AT&T

Judge Dismisses AT&T's Attempt To Stall Google Fiber Construction In Louisville (arstechnica.com) 52

An anonymous reader quotes a report from Ars Technica: AT&T has lost a court case in which it tried to stall construction by Google Fiber in Louisville, Kentucky. AT&T sued the local government in Louisville and Jefferson County in February 2016 to stop a One Touch Make Ready Ordinance designed to give Google Fiber and other new ISPs quicker access to utility poles. But yesterday, U.S. District Court Judge David Hale dismissed the lawsuit with prejudice, saying AT&T's claims that the ordinance is invalid are false. "We are currently reviewing the decision and our next steps," AT&T said when contacted by Ars today. One Touch Make Ready rules let ISPs make all of the necessary wire adjustments on utility poles themselves instead of having to wait for other providers like AT&T to send work crews to move their own wires. Without One Touch Make Ready rules, the pole attachment process can cause delays of months before new ISPs can install service to homes. Google Fiber has continued construction in Louisville despite the lawsuit and staff cuts that affected deployments in other cities.
Social Networks

Thai Activist Jailed For the Crime of Sharing an Article on Facebook (eff.org) 104

An anonymous reader shares a report: Thai activist Jatuphat "Pai" Boonpattaraksa was sentenced this week to two and a half years in prison -- for the crime of sharing a BBC article on Facebook. The Thai-language article profiled Thailand's new king and, while thousands of users shared it, only Jutaphat was found to violate Thailand's strict lese majeste laws against insulting, defaming, or threatening the monarchy. The sentence comes after Jatuphat has already spent eight months in detention without bail. During this time, Jatuphat has fought additional charges for violating the Thai military junta's ban on political gatherings and for other activism with Dao Din, an anti-coup group. While in trial in military court, Jatuphat also accepted the Gwangzu Prize for Human Rights. When he was arrested last December, Jatuphat was the first person to be charged with lese majeste since the former King Bhumibol passed away and his son Vajiralongkorn took the throne. (He was not, however, the first to receive a sentence -- this past June saw one of the harshest rulings to date, with one man waiting over a year in jail to be sentenced to 35 years for Facebook posts critical of the royal family.) The conviction, which appears to have singled Jatuphat out among thousands of other Facebook users who shared the article, sends a strong message to other activists and netizens: overbroad laws like lese majeste can and will be used to target those who oppose military rule in Thailand.
Piracy

Roku Gets Tough On Pirate Channels, Warns Users (torrentfreak.com) 74

An anonymous reader quotes a report from TorrentFreak: Earlier this year Roku was harshly confronted with this new piracy crackdown when a Mexican court ordered local retailers to take its media player off the shelves. While this legal battle isn't over yet, it was clear to Roku that misuse of its platform wasn't without consequences. While Roku never permitted any infringing content, it appears that the company has recently made some adjustments to better deal with the problem, or at least clarify its stance. Pirate content generally doesn't show up in the official Roku Channel Store but is directly loaded onto the device through third-party "private" channels. A few weeks ago, Roku renamed these "private" channels to "non-certified" channels, while making it very clear that copyright infringement is not allowed. A "WARNING!" message that pops up during the installation of these third-party channels stresses that Roku has no control over the content. In addition, the company notes that these channels may be removed if it links to copyright infringing content.

"By continuing, you acknowledge you are accessing a non-certified channel that may include content that is offensive or inappropriate for some audiences," Roku's warning reads. "Moreover, if Roku determines that this channel violates copyright, contains illegal content, or otherwise violates Roku's terms and conditions, then ROKU MAY REMOVE THIS CHANNEL WITHOUT PRIOR NOTICE."

Microsoft

The Docx Games: Three Days At the Microsoft Office World Championship (theverge.com) 57

An anonymous reader shares a report: On a Sunday night two weeks back, in the Rose Court Garden of the Disneyland Hotel in Anaheim, California, 150 antsy competitors between the ages of 13 and 22 milled around eating miniature whoopie pies by the light of the Moon, sizing up their global rivals in the efficient use of Excel, PowerPoint, and Word. It was as if the Olympics opening ceremony was replaced by a networking event: teens were decked out in national T-shirts, while others handed out business cards specially made for the event. At one table off by the bar, two chaperones nudged their folding chairs closer together and taught each other how to say hello ("Yassas," "Ciao") in their respective mother tongues. In the distance, through the palms, the tiki torches of Trader Sam's, the hotel's poolside lounge, were flickering into the black sky. This marked the first night of the 16th Microsoft Office Specialist (MOS) World Championship, in which teens and young 20-somethings compete for the title of World Champion in their chosen professional application. It's an event put on annually by Certiport, a Utah-based subsidiary of standardized testing giant Pearson VUE. It's also a marketing stunt, pure and simple, devised to promote Certiport's line of Microsoft Office certifications. This allows the certified to confirm the line on their resume that claims "proficiency in MS Office" is backed up by some solid knowledge of deep formatting and presentation design.
Businesses

No Cash For Hate, Say Mainstream Crowdfunding Firms (reuters.com) 396

An anonymous reader shares a report: Online fund-raising sites are turning their backs on activists looking to offer financial support for James Fields, the man accused of driving his car into counter-protesters at a white-nationalist rally in Charlottesville, Virginia on Saturday. GoFundMe, Kickstarter and other mainstream crowdfunding firms have policies that prohibit hate speech or abuse, the latest example of technology firms making it harder for far-right groups to organize online. Fields is accused of killing one woman and injuring 19 others on Saturday after the rally in Charlottesville turned violent. Supporters of Fields, who was denied bail at a court hearing in Virginia on Monday, have turned to the internet to raise money for his legal defense. GoFundMe, one of the two leading crowdfunding firms, said on Monday it has removed multiple fundraising campaigns for Fields, because the company prohibits the promotion of hate speech and violence.
Communications

Tech Companies Urge Supreme Court To Boost Cellphone Privacy (reuters.com) 29

More than a dozen high technology companies and the biggest wireless operator in the United States, Verizon, have called on the U.S. Supreme Court to make it harder for government officials to access individuals' sensitive cellphone data. From a report: The companies filed a 44-page brief with the court on Monday night in a high-profile dispute over whether police should have to get a warrant before obtaining data that could reveal a cellphone user's whereabouts. Signed by some of Silicon Valley's biggest names, including Apple, Facebook, Twitter, Snap and Alphabet's Google, the brief said that as individuals' data is increasingly collected through digital devices, greater privacy protections are needed under the law. "That users rely on technology companies to process their data for limited purposes does not mean that they expect their intimate data to be monitored by the government without a warrant," the brief said.
Government

Justice Department Demands 1.3 Million IP Addresses Related To Anti-Trump Website (theverge.com) 383

An anonymous reader quotes a report from The Verge: In a blog post today, online web hosting provider DreamHost disclosed that it has been involved in a months-long legal battle with the Justice Department over records on visitors to an anti-Trump website. The dispute focuses on a Justice Department demand for information on data related to disruptj20.org, which describes itself as a group of activists "building the framework needed for mass protests to shut down the inauguration of Donald Trump and planning widespread direct actions to make that happen." DreamHost is taking issue with a warrant issued by the department for "all files" related to the website, which DreamHost says would compel them to turn over electronic data like visitor logs. That would include IP addresses and other information that could be used to identify anyone who visited the site. "The request from the DOJ demands that DreamHost hand over 1.3 million visitor IP addresses -- in addition to contact information, email content, and photos of thousands of people -- in an effort to determine who simply visited the website," the company said in its blog post. The warrant, DreamHost argues, would also require it to hand over any communications that are even tangentially related to the website.

"In essence, the Search Warrant not only aims to identify the political dissidents of the current administration, but attempts to identify and understand what content each of these dissidents viewed on the website," the company said in a legal filing arguing against the warrant. A hearing on the situation is set for Friday in Washington, DC Superior Court.

The Courts

Judge Says LinkedIn Cannot Block Startup From Public Profile Data (reuters.com) 163

A U.S. federal judge on Monday ruled that LinkedIn cannot prevent a startup from accessing public profile data, in a test of how much control a social media site can wield over information its users have deemed to be public. Reuters reports: U.S. District Judge Edward Chen in San Francisco granted a preliminary injunction request brought by hiQ Labs, and ordered LinkedIn to remove within 24 hours any technology preventing hiQ from accessing public profiles. The dispute between the two tech companies has been going on since May, when LinkedIn issued a letter to hiQ Labs instructing the startup to stop scraping data from its service. HiQ Labs responded by filing a suit against LinkedIn in June, alleging that the Microsoft-owned social network was in violation of antitrust laws. HiQ Labs uses the LinkedIn data to build algorithms capable of predicting employee behaviors, such as when they might quit. "To the extent LinkedIn has already put in place technology to prevent hiQ from accessing these public profiles, it is ordered to remove any such barriers," Chen's order reads. Meanwhile, LinkedIn said in a statement: "We're disappointed in the court's ruling. This case is not over. We will continue to fight to protect our members' ability to control the information they make available on LinkedIn."
Google

Google Pays Apple $3 Billion Per Year To Remain On the iPhone, Analyst Says (cnbc.com) 101

In a note to investors on Monday, Bernstein analyst A.M. Sacconaghi Jr. said Google is paying Apple billions of dollars per year to remain the default search engine on iPhones and iPads. "The firm believes that Google will pay Apple about $3 billion this year, up from $1 billion just three years ago, and that Google's licensing fees make up a large bulk of Apple's services business," reports CNBC. From the report: "Court documents indicate that Google paid Apple $1 billion in 2014, and we estimate that total Google payments to Apple in FY 17 may approach $3 billion," Bernstein analyst A.M. Sacconaghi Jr. said. "Given that Google payments are nearly all profit for Apple, Google alone may account for 5% of Apple's total operating profits this year, and may account for 25% of total company OP growth over the last two years."

The Courts

Silicon Valley Billionaire Fails To Prevent Access To Public Beach (theguardian.com) 283

Robotron23 writes: Vinod Khosla, a Silicon Valley venture capitalist, has lost his appeal to privatize Martins Beach -- a publicly-owned strip of coastline in California. Having previously fenced off the land in a bid to render the area private, Khosla has been ordered to restore access by a California court. Khosla had previously demanded the government pay him $30 million to reopen the gate to the beachfront. The law of California states that all beaches should be open to the public up to the "mean high tide line." "The decision this week, affirming a lower court ruling, stems from a lawsuit filed by the Surfrider Foundation, a not-for-profit group that says the case could have broader implications for beach access across the U.S.," reports The Guardian.
Transportation

VC Firm Benchmark Capital, An Early Investor In Uber, Sues Travis Kalanick For Fraud (axios.com) 21

Dan Primack, reporting for Axios: The battle between Benchmark Capital and Travis Kalanick just went nuclear, with the venture capital firm suing the former Uber CEO for fraud, breach of contract and breach of fiduciary duty. The complaint was filed earlier today in Delaware Chancery Court. Key graph, per the suit: "Kalanick, the former CEO of Uber, to entrench himself on Uber's Board of Directors and increase his power over Uber for his own selfish ends. Kalanick's overarching objective is to pack Uber's Board with loyal allies in an effort to insulate his prior conduct from scrutiny and clear the path for his eventual return as CEO -- all to the detriment of Uber's stockholders, employees, driver-partners, and customers." Why it matters: If Benchmark's suit is successful, Kalanick would be kicked off Uber's board of directors -- thus eliminating any faint hopes of him returning to the company in a substantial role.
Privacy

Disney Sued For Allegedly Spying On Children Through 42 Gaming Apps (washingtonpost.com) 40

schwit1 shares a report from The Washington Post (Warning: may be paywalled; alternative source): The Walt Disney Co. secretly collects personal information on some of their youngest customers and shares that data illegally with advertisers without parental consent, according to a federal lawsuit filed late last week in California. The class-action suit targets Disney and three other software companies -- Upsight, Unity and Kochava -- alleging that the mobile apps they built together violate the law by gathering insights about app users across the Internet, including those under the age of 13, in ways that facilitate "commercial exploitation."

The plaintiffs argue that Disney and its partners violated COPPA, the Children's Online Privacy Protection Act, a federal law designed to protect the privacy of children on the Web. The lawsuit, filed in U.S. District Court for the District of Northern California, seeks an injunction barring the companies from collecting and disclosing the data without parental consent, as well as punitive damages and legal fees. The lawsuit alleges that Disney allowed the software companies to embed trackers in apps such as "Disney Princess Palace Pets" and "Where's My Water? 2." Once installed, tracking software can then "exfiltrate that information off the smart device for advertising and other commercial purposes," according to the suit. Disney should not be using those software development companies, said Jeffrey Chester, the executive director of the Center for Digital Democracy. "These are heavy-duty technologies, industrial-strength data and analytic companies whose role is to track and monetize individuals," Chester said. "These should not be in little children's apps."
Disney responded to the lawsuit, saying: "Disney has a robust COPPA compliance program, and we maintain strict data collection and use policies for Disney apps created for children and families. The complaint is based on a fundamental misunderstanding of COPPA principles, and we look forward to defending this action in court."
Privacy

Prison Time For Manager Who Hacked Ex-Employer's FTP Server, Email Account (bleepingcomputer.com) 37

Catalin Cimpanu, writing for BleepingComputer: Jason Needham, 45, of Arlington, Tennessee was sentenced last week to 18 months in prison and two years of supervised release for hacking his former company's FTP server and the email account of one of his former colleagues. Needham did all the hacking after he left his former employer, Allen & Hoshall (A&H), a design and engineering firm for which he worked until 2013. Needham left to create his own company named HNA Engineering together with a business partner. HNA is also a design and engineering firm. According to court documents obtained by Bleeping Computer, between May 2014 and March 2016, Needham hacked into the email account of one of his former co-workers. From this account, the FBI says Needham took sensitive business information, company fee structures, marketing plans, project proposals, and lists of credentials for A&H's FTP server. A&H rotated its FTP credentials every six months, but Needham acquired new logins from his former colleague's email account.
Patents

'Podcasting Patent' Is Totally Dead, Appeals Court Rules (arstechnica.com) 30

A federal appeals court affirmed the April 2015 inter partes review (IPR) ruling -- a process that allows anyone to challenge a patent's validity at the U.S. Patent and Trademark Office -- that invalidated the so-called "podcasting patent." "That process was held by a company called Personal Audio, which had threatened numerous podcasts with lawsuits in recent years," reports Ars Technica. From the report: Back in 2013, Personal Audio began sending legal demand letters to numerous podcasters and companies, like Samsung, in an apparent attempt to cajole them into a licensing deal, lest they be slapped with a lawsuit. Some of those efforts were successful: in August 2014, Adam Carolla paid about $500,000. As Personal Audio began to gain more public attention, the Electronic Frontier Foundation, however, stepped in and said that it would challenge Personal Audio's US Patent No. 8,112,504, which describes a "system for disseminating media content representing episodes in a serialized sequence." In the end, EFF raised over $76,000, more than double its initial target.

[T]he history of Personal Audio dates to the late 1990s, when founder Jim Logan created a company seeking to create a kind of proto-iPod digital music player. But his company flopped. Years later, Logan turned to lawsuits to collect money from those investments. He sued companies over both the "episodic content" patent, as well as a separate patent, which Logan and his lawyers said covered playlists. He and his lawyers wrung verdicts or settlements from Samsung and Apple.

The Courts

Who's Profiting From The WannaCry Ransoms? (cnn.com) 31

CNN reports: For months, the ransom money from the massive WannaCry cyberattack sat untouched in online accounts. Now, someone has moved it. More than $140,000 worth of digital currency bitcoin has been drained from three accounts linked to the ransomware virus that hit hundreds of thousands of computers around the world in May.
Meanwhile, a Ukrainian law firm wants NotPetya victims to join a collective lawsuit against Intellect-Service LLC, the company behind the M.E.Doc accounting software, said to be the point of origin of the NotPetya ransomware outbreak. An anonymous reader quotes BleepingComputer: The NotPetya ransomware spread via a trojanized M.E.Doc update, according to Microsoft, Bitdefender, Kaspersky, Cisco, ESET, and Ukrainian Cyber Police. A subsequent investigation revealed that Intellect-Service had grossly mismanaged the hacked servers, which were left without updates since 2013 and were backdoored on three different occasions... The Juscutum Attorneys Association says that on Tuesday, Ukrainian Cyber Police confirmed that M.E.Doc servers were backdoor on three different occasions in an official document. The company is now using this document as the primary driving force behind its legal action.
The law firm says victims must pay all of the court fees -- and give them 30% of any awarded damages.
Open Source

Linux Kernel Hardeners Grsecurity Sue Open Source's Bruce Perens (theregister.co.uk) 306

An anonymous reader shares a report from The Register: In late June, noted open-source programmer Bruce Perens [a longtime Slashdot reader] warned that using Grsecurity's Linux kernel security could invite legal trouble. "As a customer, it's my opinion that you would be subject to both contributory infringement and breach of contract by employing this product in conjunction with the Linux kernel under the no-redistribution policy currently employed by Grsecurity," Perens wrote on his blog. The following month, Perens was invited to court. Grsecurity sued the open-source doyen, his web host, and as-yet-unidentified defendants who may have helped him draft that post, for defamation and business interference. Grsecurity offers Linux kernel security patches on a paid-for subscription basis. The software hardens kernel defenses through checks for common errors like memory overflows. Perens, meanwhile, is known for using the Debian Free Software Guidelines to draft the Open Source Definition, with the help of others.

Grsecurity used to allow others to redistribute its patches, but the biz ended that practice for stable releases two years ago and for test patches in April this year. It offers its GPLv2 licensed software through a subscription agreement. The agreement says that customers who redistribute the code -- a right under the GPLv2 license -- will no longer be customers and will lose the right to distribute subsequent versions of the software. According to Perens, "GPL version 2 section 6 explicitly prohibits the addition of terms such as this redistribution prohibition." A legal complaint (PDF) filed on behalf of Grsecurity in San Francisco, California, insists the company's software complies with the GPLv2. Grsecurity's agreement, the lawsuit states, only applies to future patches, which have yet to be developed. Perens isn't arguing that the GPLv2 applies to unreleased software. Rather, he asserts the GPLv2, under section 6, specifically forbids the addition of contractual terms.

The Internet

Supreme Court Moves Toward Digital With Online Court Filings (thehill.com) 20

An anonymous reader quotes a report from The Hill: Supreme Court case documents will soon be made available for the first time online. The court announced Thursday that it will launch an electronic filing system on Nov. 13 that will make "virtually all new filings" accessible to the public via the court's website for free. Court documents for the lower courts are typically available online through the Public Access to Court Electronics Records, which charges a fee per page. The court's announcement comes just days after the high court unveiled a newly designed website. Court watchers say it's a surprising, but welcome, jump into the 21st century for a court that's been reluctant over the years to advance its technologies.
The Courts

'Pharma Bro' Martin Shkreli Found Guilty of 3 of 8 Charges, Including Securities Fraud (cnbc.com) 146

Former pharmaceutical chief executive Martin Shkreli has been found guilty of securities fraud. A New York City jury returned the verdict after five days of deliberations. From a report: Shkreli, 34, was convicted of some of the eight criminal counts that he had faced, which had included securities fraud and conspiracy to commit both securities fraud and wire fraud, after a more-than-month-long trial in Brooklyn, New York, federal court. Of the eight counts, Shkreli was found guilty of three. Those included conspiracy to commit securities fraud, and two counts of securities fraud. He was found not guilty of five counts, including those related to wire fraud. He faces up to 20 years in prison when he is sentenced.
Security

The Kronos Indictment: Is it a Crime To Create and Sell Malware? (washingtonpost.com) 199

Marcus Hutchins, the 23-year-old British security researcher who was credited with stopping the WannaCry outbreak in its tracks by discovering a hidden "kill switch" for the malware, was arrested by the FBI over his alleged involvement in separate malicious software targeting bank accounts. According to an indictment released by the US Department of Justice on Thursday, Hutchins is accused of having helped to create, spread and maintain the banking trojan Kronos between 2014 and 2015. Hutchins, who is indicted with another unnamed co-defendant, stands accused of six counts of hacking-related crimes as a result of his alleged involvement with Kronos. A preliminary analysis of those counts suggest that the government will face significant legal challenges. Orin Kerr, the Fred C. Stevenson Research Professor at The George Washington University Law School, writes: The indictment asserts that Hutchins created the malware and an unnamed co-conspirator took the lead in selling it. The indictment charges a slew of different crimes for that: (1) conspiracy to violate the Computer Fraud and Abuse Act; (2) three counts of violating 18 U.S.C. 2512, which prohibits selling and advertising wiretapping devices; (3) a count of wiretapping; and (4) a count of violating the Computer Fraud and Abuse Act through accomplice liability -- basically, aiding and abetting a hacking crime. Do the charges hold up? Just based on a first look at the case, my sense is that the government's theory of the case is fairly aggressive. It will lead to some significant legal challenges. It's hard to say, at this point, how those challenges will play out. The indictment is pretty bare-bones, and we don't have all the facts or even what the government thinks are the facts.
Businesses

Monsanto Leaks Suggest It Tried To Kill Cancer Research On Roundup Weed Killer (rt.com) 242

Danny Hakim reports via The New York Times (Warning: article may be paywalled; alternate source): Documents released Tuesday in a lawsuit against Monsanto raised new questions about the company's efforts to influence the news media and scientific research and revealed internal debate over the safety of its highest-profile product, the weed killer Roundup. The active ingredient in Roundup, glyphosate, is the most common weed killer in the world and is used by farmers on row crops and by home gardeners. While Roundup's relative safety has been upheld by most regulators, a case in federal court in San Francisco continues to raise questions about the company's practices and the product itself.

The documents underscore the lengths to which the agrochemical company goes to protect its image. Documents show that Henry I. Miller, an academic and a vocal proponent of genetically modified crops, asked Monsanto to draft an article for him that largely mirrored one that appeared under his name on Forbes's website in 2015. Mr. Miller could not be reached for comment. A similar issue appeared in academic research. An academic involved in writing research funded by Monsanto, John Acquavella, a former Monsanto employee, appeared to express discomfort with the process, writing in a 2015 email to a Monsanto executive, "I can't be part of deceptive authorship on a presentation or publication." He also said of the way the company was trying to present the authorship: "We call that ghost writing and it is unethical." Mr. Miller's 2015 article on Forbes's website was an attack on the findings of the International Agency for Research on Cancer, a branch of the World Health Organization that had labeled glyphosate a probable carcinogen, a finding disputed by other regulatory bodies. In the email traffic, Monsanto asked Mr. Miller if he would be interested in writing an article on the topic, and he said, "I would be if I could start from a high-quality draft." The article appeared under Mr. Miller's name, and with the assertion that "opinions expressed by Forbes Contributors are their own." The magazine did not mention any involvement by Monsanto in preparing the article.

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