonymous reader shares a report: When ArsTechnica reviewed Windows 11 last fall, one of its biggest concerns was that it would need to wait until the fall of 2022 to see changes or improvements to its new -- and sometimes rough -- user interface. Nearly a year later, it's become abundantly clear that Microsoft isn't holding back changes and new apps for the operating system's yearly feature update. One notable smattering of additions was released back in February alongside a commitment to "continuous innovation." Other, smaller updates before and since (not to mention the continuously-updated Microsoft Edge browser) have also emphasized Microsoft's commitment to putting out new Windows features whenever they're ready.

There's been speculation that Microsoft could be planning yet another major shake-up to Windows' update model, moving away from yearly updates that would be replaced by once-per-quarter feature drops, allegedly called "Moments" internally. These would be punctuated by larger Windows version updates every three years or so. As part of the PR around the Windows 11 2022 Update (aka Windows 11 22H2), the company has made clear that none of this is happening. "Windows 11 will continue to have an annual feature update cadence, released in the second half of the calendar year that marks the start of the support lifecycle," writes Microsoft VP John Cable, "with 24 months of support for Home and Pro editions and 36 months of support for Enterprise and Education editions." These updates will include their own new features and changes, as the 2022 Update does, but you'll also need to have the latest yearly update installed to continue to get additional feature updates via Windows Update and the Microsoft Store. As for the Windows 12 rumors, Microsoft simply told Ars it has "no plans to share today." This stance leaves the company plenty of room to change its plans tomorrow or any day after that. But we can safely say that a new numbered version of Windows won't happen in the near future. For smaller changes that aren't delivered as part of a yearly feature update or via a Microsoft Store update, Microsoft will use something called Controlled Feature Rollout (CFR) to test features with a subset of Windows users rather than delivering them to everyone all at once.

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