The Courts

Google Loses Bid To End US Antitrust Case Over Digital Advertising (reuters.com) 4

An anonymous reader quotes a report from Reuters: Alphabet's Google must face trial on U.S. antitrust enforcers' claim that the internet search juggernaut illegally dominates the online advertising technology market, a federal judge ruled on Friday. U.S. District Judge Leonie Brinkema in Alexandria, Virginia, denied Google's motion during a hearing, according to court records. Google had argued for a win without a trial, saying that antitrust laws do not block companies from refusing to deal with rivals and that regulators had not accurately defined the ad tech market. Court papers did not specify what reasons the judge provided at the hearing. Motions like the one Google filed are only granted where a judge determines there is no factual dispute to send to trial. Last year, the U.S. Justice department and eight states sued Google, calling for the break up of the search giant's ad-technology business over alleged illegal monopolization of the digital advertising market.
EU

Apple Set To Be First Big Tech Group To Face Charges Under EU Digital Law (arstechnica.com) 20

An anonymous reader shares a report: Brussels is set to charge Apple over allegedly stifling competition on its mobile app store, the first time EU regulators have used new digital rules to target a Big Tech group. The European Commission has determined that the iPhone maker is not complying with obligations to allow app developers to "steer" users to offers outside its App Store without imposing fees on them, according to three people with close knowledge of its investigation.

The charges would be the first brought against a tech company under the Digital Markets Act, landmark legislation designed to force powerful "online gatekeepers" to open up their businesses to competition in the EU. The commission, the EU's executive arm, said in March it was investigating Apple, as well as Alphabet and Meta, under powers granted by the DMA. An announcement over the charges against Apple was expected in the coming weeks, said two people with knowledge of the case.

IT

Not 'Quiet Quitting' - Remote Workers Try 'Quiet Vacationing' (msn.com) 118

A new article in the Washington Post argues that a phenomenon called "Quiet vacationing" has "joined 'quiet quitting' and 'quiet firing' as the latest (and least poetic) scourge of the modern workplace.

"Also known as the hush trip, workcation, hush-cation, or bleisure travel — you get the idea — quiet vacationing refers to workers taking time off, even traveling, without notifying their employers." Taking advantage of work-from-anywhere technology, they are logging in from hotels, beaches and campgrounds, sometimes using virtual backgrounds and VPNs to cover their tracks.

Given the difficulty many employers already have trusting remote workers to be productive anywhere outside the office, you can bet they are not keen on the idea of their employees pretending to have their head in the game while their toes are in the sand. But employers also have legitimate legal reasons for keeping tabs on their employees' location when they're on the clock. "Evil HR Lady" Suzanne Lucas, writing in Inc. magazine, recently highlighted the many tax, employment, business-operation and security laws that focus on an employee's location. Workers secretly performing their jobs in other states or countries can trigger compliance headaches for their employers, Lucas notes, giving the hypothetical of an employee seeking workers' compensation after sustaining an injury while on unauthorized travel....

As with declines in birthrates, home purchases and demand for mined diamonds, the quiet-vacationing trend is being attributed primarily, though not exclusively, to millennial workers. But before launching into generational finger-pointing and stereotyping, it's worth taking a look at why they might feel the need to take their PTO on the DL. The U.S. Travel Association in a 2016 report proclaimed millennials to be a generation of "work martyrs," entering the workforce around the time average U.S. vacation usage began declining and mobile technology began enabling round-the-clock attachment to jobs... The work-vacation boundaries most premillennial workers took for granted growing up have gone the way of defined-benefit pensions and good tomatoes.

Inadequate paid leave is another driving force. The United States continues to be the only nation among its industrialized economic peers that does not guarantee paid vacation, sick leave or holidays for all workers, leaving such benefits to the discretion of employers. Workers with limited PTO — whether new to the workforce or stuck in lower-paying, low-benefit industries — generally want to keep as much paid leave banked as possible, especially if they may need it for unpredictable emergencies like illness or caretaking. If you can preserve those precious hours by packing your laptop alongside your flip-flops, why wouldn't you?

The article also mentions employers who begrudge vacation and employees who fear "becoming a target for future cost-cutting..."
Social Networks

TikTok Preparing a US Copy of the App's Core Algorithm (reuters.com) 57

An anonymous reader quotes a report from Reuters: TikTok is working on a clone of its recommendation algorithm for its 170 million U.S. users that may result in a version that operates independently of its Chinese parent and be more palatable to American lawmakers who want to ban it, according to sources with direct knowledge of the efforts. The work on splitting the source code ordered by TikTok's Chinese parent ByteDance late last year predated a bill to force a sale of TikTok's U.S. operations that began gaining steam in Congress this year. The bill was signed into law in April. The sources, who were granted anonymity because they are not authorized to speak publicly about the short-form video sharing app, said that once the code is split, it could lay the groundwork for a divestiture of the U.S. assets, although there are no current plans to do so. The company has previously said it had no plans to sell the U.S. assets and such a move would be impossible. [...]

In the past few months, hundreds of ByteDance and TikTok engineers in both the U.S. and China were ordered to begin separating millions of lines of code, sifting through the company's algorithm that pairs users with videos to their liking. The engineers' mission is to create a separate code base that is independent of systems used by ByteDance's Chinese version of TikTok, Douyin, while eliminating any information linking to Chinese users, two sources with direct knowledge of the project told Reuters. [...] The complexity of the task that the sources described to Reuters as tedious "dirty work" underscores the difficulty of splitting the underlying code that binds TikTok's U.S. operations to its Chinese parent. The work is expected to take over a year to complete, these sources said. [...] At one point, TikTok executives considered open sourcing some of TikTok's algorithm, or making it available to others to access and modify, to demonstrate technological transparency, the sources said.

Executives have communicated plans and provided updates on the code-splitting project during a team all-hands, in internal planning documents and on its internal communications system, called Lark, according to one of the sources who attended the meeting and another source who has viewed the messages. Compliance and legal issues involved with determining what parts of the code can be carried over to TikTok are complicating the work, according to one source. Each line of code has to be reviewed to determine if it can go into the separate code base, the sources added. The goal is to create a new source code repository for a recommendation algorithm serving only TikTok U.S. Once completed, TikTok U.S. will run and maintain its recommendation algorithm independent of TikTok apps in other regions and its Chinese version Douyin. That move would cut it off from the massive engineering development power of its parent company in Beijing, the sources said. If TikTok completes the work to split the recommendation engine from its Chinese counterpart, TikTok management is aware of the risk that TikTok U.S. may not be able to deliver the same level of performance as the existing TikTok because it is heavily reliant on ByteDance's engineers in China to update and maintain the code base to maximize user engagement, sources added.

News

Julian Assange Wins High Court Victory in Case Against Extradition To US (theguardian.com) 111

Julian Assange has won a victory in his ongoing battle against extradition from the UK after judges at the high court in London granted him leave to appeal. From a report: Two judges deferred a decision in March on whether Assange, who is trying to avoid being prosecuted in the US on espionage charges relating to the publication of thousands of classified and diplomatic documents, could take his case to another appeal hearing. Assange had been granted permission to appeal only if the Biden administration was unable to provide the court with suitable assurances "that the applicant [Assange] is permitted to rely on the first amendment, that the applicant is not prejudiced at trial, including sentence, by reason of his nationality, that he is afforded the same first amendment [free speech] protections as a United States citizen, and that the death penalty is not imposed."

Legal argument on Monday focused on the issue of whether Assange would be allowed first amendment protections. Assange's team did not contest the assurance around the death penalty, accepting that it was an "unambiguous executive promise." Assange has been indicted on 17 espionage charges and one charge of computer misuse, exposing him to a maximum 175 years in prison, over his website's publication of a trove of classified US documents almost 15 years ago.

Network

Full Repairs To Damaged Red Sea Internet Cables Delayed by Yemen Political Splits (bloomberg.com) 11

Full repairs to three submarine internet cables damaged in the Red Sea in February are being held up by disputes over who controls access to infrastructure in Yemeni waters. From a report: The Yemeni government has granted permits for the repair of two out of three cables, but refused the third because of a dispute with one of the cable's consortium members. Repairs to the Seacom and EIG cables have been approved, but the consortium that runs AAE-1, which includes telecommunications company TeleYemen, was not granted a permit by Yemen's internationally recognized government, according to documents seen by Bloomberg.

Three out of more than a dozen cables that run through the Red Sea, a critical route for connecting Europe's internet infrastructure to Asia's, were knocked offline by the Houthi-sunk Rubymar vessel in late February. Although the telecommunications data that passes along the damaged cables was re-routed, the incident highlighted the vulnerability of critical subsea infrastructure and the challenges of making repairs in a conflict zone. The dispute over the third cable derives from the split political control of TeleYemen, the country's sole telecommunications provider, a reflection of the country's broader geopolitical divisions.

Space

Boeing Starliner's First Crewed Mission Scrubbed (techcrunch.com) 45

"Out of an abundance of caution," Boeing says its historic Starliner launch has been postponed, citing an issue with the oxygen relief valve on the Atlas V rocket's upper stage. It was expected to launch tonight at 10:34 p.m. ET. TechCrunch reports: There are backup launch opportunities on May 7, 10 and 11. After years of delays and over $1 billion in cost overruns, the mission is set to be Boeing's first attempt to transport astronauts to the International Space Station. Once the issue is resolved with the upper stage, the United Launch Alliance Atlas V will carry the CST-100 Starliner capsule to orbit along with the two onboard astronauts -- Butch Wilmore and Sunny Williams -- from Florida's Cape Canaveral at 10:34 PM local time Monday evening. The mission also marks the first time ULA's Atlas will carry crew. The rocket boasts a success rate of 100% across 99 missions. (ULA is a joint venture of Boeing and Lockheed Martin.)

The astronauts would now dock at the station at the earliest on Thursday, where they would remain for at least eight days. The two astronauts will return to Earth in the capsule no earlier than May 16. If all goes to plan, Boeing will be able to finally certify its Starliner for human transportation and begin fulfilling the terms of its $4.2 billion NASA astronaut taxi contract. That contract, under the agency's Commercial Crew Program, was awarded in 2014. Elon Musk's SpaceX was also granted a contract under that program, for its Crew Dragon capsule, and has been transporting astronauts to and from the ISS since 2020.

AI

The Rabbit R1 Could've Just Been a Mobile App (androidauthority.com) 36

The Rabbit R1 is one of the first standalone AI companion devices to hit the market, offering the ability to translate languages, identify objects in your environment, and order DoorDash, among other things. It's been in the news last week for its all around poor reviews that cite poor battery life, painfully slow responses, and missing features (sound familiar?). Now, it's been confirmed that the Rabbit R1 is powered by an Android app that can run on existing Android phones. Android Authority reports: What ended up souring a lot of people's opinions on the product was the revelation -- in an Android Authority original report -- that the R1 is basically an Android app in a box. Many consumers who believed that the product would be better suited as a mobile app felt validated after our report, but there was one stickler in it that we needed to address: how we got the R1 launcher up and running on an Android phone. See, in our preliminary report, we mentioned that the Rabbit R1's launcher app is intended to be preinstalled in the firmware and be granted several privileged, system-level permissions. While that statement is still true, we should've clarified that the R1 launcher doesn't actually need those permissions. In fact, none of the system-level permissions that the R1 launcher requests are at all necessary for the app to perform its core functionality.

To prove this, we got the Rabbit R1 launcher up and running again on a stock, unrooted Android device (a Xiaomi 13T Pro), thanks to help from a team of reverse engineers including ChromMob, EmilyLShepherd, marceld505, thel3l, and uwukko. We were able to go through the entire setup process as if our device was an actual Rabbit R1. Afterwards, we were able to talk to ChatGPT, use the Vision function to identify objects, play music from Spotify, and even record voice notes. As demonstrated in our hands-on video at the top of this article, all of the existing core functionality that the Rabbit R1 offers would work as an Android or even iOS app. The only functions that wouldn't work are unrelated to the product's core functionality and are things your phone can already do, such as powering off or rebooting the device, toggling Bluetooth, connecting to a cellular or Wi-Fi network, or setting a screen lock.

During our research, Android Authority was also able to obtain a copy of the Rabbit R1's firmware. Our analysis reveals that Rabbit did not make significant modifications to the BSP (Board Support Package) provided by MediaTek. The R1, in fact, still ships with all the standard apps included in AOSP, as well as the many apps provided by MediaTek. This is despite the fact that none of these apps are needed nor ever shown to the user, obviously. Rabbit only made a few changes to the AOSP build that MediaTek provided them, such as adding the aforementioned R1 launcher app, adding a fork of the open-source "AnySoftKeyboard" app with a custom theme, adding an OTA updater app, and adding a custom boot animation. [...] Yes, it's true that all the R1 launcher does is act as a local client to the cloud services offered by Rabbit, which is what truly handles the core functionality. It's also true that there's nothing wrong or unusual with companies using AOSP for their own hardware. But the fact of the matter is that Rabbit does little to justify its use of custom hardware except by making the R1 have an eye-catching design.

Privacy

When a Politician Sues a Blog to Unmask Its Anonymous Commenter 79

Markos Moulitsas is the poll-watching founder of the political blog Daily Kos. Thursday he wrote that in 2021, future third-party presidential candidate RFK Jr. had sued their web site.

"Things are not going well for him." Back in 2021, Robert F. Kennedy Jr. sued Daily Kos to unmask the identity of a community member who posted a critical story about his dalliance with neo-Nazis at a Berlin rally. I updated the story here, here, here, here, and here.

To briefly summarize, Kennedy wanted us to doxx our community member, and we stridently refused.

The site and the politician then continued fighting for more than three years. "Daily Kos lost the first legal round in court," Moulitsas posted in 2021, "thanks to a judge who is apparently unconcerned with First Amendment ramifications given the chilling effect of her ruling."

But even then, Moulitsas was clear on his rights: Because of Section 230 of the Communications Decency Act, [Kennedy] cannot sue Daily Kos — the site itself — for defamation. We are protected by the so-called safe harbor. That's why he's demanding we reveal what we know about "DowneastDem" so they can sue her or him directly.
Moulitsas also stressed that his own 2021 blog post was "reiterating everything that community member wrote, and expanding on it. And so instead of going after a pseudonymous community writer/diarist on this site, maybe Kennedy will drop that pointless lawsuit and go after me... consider this an escalation." (Among other things, the post cited a German-language news account saying Kennedy "sounded the alarm concerning the 5G mobile network and Microsoft founder Bill Gates..." Moulitsas also noted an Irish Times article which confirmed that at the rally Kennedy spoke at, "Noticeable numbers of neo-Nazis, kitted out with historic Reich flags and other extremist accessories, mixed in with the crowd.")

So what happened? Moulitsas posted an update Thursday: Shockingly, Kennedy got a trial court judge in New York to agree with him, and a subpoena was issued to Daily Kos to turn over any information we might have on the account. However, we are based in California, not New York, so once I received the subpoena at home, we had a California court not just quash the subpoena, but essentially signal that if New York didn't do the right thing on appeal, California could very well take care of it.

It's been a while since I updated, and given a favorable court ruling Thursday, it's way past time to catch everyone up.

New York is one of the U.S. states that doesn't have a strict "Dendrite standard" law protecting anonymous speech. But soon the blog founder discovered he had allies: The issues at hand are so important that The New York Times, the E.W.Scripps Company, the First Amendment Coalition, New York Public Radio, and seven other New York media companies joined the appeals effort with their own joint amicus brief. What started as a dispute over a Daily Kos diarist has become a meaningful First Amendment battle, with major repercussions given New York's role as a major news media and distribution center.

After reportedly spending over $1 million on legal fees, Kennedy somehow discovered the identity of our community member sometime last year and promptly filed a defamation suit in New Hampshire in what seemed a clumsy attempt at forum shopping, or the practice of choosing where to file suit based on the belief you'll be granted a favorable outcome. The community member lives in Maine, Kennedy lives in California, and Daily Kos doesn't publish specifically in New Hampshire. A perplexed court threw out the case this past February on those obvious jurisdictional grounds....

Then, last week, the judge threw out the appeal of that decision because Kennedy's lawyer didn't file in time — and blamed the delay on bad Wi-Fi...

Kennedy tried to dismiss the original case, the one awaiting an appellate decision in New York, claiming it was now moot. His legal team had sued to get the community member's identity, and now that they had it, they argued that there was no reason for the case to continue. We disagreed, arguing that there were important issues to resolve (i.e., Dendrite), and we also wanted lawyer fees for their unconstitutional assault on our First Amendment rights...

On Thursday, in a unanimous decision, a four-judge New York Supreme Court appellate panel ordered the case to continue, keeping the Dendrite issue alive and also allowing us to proceed in seeking damages based on New York's anti-SLAPP law, which prohibits "strategic lawsuits against public participation."

Thursday's blog post concludes with this summation. "Kennedy opened up a can of worms and has spent millions fighting this stupid battle. Despite his losses, we aren't letting him weasel out of this."
Crime

Russia Issues Arrest Warrant For Ex-Chess Champion Garry Kasparov (mirror.co.uk) 79

Longtime Slashdot reader ArchieBunker shares a report from The Mirror: The city court in Syktyvkar, the largest city in Russia's northwestern Komi region, announced it had arrested [former world chess champion Garry Kasparov] in absentia alongside former Russian parliament member Gennady Gudkov, Ivan Tyutrin co-founder of the Free Russia Forum -- which has been designated as an "undesirable organization in the country -- as well as former environmental activist Yevgenia Chirikova. All were charged with setting up a terrorist society, according to the court's press service. As all were charged in their absence, none were physically held in custody.

"The court has selected a measure of restraint for Garry Kasparov, Gennady Gudkov, Yevgenia Chirikova and Ivan Tyutrin, charged with establishing and heading a terrorist society, funding terrorist activity and justifying it publicly," the court said according to Kremlin-backed outlet TASS. "The court granted the investigative bodies' motions to remand Kasparov, Gudkov, Chirikova and Tyutrin in custody as a measure of restraint."

Kasparov responded to the court's bizarre arrest statement in an April 24 post shared on X, formerly Twitter. "In absentia is definitely the best way I've ever been arrested," he said. "Good company, as well. I'm sure we're all equally honored that Putin's terror state is spending time on this that would otherwise go persecuting and murdering."
The report notes that Kasparov "found himself in Russian President Vladimir Putin's firing line after he voiced his opposition to the country's leader." The report continues: "He has also pursued pro-democracy initiatives in Russia. But he felt unable to continue living in Russia after he was jailed and allegedly beaten by police in 2012, according to the Guardian. He was granted Croatian citizenship in 2014 following repeated difficulties in Russia."
Businesses

Canceling Your Credit Card May Not Stop Netflix's Recurring Charges (gizmodo.com) 89

Millions of Americans pay for Netflix, doling out anywhere from $6.99 to $22.99 a month. It's a common belief that you can get out of recurring charges like this by canceling your credit card. Netflix won't be able to find you, and your account will just go away, right? You wouldn't be crazy for believing it, but it's a myth that canceling a credit card will definitely stop your recurring charges. From a report: Nearly 46% of Americans opened a new credit card last year, according to Forbes, which means millions of Americans also canceled old ones. When you switch cards, Netflix doesn't just stop your service -- they just start charging your new card. Granted, it might be easier to just cancel your Netflix subscription directly. There's a largely hidden service that enables Netflix and most other subscription services to keep throwing charges at you indefinitely.

"Banks may automatically update credit or debit card numbers when a new card is issued. This update allows your card to continue to be charged, even if it's expired," Netflix says in its help center. Most major card providers offer a feature that enables this, including Visa. In 2003, Visa U.S.A. started offering a new software product to merchants called Visa Account Updater (VAU), according to a 2003 American Banker article. The service works with a network of banks to create a virtual tracking service of Americans' financial profiles. Whenever someone renews, or switches a credit card within their bank, the institution automatically update the VAU. This system lets Netflix and countless other corporations charge whatever card you have on file.

Businesses

Walmart and Roblox Are Teaming Up To Make Virtual E-commerce a Reality (digiday.com) 29

As of today, Walmart is able to sell physical goods directly to users inside Roblox. Digiday adds: The introduction of real-life e-commerce could be a watershed moment for the company's ambitions to become an all-encompassing destination for virtual life. Walmart's Roblox e-commerce experience launches later today, with users inside the pre-existing Walmart Discovered able to have real-life items shipped directly to their doorsteps. Users entering the experience will be greeted with a new storefront showcasing virtual twins of select physical items sold at real-life Walmart stores.

After trying out the virtual items on their avatars, players will be able to load an e-commerce experience that takes the form of a browser window inside Roblox imitating the experience of shopping on Walmart's website -- essentially a virtual laptop set up inside Roblox to access Walmart.com. The commerce feature within Walmart Discovered will be gated specifically to users aged 13 or older in the United States only. "There is a traditional sort of checkout flow where you put your name, your address and your credit card information, and that's all powered by a Walmart API that handles all of the information super securely -- it's very safe," said Walmart director of brand experiences and strategic partnerships Justin Breton. "And once you hit checkout, you'll get your confirmation email from Walmart. All of that is handled by us on the back end, the user will then get their item in the mail, but the virtual twin is granted immediately back on Roblox."

Government

Pegasus Spyware Used on Hundreds of People, Says Poland's Prosecutor General (apnews.com) 22

An anonymous reader shared this report from the Associated Press: Poland's prosecutor general told the parliament on Wednesday that powerful Pegasus spyware was used against hundreds of people during the former government in Poland, among them elected officials. Adam Bodnar told lawmakers that he found the scale of the surveillance "shocking and depressing...." The data showed that Pegasus was used in the cases of 578 people from 2017 to 2022, and that it was used by three separate government agencies: the Central Anticorruption Bureau, the Military Counterintelligence Service and the Internal Security Agency. The data show that it was used against six people in 2017; 100 in 2018; 140 in 2019; 161 in 2020; 162 in 2021; and then nine in 2022, when it stopped.... Bodnar said that the software generated "enormous knowledge" about the "private and professional lives" of those put under surveillance. He also stressed that the Polish state doesn't have full control over the data that is gathered because the system operates on the basis of a license that was granted by an Israeli company.
"Pegasus gives its operators complete access to a mobile device, allowing them to extract passwords, photos, messages, contacts and browsing history and activate the microphone and camera for real-time eavesdropping."
AI

EyeEm Will License Users' Photos To Train AI If They Don't Delete Them 27

Sarah Perez reports via TechCrunch: EyeEm, the Berlin-based photo-sharing community that exited last year to Spanish company Freepik after going bankrupt, is now licensing its users' photos to train AI models. Earlier this month, the company informed users via email that it was adding a new clause to its Terms & Conditions that would grant it the rights to upload users' content to "train, develop, and improve software, algorithms, and machine-learning models." Users were given 30 days to opt out by removing all their content from EyeEm's platform. Otherwise, they were consenting to this use case for their work.

At the time of its 2023 acquisition, EyeEm's photo library included 160 million images and nearly 150,000 users. The company said it would merge its community with Freepik's over time. Despite its decline, almost 30,000 people are still downloading it each month, according to data from Appfigures. Once thought of as a possible challenger to Instagram -- or at least "Europe's Instagram" -- EyeEm had dwindled to a staff of three before selling to Freepik, TechCrunch's Ingrid Lunden previously reported. Joaquin Cuenca Abela, CEO of Freepik, hinted at the company's possible plans for EyeEm, saying it would explore how to bring more AI into the equation for creators on the platform. As it turns out, that meant selling their work to train AI models. [...]

Of note, the notice says that these deletions from EyeEm market and partner platforms could take up to 180 days. Yes, that's right: Requested deletions take up to 180 days but users only have 30 days to opt out. That means the only option is manually deleting photos one by one. Worse still, the company adds that: "You hereby acknowledge and agree that your authorization for EyeEm to market and license your Content according to sections 8 and 10 will remain valid until the Content is deleted from EyeEm and all partner platforms within the time frame indicated above. All license agreements entered into before complete deletion and the rights of use granted thereby remain unaffected by the request for deletion or the deletion." Section 8 is where licensing rights to train AI are detailed. In Section 10, EyeEm informs users they will forgo their right to any payouts for their work if they delete their account -- something users may think to do to avoid having their data fed to AI models. Gotcha!
United States

Two Major ISPs Threaten They'll Stop Complying With US FISA Orders (msn.com) 34

An anonymous reader shared this report from the Washington Post: U.S. government officials were scrambling Friday night to prevent what they fear could be a significant loss of access to critical national security information, after two major U.S. communications providers said they would stop complying with orders under a controversial surveillance law that is set to expire at midnight, according to five people familiar with the matter.

One communications provider informed the National Security Agency that it would stop complying on Monday with orders under Section 702 of the Foreign Intelligence Surveillance Act, which enables U.S. intelligence agencies to gather without a warrant the digital communications of foreigners overseas — including when they text or email people inside the United States. Another provider suggested that it would cease complying at midnight Friday unless the law is reauthorized, according to the people familiar with the matter, who spoke on the condition of anonymity to discuss sensitive negotiations.

The companies' decisions, which were conveyed privately and have not previously been reported, have alarmed national security officials, who strongly disagree with their position and argue that the law requires the providers to continue complying with the government's surveillance orders even after the statute expires. That's because a federal court this month granted the government a one-year extension to continue intelligence collection.

UPDATE (4/20/2024): US Passes Bill Reauthorizing 'FISA' Surveillance for Two More Years.
AI

Author Granted Copyright Over Book With AI-Generated Text - With a Twist 41

The U.S. Copyright Office has granted a copyright registration to Elisa Shupe, a retired U.S. Army veteran, for her novel "AI Machinations: Tangled Webs and Typed Words," which extensively used OpenAI's ChatGPT in its creation. The registration is among the first for creative works incorporating AI-generated text, but with a significant caveat - Shupe is considered the author of the "selection, coordination, and arrangement" of the AI-generated content, not the text itself.

Shupe, who writes under the pen name Ellen Rae, initially filed for copyright in October 2022, seeking an Americans with Disabilities Act (ADA) exemption due to her cognitive impairments. The Copyright Office rejected her application but later granted the limited copyright after Shupe appealed. The decision, as Wired points out, highlights the agency's struggle to define authorship in the age of AI and the nuances of copyright protection for AI-assisted works.
Operating Systems

VMS Software Prunes OpenVMS Hobbyist Program (theregister.com) 60

Liam Proven reports via The Register: Bad news for those who want to play with OpenVMS in non-production use. Older versions are disappearing, and the terms are getting much more restrictive. The corporation behind the continued development of OpenVMS, VMS Software, Inc. -- or VSI to its friends, if it has any left after this -- has announced the latest Updates to the Community Program. The news does not look good: you can't get the Alpha and Itanium versions any more, only a limited x86-64 edition.

OpenVMS is one of the granddaddies of big serious OSes. A direct descendant of the OSes that inspired DOS, CP/M, OS/2, and Windows, as well as the native OS of the hardware on which Unix first went 32-bit, VMS has been around for nearly half a century. For decades, its various owners have offered various flavors of "hobbyist program" under which you could get licenses to install and run it for free, as long as it wasn't in production use. Since Compaq acquired DEC, then HP acquired Compaq, its prospects looked checkered. HP officially killed it off in 2013, then in 2014 granted it a reprieve and sold it off instead. New owner VSI ported it to x86-64, releasing that new version 9.2 in 2022. Around this time last year, we covered VSI adding AMD support and opening a hobbyist program of its own. It seems from the latest announcement that it has been disappointed by the reception: "Despite our initial aspirations for robust community engagement, the reality has fallen short of our expectations. The level of participation in activities such as contributing open source software, creating wiki articles, and providing assistance on forums has not matched the scale of the program. As a result, we find ourselves at a crossroads, compelled to reassess and recalibrate our approach."

Although HPE stopped offering hobbyist licenses for the original VAX versions of OpenVMS in 2020, VSI continued to maintain OpenVMS 8 (in other words, the Alpha and Itanium editions) while it worked on version 9 for x86-64. VSI even offered a Student Edition, which included a freeware Alpha emulator and a copy of OpenVMS 8.4 to run inside it. Those licenses run out in 2025, and they won't be renewed. If you have vintage DEC Alpha or HP Integrity boxes with Itanic chips, you won't be able to get a legal licensed copy of OpenVMS for them, or renew the license of any existing installations -- unless you pay, of course. There will still be a Community license edition, but from now on it's x86-64 only. Although OpenVMS 9 mainly targets hypervisors anyway, it does support bare-metal operations on a single model of HPE server, the ProLiant DL380 Gen10. If you have one of them to play with -- well, tough. Now Community users only get a VM image, supplied as a VMWare .vmdk file. It contains a ready-to-go "OpenVMS system disk with OpenVMS, compilers and development tools installed." Its license runs for a year, after which you will get a fresh copy. This means you won't be able to configure your own system and keep it alive -- you'll have to recreate it, from scratch, annually. The only alternative for those with older systems is to apply to be an OpenVMS Ambassador.

Power

Michigan Nuclear Plant Aims To Be First Ever To Reopen In US (canarymedia.com) 109

The Palisades Nuclear Plant in Michigan has won a $1.5 billion conditional federal loan to reopen after being closed for decommissioning in 2022. Canary Media reports: If the loan is granted (subject to Holtec meeting closing conditions) and the 800-megawatt reactor located on Lake Michigan is repowered, it would be the first nuclear plant in the U.S. to reopen after being closed for decommissioning. Surprisingly, it would be just the second or third reactor to restart in the history of global civil nuclear power, according to Mycle Schneider, lead author of the World Nuclear Industry Status Report 2023, in an interview with Bulletin of the Atomic Scientists.

Holtec purchased Palisades a month after it shut down with plans to mothball the site, but plans changed. Now the firm, which specializes in nuclear waste management and decommissioning (as opposed to rebuilding and operating nuclear plants), intends to revive the plant instead. Holtec plans to get the power plant restarted by the end of 2025, a breathtakingly aspirational target given nuclear's history of missing construction and cost targets. The Palisades plant was closed by utility Entergy in May 2022 due to financial issues after operating for more than a half-century. And while the plant had a strong operational performance record in recent years, it also has a sobering history of shutdowns due to failures of critical equipment, as well as broken fuel rods and fuel-spill incidents. The site was shut down for the final time a few days ahead of schedule due to concerns about the reliability of a key piece of equipment.

When it was operating at its peak, the plant provided more than 600 high-paying jobs, many unionized. If restarted, the plant could drive up to $363 million in regional economic impact, according to Michigan Governor Gretchen Whitmer, a Democrat. That's why Whitmer and a bipartisan coalition of lawmakers back resurrecting the retired reactor. Local business owners and residents are "largely supportive" of the plan as well, according to local news site MLive. The state's 2024 budget devotes $150 million to the project. Still, the revival of the dormant Palisades faces its share of headwinds.

Facebook

Facebook Allegedly Killed Its Own Streaming Service To Help Sell Netflix Ads (gizmodo.com) 14

An anonymous reader quotes a report from Gizmodo: Do you remember Facebook Watch? Me neither. Mark Zuckerberg's short-lived streaming service never really got off the ground, but court filings unsealed in Meta's antitrust lawsuit claim "Watch" was kneecapped starting in 2018 to protect Zuckerberg's advertising relationship with Netflix CEO Reed Hastings. "For nearly a decade, Netflix and Facebook enjoyed a special relationship," said plaintiffs in filings (PDF) made public on Saturday. "It is no great mystery how this close partnership developed, and who was its steward: from 2011-2019, Netflix's then-CEO Hastings sat on Facebook's board and personally directed the companies' relationship"

The filings detail Hastings' uncomfortably close relationship with Meta's upper management, including Zuckerberg and Sheryl Sandberg. During these years, Netflix was allegedly granted special access to Facebook users' private message inboxes, among other privileged analytics tools, in exchange for hundred-million-dollar advertising deals. This gave Facebook greater dominance in its all-important ad division, plaintiffs allege, so the company was fine to retreat from Netflix's streaming territory by shuttering Watch. In 2017, Facebook Watch began signing deals to populate its streaming service with original TV Shows from movie stars such as Bill Murray. A year later, the service attempted to license the popular '90s TV show Dawson's Creek. Facebook Watch had meaningful reach on the home screen of the social media platform, and an impressive budget as well. Facebook and Netflix appeared ready to butt heads in the streaming world, and the Netflix cofounder found himself in the middle as a Facebook board member. [...]

Netflix was a large advertiser to Facebook, and plaintiffs allege Zuckerberg shuttered its promising Watch platform for the sake of the greater advertising business. Zuckerberg personally emailed the head of Facebook Watch in May of 2018, Fidji Simo, to tell her their budget was being slashed by $750 million, just two years after Watch's launch, according to court filings. The sudden pivot meant Facebook was now dismantling the streaming business it had spent the last two years growing. During this time period, Netflix increased its ad spend on Facebook to roughly $150 million a year and allegedly entered into agreements for increased data analytics. By early 2019, the ad spend increased to roughly $200 million a year. Hastings left Facebook's board later in 2019.

UPDATE: Meta (Again) Denies Netflix Read Facebook Users' Private Messenger Messages.
Government

Biden Orders Every US Agency To Appoint a Chief AI Officer 48

An anonymous reader quotes a report from Ars Technica: The White House has announced the "first government-wide policy (PDF) to mitigate risks of artificial intelligence (AI) and harness its benefits." To coordinate these efforts, every federal agency must appoint a chief AI officer with "significant expertise in AI." Some agencies have already appointed chief AI officers, but any agency that has not must appoint a senior official over the next 60 days. If an official already appointed as a chief AI officer does not have the necessary authority to coordinate AI use in the agency, they must be granted additional authority or else a new chief AI officer must be named.

Ideal candidates, the White House recommended, might include chief information officers, chief data officers, or chief technology officers, the Office of Management and Budget (OMB) policy said. As chief AI officers, appointees will serve as senior advisers on AI initiatives, monitoring and inventorying all agency uses of AI. They must conduct risk assessments to consider whether any AI uses are impacting "safety, security, civil rights, civil liberties, privacy, democratic values, human rights, equal opportunities, worker well-being, access to critical resources and services, agency trust and credibility, and market competition," OMB said. Perhaps most urgently, by December 1, the officers must correct all non-compliant AI uses in government, unless an extension of up to one year is granted.

The chief AI officers will seemingly enjoy a lot of power and oversight over how the government uses AI. It's up to the chief AI officers to develop a plan to comply with minimum safety standards and to work with chief financial and human resource officers to develop the necessary budgets and workforces to use AI to further each agency's mission and ensure "equitable outcomes," OMB said. [...] Among the chief AI officer's primary responsibilities is determining what AI uses might impact the safety or rights of US citizens. They'll do this by assessing AI impacts, conducting real-world tests, independently evaluating AI, regularly evaluating risks, properly training staff, providing additional human oversight where necessary, and giving public notice of any AI use that could have a "significant impact on rights or safety," OMB said. Chief AI officers will ultimately decide if any AI use is safety- or rights-impacting and must adhere to OMB's minimum standards for responsible AI use. Once a determination is made, the officers will "centrally track" the determinations, informing OMB of any major changes to "conditions or context in which the AI is used." The officers will also regularly convene "a new Chief AI Officer Council to coordinate" efforts and share innovations government-wide.
Chief AI officers must consult with the public and maintain options to opt-out of "AI-enabled decisions," OMB said. "However, these chief AI officers also have the power to waive opt-out options "if they can demonstrate that a human alternative would result in a service that is less fair (e.g., produces a disparate impact on protected classes) or if an opt-out would impose undue hardship on the agency."

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