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United States

Warrantless FBI Searches of American Communications Drop 50 Percent (theverge.com) 20

The FBI cut its warrantless searches of American data in half in 2023, according to a government report released on Tuesday. From a report: According to the Office of the Director of National Intelligence's annual transparency report, the FBI conducted 57,094 searches of "US person" data under Section 702 of the Foreign Intelligence Surveillance Act last year -- a 52 percent decrease from 2022.

In a press briefing, a senior FBI official said that the drop was due to reforms the agency implemented in 2021 and 2022, The Record reports. Despite the drop in overall searches of Americans' data, the report also notes that the number of foreign targets whose data could be searched in the Section 702 database rose to 268,590, a 9 percent increase from the previous year. The number of "probable cause" targets also increased significantly, from 417 in 2022 to 759 in 2023. Of those, 57 percent are estimated to be "US persons," which includes US citizens and permanent residents.

China

Huawei Secretly Backs US Research, Awarding Millions in Prizes (yahoo.com) 37

Huawei, the Chinese telecommunications giant blacklisted by the US, is secretly funding cutting-edge research at American universities including Harvard through an independent Washington-based foundation. From a report: Huawei is the sole funder of a research competition that has awarded millions of dollars since its inception in 2022 and attracted hundreds of proposals from scientists around the world, including those at top US universities that have banned their researchers from working with the company, according to documents and people familiar with the matter.

The competition is administered by the Optica Foundation, an arm of the nonprofit professional society Optica, whose members' research on light underpins technologies such as communications, biomedical diagnostics and lasers. The foundation "shall not be required to designate Huawei as the funding source or program sponsor" of the competition and "the existence and content of this Agreement and the relationship between the Parties shall also be considered Confidential Information," says a nonpublic document reviewed by Bloomberg. The findings reveal one strategy Shenzhen, China-based Huawei is using to remain at the forefront of funding international research despite a web of US restrictions imposed over the past several years in response to concerns that its technology could be used by Beijing as a spy tool.

Privacy

UnitedHealthCare CEO Says 'Maybe a Third' of US Citizens Were Affected By Recent Hack (techcrunch.com) 32

An anonymous reader shares a report: Two months after hackers broke into Change Healthcare systems stealing and then encrypting company data, it's still unclear how many Americans were impacted by the cyberattack. Last month, Andrew Witty, the CEO of Change Healthcare's parent company UnitedHealth Group, said that the stolen files include the personal health information of "a substantial proportion of people in America." On Wednesday, during a House hearing, when Witty was pushed to give a more definitive answer, testifying that the breach impacted "I think, maybe a third [of Americans] or somewhere of that level."
Power

America's Wind Power Production Drops For the First Time In 25 Years (yahoo.com) 86

An anonymous reader quotes a report from Bloomberg: U.S. wind power slipped last year for the first time in a quarter-century due to weaker-than-normal Midwest breezes, underscoring the challenge of integrating volatile renewable energy sources into the grid. Power produced by turbines slipped 2% in 2023, even after developers added 6.2 gigawatts of new capacity, according to a government report Tuesday. The capacity factor for the country's wind fleet -- how much energy it's actually generating versus its maximum possible output -- declined to an eight-year low of 33.5%. Most of that decline was driven by the central US, a region densely dotted with turbines.

Wind is a key component of the effort to cut carbon emissions, but the data highlights the downside of relying on intermittent energy sources tied to the effects of global weather. Last year's low wind speeds came during El Nino, a warming of the equatorial Pacific that tends to weaken trade winds. La Nina, the Pacific cooling pattern that dominated in 2022 and is poised to return later this year, usually has the opposite effect.
The U.S. Energy Information Administration shared the findings in a report published earlier today.
The Courts

Supreme Court Declines To Block Texas Porn Restriction (nbcnews.com) 140

The Supreme Court on Tuesday refused to block on free speech grounds a provision of Texas law aimed at preventing minors from accessing pornographic content online. From a report: The justices turned away a request made by the Free Speech Coalition, a pornography industry trade group, as well as several companies. The challengers said the 2023 law violates the Constitution's First Amendment by requiring anyone using the platforms in question, including adults, to submit personal information.

One provision of the law, known as H.B. 1181, mandates that platforms verify users' ages by requiring them to submit information about their identities. Although the law is aimed at limiting children's access to sexually explicit content, the lawsuit focuses on how those measures also affect adults. "Specifically, the act requires adults to comply with intrusive age verification measures that mandate the submission of personally identifying information over the internet in order to access websites containing sensitive and intimate content," the challengers wrote in court papers.

United States

Biden Administration Moves To Speed Up Permits for Clean Energy (nytimes.com) 18

The Biden administration on Tuesday released rules designed to speed up permits for clean energy while requiring federal agencies to more heavily weigh damaging effects on the climate and on low-income communities before approving projects like highways and oil wells. From a report: As part of a deal to raise the country's debt limit last year, Congress required changes to the National Environmental Policy Act, a 54-year-old bedrock law that requires the government to consider environmental effects and to seek public input before approving any project that necessitates federal permits. That bipartisan debt ceiling legislation included reforms to the environmental law designed to streamline the approval process for major construction projects, such as oil pipelines, highways and power lines for wind- and solar-generated electricity. The rules released Tuesday, by the White House Council on Environmental Quality, are intended to guide federal agencies in putting the reforms in place.

But they also lay out additional requirements created to prioritize projects with strong environmental benefits, while adding layers of review for projects that could harm the climate or their surrounding communities. "These reforms will deliver smarter decisions, quicker permitting, and projects that are built better and faster," said Brenda Mallory, chair of the council. "As we accelerate our clean energy future, we are also protecting communities from pollution and environmental harms that can result from poor planning and decision making while making sure we build projects in the right places."

Businesses

Canceling Your Credit Card May Not Stop Netflix's Recurring Charges (gizmodo.com) 88

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.

Communications

FCC Fines Wireless Carriers $200 Million For Sharing Customer Data (lightreading.com) 20

The Federal Communications Commission has fined the nation's largest wireless carriers for illegally sharing access to customers' location information without consent and without taking reasonable measures to protect that information against unauthorized disclosure. From a report: Sprint and T-Mobile -- which have merged since the investigation began -- face fines of more than $12 million and $80 million, respectively. AT&T is fined more than $57 million, and Verizon is fined almost $47 million. "Our communications providers have access to some of the most sensitive information about us. These carriers failed to protect the information entrusted to them. Here, we are talking about some of the most sensitive data in their possession: customers' real-time location information, revealing where they go and who they are," said FCC Chairwoman Jessica Rosenworcel. "As we resolve these cases" which were first proposed by the last Administration -- the Commission remains committed to holding all carriers accountable and making sure they fulfill their obligations to their customers as stewards of this most private data."
United States

Razer Made a Million Dollars Selling a Mask With RGB, And the FTC is Not Pleased (theverge.com) 74

Razer will have to fork over $1.1 million in refunds to customers who purchased its RGB-clad Zephyr face mask, according to a proposed settlement announced by the Federal Trade Commission on Monday. From a report: The company claimed the face mask used N95-grade filters, but the FTC alleges Razer never submitted them for testing and only "stopped the false advertising following negative press coverage and consumer outrage at the deceptive claims."

Razer first released its Zephyr face mask in 2021 as a nifty, cyberpunk-esque alternative to traditional face masks worn during the covid-19 pandemic. Although Razer initially marketed the $100 mask as having N95-grade filters, it scrubbed any mention of the grade after YouTuber Naomi Wu tore down the mask and found that it wasn't N95 certified after all. N95 masks are supposed to filter out at least 95 percent of airborne particles, according to the Centers for Disease Control and Prevention. Razer also planned on launching a $150 Zephyr Pro with a voice amplification feature, but that never panned out. At the time, Razer addressed claims about its Zephyr masks, saying in a post on X that "the Razer Zephyr and Zephyr Pro are not medical devices, respirators, surgical masks, or personal protective equipment (PPE) and are not meant to be used in medical or clinical settings."

China

America's Commerce Department is Reviewing China's Use of RISC-V Chips (reuters.com) 130

An anonymous reader shared a report this week from Reuters: The U.S. Department of Commerce is reviewing the national security implications of China's work in open-source RISC-V chip technology, according to a letter sent to U.S. lawmakers...

The technology is being used by major Chinese tech firms such as Alibaba Group Holding and has become a new front in the strategic competition over advanced chip technology between the U.S. and China. In November, 18 U.S. lawmakers from both houses of Congress pressed the Biden administration for its plans to prevent China "from achieving dominance in ... RISC-V technology and leveraging that dominance at the expense of U.S. national and economic security."

In a letter last week to the lawmakers that was seen by Reuters on Tuesday, the Commerce Department said it is "working to review potential risks and assess whether there are appropriate actions under Commerce authorities that could effectively address any potential concerns."

But the Commerce Department also noted that it would need to tread carefully to avoid harming U.S. companies that are part of international groups working on RISC-V technology.

United States

Chinese Drone Maker DJI Might Get Banned Next in the US (nytimes.com) 107

U.S. authorities consider DJI a security threat. Congress is weighing legislation to ban it [non-paywalled link], prompting a lobbying campaign from the company, which dominates the commercial and consumer drone markets. The New York Times: DJI is on a Defense Department list of Chinese military companies whose products the U.S. armed forces will be prohibited from purchasing in the future. As part of the defense budget that Congress passed for this year, other federal agencies and programs are likely to be prohibited from purchasing DJI drones as well. The drones -- though not designed or authorized for combat use -- have also become ubiquitous in Russia's war against Ukraine.

The Treasury and Commerce Departments have penalized DJI over the use of its drones for spying on Uyghur Muslims who are held in camps by Chinese officials in the Xinjiang region. Researchers have found that Beijing could potentially exploit vulnerabilities in an app that controls the drone to gain access to large amounts of personal information, although a U.S. official said there are currently no known vulnerabilities that have not been patched. Now Congress is weighing legislation that could kill much of DJI's commercial business in the United States by putting it on a Federal Communications Commission roster blocking it from running on the country's communications infrastructure.

The bill, which has bipartisan support, has been met with a muscular lobbying campaign by DJI. The company is hoping that Americans like Mr. Nordfors who use its products will help persuade lawmakers that the United States has nothing to fear -- and much to gain -- by keeping DJI drones flying. "DJI presents an unacceptable national security risk, and it is past time that drones made by Communist China are removed from America," Representative Elise Stefanik, Republican of New York and one of the bill's primary sponsors, said in an emailed statement this month.

United States

Europeans 'Less Hard-Working' Than Americans, Says Norway Oil Fund Boss (ft.com) 221

Europe is less hard-working, less ambitious, more regulated and more risk-averse than the US, according to the boss of Norway's giant oil fund, with the gap between the two continents only getting wider. FT: Nicolai Tangen, chief executive of the $1.6tn fund, told the Financial Times it was "worrisome" that American companies were outpacing their European rivals [non paywalled link] on innovation and technology, leading to vast outperformance of US shares in the past decade. "There's a mindset issue in terms of acceptance of mistakes and risks. You go bust in America, you get another chance. In Europe, you're dead," he said, adding that there was also a difference in "the general level of ambition. We are not very ambitious. I should be careful about talking about work-life balance, but the Americans just work harder."

His views are significant as the oil fund is one of the largest single investors in the world, owning on average 1.5 per cent of every listed company globally and 2.5 per cent of every European equity. Its US holdings have increased in the past decade while its European ones have declined. US shares account for almost half of all its equities compared with 32 per cent in 2013. The leading European country -- the UK -- represented 15 per cent of its equity portfolio a decade ago but just 6 per cent last year.

Cloud

US 'Know Your Customer' Proposal Will Put an End To Anonymous Cloud Users (torrentfreak.com) 44

An anonymous reader quotes a report from TorrentFreak: Late January, the U.S. Department of Commerce published a notice of proposed rulemaking for establishing new requirements for Infrastructure as a Service providers (IaaS) . The proposal boils down to a 'Know Your Customer' regime for companies operating cloud services, with the goal of countering the activities of "foreign malicious actors." Yet, despite an overseas focus, Americans won't be able to avoid the proposal's requirements, which covers CDNs, virtual private servers, proxies, and domain name resolution services, among others. [...] Under the proposed rule, Customer Identification Programs (CIPs) operated by IaaS providers must collect information from both existing and prospective customers, i.e. those at the application stage of opening an account. The bare minimum includes the following data: a customer's name, address, the means and source of payment for each customer's account, email addresses and telephone numbers, and IP addresses used for access or administration of the account.

What qualifies as an IaaS is surprisingly broad: "Any product or service offered to a consumer, including complimentary or "trial" offerings, that provides processing, storage, networks, or other fundamental computing resources, and with which the consumer is able to deploy and run software that is not predefined, including operating systems and applications. The consumer typically does not manage or control most of the underlying hardware but has control over the operating systems, storage, and any deployed applications. The term is inclusive of "managed" products or services, in which the provider is responsible for some aspects of system configuration or maintenance, and "unmanaged" products or services, in which the provider is only responsible for ensuring that the product is available to the consumer."

And it doesn't stop there. The term IaaS includes all 'virtualized' products and services where the computing resources of a physical machine are shared, such as Virtual Private Servers (VPS). It even covers 'baremetal' servers allocated to a single person. The definition also extends to any service where the consumer does not manage or control the underlying hardware but contracts with a third party for access. "This definition would capture services such as content delivery networks, proxy services, and domain name resolution services," the proposal reads. The proposed rule, National Emergency with Respect to Significant Malicious Cyber-Enabled Activities, will stop accepting comments from interested parties on April 30, 2024.

United States

New Rule Compels US Coal-Fired Power Plants To Capture Emissions - or Shut Down (theguardian.com) 91

Coal-fired power plants would be forced to capture smokestack emissions or shut down under a rule issued on Thursday by the Environmental Protection Agency (EPA). From a report: New limits on greenhouse gas emissions from fossil fuel-fired electric plants are the Biden administration's most ambitious effort yet to roll back planet-warming pollution from the power sector, the nation's second-largest contributor to the climate crisis. The rules are a key part of Joe Biden's pledge to eliminate carbon pollution from the electricity sector by 2035 and economy-wide by 2050.

The rule was among four separate measures targeting coal and natural gas plants that the EPA said would provide "regular certainty" to the power industry and encourage them to make investments to transition "to a clean energy economy." They also include requirements to reduce toxic wastewater pollutants from coal-fired plants and to safely manage so-called coal ash in unlined storage ponds. The new rules "reduce pollution from fossil fuel-fired power plants, protect communities from pollution and improve public health -- all while supporting the long-term, reliable supply of the electricity needed to power America forward," the EPA administrator, Michael Regan, told reporters at a White House briefing.

United States

US Fertility Rate Falls To Lowest In a Century (cnn.com) 281

An anonymous reader quotes a report from CNN: The fertility rate in the United States has been trending down for decades, and a new report shows that another drop in births in 2023 brought the rate down to the lowest it's been in more than century. There were about 3.6 million babies born in 2023, or 54.4 live births for every 1,000 females ages 15 to 44, according to provisional data from the US Centers for Disease Control and Prevention's National Center for Health Statistics. After a steep plunge in the first year of the Covid-19 pandemic, the fertility rate has fluctuated. But the 3% drop between 2022 and 2023 brought the rate just below the previous low from 2020, which was 56 births for every 1,000 women of reproductive age.

The birth rate fell among most age groups between 2022 and 2023, the new report shows. The teen birth rate reached another record low of 13.2 births per 1,000 females ages 15 to 19, which is 79% lower than it was at the most recent peak from 1991. However, the rate of decline was slower than it's been for the past decade and a half. Meanwhile, births continued to shift to older mothers. Older age groups saw smaller decreases in birth rates, and the birth rate was highest among women ages 30 to 34 -- with about 95 births for every 1,000 women in this group in 2023. Women 40 and older were the only group to see an increase in birth rate, although -- at less than 13 births for every 1,000 women -- it remained lower than any other age group.

The Almighty Buck

Airlines Required To Refund Passengers For Canceled, Delayed Flights (go.com) 76

Department of Transportation Secretary Pete Buttigieg announced new rules for the airline industry that will require airlines to automatically give cash refunds to passengers for canceled and significantly delayed flights. They will also require airlines to give cash refunds if your bags are lost and not delivered within 12 hours.

"This is a big day for America's flying public," said Buttigieg at a Wednesday morning news conference. According to Buttigieg, the new rules are the biggest expansion of passenger rights in the department's history. ABC News reports: Airlines can no longer decide how long a delay must be before a refund is issued. Under the new DOT rules, the delays covered would be more than three hours for domestic flights and more than six hours for international flights, the agency said. This includes tickets purchased directly from airlines, travel agents and third-party sites such as Expedia and Travelocity.

The refunds must be issued within seven days, according to the new DOT rules, and must be in cash unless the passenger chooses another form of compensation. Airlines can no longer issue refunds in forms of vouchers or credits when consumers are entitled to receive cash. Airlines will have six months to comply with the new rules.

The DOT said it is also working on rules related to family seating fees, enhancing rights for wheelchair-traveling passengers for safe and dignified travel and mandating compensation and amenities if flights are delayed or canceled by airlines. Buttigieg said the DOT is also protecting airline passengers from being surprised by hidden fees -- a move he estimates will have Americans billions of dollars every year. The DOT rules include that passengers will receive refunds for extra services paid for and not provided, such as Wi-Fi, seat selection or inflight entertainment.

Anime

Manga Site Blocks Adult Content, But Only For US and UK Users (404media.co) 123

Samantha Cole reports via 404 Media: A Japan-based online art platform is banning kink content for users based in the US and UK, as laws in these countries continue to tighten around sites that allow erotic content. Pixiv is an image gallery site where artists primarily share illustrations, manga, and novels. The site announced on April 22 that starting April 25, users whose account region is set to the US or UK will be subject to Pixiv's new terms of use, "Restrictions for Healthy Expression in Specific Countries and Regions."

The restrictions include several kinds of content that are illegal in the US, including sexualized depictions of minors and bestiality, as well as non-consensual depictions and deepfakes. But it also includes "content that appeals to the prurient interest, is patently offensive in light of community standards where you are located or where such content may be accessed or distributed, lacks serious literary, artistic, political, or scientific value, or otherwise violates any applicable obscenity laws, rules or regulations." This is an invocation of the Miller test, which determines non-constitutionally protected obscenity.
"I'd never say this a few years ago, but it's my personal fear that the next step is most major internet hosting services implementing these policies on an infrastructure level," said an artist who goes by kradeelav. "My colleagues are certainly planning for it by specifically looking for kink-friendly hosts, to actually making homebrew servers themselves in worst-case scenarios."
United States

Biden Signs TikTok 'Divest or Ban' Bill Into Law (theverge.com) 120

President Joe Biden signed a foreign aid package that includes a bill that would ban TikTok if China-based parent company ByteDance fails to divest the app within a year. The Verge: The divest-or-ban bill is now law, starting the clock for ByteDance to make its move. The company has an initial nine months to sort out a deal, though the president could extend that another three months if he sees progress. While just recently the legislation seemed like it would stall out in the Senate after being passed as a standalone bill in the House, political maneuvering helped usher it through to Biden's desk. The House packaged the TikTok bill -- which upped the timeline for divestment from the six months allowed in the earlier version -- with foreign aid to US allies, which effectively forced the Senate to consider the measures together. The longer divestment period also seemed to get some lawmakers who were on the fence on board.
United States

US Bans Noncompete Agreements For Nearly All Jobs 113

The Federal Trade Commission narrowly voted Tuesday to ban nearly all noncompetes, employment agreements that typically prevent workers from joining competing businesses or launching ones of their own. From a report: The FTC received more than 26,000 public comments in the months leading up to the vote. Chair Lina Khan referenced on Tuesday some of the stories she had heard from workers. "We heard from employees who, because of noncompetes, were stuck in abusive workplaces," she said. "One person noted when an employer merged with an organization whose religious principles conflicted with their own, a noncompete kept the worker locked in place and unable to freely switch to a job that didn't conflict with their religious practices." These accounts, she said, "pointed to the basic reality of how robbing people of their economic liberty also robs them of all sorts of other freedoms."

The FTC estimates about 30 million people, or one in five American workers, from minimum wage earners to CEOs, are bound by noncompetes. It says the policy change could lead to increased wages totaling nearly $300 billion per year by encouraging people to swap jobs freely. The ban, which will take effect later this year, carves out an exception for existing noncompetes that companies have given their senior executives, on the grounds that these agreements are more likely to have been negotiated. The FTC says employers should not enforce other existing noncompete agreements.
Oracle

Oracle Is Moving Its World Headquarters To Nashville (cnbc.com) 67

Oracle Chairman Larry Ellison said Tuesday that the company is moving its world headquarters to Nashville, Tennessee, to be closer to a major health-care epicenter. CNBC reports: In a wide-ranging conversation with Bill Frist, a former U.S. Senate Majority Leader, Ellison said Oracle is moving a "huge campus" to Nashville, "which will ultimately be our world headquarters." He said Nashville is an established health center and a "fabulous place to live," one that Oracle employees are excited about. "It's the center of the industry we're most concerned about, which is the health-care industry," Ellison said. The announcement was seemingly spur-of-the-moment. "I shouldn't have said that," Ellison told Frist, a longtime health-care industry veteran who represented Tennessee in the Senate. The pair spoke during a fireside chat at the Oracle Health Summit in Nashville.

Nashville has been a major player in the health-care scene for decades, and the city is now home to a vibrant network of health systems, startups and investment firms. The city's reputation as a health-care hub was catalyzed when HCA Healthcare, one of the first for-profit hospital companies in the U.S., was founded there in 1968. HCA helped attract troves of health-care professionals to Nashville, and other organizations quickly followed suit. Oracle has been developing its new $1.2 billion campus in the city for about three years, according to The Tennessean. "Our people love it here, and we think it's the center of our future," Ellison said.

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