Electronic Frontier Foundation

'Toward a Future We Want to Live In' - EFF Celebrates 32nd Birthday (eff.org) 25

"Today at the Electronic Frontier Foundation, we're celebrating 32 years of fighting for technology users around the world," reads a new announcement posted at EFF.org: If you were online back in the 90s, you might remember that it was pretty wild. We had bulletin boards, FTP, Gopher, and, a few years later, homespun websites. You could glimpse a future where anyone, anywhere in the world could access information, float new ideas, and reach each other across vast distances. It was exciting and the possibilities seemed endless.

But the founders of EFF also knew that a better future wasn't automatic. You don't organize a team of lawyers, technologists, and activists because you think technology will magically fix everything — you do it because you expect a fight.

Three decades later, thanks to those battles, the internet does much of what it promised: it connects and lifts up major grassroots movements for equity, civil liberties, and human rights and allows people to connect and organize to counteract the ugliness of the world.

But we haven't yet won that future we envisioned. Just as the web connects us, it also serves as a hunting ground for those who want to surveil and control our actions, those who wish to harass and spread hate, as well as others who seek to monetize our every move and thought. Information collected for one purpose is freely repurposed in ways that oppress us, rather than lift us up. The truth is that digital tools allow those with horrible ideas to connect with each other just as it does those with beautiful, healing ones.

EFF has always seen both the beauty and destructive potential of the internet, and we've always put our marker down on the side of justice, freedom, and innovation.

We work every day toward a future we want to live in, and we don't do it alone. Support from the public makes every one of EFF's activism campaigns, software projects, and court filings possible. Together, we anchor the movement for a better digital world, and ensure that technology supports freedom, justice, and innovation for all people of the world.

In fact, I invite every digital freedom supporter to join EFF during our summer membership drive. Right now, you can be a member for as little as $20, get some special new gear, and ensure that tech users always have a formidable defender in EFF.

So how does the EFF team celebrate this auspicious anniversary? EFF does what it does best: stand up for users and innovators in the courts, in the halls of power, in the public conversation. We build privacy-protecting tools, teach skills to community members, share knowledge with allies, and preserve the best aspects of the wild web.

In other words, we use every tool in our deep arsenal to fight for a better and brighter digital future for all. Thank you for standing with EFF when it counts.

Apple

An Apple Store's Workers Just Successfully Voted to Unionize (cnn.com) 104

CNN reports that Apple workers in Towson, Maryland have voted to form the first-ever labor union at one of Apple's U.S. stores: The landmark union election concluded on Saturday evening with 65 workers voting for the unionization and 33 against it, a nearly two-to-one margin in favor of the union, according to a preliminary tally from the National Labor Relations Board.

The victory for union organizers at the Apple store in the Towson Town Center, a mall near Baltimore, comes amid a broader wave of workplace activism that has emerged in the wake of the Covid-19 pandemic. The US labor market has tipped much more strongly in favor of workers over the past two years. There are now roughly twice as many job openings as there are unemployed people looking for work, leaving employers scrambling to fill jobs... That has made employees who are dissatisfied with their jobs more willing to demand better working conditions, including through unionization.

The major issue driving the organizing vote was workers wanting to have a say in the way the store is run, said Christie Pridgen, a technical expert at the store and one of the organizers. Pridgen, 34, said she's worked at the store for more than 8 years. "Compensation is important, considering the cost of living in general and inflation, but the bigger thing is having a say," she told CNN Business Saturday night after the vote. "That was the most important thing to me." Pridgen said workers having a say in hours and scheduling and being involved in establishing safety protocols during the pandemic were the big issues. "We wanted a say in the policies that affect our lives," she said, adding that she wasn't surprised by the outcome of the vote, but was relieved.

"I knew I wasn't alone in being frustrated," she said.

"An Apple spokesperson declined to comment on the vote."
United States

Climate Worries Galvanize a New Pro-Nuclear Movement in the US (washingtonpost.com) 272

As states race to keep plants open, California becomes a test case of how much the tide has shifted. From a report: Charles Komanoff was for decades an expert witness for groups working against nuclear plants, delivering blistering critiques so effective that he earned a spot at the podium when tens of thousands of protesters descended on Washington in 1979 over the Three Mile Island meltdown. Komanoff would go on to become an unrelenting adversary of Diablo Canyon, the hulking 37-year-old nuclear facility perched on a pristine stretch of California's Central Coast that had been the focal point of anti-nuclear activism in America. But his last letter to California Gov. Gavin Newsom, in February, was one Komanoff never expected to write. He implored Newsom to scrap state plans to close the coastal plant. "We're going to have to give up some of our long-held beliefs if we are going to deal with climate," Komanoff said in an interview. "I am still a solar and wind optimist. But I am a climate pessimist. The climate is losing."

Komanoff's conversion is emblematic of the rapidly shifting politics of nuclear energy. The long controversial power source is gaining backers amid worries that shutting U.S. plants, which emit almost no emissions, makes little sense as governments race to end their dependence on fossil fuels and the war in Ukraine heightens worries about energy security and costs. The momentum is driven in large part by longtime nuclear skeptics who remain unsettled by the technology but are now pushing to keep existing reactors running as they face increasingly alarming news about the climate.

The latest report from the U.N. Intergovernmental Panel on Climate Change, published in April, warned that the world is so dangerously behind on climate action that within a decade it could blow past the targets crucial to containing warming to a manageable level. Emissions analysts are increasingly critical of retirements of existing nuclear reactors as they take large amounts of low-emissions power off the grid, undermining the gains made as sources such as wind and solar come online. The movement to keep plants open comes despite persistent worries about toxic waste and just a decade after the nuclear disaster at Japan's Fukushima plant. It has been boosted by growing public acceptance of nuclear power and has nurtured an unlikely coalition of industry players, erstwhile anti-nukers, and legions of young grass-roots environmental activists more worried about climate change than nuclear accidents.

Businesses

Unionization Wave 'Swelling' in Seattle, with Votes at Local Verizon, Amazon Fresh, and Starbucks Stores (seattletimes.com) 103

The Seattle Times surveys the landscape after a historic unionization vote at an Amazon warehouse in New York — and finds the same sentiments are spurring activism by workers three timezones away: As the world watched thousands of Amazon warehouse workers in New York form on Friday the company's first U.S. union, a handful of employees of a Seattle thrift store celebrated their own victory. Sixteen workers at Crossroads Trading Co. in search of higher wages, more hours and better benefits voted unanimously Wednesday to form a union at the chain's store in Seattle's Capitol Hill neighborhood. Organizers at Crossroads said they built off the momentum and union support in the neighborhood from another successful union drive at a Starbucks store just a few blocks away.

Now, a group of security workers who have contracts with Amazon, Microsoft and Sound Transit are taking a similar tack, hoping to use the swell of enthusiasm created by Amazon workers in Staten Island to bring more workers in Seattle into the union fold....

Since Amazon Labor Union started organizing — unofficially with a walkout in 2020 in protest of the company's treatment of workers amid the COVID-19 pandemic — the union wave appears to have swelled in the Seattle area. A group of workers at an Amazon Fresh store in Seattle's Central District organized to form Amazon Workers United, and now three more stores in the area are starting their own drives, according to organizer Joseph Fink. Workers at Verizon retail stores in Everett and Lynnwood are currently casting votes in a union election. Ballots were sent to workers in March and votes will be counted this month. In Seattle, a Starbucks retail store on Capitol Hill became the first unionized store in the region....

Watching workers at companies including Starbucks and Amazon face anti-union tactics did stoke fears of retaliation for union efforts at Crossroads, said Emma Mudd, a sales associate and one of the lead union organizers. But it exposed the playbook that companies might follow — and showed what workers could do to push back, engage one another and put public pressure on the company.

"It was helpful to have tangible examples, because we did have conversations to prepare for union busting," Mudd said. "It was really helpful to see how those workers were able to push through it."

Sci-Fi

Activist Publishes Redacted Version of Classified Military UFO Report (vice.com) 96

An anonymous reader quotes a report from Motherboard: Last June, the Department of Defense released a long-awaited and much-hyped document called "Preliminary Assessment: Unidentified Aerial Phenomena," detailing the government's knowledge of UFOs and its programs trying to detect and catalog them. Many UFOlogists hoped that the "UFO report" would be a watershed moment in the field, showing that the government was taking UFOs seriously and, perhaps, explaining what the government thought they were. Unfortunately, the nine-page report was pretty underwhelming; for the most part it revealed things we already knew, and read primarily like a plea from the DoD for more funding. Tantalizingly, we were told that members of Congress received a classified briefing with more information that would likely never be released to the public.

John Greenewald, the government transparency virtuoso behind the Black Vault, however, has a gift for us today: A redacted version of the classified report, obtained by filing a mandatory declassification review. This version of the report is longer and much more interesting -- detailing, for example, the most "common shapes" of UFOs spotted by the military. Certain sections of the classified report, such as one called "And a Handful of UAP Appear to Demonstrate Advanced Technology," have far more detail on specific incidents that the Department of Defense cannot explain and that are not mentioned in the public report, including seemingly two different incidents witnessed by multiple pilots and officers in the Navy. A section called "UAP Probably Lack a Single Explanation" seemingly attempts to go into greater depth exploring what those explanations could be, and also has an extra redacted paragraph about what the DoD believes could be attributed to "Foreign Adversary Systems."

Most interestingly, redacted figures, images, and diagrams in the classified reports explain what the DoD believes to be the most "common shapes" of UFOs, as well as "less common/irregular shapes." These sections are completely omitted in the public report and are unfortunately redacted in the version of the report obtained by Greenewald. The classified report also explains that the FBI has investigated and will continue to investigate UFOs in an attempt to ascertain the causes of the phenomena; a redacted section seems to explain which instances it has investigated. "Given the national security implications associated with potential threats posed by UAP operating in close proximity to sensitive military activities, installations, critical infrastructure, or other national security sites, the FBI is positioned to use its investigative capabilities and authorities to support deliberate DoD and interagency efforts to determine attribution," the report reads.

Businesses

Amazon Activist's Firing Deemed Illegal by Labor Board Officials (yahoo.com) 40

America's National Labor Relations Board is an independent agency of the federal government that enforces U.S. labor law.

And its prosecutors "plan to formally accuse Amazon.com of illegally firing an activist who was trying to unionize its New York warehouses," as well as other violations of the law, reports Bloomberg — unless Amazon settles the case first.

New York Focus reports that the fired worker had commuted from a homeless shelter to Amazon's fulfillment center on New York's Staten Island — a facility where Amazon has held mandatory anti-union meetings. But it's not the only place there's been tension between Amazon and union organizers: In March, an NLRB investigation into the firing of Queens Amazon warehouse worker and labor leader Jonathan Bailey found that the company illegally interrogated and threatened him. NBC News reported that eight other workers also said "they had been fired, disciplined or retaliated against for protected activity." A month later, the NLRB found that Amazon had illegally retaliated against Emily Cunningham and Maren Costa, who was fired in 2020 for their workplace activism while employed at Amazon's headquarters in Seattle
The Amazon Labor Union (founded by current and former Amazon employees) "has filed a petition to hold an election at four of the e-commerce giant's facilities in Staten Island," Bloomberg reported Friday. And an official for the group told Bloomberg it could galvanize support for a union if they could get the fired worker reinstated. "It would be monumental for him to go back to the same building that he was terminated from and speak his truth and let workers know that it's OK to speak out." Amazon has been grappling with an unprecedented wave of activism and organizing in North America, including walkouts over safety concerns in Staten Island and elsewhere, as well as unionization drives in Alabama, Canada and New York.... In December, Amazon reached a settlement with the labor board requiring the company to inform workers nationwide of their legal rights and to let employees organize on its property during their time off.
Google

Google Had Secret Project To 'Convince' Employees 'That Unions Suck' (vice.com) 173

An anonymous reader quotes a report from Motherboard: A National Labor Relations Board ruling sheds light on a highly secret anti-union campaign at Google, that a top executive explicitly described as an initiative to "convince [employees] that unions suck." The campaign was called Project Vivian, and ran at Google between late 2018 and early 2020 to combat employee activism and union organizing efforts at the company, according to court documents. Google's director of employment law, Michael Pfyl, described Project Vivian as an initiative "to engage employees more positively and convince them that unions suck."

In his January 7 ruling, a NLRB judge wrote that Google must "immediately" produce 180 internal documents that he reviewed related to Google's Project Vivian campaign, including the document with Pfyl's description. Google has so far refused to hand over these documents to an attorney representing aggrieved former Google employees, citing attorney client privilege. The fired employees filed a subpoena for these documents as part of an ongoing NLRB lawsuit against the company. Google fired the workers in 2019 after they organized against the company's contracts with immigration detention agencies. In late 2020, the NLRB issued a federal complaint against Google for illegally firing and surveilling the four software engineers. Google claimed at the time and maintains that it fired them for breaching security protocols. In 2019, Google employees discovered that Google had hired a union avoidance firm called IRI Consultants. IRI Consultants is known for assisting employers in anti-union campaigns by collecting information on workers' personalities, finances, work ethic, motivations, and ethnicity in order to defeat union drives. At the time, Google was facing an unprecedented wave of employee protests and activism for issues related to sexual harassment, contracts with Department of Defense and Customers and Border Protection.

In his ruling on the documents related to Project Vivian, the NLRB judge describes evidence he reviewed of a situation where a Google attorney proposed to find a "respected voice to publish an OpEd outlining what a unionized tech workplace would look like, and counseling employees of FB (Facebook), MSFT(Microsoft), Amazon, and google (sic) not to do it." Kara Silverstein, Google's human resources director said that she "like[d] the idea" of the op-ed, but that it should be executed so that "there would be no fingerprints and not Google specific." IRI Consultants eventually provided a proposed draft of the op-ed to a Google attorney, according to the judge's report. The secret documents pertaining to Google's Project Vivian also reveal that "the decision to hire IRI was not made by lawyers but by a group composed primarily of non-attorneys" including Silverstein, Google's human resources director and Danielle Brown, Google's vice president of employee engagement. Project Vivian also included discussions of Google employees' "opposition to mandatory arbitration," the judge's report says. Ending forced arbitration at Google has previously been a crucial rallying point for employee activists at Google. The company agreed to end mandatory arbitration in February 2019, following employee protests.
"The underlying case here has nothing to do with unionization, it's about employees breaching clear security protocols to access confidential information and systems inappropriately," a Google spokesperson said. "We disagree with the characterization of the legally privileged materials referred to by the complainants. As we've stated, our teams engage with dozens of outside consultants and law firms to provide us with advice on a wide range of topics, including employer obligations and employee engagement. This included IRI Consultants for a short period. However, we made a decision in 2019 not to use the materials or ideas explored during this engagement, and we still feel that was the right decision."
Social Networks

What's Behind the 'Birds Aren't Real' Protests? (yahoo.com) 169

It's not your everyday fake news, explains the New York Times. (Alternate URLs here.) In Pittsburgh; Memphis, Tennessee; and Los Angeles, massive billboards recently popped up declaring, "Birds Aren't Real." On Instagram and TikTok, Birds Aren't Real accounts have racked up hundreds of thousands of followers, and YouTube videos about it have gone viral. Last month, Birds Aren't Real adherents even protested outside Twitter's headquarters in San Francisco to demand that the company change its bird logo.

The events were all connected by a Gen Z-fueled conspiracy theory, which posits that birds do not exist and are really drone replicas installed by the U.S. government to spy on Americans. Hundreds of thousands of young people have joined the movement, wearing Birds Aren't Real T-shirts, swarming rallies and spreading the slogan. It might smack of QAnon, the conspiracy theory that the world is controlled by an elite cabal of child-trafficking Democrats. Except that the creator of Birds Aren't Real and the movement's followers are in on a joke: They know that birds are, in fact, real and that their theory is made up.

What Birds Aren't Real truly is, they say, is a parody social movement with a purpose. In a post-truth world dominated by online conspiracy theories, young people have coalesced around the effort to thumb their nose at, fight and poke fun at misinformation. It is Gen Z's attempt to upend the rabbit hole with absurdism... Most Birds Aren't Real members, many of whom are part of an on-the-ground activism network called the Bird Brigade, grew up in a world overrun with misinformation. Some have relatives who have fallen victim to conspiracy theories. So for members of Gen Z, the movement has become a way to collectively grapple with those experiences. By cosplaying conspiracy theorists, they have found community and kinship [according to 23-year-old Peter McIndoe, who created Birds Aren't Real on a whim in 2017...]

Cameron Kasky, 21, an activist from Parkland, Florida, who helped organize the March for Our Lives student protest against gun violence in 2018 and is involved in Birds Aren't Real, said the parody "makes you stop for a second and laugh. In a uniquely bleak time to come of age, it doesn't hurt to have something to laugh about together."

McIndoe began selling Birds Aren't Real merchandise in 2018, according to the article, and now brings in "several thousand dollars a month" with some help from his friend Connor Gaydos.

"If anyone believes birds aren't real," Gaydos tells the Times, "we're the last of their concerns, because then there's probably no conspiracy they don't believe."
DRM

FSF's Anti-DRM Campaign Plans Bad-Review Protest Against Disney+ (fsf.org) 76

For their fifteenth International Day Against DRM this Friday, the Free Software Foundation's "Defective by Design" campaign is "calling on you to help us send a message to purveyors of Digital Restrictions Management (DRM)".

And this year they're targeting Disney+ The ongoing pandemic has only tightened the stranglehold streaming services have as some of the most dominant forms of entertainment media, and Disney+ is among the worst of them. After years of aggressive lobbying to extend the length of copyright, based on their perceived need to keep a certain rat from entering the public domain, they've now set their sights on "protecting" their various franchises in a different way: by shackling them with digital restrictions. If Disney's stated mission is to keep "inspiring hope and sparking the curiosity of all ages", using DRM to limit that curiosity remains the wrong move.

This year, we'll be using one of Disney's own means of spreading their "service" and the DRM bundled with it: their mobile app. If you're an existing user of the Google Play (Android) or Apple App Stores, you can support the International Day Against DRM by voicing your objection to Disney's subjugation of their users. Streaming services like Netflix and Peacock have the same issues, but by targeting a newer one with such massive investment and capital behind it, we can make sure that we're heard. Disney+ is new: that gives it time to change.

Disney+ is placed near the top of the most frequently downloaded apps on both the Google Play and Apple App Stores. We invite you to write a well-thought objection to Disney's use of DRM, with a fitting review. It is the perfect way to let the corporation, and other users intending to use its services know Disney's grievous mistake in using DRM to restrict customers who already want to view their many films and television shows. It will give you a chance to give them the exact rating that any service that treats its users so poorly: a single star.

DRM isn't the only problem with the Disney+ app. It's also nonfree software. If you're not already an Android or iOS user, we don't recommend starting an account just to participate in this action. You can also choose to send an email to Disney executives following our template.

They're urging supporters to also share the actions they've taken on social media using the tag #DayAgainstDRM. (And there's also an IRC channel "to discuss and share strategies for anti-DRM activism," with more anti-DRM actions still to come.

"While some aspects of the struggle have changed, the core principles remain the same: users should not be forced to surrender their digital autonomy in exchange for media."
Facebook

Activist Facebook Group Shuts Down Marketers Selling Dangerous 'Magic Dirt' on Facebook (nbcnews.com) 204

NBC News tells the hair-raising tale of Black Oxygen Organics (or "BOO" for short). Put more simply, the product is dirt — four-and-a-half ounces of it, sealed in a sleek black plastic baggie and sold for $110 plus shipping. Visitors to the Black Oxygen Organics website, recently taken offline, were greeted with a pair of white hands cradling cups of dirt like an offering. "A gift from the Ground," it reads. "Drink it. Wear it. Bathe in it." BOO, which "can be taken by anyone at any age, as well as animals," according to the company, claims many benefits and uses, including improved brain function and heart health, and ridding the body of so-called toxins that include heavy metals, pesticides and parasites. By the end of the summer, online ads for BOO had made their way to millions of people within the internet subcultures that embrace fringe supplements, including the mixed martial arts community, anti-vaccine and Covid-denier groups, and finally more general alternative health and fake cure spaces.... "Who would have thought drinking dirt would make me feel so so good?" one person in a 27,000-member private Facebook group posted, her face nuzzling a jar of black liquid....

Teams of sellers in these private Facebook groups claim that, beyond cosmetic applications, BOO can cure everything from autism to cancer to Alzheimer's disease.... But there may be an incentive for the hyperbole... Participation in multi-level marketing (MLM) boomed during the pandemic with 7.7 million Americans working for one in 2020, a 13 percent increase over the previous year, according to the Direct Selling Association, the trade and lobbying group for the MLM industry. Wellness products make up the majority of MLM products, and, as the Federal Trade Commission noted, some direct sellers took advantage of a rush toward so-called natural remedies during the pandemic to boost sales. More than 99 percent of MLM sellers lose money, according to the Consumer Awareness Institute, an industry watchdog group...

The secret to dealing dirt seems to be Facebook, where sellers have created dozens of individual groups that have attracted a hodgepodge of hundreds of thousands of members.

NBC News had a bag analyzed by a professor of soil and environmental science at Ohio State University. It found two doses per day "exceeded Health Canada's limit for lead, and three doses for daily arsenic amounts." Growing concern among BOO sellers about the product — precipitated by an anti-MLM activist who noticed on Google Earth that the bog that sourced BOO's peat appeared to share a border with a landfill — pushed several to take matters into their own hands, sending bags of BOO to labs for testing. The results of three of these tests, viewed by NBC News and confirmed as seemingly reliable by two soil scientists at U.S. universities, again showed elevated levels of lead and arsenic. Those results are the backbone of a federal lawsuit seeking class action status filed in November in Georgia's Northern District court. The complaint, filed on behalf of four Georgia residents who purchased BOO, claims that the company negligently sold a product with "dangerously high levels of toxic heavy metals," which led to physical and economic harm.

Black Oxygen Organics did not respond to requests for comment concerning the complaint.

The anti-MLM forces also formed Facebook groups, monitoring Facebook's pro-Boo sales groups and even documenting sales and company meetings — then filed official complaints with Amreica's product-regulating Federal Trade Commission and the Food and Drug Administration. And it all ended badly for Boo... According to BOO President Carlo Garibaldi, they had weathered the FTC complaints, the FDA seizures, the Health Canada recalls and the online mob. But the "fatal blow" came when their online merchant dropped them as clients....

Members of anti-BOO groups celebrated. "WE DID IT!!!!!!" Ceara Manchester, the group administrator, posted to the "Boo is Woo" Facebook group. "I hope this is proof positive that if the anti-MLM community bans together we can take these companies down. We won't stop with just BOO. A new age of anti-MLM activism has just begun."

In a separate Zoom meeting unattended by executives and shared with NBC News, lower-rung sellers grappled with the sudden closure and the reality that they were out hundreds or thousands of dollars.

Encryption

Cryptographers Aren't Happy With How You're Using the Word 'Crypto' (theguardian.com) 99

Cryptographers are upset that "crypto" sometimes now refers to cryptocurrency, reports the Guardian: This lexical shift has weighed heavily on cryptographers, who, over the past few years, have repeated the rallying cry "Crypto means cryptography" on social media. T-shirts and hoodies trumpet the phrase and variations on it; there's a website dedicated solely to clarifying the issue. "'Crypto' for decades has been used as shorthand and as a prefix for things related to cryptography," said Amie Stepanovich, executive director of Silicon Flatirons Center at the University of Colorado Law School and creator of the pro-cryptography T-shirts, which have become a hit at conferences. "In fact, in the term cryptocurrency, the prefix crypto refers back to cryptography...."

[T]here remains an internecine feud among the tech savvy about the word. As Parker Higgins of the Freedom of the Press Foundation, who has spent years involved in cryptography activism, pointed out, the cryptography crowd is by nature deeply invested in precision — after all, designing and cracking codes is an endeavor in which, if you get things "a little wrong, it can blow the whole thing up...."

"Strong cryptography is a cornerstone of the way that people talk about privacy and security, and it has been under attack for decades" by governments, law enforcement, and "all sorts of bad actors", Higgins said. For its defenders, confusion over terminology creates yet another challenge.

Stepanovich acknowledged the challenge of opposing the trend, but said the weight of history is on her side. "The study of crypto has been around for ever," she said. "The most famous code is known as the Caesar cipher, referring to Julius Caesar. This is not new." Cryptocurrency, on the other hand, is a relatively recent development, and she is not ready to concede to "a concept that may or may not survive government regulation".

DRM

FSF Celebrates New Copyright Exemptions, But Renews Call For Repealing all DRM Laws (fsf.org) 34

After the U.S. Copyright Office's once-every-three-years review of allowed exemptions, "We have some good news to share...." reads a new announcement this week from the Free Software Foundation: The FSF was one of several activist organizations pushing for exemptions to the anticircumvention rules under the Digital Millennium Copyright Act (DMCA) that make breaking Digital Restrictions Management (DRM) illegal, even for ethical and legitimate purposes. We helped bring public awareness to a process that is too often only a conversation between lawyers and bureaucrats.

As of late last week, there are now multiple new exemptions that will help ease some of the acute abuse DRM inflicts on users.

However, the main lesson to be learned here is that we should and must keep pushing. Individual, specific exemptions are not enough. The entire anticircumvention law needs to be repealed. We want to thank the 230 individuals who co-signed their names to our comments supporting exemptions across the board. We should take this as a sign that even though it can be difficult, anti-DRM activism yields practical results.

Section 1201 is one of the most nefarious sections of the DMCA. The provisions contained in 1201 impose legal penalties against anyone trying to circumvent the DRM on their software and devices or, in other words, anyone who tries to control that software or device themselves instead of leaving it up to its corporate overlords.... It takes the hard work of hundreds to secure the anticircumvention use exemptions we already have, and even more work to eke out a few more. Yet thanks to the support of citizens, activists, and researchers around the world, the U.S. Copyright Office has approved a few more, while at the same time demonstrating the DMCA's serious flaws.

In coverage of the new round of anticircumvention exemptions we've seen so far, something that stands out is the U.S. Copyright Office's approval for blind users to break the digital restrictions preventing any ebooks from being processed through a screen reader. At least at first glance, it looks like a big win for all of us concerned with user freedom, but a closer look shows something more sinister, as the U.S. Copyright Office refused to make this exemption permanent. The message this sends to all user freedom activists, but especially the visually impaired among us, is: "we're giving you this now because it would seem inhumane otherwise, but we hope that you'll forget to fight for it later so we can allow corporations to keep on restricting you...."

[P]articipating organizations have been able to make progress on other important exemptions, whether that's the right to install free software on wireless routers or the right to repair dedicated devices like game consoles. It's the coalescing of groups like these that is "chipping away" at Section 1201. At the same time, it's telling that we're forced to fight tooth and nail for the meager exemptions we're granted, even with such a broad base of support. The corporations who have a vested interest in the DMCA and Congress itself are content with the status quo, but we shouldn't be content with patches on a broken system. Incremental progress against Section 1201 is of course a good thing, but we shouldn't lose sight of our goal as user freedom activists: a complete repeal of Section 1201, and all other laws that codify or mandate DRM.

The Defective by Design campaign takes a radical stance when it comes to DRM and the laws that support it. We believe that they should not exist at all, under any circumstance, and we need your help to support this mission....

Facebook

Facebook is Subcontracting Its Content Moderation for Hundreds of Millions of Dollars (nytimes.com) 48

"For years, Facebook has been under scrutiny for the violent and hateful content that flows through its site...." reports the New York Times. "But behind the scenes, Facebook has quietly paid others to take on much of the responsibility. Since 2012, the company has hired at least 10 consulting and staffing firms globally to sift through its posts, along with a wider web of subcontractors, according to interviews and public records."

Facebook's single biggest partner for content moderating is Accenture, the Times adds. "Facebook has signed contracts with it for content moderation and other services worth at least $500 million a year, according to The Times's examination." Accenture employs more than a third of the 15,000 people whom Facebook has said it has hired to inspect its posts... Their contracts, which have not previously been reported, have redefined the traditional boundaries of an outsourcing relationship. Accenture has absorbed the worst facets of moderating content and made Facebook's content issues its own. As a cost of doing business, it has dealt with workers' mental health issues from reviewing the posts. It has grappled with labor activism when those workers pushed for more pay and benefits. And it has silently borne public scrutiny when they have spoken out against the work.

Those issues have been compounded by Facebook's demanding hiring targets and performance goals and so many shifts in its content policies that Accenture struggled to keep up, 15 current and former employees said. And when faced with legal action from moderators about the work, Accenture stayed quiet as Facebook argued that it was not liable because the workers belonged to Accenture and others. "You couldn't have Facebook as we know it today without Accenture," said Cori Crider, a co-founder of Foxglove, a law firm that represents content moderators. "Enablers like Accenture, for eye-watering fees, have let Facebook hold the core human problem of its business at arm's length...."

The firm soon parlayed its work with Facebook into moderation contracts with YouTube, Twitter, Pinterest and others, executives said. (The digital content moderation industry is projected to reach $8.8 billion next year, according to Everest Group, roughly double the 2020 total.) Facebook also gave Accenture contracts in areas like checking for fake or duplicate user accounts and monitoring celebrity and brand accounts to ensure they were not flooded with abuse...

Each U.S. moderator generated $50 or more per hour for Accenture, two people with knowledge of the billing said. In contrast, moderators in some U.S. cities received starting pay of $18 an hour.

Google

Google Says Staff Have No Right To Protest Its Choice of Clients (bloomberg.com) 358

An anonymous reader quotes a report from Bloomberg: Google employees have no legal right to protest the company's choice of clients, the internet giant told a judge weighing the U.S. government's allegations that its firings of activists violated the National Labor Relations Act. "Even if Google had, for the sake of argument, terminated the employees for their protest activities -- for protesting their choice of customers -- this would not violate the Act," Google's attorney Al Latham said in his opening statement Tuesday at a labor board trial. National Labor Relations Board prosecutors have accused the Alphabet Inc. unit of violating federal law by illegally firing five employees for their activism. Three of those workers' claims had originally been dismissed under President Donald Trump, because agency prosecutors concluded that their opposition to the company collaborating with immigration enforcement wasn't legally protected, according to their lawyer. But that decision was reversed after President Joe Biden fired and replaced the labor board's general counsel.

Google has been roiled over the past four years by a wave of activism by employees challenging management over issues including treatment of sub-contracted staff, handling of sexual harassment, and a contract with the U.S. Customs and Border Protection agency, which some of the fired workers accessed internal information about and circulated a petition against. Google has denied wrongdoing, saying in a Monday statement that it encourages "open discussion and debate" but terminated staff in response to violations of its data security policies. "Google terminated these employees not because of their protest as such, but because in the pursuit of their protest, they accessed highly confidential information that they had no right to access," its attorney told the judge Tuesday.

Federal labor law prohibits retaliating against employees for collective action related to their working conditions, but the exact scope of that protection has been debated for decades. Biden's appointees have signaled they interpret the scope of what that covers much more broadly than their Trump-era predecessors. Latham said he isn't aware of any case in the labor board's eight decades of existence in which it has held "an employer's choice of customer" to be an issue workers have a right to protest. "What we have here is a protest that does not seek to improve employees' terms and conditions of employment," but rather "a purely political protest that sought to use Google's government contracts, or potential government contracts, as leverage," he said.

Businesses

Amazon Begins New Chapter as Bezos Hands Over CEO Role (bloomberg.com) 69

Amazon founder Jeff Bezos stepped down as CEO on Monday, handing over the reins as the company navigates the challenges of a world fighting to emerge from the coronavirus pandemic. From a report: Andy Jassy, who ran Amazon's cloud-computing business, replaced Bezos, a change the company announced in February. Bezos, Amazon's biggest shareholder with a stake worth about $180 billion, will still hold sway over the company he started out of his Seattle garage in 1995. He takes over the role of executive chair, with plans to focus on new products and initiatives. Jassy takes the helm of a $1.7 trillion company that benefited greatly from the pandemic, more than tripling its profits in the first quarter of 2021 and posting record revenue as customers grew ever more dependent on online shopping. At the same time, Amazon faces activism from a restive workforce just as a rapid economic recovery causes a labor crunch that has retailers, manufacturers and other companies competing for workers with higher wages and other benefits. The company defeated an attempt by workers to unionize at an Alabama warehouse earlier this year, but faces a more formidable challenge as the International Brotherhood of Teamsters launches a broader effort to unionize Amazon workers.
Privacy

'Fourth Amendment Is Not For Sale Act' Would Ban Clearview and Warrantless Location Data Purchases (vice.com) 83

A sweeping proposed piece of legislation with support from both Democrats and Republicans will ban law enforcement agencies from buying data from controversial firm Clearview AI, as well as force agencies to obtain a warrant before sourcing location data from brokers. From a report: The news presents significant action against two of the main avenues of law enforcement surveillance uncovered in recent years: the widespread proliferation of facial recognition technology using images scraped from social media, and the warrantless supply chain of location data from ordinary smartphone apps, through middlemen, and eventually to agencies. "The Fourth Amendment Is Not For Sale Act is, in my view, a critically important bill that will prevent agencies from circumventing core constitutional protections by purchasing access to data they would otherwise need a warrant to obtain," Kate Ruane, senior legislative counsel at the American Civil Liberties Union (ACLU), told Motherboard in a phone call. The ACLU and a host of civil, digital, and race activism groups have endorsed the bill, according to the office of Senator Ron Wyden, which has spearheaded the legislation. "I think it is a clear and good step for Congress to take, and I hope that the bill moves forward quickly,' Ruane added.
Businesses

Amazon Workers Vote Down Alabama Union Campaign (theverge.com) 210

Amazon employees at a Bessemer, Alabama warehouse have voted against unionizing the facility's roughly 5,800-person workforce. From a report: The National Labor Relations Board (NLRB) has tallied 1,700 "no" votes on the measure, more than half of the 3,215 ballots cast by employees at the BHM1 fulfillment center. Roughly 700 votes that have been counted voted in favor of the union, and approximately 500 of the total ballots were contested, mostly by Amazon. Workers voted in February and March by mail over whether to join the Retail, Wholesale and Department Store Union (RWDSU), a possibility Amazon fought with anti-union meetings and other aggressive measures. BHM1 is only the second US Amazon facility to hold a union vote, following a far smaller group of warehouse technicians in Delaware. If workers had approved the union, it would have become the largest group to gain representation in a single NLRB election since 1991.

Amazon workers outside BHM1 have carried out more informal activism, including during the coronavirus pandemic, when employees claimed that Amazon had failed to reveal COVID-19 cases and provide adequate protective measures. In complaints obtained by news outlets, the NLRB determined that Amazon illegally retaliated against some of these workers. The NLRB also found that Amazon acted illegally in firing two workers who pushed it to address its climate impact. Amazon has long resisted unionization and waged an aggressive campaign in Bessemer. The company brought in expensive anti-union consultants and held so-called "captive audience" meetings, which are mandatory workplace lectures where unions are presented in a negative light.

Transportation

DoorDash Drivers Game Algorithm To Increase Pay (bloomberg.com) 123

An anonymous reader quotes a report from Bloomberg: Dave Levy and Nikos Kanelopoulos are trying to beat the algorithm. The two DoorDash drivers -- Dashers, as the company calls them -- are trying to persuade their peers to turn down the lowest-paying deliveries so the automated system for matching jobs with drivers will respond by raising pay rates. "Every app-based on-demand company's objective is to constantly shift profits from the driver back to the company," Levy says. "Our objective is the reverse of that." Their main tool is #DeclineNow, a 40,000-person online forum that provides a view into a type of labor activism tailored for the gig economy. While there's no reliable way to quantify its impact, #DeclineNow's members say they've already increased pay for workers across the country, including in Pennsylvania's Lehigh Valley, where Levy and Kanelopoulos live. But the effort raises difficult questions about the nature of collective action, and there are reasons to doubt whether using a company's own software systems against it is a strategy that can prove effective for a sustained period of time.

In October 2019 they launched the #DeclineNow Facebook group. They urge members to reject any delivery that doesn't pay at least $7, more than double the current floor of $3. [...] On #DeclineNow, low acceptance rates are a badge of honor. Levy rejects about 99% of the jobs he's offered, rapidly declining low-paying jobs to find enough lucrative ones to keep him busy. #DeclineNow's strategy of selectively declining orders is well-known among DoorDash workers -- and not universally accepted. Some question the strict minimum fee rule, citing regional price differences. Others find #DeclineNow to be mean-spirited and toxic, a place where people try to ridicule and bully others into going along with their plan. [...] #DeclineNow has little patience for such naysayers. Users who question the $7 minimum rule are punished with suspension from the group or, as the group's moderators like to put it, "a trip to the dungeon."
In a statement, DoorDash said drivers are always free to reject orders but added that coordinated declining slows down the delivery process. The company encourages workers to accept at least 70% of deliveries offered, which awards them with "Top Dasher" status.
Facebook

Facebook Waited Too Long To Stop 10 Billion Pageviews of Repeat Misinformation Spreaders (ft.com) 168

Facebook could have prevented more than 10bn pageviews of prominent misinformation-spreading accounts in the US if it had acted sooner in the run-up to the 2020 presidential election, a new report has claimed [Editor's note: the link may be paywalled; alternative source]. Financial Times: The social media giant took a number of eleventh-hour steps to combat misinformation ahead of November's highly polarised election, such as demoting some misinformation superspreaders and blocking new political advertisements. However according to the US-based non-profit activism group Avaaz, if the platform had tweaked its algorithm and moderation policies in March last year, instead of waiting until October, it would have prevented an estimated 10.1bn additional pageviews on the 100 top-performing pages it classified as repeat spreaders of misinformation. The list comprised pages that Avaaz had identified as sharing at least three misinformation claims that were fact-checked between October 2019 and October 2020, with at least two of the posts falling within 90 days of each other. The report said that Facebook's delay in acting had been critical because it allowed prolific spreaders of misinformation to increase their online footprint dramatically, with some tripling their engagement over the course of the election campaign and even catching up with mainstream US media pages. It added that even after Facebook acted to block top-performing misinformation pages from October 10, the effect was inconsistent. While the average decline in interaction was 28 per cent, not all major figures were affected.
Social Networks

Can WhatsApp Stop Spreading Misinformation Without Compromising Encryption? (qz.com) 149

"WhatsApp, the Facebook-owned messaging platform used by 2 billion people largely in the global south, has become a particularly troublesome vector for misinformation," writes Quartz — though it's not clear what the answer is: The core of the problem is its use of end-to-end encryption, a security measure that garbles users' messages while they travel from one phone to another so that no one other than the sender and the recipient can read them. Encryption is a crucial privacy protection, but it also prevents WhatsApp from going as far as many of its peers to moderate misinformation. The app has taken some steps to limit the spread of viral messages, but some researchers and fact-checkers argue it should do more, while privacy purists worry the solutions will compromise users' private conversations...

In April 2020, WhatsApp began slowing the spread of "highly forwarded messages," the smartphone equivalent of 1990s chain emails. If a message has already been forwarded five times, you can only forward it to one person or group at a time. WhatsApp claims that simple design tweak cut the spread of viral messages by 70%, and fact-checkers have cautiously cheered the change. But considering that all messages are encrypted, it's impossible to know how much of an impact the cut had on misinformation, as opposed to more benign content like activist organizing or memes. Researchers who joined and monitored several hundred WhatsApp groups in Brazil, India, and Indonesia found that limiting message forwarding slows down viral misinformation, but doesn't necessarily limit how far the messages eventually spread....

This isn't just a semantic argument, says EFF strategy director Danny O'Brien. Even the smallest erosion of encryption protections gives Facebook a toehold to begin scanning messages in a way that could later be abused, and protecting the sanctity of encryption is worth giving up a potential tool for curbing misinformation. "This is a consequence of a secure internet," O'Brien says. "Dealing with the consequences of that is going to be a much more positive step than dealing with the consequences of an internet where no one is secure and no one is private...."

No matter what WhatsApp does, it will have to contend with dueling constituencies: the privacy hawks who see the app's encryption as its most important feature, and the fact-checkers who are desperate for more tools to curb the spread of misinformation on a platform that counts a quarter of the globe among its users.

Whatever Facebook decides will have widespread consequences in a world witnessing the simultaneous rise of fatal lies and techno-authoritarianism.

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