The Courts

Judge Backs Parents, Saying Their 30-Year-Old Son Must Move Out (npr.org) 51

"Attention geeks living in their parents' basements!" writes PolygamousRanchKid , sharing this story from NPR: The promise of adventure didn't do it. Neither did the lure of independence, or the weight of his 30 years. Instead, it took a judge to pry Michael Rotondo from his parents' home. The couple won an eviction order against their son, after a judge argued with Rotondo for 30 minutes. "I don't see why they can't just, you know, wait a little bit for me to leave the house," Rotondo told Donald Greenwood, a justice on the Onondaga County Supreme Court...

Christina and Mark Rotondo resorted to legal action after a series of notes to their son (starting on Feb. 2) failed to get him to move out of their home in Camillus, New York, a town west of Syracuse. Those notes followed discussions that began last October. The notes to Michael Rotondo ranged from orders to leave and encouragement to get a job, to offers of more than $1,000 and help in finding a place... The notes escalated into a formally worded notice for Rotondo to leave that set a 30-day deadline -- which lapsed on March 15...

In a legal filing cited by CNYCentral, Rotondo said that in the eight years he has lived at his parents' house, he "has never been expected to contribute to household expenses, or assisted with chores and the maintenance of the premises," and that those conditions are simply part of an informal agreement. When he was in his early 20s, Rotondo briefly lived on his own, but he moved back in with his parents after losing a job...

The case is being seen as an extreme example of a growing trend. As NPR reported in 2016, a Pew study found that, "For the first time in more than 130 years, Americans ages 18-34 are more likely to live with their parents than in any other living situation."

The Courts

Tesla Agrees To Settle Class Action Over Autopilot Billed As 'Safer' (reuters.com) 65

An anonymous reader quotes a report from Reuters: Tesla on Thursday reached an agreement to settle a class action lawsuit with buyers of its Model S and Model X cars who alleged that the company's assisted-driving Autopilot system was "essentially unusable and demonstrably dangerous." The lawsuit said Tesla misrepresented on its website that the cars came with capabilities designed to make highway driving "safer." The Tesla owners said they paid an extra $5,000 to have their cars equipped with the Autopilot software with additional safety features such as automated emergency braking and side collision warning. The features were "completely inoperable," according to the complaint. Under the proposed agreement, class members, who paid to get the Autopilot upgrade between 2016 and 2017, will receive between $20 and $280 in compensation. Tesla has agreed to place more than $5 million into a settlement fund, which will also cover attorney fees.
Facebook

Facebook Accused of Conducting Mass Surveillance Through Its Apps (theguardian.com) 91

A court case in California alleges that Facebook used its apps to gather information about users and their friends, including some who had not signed up to the social network, reading their text messages, tracking their locations and accessing photos on their phones. The Guardian reports: The claims of what would amount to mass surveillance are part of a lawsuit brought against the company by the former startup Six4Three, listed in legal documents filed at the superior court in San Mateo as part of a court case that has been ongoing for more than two years. The allegations about surveillance appear in a January filing, the fifth amended complaint made by Six4Three. It alleges that Facebook used a range of methods, some adapted to the different phones that users carried, to collect information it could use for commercial purposes.

"Facebook continued to explore and implement ways to track users' location, to track and read their texts, to access and record their microphones on their phones, to track and monitor their usage of competitive apps on their phones, and to track and monitor their calls," one court document says. But all details about the mass surveillance scheme have been redacted on Facebook's request in Six4Three's most recent filings. Facebook claims these are confidential business matters. It has until next Tuesday to submit a claim to the court for the documents to remain sealed from public view.

The Courts

Samsung Must Pay Apple $539 Million For Infringing iPhone Design Patents, Jury Finds (cnet.com) 143

Samsung must pay Apple $539 million for infringing five patents with Android phones it sold in 2010 and 2011, a jury has found in a legal fight that dates back seven years. "The unanimous decision, in the U.S. District Court in San Jose in the heart of Silicon Valley, is just about halfway between what the two largest mobile phone makers had sought in a high-profile case that reaches back to 2011," reports CNET. From the report: The bulk of the damages payment, $533,316,606, was for infringing three Apple design patents. The remaining $5,325,050 was for infringing two utility patents. Samsung already had been found to infringe the patents, but this trial determined some of the damages. The jury's rationale isn't clear, but the figure is high enough to help cement the importance of design patents in the tech industry. Even though they only describe cosmetic elements of a product, they clearly can have a lot of value.

Samsung showed its displeasure and indicated the fight isn't over. "Today's decision flies in the face of a unanimous Supreme Court ruling in favor of Samsung on the scope of design patent damages. We will consider all options to obtain an outcome that does not hinder creativity and fair competition for all companies and consumers," Samsung said.

Businesses

Internal Documents Show Apple Knew the iPhone 6 Would Bend (vice.com) 128

In 2014, multiple users reported that their iPhone 6 and 6 Plus handsets were bending under pressure, such as when they were kept in a pocket. As a byproduct of this issue, the touchscreen's internal hardware was also susceptible to losing its connection to the phone's logic board. It turns out, Apple was aware that this could happen. Motherboard: Apple's internal tests found that the iPhone 6 and iPhone 6 Plus are significantly more likely to bend than the iPhone 5S, according to information made public in a recent court filing obtained by Motherboard. Publicly, Apple has never said that the phones have a bending problem, and maintains that position, despite these models commonly being plagued with "touch disease," a flaw that causes the touchscreen to work intermittently that the repair community say is a result of bending associated with normal use. The information is contained in internal Apple documents filed under seal in a class-action lawsuit that alleges Apple misled customers about touch disease. The documents remain under seal, but US District Court judge Lucy Koh made some of the information from them public in a recent opinion in the case. The company found that the iPhone 6 is 3.3 times more likely to bend than the iPhone 5s, and the iPhone 6 Plus is 7.2 times more likely to bend than the iPhone 5s, according to the documents. Koh wrote that "one of the major concerns Apple identified prior to launching the iPhones was that they were 'likely to bend more easily when compared to previous generations.'"
Crime

Gamers Involved In Fatal Wichita 'Swatting' Indicted On Federal Charges (kansas.com) 426

bricko shares a report from Kansas: A federal grand jury has indicted the man accused in Wichita's fatal swatting as well as the two gamers involved in the video game dispute that prompted the false emergency call. The 29-page indictment was unsealed Wednesday in U.S. District Court for the District of Kansas. It charges 25-year-old Tyler Barriss, who is facing state court charges including involuntary manslaughter, with false information and hoaxes, cyberstalking, threatening to kill another or damage property by fire, interstate threats, conspiracy and several counts of wire fraud, according to federal court records. One of the gamers -- 18-year-old Casey S. Viner of North College Hill, Ohio -- is charged with several counts of wire fraud, conspiracy, obstruction of justice and conspiracy to obstruct justice. The other gamer -- 19-year-old Shane M. Gaskill of Wichita -- is charged with several counts of obstruction of justice, wire fraud and conspiracy to obstruct justice.
UPDATE (5/26/18): Both Barriss and Viner are now facing life in prison.
The Courts

ACLU Sues ICE For License Plate Reader Contracts, Records (sfgate.com) 83

An anonymous reader quotes a report from SFGate: The American Civil Liberties Union on Wednesday sued U.S. Immigration and Customs Enforcement for records about the agency's use of license plate reader technology, after ICE apparently failed to turn over records following multiple requests. In December, ICE purchased access to two databases of ALPR data, the complaint reads. One of those databases is managed by Vigilant Solutions, which has contracts with more than two dozen Bay Area law enforcement agencies. "We believe the other is managed by Thomson Reuters," ACLU laywer Vasudha Talla said. The ACLU and other privacy advocates have expressed concern about how this data will be stored and used for civil immigration enforcement. The ACLU filed two requests under the Freedom of Information Act in March seeking records from ICE, including contracts, memos, associated communications, training materials and audit logs. Since then, ICE has not provided any records, the ACLU said in the complaint, which was filed Tuesday morning in the Northern District Court for the Northern District of California. "The excessive collection and storing of this data in databases -- which is then pooled and shared nationally -- results in a systemic monitoring that chills the exercise of constitutional rights to free speech and association, as well as essential tasks such as driving to work, picking children up from school, and grocery shopping," the complaint said. "We have essentially two concerns: one that is general to ALPR databases, and one that's specific to this situation with ICE," Talla said. "The ACLU has done a lot of work around surveillance technology and ALPR, and we're generally concerned about the aggregation of all this data about license plates paired with a time and location, stretching back for so many months and years."
Piracy

Singapore ISPs Block 53 Pirate Sites Following MPAA Legal Action (torrentfreak.com) 45

53 piracy websites, including The Pirate Bay and KickassTorrents, have been blocked in Singapore following the most sweeping action taken by copyright holders in the country in more than a decade. From a report: A new wave of blocks announced this week are the country's most significant so far, with dozens of 'pirate' sites targeted following a successful application by the MPAA earlier this year. [...] "In Singapore, these sites are responsible for a major portion of copyright infringement of films and television shows," an MPAA spokesman told The Straits Times. "This action by rights ïowners is necessary to protectï the creative industry, enabling creators to create and keep their jobs, protect their works, and ensure the continued provision of high-quality content to audienceïsï."
Social Networks

President Trump Can't Block People On Twitter, Court Rules (knightcolumbia.org) 381

Reader drunken_boxer777 writes: US District Judge Buchwald issued a 75-page ruling today clearly articulating why Donald Trump cannot block Twitter users, as it violates their First Amendment rights.

"Turning to the merits of plaintiffs' First Amendment claim, we hold that the speech in which they seek to engage is protected by the First Amendment and that the President and Scavino exert governmental control over certain aspects of the @realDonaldTrump account, including the interactive space of the tweets sent from the account. That interactive space is susceptible to analysis under the Supreme Court's forum doctrines, and is properly characterized as a designated public forum. The viewpoint-based exclusion of the individual plaintiffs from that designated public forum is proscribed by the First Amendment and cannot be justified by the President's personal First Amendment interests."
Further reading: Bloomberg.
Encryption

FBI Repeatedly Overstated Encryption Threat Figures To Congress, Public (techcrunch.com) 160

mi shares a report from The Washington Post (Warning: source may be paywalled; alternative source): The FBI has repeatedly provided grossly inflated statistics to Congress and the public about the extent of problems posed by encrypted cellphones, claiming investigators were locked out of nearly 7,800 devices connected to crimes last year when the correct number was much smaller, probably between 1,000 and 2,000.

Over a period of seven months, FBI Director Christopher A. Wray cited the inflated figure as the most compelling evidence for the need to address what the FBI calls "Going Dark" -- the spread of encrypted software that can block investigators' access to digital data even with a court order. "The FBI's initial assessment is that programming errors resulted in significant over-counting of mobile devices reported,'' the FBI said in a statement Tuesday. The bureau said the problem stemmed from the use of three distinct databases that led to repeated counting of phones. Tests of the methodology conducted in April 2016 failed to detect the flaw, according to people familiar with the work.

The Courts

Yelp Files New EU Complaint Against Google Over Search Dominance (ft.com) 71

Yelp has filed a complaint with the EU's antitrust watchdog against Google, arguing that the search company has abused its dominance in local search and pressuring Brussels to launch new charges against the tech giant, Financial Times reported Tuesday. From the report: European antitrust authorities fined Google $2.8B in June 2017 for favouring its own shopping service over rival offerings in its search results. Google denied wrongdoing and has appealed that decision. Now Yelp, which provides user ratings, reviews and other information about local businesses, wants Margrethe Vestager, the EU Competition Commissioner, to take action against Google for similar alleged abuse in the local search market, according to a copy of the complaint seen by the Financial Times. The move comes days after Yelp founder Jeremy Stopplelman appeared on 60 Minutes to talk about Google's search monopoly. Here's the exchange he had with reporter Steve Kroft: Jeremy Stoppelman: If I were starting out today, I would have no shot of building Yelp. That opportunity has been closed off by Google and their approach.
Steve Kroft: In what way?
Jeremy Stoppelman: Because if you provide great content in one of these categories that is lucrative to Google, and seen as potentially threatening, they will snuff you out.
Steve Kroft: What do you mean snuff you out?
Jeremy Stoppelman: They will make you disappear. They will bury you.

United States

Supreme Court Upholds Workplace Arbitration Contracts Barring Class Actions (nytimes.com) 341

The Supreme Court on Monday ruled that companies can use arbitration clauses in employment contracts to prohibit workers from banding together to take legal action over workplace issues. From a report: The vote was 5 to 4, with the court's more conservative justices in the majority. The court's decision could affect some 25 million employment contracts. Writing for the majority, Justice Neil M. Gorsuch said the court's conclusion was dictated by a federal law favoring arbitration and the court's precedents. If workers were allowed to band together to press their claims, he wrote, "the virtues Congress originally saw in arbitration, its speed and simplicity and inexpensiveness, would be shorn away and arbitration would wind up looking like the litigation it was meant to displace." Justice Ruth Bader Ginsburg read her dissent from the bench, a sign of profound disagreement. In her written dissent, she called the majority opinion "egregiously wrong." In her oral statement, she said the upshot of the decision "will be huge under-enforcement of federal and state statutes designed to advance the well being of vulnerable workers."
Google

Google Sued For 'Clandestine Tracking' of 4.4 Million UK iPhone Users' Browsing Data (theguardian.com) 32

Google is being sued in the high court for as much as $4.3 billion for the alleged "clandestine tracking and collation" of personal information from 4.4 million iPhone users in the UK. From a report: The collective action is being led by former Which? director Richard Lloyd over claims Google bypassed the privacy settings of Apple's Safari browser on iPhones between August 2011 and February 2012 in order to divide people into categories for advertisers. At the opening of an expected two-day hearing in London on Monday, lawyers for Lloyd's campaign group Google You Owe Us told the court information collected by Google included race, physical and mental heath, political leanings, sexuality, social class, financial, shopping habits and location data.

Hugh Tomlinson QC, representing Lloyd, said information was then "aggregated" and users were put into groups such as "football lovers" or "current affairs enthusiasts" for the targeting of advertising. Tomlinson said the data was gathered through "clandestine tracking and collation" of browsing on the iPhone, known as the "Safari Workaround" -- an activity he said was exposed by a PhD researcher in 2012. Tomlinson said Google has already paid $39.5m to settle claims in the US relating to the practice. Google was fined $22.5m for the practice by the US Federal Trade Commission in 2012 and forced to pay $17m to 37 US states.

Government

Congress Is Looking To Extend Copyright Protection Term To 144 Years (wired.com) 292

"Because it apparently isn't bad enough already, Congress is looking to extend the copyright term to 144 years," writes Slashdot reader llamalad. "Please write to your representatives and consider donating to the EFF." American attorney Lawrence Lessig writes via Wired: Almost exactly 20 years ago, Congress passed the Sonny Bono Copyright Term Extension Act, which extended the term of existing copyrights by 20 years. The Act was the 11th extension in the prior 40 years, timed perfectly to assure that certain famous works, including Mickey Mouse, would not pass into the public domain. Immediately after the law came into force, a digital publisher of public domain works, Eric Eldred, filed a lawsuit challenging the act [which the Supreme Court later rejected].

Twenty years later, the fight for term extension has begun anew. Buried in an otherwise harmless act, passed by the House and now being considered in the Senate, this new bill purports to create a new digital performance right -- basically the right to control copies of recordings on any digital platform (ever hear of the internet?) -- for musical recordings made before 1972. These recordings would now have a new right, protected until 2067, which, for some, means a total term of protection of 144 years. The beneficiaries of this monopoly need do nothing to get the benefit of this gift. They don't have to make the work available. Nor do they have to register their claims in advance.

Transportation

Utilities, Tesla Appeal Federal Rollback of Auto Emissions Standards (arstechnica.com) 118

A coalition of utilities and electric vehicle makers, including Tesla, are petitioning the EPA to reconsider its recent plan to roll back auto emissions standards. In April, the EPA said that it would relax greenhouse gas emissions standards that had been put in place for model year 2022-2025 vehicles. Ars Technica reports: The National Coalition for Advanced Transportation (NCAT) represents 12 utilities as well as Tesla, electric truck maker Workhorse, and EV charging network EVgo. NCAT earlier this month asked the Second Circuit Court of Appeals in Washington, DC to review the EPA's latest efforts to relax the Obama-era fuel economy standards.

The coalition challenge to the EPA follows a similar challenge made by 17 states, including California. The utilities' efforts show that they're interested in protecting one of the major projected avenues for growth in electricity demand. Electricity consumption has stagnated in the U.S. as efficiency measures take effect and, in some states, solar panels make it easier for residents to buy less electricity from the local utility.

Crime

Alleged Owners of Mugshots.com Have Been Arrested For Extortion (lawandcrime.com) 101

Reader schwit1 writes: The alleged owners of Mugshots.com have been charged and arrested. These four men Sahar Sarid, Kishore Vidya Bhavnanie, Thomas Keesee, and David Usdan only removed a person's mugshot from the site if this individual paid a "de-publishing" fee, according to the California Attorney General on Wednesday. That's apparently considered extortion. On top of that, they also face charges of money laundering, and identity theft.

If you read a lot of articles about crime, then you're probably already familiar with the site (which is still up as of Friday afternoon). They take mugshots, slap the url multiple times on the image, and post it on the site alongside an excerpt from a news outlet that covered the person's arrest. According to the AG's office, the owners would only remove the mugshots if the person paid a fee, even if the charges were dismissed. This happened even if the suspect was only arrested because of "mistaken identity or law enforcement error." You can read the affidavit here.

Java

California Bypasses Science To Label Coffee a Carcinogen (undark.org) 277

travers_r writes: Superior Court Judge Elihu Berle affirmed last week that all coffee sold in California must come with a warning label stating that chemicals in coffee (acrylamide, a substance created naturally during the brewing process) are known to cause cancer and birth defects or other reproductive harm. But judges, journalists, and environmental advocates fail to recognize the critical difference between probably and certainly, which fuels the inaccurate belief that cancer is mostly caused by things in the environment. From a report at Undark: "IARC is one of the leading scientific bodies in the world, and it is also one of several expert panels on which California relies for scientific opinions in such cases. The IARC has concluded that while there is sufficient evidence to consider acrylamide carcinogenic in experimental animals, there is insufficient evidence for carcinogenicity in humans. Therefore, its overall evaluation is that 'acrylamide is probably carcinogenic to humans.'
[...]
Leading experts, in fact, believe that roughly two-thirds of all cancers are the result of mutations to DNA that are caused by natural bodily processes, not exposure to environmental chemicals. This is quite the opposite of the prevailing belief among the public that most cancers are caused by exogenous substances imposed on us by the products and technologies of the modern world. It's this belief -- this fear -- that prompted voters to pass Proposition 65 in 1986. It was a time when fear of hazardous waste and industrial chemicals was high, when chemophobia -- a blanket fear of anything having to do with the word 'chemicals' -- was being seared into the public's mind."

The Courts

Uber Drops Arbitration Requirement For Sexual Assault Victims (npr.org) 90

Previously, Uber required complaints to be resolved in mandatory arbitration -- out of court and behind closed doors. Today, the company announced it is "changing its policies to allow customers, employees and drivers who are sexually harassed or assaulted to take their complaints to court and to speak publicly about their experiences," reports NPR. From the report: Last month, Katherine and Lauren were among 14 female victims who sent an open letter to Uber's board, pointing to the company's own sexual harassment problems and the #MeToo movement. "Silencing our stories deprives customers and potential investors from the knowledge that our horrific experiences are part of a widespread problem at Uber," they wrote. The women's demand -- and Uber's response -- highlight the significance of mandatory arbitration agreements, which are increasingly common. The provisions are usually in the fine print -- and most people who sign the agreements don't know they have signed away their right to sue.
Crime

Suspect Identified In CIA 'Vault 7' Leak (nytimes.com) 106

An anonymous reader quotes a report from The New York Times: In weekly online posts last year, WikiLeaks released a stolen archive of secret documents about the Central Intelligence Agency's hacking operations, including software exploits designed to take over iPhones and turn smart television sets into surveillance devices. It was the largest loss of classified documents in the agency's history and a huge embarrassment for C.I.A. officials. Now, The New York Times has learned the identity of the prime suspect in the breach (Warning: source may be paywalled; alternative source): a 29-year-old former C.I.A. software engineer who had designed malware used to break into the computers of terrorism suspects and other targets.

F.B.I. agents searched the Manhattan apartment of the suspect, Joshua A. Schulte, one week after WikiLeaks released the first of the C.I.A. documents in March last year, and then stopped him from flying to Mexico on vacation, taking his passport, according to court records and family members. The search warrant application said Mr. Schulte was suspected of "distribution of national defense information," and agents told the court they had retrieved "N.S.A. and C.I.A. paperwork" in addition to a computer, tablet, phone and other electronics. But instead of charging Mr. Schulte in the breach, referred to as the Vault 7 leak, prosecutors charged him last August with possessing child pornography, saying agents had found the material on a server he created as a business in 2009 while he was a student at the University of Texas.

Facebook

Facebook Faulted By Judge For 'Troubling Theme' In Privacy Case (bloomberg.com) 62

schwit1 quotes a report from Bloomberg: A judge scolded Facebook for misconstruing his own rulings as he ordered the company to face a high-stakes trial accusing it of violating user privacy. The social media giant has misinterpreted prior court orders by continuing to assert the "faulty proposition" that users can't win their lawsuit under an Illinois biometric privacy law without proving an "actual injury," U.S. District Judge James Donato said in a ruling Monday. Likewise, the company's argument that it's immune from having to pay a minimum of $1,000, and as much as $5,000, for each violation of the law is "not a sound proposition," he said. Under the Illinois Biometric Information Privacy Act, the damages in play at a jury trial set for July 9 in San Francisco could easily reach into the billions of dollars for the millions of users whose photos were allegedly scanned without consent. Apart from his concerns about the "troubling theme" in Facebook's legal arguments, Donato ruled a trial must go forward because there are multiple factual issues in dispute, including a sharp disagreement over how the company's photo-tagging software processes human faces.

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