Businesses

Amazon Aggregator Thrasio Files For Bankruptcy (nasdaq.com) 18

Thrasio, which acquires third-party Amazon sellers, filed for Chapter 11 bankruptcy protection and received commitments for $90 million in new financing from existing shareholders, it said on Wednesday. From a report: Thrasio also entered into a restructuring agreement with some of its lenders to reduce debt of $495 million from its existing debt pile, it said in a statement. It listed its estimated assets in the range of $1 billion to $10 billion and estimated liabilities of $500 million to $1 billion, according to a document filed with the New Jersey bankruptcy court. Billions of dollars, primarily in loans and other debt instruments, were invested into newly-formed startups aggregating third-party merchants on Amazon's marketplace during the COVID-19 pandemic as investors bet heavily on a prolonged explosion in online shopping. But as lockdowns eased and consumers returned to brick-and-mortar stores, sales growth on Amazon slowed, leaving these heavily-indebted "roll-up" companies struggling to service interest payments.
Open Source

VC Firm Sequoia Capital Begins Funding More Open Source Fellowships (techcrunch.com) 15

By 2022 the VC firm Sequoia Capital had about $85 billion in assets under management, according to Wikipedia. Its successful investments include Google, Apple, PayPal, Zoom, and Nvidia.

And now the VC firm "plans to fund up to three open source software developers annually," according to TechCrunch, which notes it "a continuation of a program it debuted last year." The Silicon Valley venture capital firm announced the Sequoia Open Source Fellowship last May, but it was initially offered on an invite-only basis with a single recipient to shout about so far. Moving forward, Sequoia is inviting developers to apply for a stipend that will cover their costs for up to a year so they can work full-time on the project — without giving up any equity or ownership.... "The open source world is to some extent divided between the projects that can be commercialized and the projects that are very important, very influential, but just simply can't become companies," said Sequoia partner Bogomil Balkansky. "For the ones that can become great companies, we at Sequoia have a long track record of partnering with them and we will continue partnering with those founders and creators."

And this is why Sequoia is making two distinct financial commitments to two different kinds of open source entities, using grants to support foundational projects that might be instrumental to one of the companies it's taking a direct equity stake in. "In order for Sequoia to succeed, and for our portfolio of companies that we partner with to succeed, there is this vital category of open source developer work that must be supported in order for the whole ecosystem to work well," Balkansky added. From today, Sequoia said it will accept applications from "any developer" working on an open source project, with considerations made on a "rolling basis" moving forward. Funding will include living expenses paid through monthly installments lasting up to a year, allowing the developer to focus entirely on the project without worrying about how to put food on the table.

Spotify, Salesforce and even Bloomberg have launched their own grant programs too, the article points out.

"But these various funding initiatives have little to do with pure altruism. The companies ponying up the capital typically identify the open source software they rely on most, and then allocate funds accordingly..."
Transportation

Clean Jet Fuel Startup Fires Up New Carbon Converter (spokesman.com) 41

Thursday a climate technology startup called Twelve "took a major step toward producing sustainable aviation fuel..." reports Bloomberg, "by launching its commercial-scale carbon transformation unit." Twelve is among the emerging companies working on ways to transform captured CO2 into useful products. In the case of the Berkeley, California-based startup, its nascent technology will be critical to cleaning up one of the hardest-to-decarbonize sectors: aviation. Twelve uses a technique called electrolysis that uses electricity to repurpose carbon dioxide and water into various products. When the electricity is generated from renewables, the process is essentially no-carbon. The company's CO2 electrochemical reactor — called OPUS — will be at the center of its first commercial production plant for sustainable aviation fuel, under construction in Moses Lake and set to be completed this year. The plant will run on hydropower and use CO2 captured from a nearby ethanol plant. That CO2 and water will be fed through OPUS and turned into synthetic gas, the basis of sustainable aviation fuel.

Twelve's airline customers can blend it with traditional jet fuel. The resulting carbon credit can be bought by corporate customers like Microsoft to offset their business travel-related emissions...

Although Twelve's carbon transformation technology can be used to make products ranging from spandex pants to car parts, it pivoted to focus more fully on sustainable aviation fuel after the announcement of tax credits for SAF blending, carbon capture and utilization, and hydrogen production, said Twelve co-founder and Chief Science Officer Etosha Cave. Those tax credits helped the company launch this commercial unit. "Without that, we would not be competitive in terms of being able to get to market at the stage we're at," Cave said.

It's still not cost competitive with traditional jet fuel, the article points out, "but airlines are under increasing pressure from governments and their own net zero commitments to integrate SAF into their fuel mix.

"Twelve would not disclose its cost to make the fuel, though it said it expects prices to go down as its technology scales up and eventually reach parity with traditional jet fuel."
AI

Recycling Plants Start Installing Trash-Spotting AI Systems (yahoo.com) 60

The world's biggest builder of recycling plants has teamed with a startup to install AI-powered systems for sorting recycling, reports the Washington Post. And now over the next few years, "The companies plan to retrofit thousands of recycling facilities around the world with computers that can analyze and identify every item that passes through a waste plant, they said Wednesday." "[S]orted" recyclables, particularly plastic, wind up contaminated with other forms of trash, according to Lokendra Pal, a professor of sustainable materials engineering at North Carolina State University... [W]aste plants don't catch everything. [AI startup] Greyparrot has already installed over 100 of its AI trash spotters in about 50 sorting facilities around the world, and [co-founder Ambarish] Mitra said as much as 30 percent of potentially recyclable material winds up getting lumped in with the trash that's headed for the landfill. Failing to recycle means companies have to make more things from scratch, including a lot of plastic from fossil fuels. Also, more waste ends up in landfills and incinerators, which belch greenhouse gases into the atmosphere and pollute their surroundings.

Mitra said putting Greyparrot's AI tools in thousands of waste plants around the world can raise the percentage of glass, plastic, metal and paper that makes it to recycling facilities. "If we can move the needle by even 5 to 10 percent, that would be a phenomenal outcome on a planetary basis for greenhouse gas emissions and environmental impact," he said. Cutting contamination would make recycled materials more valuable and raise the chances that companies would use them to make new products, according to Reck. "If the AI and the robots potentially helped to increase the quality of the recycling stream, that's huge," she said...

Greyparrot's device is, basically, a set of visual and infrared cameras hooked up to a computer, which monitors trash as it passes by on a conveyor belt and labels it under 70 categories, from loose bottle caps (not recyclable!) to books (sometimes recyclable!) to aluminum cans (recyclable!). Waste plants could connect these AI systems to sorting robots to help them separate trash from recyclables more accurately. They could also use the AI as a quality control system to measure how well they're sorting trash from recyclables. That could help plant managers tinker with their assembly lines to recover more recyclables, or verify that a bundle of recyclables is free of contaminants, which would allow them to sell for a higher price.

GreyParrot's co-founder said their trash-spotting computers "could one day help regulators crack down on companies that produce tsunamis of non-recyclable packaging," according to the article.

"The AI systems are so accurate, he said, that they can identify the brands on individual items. 'There could be insights that make them more accountable for ... the commitments they made to the public or to shareholders,' he said."
EU

EU Proposes Criminalizing AI-Generated Child Sexual Abuse and Deepfakes 101

An anonymous reader quotes a report from TechCrunch: AI-generated imagery and other forms of deepfakes depicting child sexual abuse (CSA) could be criminalized in the European Union under plans to update existing legislation to keep pace with technology developments, the Commission announced today. It's also proposing to create a new criminal offense of livestreaming child sexual abuse. The possession and exchange of "pedophile manuals" would also be criminalized under the plan -- which is part of a wider package of measures the EU says is intended to boost prevention of CSA, including by increasing awareness of online risks and to make it easier for victims to report crimes and obtain support (including granting them a right to financial compensation). The proposal to update the EU's current rules in this area, which date back to 2011, also includes changes around mandatory reporting of offenses.

Back in May 2022, the Commission presented a separate piece of CSA-related draft legislation, aiming to establish a framework that could make it obligatory for digital services to use automated technologies to detect and report existing or new child sexual abuse material (CSAM) circulating on their platforms, and identify and report grooming activity targeting kids. The CSAM-scanning plan has proven to be highly controversial -- and it continues to split lawmakers in the parliament and the Council, as well as kicking up suspicions over the Commission's links with child safety tech lobbyists and raising other awkward questions for the EU's executive, over a legally questionable foray into microtargeted ads to promote the proposal. The Commission's decision to prioritize the targeting of digital messaging platforms to tackle CSA has attracted a lot of criticism that the bloc's lawmakers are focusing in the wrong area for combatting a complex societal problem -- which may have generated some pressure for it to come with follow-on proposals. (Not that the Commission is saying that, of course; it describes today's package as "complementary" to its earlier CSAM-scanning proposal.)
"Fast evolving technologies are creating new possibilities for child sexual abuse online, and raises challenges for law enforcement to investigate this extremely serious and wide spread crime," said Ylva Johansson, commissioner for home affairs, in a statement. "A strong criminal law is essential and today we are taking a key step to ensure that we have effective legal tools to rescue children and bring perpetrators to justice. We are delivering on our commitments made in the EU Strategy for a more effective fight against Child sexual abuse presented in July 2020."

The final shape of the proposals will be determined by the EU's co-legislators in the Parliament and Council. "If/when there's agreement on how to amend the current directive on combating CSA, it would enter into force 20 days after its publication in the Official Journal of the EU," adds TechCrunch.
United Kingdom

UK Students Launch Barclays 'Career Boycott' Over Bank's Climate Policies (theguardian.com) 47

Hundreds of students from leading UK universities have launched a "career boycott" of Barclays over its climate policies, warning that the bank will miss out on top talent unless it stops financing fossil fuel companies. From a report: More than 220 students from Barclays' top recruitment universities, including Oxford, Cambridge, and University College London, have sent a letter to the high street lender, saying they will not work for Barclays and raising the alarm over its funding for oil and gas firms including Shell, TotalEnergies, Exxon and BP. "Your ambitious decarbonisation targets are discredited by your absence of action and the roster of fossil fuel companies on your books," the letter said. "You may say you're working with them to help them transition, but Shell, Total and BP have all rowed back."

Large oil firms have started to water down climate commitments, including BP, which originally pledged to lower emissions by 35% by 2030 but is now aiming for a 20% to 30% cut instead. Meanwhile, ExxonMobil quietly withdrew funding for plans to use algae to create low-carbon fuel, while Shell announced it would not increase its investments in renewable energy this year, despite earlier promises to slash its emissions. The letter calls on Barclays to end all financing and underwriting of oil and gas companies -- not only their projects -- and to boost funding of firms behind wind and solar energy significantly.

NASA

US Commits To Landing an International Astronaut On the Moon (arstechnica.com) 49

During a meeting of the National Space Council, Vice President Kamala Harris said an international astronaut will land on the Moon during one of NASA's Artemis missions. "Today, in recognition of the essential role that our allies and partners play in the Artemis program, I am proud to announce that alongside American astronauts, we intend to land an international astronaut on the surface of the Moon by the end of the decade," Harris said. Ars Technica reports: Although the National Space Council is useful in aggregating disparate interests across the US government to help form more cohesive space policies, public meetings like the one Wednesday can seem perfunctory. Harris departed the stage soon after her speech, and other government officials read from prepared remarks during the rest of the event. Nevertheless, Harris' announcement highlighted the role the space program plays in elevating the soft power of the United States. It was widely assumed an international astronaut would eventually land on the Moon with NASA. Harris put a deadline on achieving this goal.

NASA has long included astronauts from its international partners on human spaceflight missions, dating back to the ninth flight of the space shuttle in 1983, when West German astronaut Ulf Merbold joined five Americans on a flight to low-Earth orbit. This was seen by US government officials as a way to foster closer relations with like-minded countries. The inclusion of foreign astronauts on US missions also repays partner nations who make financial commitments to US-led space projects with a high-profile flight opportunity for one of their citizens.

Among the international partners contributing to Artemis, it seems most likely a European astronaut would get the first slot for a landing with NASA. ESA funded the development of the service modules used on NASA's Orion spacecraft, which will ferry astronauts from Earth to the Moon and back. These modules provide power and propulsion for Orion. ESA is also developing refueling and communications infrastructure for the Gateway mini-space station to be constructed in orbit around the Moon.

A Japanese astronaut might also have a shot at getting a seat on an Artemis landing. Japan's government has committed to providing the life-support system for the Gateway's international habitation module, along with resupply services to deliver cargo to Gateway. Japan is also interested in building a pressurized rover for astronauts to drive across the lunar surface. In recognition of Japan's contributions, NASA last year committed to flying a Japanese astronaut aboard Gateway. Canada is building a robotic arm for Gateway, but a Canadian astronaut already has a seat on NASA's first crewed Artemis mission, albeit without a trip to the lunar surface.

United States

US Lawmakers Warn Biden To Probe EU Targeting of Tech Firms (yahoo.com) 89

A bipartisan group of lawmakers has written to U.S. President Joe Biden, warning European technology regulation are unfairly targeting U.S. companies and not including many Chinese or EU firms, according to a letter seen by Reuters on Monday. From the report: Under the European Union's Digital Markets Act (DMA), five major U.S. tech companies -- Alphabet, Amazon, Apple, Meta and Microsoft -- were designated "gatekeeper" service providers. From March 2024, these companies -- as well as TikTok's Chinese owner ByteDance -- will be required to make their messaging apps work with rivals and let users choose which ones they want pre-installed on their devices.

In a letter seen by Reuters, 21 members of the U.S. House of Representatives warned the new rules could damage American economic and security interests and called on Biden to secure commitments from the EU the rules will be enforced fairly. "Securing our leadership in this sector is imperative for our economy and American workers," the letter said. "The designation of leading U.S. companies as 'gatekeepers' threatens to upend the U.S. economy, diminish our global leadership in the digital sphere, and jeopardize the security of consumers."

The letter questioned why Chinese companies Alibaba, Huawei, and Tencent had avoided designation and why European companies had avoided any scrutiny. "The EU inexplicably failed to designate any European retailers, content-sharing platforms, payment firms, and telcos," it said. Signatories of the letter -- including Representative Lou Correa, a Democrat, and Thomas Massie, a Republican, -- called on Biden to seek assurances from EU lawmakers the DMA will not be unfairly used to target U.S. companies.

Software

Broadcom Is Killing Off VMware Perpetual Licenses, Strong-Arming Users Onto Subscriptions (www.thestack.technology) 196

Ed Targett reports via The Stack: Broadcom is killing off VMware's on-premises perpetual licenses -- and getting set to strong-arm VMware customers onto subscriptions, by also ending the sale of Support and Subscription renewals for such customers. VMware described this to customers as part of its plan to "complete the transition of all VMware by Broadcom solutions to subscription licenses." "We are [also] ending the sale of Support and Subscription (SnS) renewals for perpetual offerings beginning today" SVP Krish Prasad said in a FAQ.

VMware perpetual licenses were described by its own Office of the CTO earlier this year in a short blog as its "most renowned licenses." The on-premises licenses for the virtualization software come with a license key, with SnS separately licensing users for support and software updates. Perpetual license keys never expire but the SnS lapses and now will not, seemingly, be renewed -- meaning that customers reluctant to shift to an alternative licensing model will be left without support or updates.

VMware customers "may continue using perpetual licenses with active support contracts. We will continue to provide support as defined in contractual commitments. We encourage customers to review their inventory of perpetual licenses, including Support Services renewal and expiration dates," Broadcom said rather menacingly, on December 10. The company is also announcing a new "bring-your-own-subscription license option, providing license portability to VMware validated hybrid cloud endpoints running VMware Cloud Foundation," it added, without initially sharing details.

Earth

Cop28 Draft Agreement Calls for Fossil Fuel Cuts But Avoids 'Phase-Out' (theguardian.com) 73

A draft deal to cut global fossil fuel production is "grossly insufficient" and "incoherent" and will not stop the world from avoiding dangerous climate breakdown, according to delegates at the UN's Cop28 summit. From a report: The text put forward by the summit presidency after 10 days of wrangling was received with concern and anger by many climate experts and politicians, though others welcomed elements of the draft including the first mention in a Cop text of reducing fossil fuel production. Some countries are despairing that the text does not require a full phase-out of fossil fuels.

Cedric Schuster of Samoa, chair of the Alliance of Small Island States, said: "We will not sign our death certificate. We cannot sign on to text that does not have strong commitments on phasing out fossil fuels." The Cop28 presidency released a draft text in the early evening on Monday, which called for "reducing both consumption and production of fossil fuels, in a just, orderly and equitable manner, so as to achieve net zero by, before or around 2050, in keeping with the science."

The text avoids highly contentious calls for a "phase-out" or "phase-down" of fossil fuels, which have been the focus of deep disagreement among the more than 190 countries meeting in Dubai. But instead of requiring fossil fuel producers to cut their output, it frames such reductions as optional, by calling on countries to "take actions that could include" reducing fossil fuels. "That one word 'could' just kills everything," said Eamon Ryan, Ireland's environment minister.

Earth

US Joins in Other Nations in Swearing Off Coal Power To Clean the Climate (apnews.com) 204

The United States has committed to the idea of phasing out coal power plants, joining 56 other nations in kicking the coal habit that's a huge factor in global warming. From a report: U.S. Special Envoy John Kerry announced that America was joining the Powering Past Coal Alliance, which means the Biden Administration commits to building no new coal plants and phasing out existing plants. No date was given for when the existing plants would have to go, but other Biden regulatory actions and international commitments already in the works had meant no coal by 2035.

"We will be working to accelerate unabated coal phase-out across the world, building stronger economies and more resilient communities," Kerry said in a statement. "The first step is to stop making the problem worse: stop building new unabated coal power plants." Coal power plants have already been shutting down across the nation due to economics, and no new coal facilities were in the works, so "we were heading to retiring coal by the end of the decade anyway," said climate analyst Alden Meyer of the European think-tank E3G. That's because natural gas and renewable energy are cheaper, so it was market forces, he said.

Earth

Deal To Keep 1.5C Hopes Alive is Within Reach, Says Cop28 President (theguardian.com) 218

An "unprecedented outcome" that would keep alive hopes of limiting global temperature rises to 1.5C is within reach, the president-designate of the UN Cop28 climate summit has said -- and even Saudi Arabia is expected to come with positive commitments. From a report: Significant progress has been made in recent weeks on key aspects of a deal at the crucial meeting that starts in Dubai this week, with countries agreeing a blueprint for a fund for the most vulnerable, and reaching an important milestone on climate finance. Sultan Al Jaber, who will lead the talks on behalf of the Cop28 host country, the United Arab Emirates, told the Guardian in an exclusive interview on the eve of the talks that the positive momentum meant the world could agree a "robust roadmap" of cuts in greenhouse gas emissions by 2030 that would meet scientific advice.

"I have to be cautiously optimistic," he said. "But I have the levers and the traction that I am experiencing today that will allow for us to deliver the unprecedented outcome that we all hope for." He added: "Getting back on track, and ensuring that the world accepts a robust understanding of a roadmap to 2030 that will keep [a temperature rise above pre-industrial levels of] 1.5C (2.7F) within reach is my only goal."

Earth

Countries Meet in Kenya To Thrash Out Global Plastic Pollution Treaty (theguardian.com) 30

Government delegations will gather in Nairobi, Kenya, to hammer out details of what could be the first global treaty to tackle the plastic pollution crisis. From a report: A key focus for the discussions on Monday will be whether targets to restrict plastic production should be decided unilaterally or whether states should choose their own targets; this is, say environmentalists, the "centre of gravity" for the treaty's ambition. At the last round of negotiations in Paris in May run by the international negotiating committee (INC) the US, Saudi Arabia, India and China favoured a "Paris-style" agreement where states would have the freedom to determine their own commitments, while others, including Africa and many developing countries, preferred strong global commitments.

But there are signs, some observers say, of a shift in the US's position on this key issue, though details have yet to emerge. "The main takeaway for many environmental groups, after INC2 [the negotiations in Paris], was how bad the US position was, in terms of Paris-style voluntary commitments," said Graham Forbes, the global plastics campaign lead for Greenpeace USA. He said there had been signals of a shift. "We are going to be watching very closely to see how that plays out. We need to be speaking about rules and putting in place regulations."

Last month, a "zero draft" version of the text published by the INC as the basis of negotiations over what the head of the United Nations Environment Programme has described as the most important multilateral treaty since the Paris accord in 2015. The goal is to have a formal treaty in place by the end of 2024. This third round of talks, in Kenya from 13-17 November, will mark the halfway point.

Biotech

Can Humans Have Babies In Space? SpaceBorn United Wants To Find Out (technologyreview.com) 105

An anonymous reader quotes a report from MIT Technology Review: Egbert Edelbroek was acting as a sperm donor when he first wondered whether it's possible to have babies in space. Curious about the various ways that donated sperm can be used, Edelbroek, a Dutch entrepreneur, began to speculate on whether in vitro fertilization technology was possible beyond Earth -- or could even be improved by the conditions found there. Could the weightlessness of space be better than a flat laboratory petri dish? Now Edelbroek is CEO of SpaceBorn United, a biotech startup seeking to pioneer the study of human reproduction away from Earth. Next year, he plans to send a mini lab on a rocket into low Earth orbit, where in vitro fertilization, or IVF, will take place. If it succeeds, Edelbroek hopes his work could pave the way for future space settlements.

"Humanity needs a backup plan," he says. "If you want to be a sustainable species, you want to be a multiplanetary species." Beyond future space colonies, there is also a more pressing need to understand the effects of space on the human reproductive system. No one has ever become pregnant in space -- yet. But with the rise of space tourism, it's likely that it will eventually happen one day. Edelbroek thinks we should be prepared. Despite the burgeoning interest in deep space exploration and settlement, prompted in part by billionaires such as Elon Musk and Jeff Bezos, we still know very little about what happens to our reproductive biology when we're in orbit. A report released in September by the US National Academies of Science, Engineering, and Medicine points out that almost no research has been done on human reproduction in space, adding that our understanding of how space affects reproduction is "vital to long-term space exploration, but largely unexplored to date."

Some studies on animals have suggested that the various stages of reproduction -- from mating and fertilization to embryo development, implantation, pregnancy, and birth -- can function normally in space. For example, in the very first such experiment, eight Japanese medaka fish developed from egg to hatchling aboard the space shuttle Columbia in 1994. All eight survived the return to Earth and seemed to behave normally.Yet other studies have found evidence that points to potential problems. Pregnant rats that spent much of their third trimester -- a total of five days -- on a Soviet satellite in 1983 experienced complications during labor and delivery. Like all astronauts returning to Earth, the rats were exhausted and weak. Their deliveries lasted longer than usual, likely because of atrophied uterine muscles. All the pups in one of the litters died during delivery, the result of an obstruction thought to be due in part to the mother's weakened state.

To Edelbroek, these inconclusive results point to a need to systematically isolate each step in the reproductive process in order to better understand how it is affected by conditions like lower gravity and higher radiation exposure. The mini lab his company developed is designed to do exactly that. It is about the size of a shoebox and uses microfluidics to connect a chamber containing sperm to a chamber containing an egg. It can also rotate at different speeds to replicate the gravitational environment of Earth, the moon, or Mars. It is small enough to fit inside a capsule that can be housed on top of a rocket and launched into space.After the egg has been fertilized in the device, it splits into two cells, each of which divides again to form four cells and so on. After five to six days, the embryo reaches a stage known as a blastocyst, which looks like a hollow ball. At this point, the embryos in the mini lab will be cryogenically frozen for their return to Earth.

Businesses

Amazon Eliminated Plastic Packaging At One of Its Warehouses (theverge.com) 21

Umar Shakir reports via The Verge: Amazon is fulfilling a small part of its promise to switch from using plastic bubble mailers and air pillows to all recyclable paper packaging for its shipments. The company announced that it has outfitted one facility in Euclid, Ohio, with an upgraded packaging machine that can automatically fold custom-fit boxes to wrap some products, use paper mailers for small items, and slide in paper fillers instead of plastic ones in standard boxes.

As Amazon transitions over to curbside recyclable packaging, it will "reduce the company's plastic waste and the amount of plastic pollution that can reach the seas," says Matt Littlejohn, senior vice president of Oceana, a conservation organization. However, Littlejohn questions Amazon's commitment to end plastic use in the US, its largest market, compared to the commitments it made for the UK, Germany, and other markets. Amazon says it'll be a "multiyear effort" to move US warehouses to recyclable paper. "Unfortunately, Amazon, in this announcement, did not make a clear, quantifiable, and time-bound commitment, so it is unclear when, where, and how much real plastic reduction there will be," Littlejohn says.

Google

Google Agrees To Reform Its Data Terms After German Antitrust Intervention (techcrunch.com) 4

An anonymous reader quotes a report from TechCrunch: Following preliminary objections over Google's data terms, set out back in January by Germany's antitrust watchdog, the tech giant has agreed to make changes that will give users a better choice over its use of their information, the country's Federal Cartel Office (FCO) said today. The commitments cover situations where Google would like to combine personal data from one Google service with personal data from other Google or non-Google sources or cross-use these data in Google services that are provided separately, per the authority.

Per the FCO decision document (PDF): "The Commitments cover in principle all services operated by Google and directed to end users in Germany with more than one million monthly active users (MAU) in Germany [and Android Automotive whether it meets that threshold or not]." But, as we report below, Google's core platform services designated under the EU's DMA are not covered -- nor is Fitbit, which the document notes is already subject to "far-reaching obligations regarding the cross-service processing of health and wellness data" as a result of EU merger control. [...]

Per the FCO decision document, the implementation date (in principle) for Google's commitments is September 30, 2024 — with an earlier date of March 6, 2024 for commitments covering Google Assistant and Contacts. But the FCO notes that it may provide Google with an extension upon "substantiated request". Once implemented, the commitments will have a five year duration from their start date. The document also notes that if, in the future, a Google service falls out of the DMA designation as a core platform service and meets the FCO usage threshold then these local commitments will be applied to it. The converse will also apply; meaning if the European Commission designates one of the Google services covered by this commitments to the DMA list of core platform services it would no longer fall under this arrangement. Gmail is an interesting example here as the EU recently accepted Google's arguments to exclude the web mail service from the DMA list of core platform services -- but the tech giant is facing future restrictions on how it can use Gmail users' data under the FCO commitments (even if these will only apply in Germany).
Commenting in a statement, Andreas Mundt, president of the Bundeskartellamt, said: "Data are key for many business models used by large digital companies. The market power of large digital companies is based on the collection, processing and combination of data. Google's competitors do not have these data and are thus faced with serious competitive disadvantages. In the future users of Google services will have a much better choice as to what happens to their data, how Google can use them and whether their data may be used across services. This not only protects the users' right to determine the use of their data but also curbs Google's data-driven market power. Large digital companies offer a wide range of different digital services. Without the users' free and informed consent the data from Google's services and third-party services can no longer be cross-used in separate services offered by Google or even be combined. We have made sure that Google will provide a separate choice option in the future."
Businesses

Private Equity Is Piling Debt on Itself Like Never Before (bloomberg.com) 86

Private equity firms have been increasingly adding another layer of debt to their complex borrowing arrangements, raising concern among some investors about potential risks to the wider industry and the financial system. Bloomberg: Hit by a drought of deals and dwindling cash, some buyout firms are starting to resort to backroom financing to help meet fund commitments or enable succession planning. The loans -- backed by assets including the promise of future income -- carry interest of as much as 19%, a rate that's more akin to the charges faced by consumers rather than corporate borrowing. Even a junk-rated company in the US paid 10% on a bond recently.

Those high costs aren't deterring private equity firms and experts say demand is at an all-time high. While some of the biggest lenders -- such as Carlyle Group -- say these debts are relatively safe, others are already starting to take precautions by adding covenants that enable seizure of other underlying fund assets, highlighting worries about possible losses. Some are warning of perils when a firm faces claims from more than one type of loan simultaneously. "If the value of the fund drops, for example, you're looking at a margin call situation," said Jason Meklinsky, chief revenue and strategy officer at Socium Fund Services, a New Jersey-based firm that helps administer PE portfolios. "It would be like a volcano meets a tornado." For an industry long used to easy money, the rush for such loans marks a reversal in fortune. Buyout firms have been battling rising interest rates and economic uncertainty, forcing takeover volumes to almost halve this year. Cash on hand at PEs is near the lowest since at least 2008, according to data from PitchBook.

AI

Adobe, Others Join White House's Voluntary Commitments on AI (reuters.com) 13

Adobe, IBM, Nvidia and five other firms have signed President Joe Biden's voluntary commitments governing artificial intelligence, which requires steps such as watermarking AI-generated content, the White House said. From a report: The original commitments, which were announced in July, were aimed at ensuring that AI's considerable power was not used for destructive purposes. Google, OpenAI and OpenAI partner Microsoft signed onto the commitments in July.
Government

IBM Returns To the Facial Recognition Market 17

During the Black Lives Matter protests in 2020, IBM announced that it would no longer offer "general purpose" facial recognition technology due to concerns about racial profiling, mass surveillance, and other human rights violations. Now, according to The Verge and Liberty Investigates, "IBM signed a $69.8 million contract with the British government to develop a national biometrics platform that will offer a facial recognition function to immigration and law enforcement officials." From the report: A contract notice for the Home Office Biometrics Matcher Platform outlines how the project initially involves developing a fingerprint matching capability, while later stages introduce facial recognition for immigration purposes -- described as "an enabler for strategic facial matching for law enforcement." The final stage of the project is described as delivery of a "facial matching for law enforcement use-case." The platform will allow photos of individuals to be matched against images stored on a database -- what is sometimes known as a "one-to-many" matching system. In September 2020, IBM described such "one-to-many" matching systems as "the type of facial recognition technology most likely to be used for mass surveillance, racial profiling, or other violations of human rights."

IBM spokesman Imtiaz Mufti denied that its work on the contract was in conflict with its 2020 commitments. "IBM no longer offers general-purpose facial recognition and, consistent with our 2020 commitment, does not support the use of facial recognition for mass surveillance, racial profiling, or other human rights violations," he said. "The Home Office Biometrics Matcher Platform and associated Services contract is not used in mass surveillance. It supports police and immigration services in identifying suspects against a database of fingerprint and photo data. It is not capable of video ingest, which would typically be needed to support face-in-a-crowd biometric usage."

Human rights campaigners, however, said IBM's work on the project is incompatible with its 2020 commitments. Kojo Kyerewaa of Black Lives Matter UK said: "IBM has shown itself willing to step over the body and memory of George Floyd to chase a Home Office contract. This won't be forgotten." Matt Mahmoudi, PhD, tech researcher at Amnesty International, said: "The research across the globe is clear; there is no application of one-to-many facial recognition that is compatible with human rights law, and companies -- including IBM -- must therefore cease its sale, and honor their earlier statements to sunset these tools, even and especially in the context of law and immigration enforcement where the rights implications are compounding."
The Almighty Buck

Internet Providers That Won FCC Grants Try To Escape Broadband Commitments (arstechnica.com) 75

An anonymous reader quotes a report from Ars Technica: A group of Internet service providers that won government grants are asking the Federal Communication Commission for more money or an "amnesty window" in which they could give up grants without penalty. The ISPs were awarded grants to build broadband networks from the FCC's Rural Digital Opportunity Fund (RDOF), which selected funding recipients in December 2020. A group calling itself the "Coalition of RDOF Winners" has been meeting with FCC officials about their requests for more money or an amnesty window, according to several filings submitted to the commission.

The group says broadband construction costs have soared since the grants were announced. They asked for extra money, quicker payments, relief from letter of credit requirements, or an amnesty window "that allows RDOF winners to relinquish all or part of their RDOF winning areas without forfeitures or other penalties if the Commission chooses not to make supplemental funds available or if the amount of supplemental funds the Commission does make available does not cover an RDOF Winner's costs that exceed reasonable inflation," a July 31 filing said.

A different group of ISPs urged the FCC to reject the request, saying that telcos that win grants by pledging to build networks at a low cost are "gaming" the system by seeking more money afterward. So far, the FCC leadership seems reluctant to provide extra funding. The commission could issue fines to ISPs that default on grants -- the FCC recently proposed $8.8 million in fines against 22 RDOF applicants for defaults. The Coalition of RDOF Winners doesn't include every ISP that was granted money from the program. But exactly which and how many ISPs are in the coalition is a mystery.

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