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Facebook

Meta Is on the Prowl for 'Suspicious Adults' Messaging Teenagers (gizmodo.com) 31

Meta says it is taking additional steps to help protect the youth on its platforms. Now, anyone under the age of 16 years old can enroll in new privacy settings that are meant to limit who can see their Facebook profile. Likewise, Meta says it's also testing the removal of the messaging button on teen's Instagram profiles when viewed by an adult. From a report: In a company press release, Meta further detailed its initiative to add safeguards to its Facebook and Instagram products that will hopefully protect teenage users from "potentially suspicious adults." The major overhaul in this initiative was Meta setting new privacy defaults for teen Facebook profiles.

Any new users under 16 (or under 18 in certain countries) will automatically be enrolled in the new settings, which includes restricting who is able to view your friends list, tagged posts, pages and people you follow, as well as who is allowed to comment on your posts. Pre-existing teenage users will not be automatically enrolled in the new settings, but can opt in whenever they want. On both Instagram and Facebook, teen users will also now be able to report a user immediately after they have blocked them in both app's messaging interface. Users will first be greeted with a prompt that asks if they know the person they are messaging, and will then be able to block, restrict, or report the user depending on the platform. The dialogue box also explains what blocking and reporting will do, and guides the user to more detailed information pages.
Further reading: Meta Sued in UK To Stop Personal Data Collection for Ads.
Encryption

Amazon Plans To Close Up Shop on Wickr's User-Centric Encrypted Messaging App (gizmodo.com) 8

An anonymous reader shares a report: A little more than a year ago, Amazon, specifically Amazon Web Services, flashed its stacks of cash as it announced it was buying up the end-to-end encrypted messaging app Wickr. AWS users could suddenly use Wickr's services, and some reporters speculated Amazon could have been trying to make a move in the increasingly crowded encrypted messaging space. That's much more unlikely now as Amazon announced Monday it was nixing its secure messaging app Wickr Me.

The tech giant said that Wickr would instead be focused on business and public sector communications, specifically through AWS Wickr and Wickr Enterprise. The company will no longer allow registrations for Wickr Me after Dec. 31, and a year later, at the tail end of 2023, the app will be but a puff of smoke and a memory. Wickr was worth in the ballpark of $60 million when it was purchased, but just a few years ago Wickr was spouting off about its features that encrypted conference calls, which was a major evolution in the encrypted messaging space. Amazon's other messaging app, Chime, does videoconferencing without encryption. In September, Amazon finally added end-to-end encryption for the data sent to users through its Ring doorbells.

China

Chinese Takeover of UK's Largest Chip Plant Blocked on National Security Grounds (cnbc.com) 45

Slashdot has been covering plans for the UK's largest chip plant to be acquired by Chinese-owned firm Nexperia.

But this week the U.K. government "has blocked the takeover of the country's largest microchip factory by a Chinese-owned firm," CNBC reported this week, "over concerns it may undermine national security." Grant Shapps, minister for business, energy and industrial strategy, on Wednesday ordered Dutch chipmaker Nexperia to sell its majority stake in Newport Wafer Fab, the Welsh semiconductor firm it acquired for £63 million ($75 million).

Nexperia is based in the Netherlands but owned by Wingtech, a partially Chinese state-backed company listed in Shanghai. Nexperia completed its acquisition of Newport Wafer Fab in 2021, and the firm subsequently changed its name to Nexperia Newport Limited, or NN.

"The order has the effect of requiring Nexperia BV to sell at least 86% of NNL within a specified period and by following a specified process," the United Kingdom's Department for Business, Energy and Industrial Strategy said in a statement. Nexperia had initially owned 14% of Newport Wafer Fab, but in July 2021 it upped its stake to 100%.

"We welcome foreign trade & investment that supports growth and jobs," Shapps tweeted Wednesday. "But where we identify a risk to national security we will act decisively."

Nexperia plans to appeal the decision.
Music

As US Investigates Ticketmaster, Botched Sale of Taylor Swift Tickets Fuels Monopoly Criticisms (npr.org) 94

Ticketmaster provoked ire with a botched sale of tickets to Taylor Swift's first concert in five years. NPR reports: On Thursday afternoon, the day before tickets were due to open to the general public, Ticketmaster announced that the sale had been cancelled altogether due to "extraordinarily high demands on ticketing systems and insufficient remaining ticket inventory to meet that demand." Taylor Swift broke her silence on Friday in statement on Instagram in which she said it is "excruciating for me to watch mistakes happen with no recourse." She said there are many reasons people had a hard time getting tickets, and she's trying to figure out how to improve the situation moving forward. "I'm not going to make excuses for anyone because we asked them, multiple times, if they could handle this kind of demand and we were assured they could," she wrote, without naming Ticketmaster.
America's Justice Department "has opened an antitrust investigation into the owner of Ticketmaster," reports the New York Times. But the investigation "predates the botched sale" and "is focused on whether Live Nation Entertainment has abused its power over the multibillion-dollar live music industry." The new investigation is the latest scrutiny of Live Nation Entertainment, which is the product of a merger between Live Nation and Ticketmaster that the Justice Department approved in 2010. That created a giant in the live entertainment business that still has no equals in its reach or power.... The debacle involving Ms. Swift's concert tickets this week has exacerbated complaints in the music business and in Washington that Live Nation's power has constrained competition and harmed consumers.
Or, as NPR puts it, "The frenzy has brought renewed scrutiny to the giant Ticketmaster, which critics have long accused of abusing its market power at the expense of consumers." Would-be concertgoers have complained vocally about recent incidents with near-instant sellouts and skyrocketing prices, and artists like Pearl Jam and Bruce Springsteen have feuded with it over the decades. One common complaint is that there doesn't seem to be a clear alternative or competitor to Ticketmaster, especially after it merged with concert provider Live Nation in 2010 (a controversial move that required conditional approval from the U.S. Department of Justice).

Now Tennessee's attorney general, a Republican, is opening a consumer protection investigation into the incident. North Carolina's attorney general announced on Thursday that his office is investigating Ticketmaster for allegedly violating consumers' rights and antitrust laws. And multiple Democratic lawmakers are asking questions about the company's dominance â" not for the first time.... "Taylor Swift's tour sale is a perfect example of how the Live Nation/Ticketmaster merger harms consumers by creating a near-monopoly," tweeted Sen. Richard Blumenthal (D-Conn.), one of several lawmakers who has long called for investigation and accountability into the company, especially after becoming a subsidiary of concert behemoth Live Nation.

The article also cites a Thursday statement from Ticketmaster: The company says that using Verified Fan invite codes has historically helped manage the volume of users visiting the website to buy tickets, though that wasn't the case on Tuesday. "The staggering number of bot attacks as well as fans who didn't have invite codes drove unprecedented traffic on our site, resulting in 3.5 billion total system requests â" 4x our previous peak," it said, adding that it slowed down some sales and pushed back others to stabilize its systems, resulting in longer wait times for some users.

It estimates that about 15% of interactions across the website experienced issues, which it said is "15% too many."

The Tuesday sale also broke Ticketmaster's record for most tickets sold for an artist in a single day," reports People, "selling two million tickets."

Thanks to long-time Slashdot reader SpzToid for submitting the story.
Sci-Fi

FBI, Air Force Agents Mysteriously Raid House of Guy Who Runs Area 51 Blog (gizmodo.com) 107

Earlier this month, agents from both the FBI and the U.S. Air Force raided multiple homes belonging to a man who runs a little-known blog about Area 51. Gizmodo reports: That man, Joerg Arnu, said the swarm of federal agents in riot gear busted into his primary residence, handcuffed him, then marched him outside to wait in the freezing cold while they rifled through his apartment and took pretty much every piece of electronic equipment that he owned. So far, the government has been pretty tight-lipped about the whole thing, but officials did verify that it happened. In a statement provided to the Las Vegas Review-Journal, Lt. Col. Bryon McGarry confirmed the raid. He did not elaborate on its purpose, saying only: "This is an open and ongoing law enforcement investigation between the Las Vegas FBI and Air Force OSI."

What did cops want? It's not exactly clear. Since 1999, Arnu has run Dreamland Resort, a website that covers activities in and around Area 51, the notoriously secretive government facility located in Groom Lake, Nevada. Long the subject of speculation and curiosity, the highly classified facility is the site of myriad UFO sightings. Coincidentally (or not), it is also the location where the Air Force reportedly tests and develops some of its most sensitive and experimental new projects and aircraft (see: the U-2 spy plane in the 1950s, for instance). Among other things, Arnu's site features pictures and writing about the Air Force's so-called "black projects" -- opaque, classified operations carried out behind a veil of government secrecy.
Arnu claims that the agents confiscated his "laptops, phones, backup drives, camera gear, and my drone were seized." He describes the situation in detail in a blog post on his website.
The Courts

Epic Says Google Paid Activision Millions Not To Launch Rival App Store (cnet.com) 16

An anonymous reader quotes a report from CNET: Fortnite developer Epic Games said Google paid the equivalent of $360 million to Call of Duty developer Activision Blizzard as part of a broad agreement that included a promise the gaming giant would not create a rival app store. The move, Epic said, helped solidify Google's hold on phones and tablets powered by its Android software. In the filing, newly unredacted Thursday, Epic said Google paid other developers in a similar way to Activision. Epic cited an agreement Google struck with Tencent, the Chinese company that owns League of Legends developer Riot Games, giving it about $30 million over one year. Like Activision, that money too was part of a larger agreement for Riot to maintain its Google-powered games and spend money promoting them as part of Android.

Google and Activision Blizzard both denied Epic's allegations about competing app stores. Google said the agreements are designed to provide incentives for developers to create apps for Google Play. "Epic is mischaracterizing business conversations," a Google spokesperson said in a statement. "It does not prevent developers from creating competing app stores, as Epic falsely alleges." Activision, for its part, said Google never "asked us, pressured us, or made us agree not to compete with Google Play." Activision is in the midst of being acquired by software giant Microsoft for $68.7 billion. [...] The filing is the latest allegation in Epic's ongoing lawsuit against Google, which it accuses of operating a monopoly with Google Play, which sells apps for Android. Epic's ongoing lawsuit is similar to another battle it's waging against Apple and its App Store over similar concerns of monopolistic practices. In both cases, Epic is pushing the companies to reduce the control they exert over their respective platforms, both in terms of how phone and tablet owners pay for apps and where to download them from.

It's unclear whether Epic's argument that Google paid developers to not compete will win in an eventual court case. Epic said in its complaint that "Google understood" the agreement would mean that Activision would "abandon its plans to launch a competing app store, and Google intended this result." But Armin Zerza, now Activision Blizzard's finance chief, said in one of the court filings that the company chose not to launch a rival app store because of the risk of failure, in addition to costs for development and marketing. When asked about entering a deal with Google that "accomplished your objectives," Zerza said that the Activision Blizzard board approved a deal with the Android maker because it "created multi-hundred-million dollars of value for us across multiple ecosystems." If Activision is ultimately purchased by Microsoft though, it may end up helping create an app store after all. Microsoft told regulators in October that it intends to build its own mobile app store to rival Google and Apple. Activision's deep library of popular games, including Candy Crush Saga and World of Warcraft, will be a key part of that effort.
"Epic's allegations are nonsense," an Activision representative said in a statement sent to PC Gamer. "We can confirm that Google never asked us, pressured us, or made us agree not to compete with Google Play -- and we've already submitted documents and testimony that prove this."
Biotech

Former Theranos CEO Elizabeth Holmes Sentenced To More Than 11 Years In Prison (cnbc.com) 158

Theranos founder Elizabeth Holmes was sentenced Friday in a federal court to 135 months, more than 11 years in prison following her conviction on four counts of criminal fraud. The court found she deceived investors, including News Corp.'s Rupert Murdoch and a host of other luminaries, about the efficacy of Theranos' blood-testing technology. CNBC reports: Holmes cried while speaking to the court ahead of her sentencing. "I loved Theranos. It was my life's work," Holmes said. "My team meant the world to me. I am devastated by my failings. I'm so so sorry. I gave everything I had to build my company." Her defense team argued she should face a maximum sentence of 18 months, according to court filings.

The Wall Street Journal first broke the story of how Theranos' blood-testing technology was struggling to meet expectations in 2015. Whistleblowers and other witnesses came forth to provide detailed accounts of how Holmes and former operating chief Ramesh "Sunny" Balwani deceived patients, partners, investors and employees about the company's progress and the capabilities of its technology. "Thank you for having me. Thank you for the courtesy and respect you have shown me," she said Friday. "I have felt deep pain for what people went through because I failed them. To investors, patients, I am sorry." Prosecutors sought a 15 year sentence for the pregnant 38-year-old former billionaire and Silicon Valley celebrity.
Developing...
Piracy

Police Dismantle Pirated TV Streaming Network With 500,000 Users (bleepingcomputer.com) 19

The Spanish police have dismantled a network of pirated streaming sites that illegally distributed content from 2,600 TV channels and 23,000 movies and series to roughly 500,000 users. From a report: The law enforcement action took place in a joint operation involving the Spanish police and EUROPOL, resulting in the arrest of four operators in Malaga. Additionally, 95 resellers in Spain, Malta, Portugal, Cyprus, Greece, and the United Kingdom have been identified. The pirated TV network used numerous websites to advertise and promote subscription-based streaming services, listing unlimited access to channels from different platforms. The live streams from these platforms were decoded with stolen or abused accounts and passwords and then re-broadcasted to the subscribers' video player clients. The resellers bought the subscription packages from the organization operators and resold them to thousands of people in their local countries to profit from the price difference.
Privacy

1Password Embraces a Passwordless Future (theverge.com) 40

1Password has announced that passkey support will be available to its customers in "early 2023," allowing users to securely log in to apps and websites without a password. The Verge reports: Passkeys are a passwordless login technology developed by the FIDO Alliance, whose members include most of the Big Tech companies. The tech allows users to replace traditional passwords with their device's own authentication -- such as an iPhone with Face ID -- offering greater security and protection since there's no password to steal or accidentally hand over via a phishing attack.

1Password claims its own variation, called Universal Sign On, will be superior to others by supporting multiple platforms and cross-platform syncing when it launches next year. By contrast, passkey support through companies like Apple is only built to seamlessly synchronize access on devices within the same ecosystem. A live demonstration of how passkeys will work is available for 1Password users using the latest version of its Chrome browser extension, alongside a video demo for those not using the service and a directory listing which websites, apps, and services are using passkeys for authentication. 1Password will bring full support for passkeys to its browser extension and desktop apps in early 2023, with mobile support to follow.

Books

Feds Arrest Russians Accused of Running the Largest Pirated E-Book Library 73

An anonymous reader quotes a report from Ars Technica: Last month, the alleged masterminds behind Z-Library -- an e-book pirate site that claims to be "the world's largest library" -- were arrested. According to a press release yesterday from the US Department of Justice, Russian nationals Anton Napolsky and Valeriia Ermakova have been charged with "criminal copyright infringement, wire fraud and money laundering for operating Z-Library." "As alleged, the defendants profited illegally off work they stole, often uploading works within mere hours of publication, and in the process victimized authors, publishers, and booksellers," Breon Peace, the United States attorney for the Eastern District of New York, said in a statement.

At the request of the US government, Napolsky and Ermakova were arrested in Argentina on November 3. On the same day, the US government seized "a complex network of approximately 249 interrelated web domains," the press release said. For many less web-savvy users, the domain seizure essentially shut down access to Z-Library's 11 million e-books, but anyone on the dark web knows it's still up and running -- suggesting that while arresting Napolsky and Ermakova has stifled Z-Library, it has not shuttered it, and it could come back. TorrentFreak reported that it's still unknown if the pair has been involved with Z-Library since the start. Michael J. Driscoll, the assistant director in charge at the New York Federal Bureau of Investigation field office, seems to suspect they have. Although the indictment is only focused on the duo's alleged criminal activity between 2018 and 2022, Driscoll said that they are believed to have "operated a website for over a decade whose central purpose was providing stolen intellectual property, in violation of copyright laws."

"Intellectual property theft crimes deprive their victims of both ingenuity and hard-earned revenue," Driscoll said. "The FBI is determined to ensure those willing to steal and profit from the creativity of others are stopped and made to face the consequences in the criminal justice system." If Napolsky and Ermakova are charged, the indictment said that they will be required to "forfeit any property, real or personal, constituting, or derived from, proceeds obtained directly or indirectly as a result of such offenses." TorrentFreak reported that Argentina has not yet received a request from the US to extradite the accused Z-Library operators, but that will be the next step toward shutting down Z-Library.
"Z-Library has linked eager readers to millions of free e-books since 2009, but it wasn't until Z-Library began recently trending on TikTok that authors protesting the piracy decided enough was enough," adds Ars. The TikTok hashtag #zlibrary was viewed 19 million times, which spurred The Authors Guild to complain to the Office of the United States Trade Representative.

"Z-Library is killing us," romance writer Sarina Bowen told officials. "A book we release in the morning is up on Z-Library by lunchtime. This isn't the only site that hurts us, but it's the site that keeps showing up in TikTok videos."
The Courts

Nvidia Hit With Class Action Suit Over Melting RTX 4090 GPU Adapters 45

A frustrated owner of an RTX 4090 graphics card, suffering from the infamous melty power connector problem, has filed a class action suit against Nvidia. From a report: Filed in a California court on November 11th, the suit may make for painful reading for Nvidia and includes numerous allegations from fraud to unjust enrichment. The case refers to widely reported instances of the new-style 16-pin power connector used by Nvidia's GeForce RTX 4090 boards overheating and melting under heavy load. Reportedly, the lawsuit claims that Nvidia sold RTX 4090s with, "defective and dangerous power cable plug and socket(s), which has rendered consumers' cards inoperable and poses a serious electrical and fire hazard for each and every purchaser." It's notable that the claimant, one Lucas Genova, describes himself as "experienced in the installation of computer componentry like graphics cards," thereby aiming to head off any implication of user error at the pass.
Facebook

Meta Employees, Security Guards Fired for Hijacking User Accounts (wsj.com) 31

Meta has fired or disciplined more than two dozen employees and contractors over the last year whom it accused of improperly taking over user accounts, in some cases allegedly for bribes, The Wall Street Journal reported Thursday, citing people familiar with the matter and documents. From the report: Some of those fired were contractors who worked as security guards stationed at Meta facilities and were given access to the Facebook parent's internal mechanism for employees to help users having trouble with their accounts, according to the documents and people familiar with the matter. The mechanism, known internally as "Oops," has existed since Facebook's early years as a means for employees to help users they know who have forgotten their passwords or emails, or had their accounts taken over by hackers.

As part of the alleged abuse of the system, Meta says that in some cases workers accepted thousands of dollars in bribes from outside hackers to access user accounts, the people and documents say. The disciplinary actions are part of a lengthy internal probe led by Meta executives, according to the documents and one of the people. "Individuals selling fraudulent services are always targeting online platforms, including ours, and adapting their tactics in response to the detection methods that are commonly used across the industry," said Meta spokesman Andy Stone. He added that the company "will keep taking appropriate action against those involved in these kinds of schemes."

Android

DuckDuckGo's Anti-Tracking Android Tool Could Be 'Even More Powerful' Than iOS (arstechnica.com) 31

An anonymous reader quotes a report from Ars Technica: Privacy-focused search site DuckDuckGo has added yet another way to prevent more of your data from going to advertisers, opening its App Tracking Protection for Android to beta testers. DuckDuckGo is positioning App Tracking Protection as something like Apple's App Tracking Transparency for iOS devices, but "even more powerful." Enabling the service in the DuckDuckGo app for Android (under the "More from DuckDuckGo" section) installs a local VPN service on your phone, which can then start automatically blocking trackers on DDG's public blocklist. DuckDuckGo says this happens "without sending app data to DuckDuckGo or other remote servers."

Google recently gave Android users some native tools to prevent wanton tracking, including app-by-app location-tracking approval and a limited native ad-tracking opt-out. Apple's App Tracking Transparency asks if users want to block apps from accessing the Identifier for Advertisers (IDFA), but apps can still use the largest tracking networks across many apps to better profile app users. Allison Goodman, senior communications manager for DuckDuckGo, told Ars Technica that App Tracking Protection needs Android's VPN permission so it can monitor network traffic. When it recognizes a tracker from its blocklist, it "looks at the destination domain for any outbound request and blocks them if they are in our blocklist and the requesting app is not owned by the same company that owns the domain." Goodman added that "much of the data collected by trackers is not controlled by [Android] permissions," making App Tracking Protection a complementary offering.

Security

Iranian Hackers Breached Federal Agency Using Log4Shell Exploit (bleepingcomputer.com) 27

An anonymous reader quotes a report from BleepingComputer: The FBI and CISA revealed in a joint advisory published today that an unnamed Iranian-backed threat group hacked a Federal Civilian Executive Branch (FCEB) organization to deploy XMRig cryptomining malware. The attackers compromised the federal network after hacking into an unpatched VMware Horizon server using an exploit targeting the Log4Shell (CVE-2021-44228) remote code execution vulnerability. After deploying the cryptocurrency miner, the Iranian threat actors also set up reverse proxies on compromised servers to maintain persistence within the FCEB agency's network.

"In the course of incident response activities, CISA determined that cyber threat actors exploited the Log4Shell vulnerability in an unpatched VMware Horizon server, installed XMRig crypto mining software, moved laterally to the domain controller (DC), compromised credentials, and then implanted Ngrok reverse proxies on several hosts to maintain persistence," the joint advisory reads. The two U.S. federal agencies added that all organizations who haven't yet patched their VMware systems against Log4Shell should assume that they've already been breached and advise them to start hunting for malicious activity within their networks.

CISA warned in June that VMware Horizon and Unified Access Gateway (UAG) servers are still being preyed upon by multiple threat actors, including state-sponsored hacking groups, using Log4Shell exploits. Log4Shell can be exploited remotely to target vulnerable servers exposed to local or Internet access to move laterally across breached networks to access internal systems that store sensitive data.

Businesses

Dell Reaches $1 Billion Settlement Over Disputed 2018 Stock Swap (reuters.com) 6

Dell on Wednesday said it reached a $1 billion settlement of a lawsuit accusing it of short-changing some shareholders in a controversial $23.9 billion transaction in 2018 that marked its return as a publicly traded company. Reuters reports: The all-cash settlement is subject to approval by a Delaware Chancery Court judge, and will be reflected in Dell's third-quarter results. It resolves claims against the Round Rock, Texas-based computing and technology services company and controlling shareholders, including billionaire Chief Executive Michael Dell and private equity firm Silver Lake.

The disputed December 2018 transaction involved a stock swap related to Dell's interest in software maker VMware. Dell paid $14 billion in cash and issued 149.4 million Class C shares in exchange for outstanding Class V shares, which tracked VMware's publicly traded stock. Holders of the Class V shares sought $10.7 billion in damages, saying their stock was worth far more than Dell paid for it, while the Class C stock was worth far less than Michael Dell and Silver Lake claimed. A trial had been scheduled to begin next month. The settlement also resolves claims against Goldman Sachs Group, which advised Dell on the transaction and stood to receive a $70 million fee. Insurers may pay part of the settlement amount.

United Kingdom

Everyone Is Bullying the UK Government In Its Own Discord Server (pcgamer.com) 46

The UK Treasury has opened an account on Discord to a torrent of abuse from users of the gamer-focused chat app -- abuse they managed to send despite the government blocking all comments on the service. The Guardian reports: With its community-focused approach, where servers encourage tight-knit groups to form and discuss issues related to the overall focus of the topic, Discord may seem an odd fit for the strait-laced world of government communications. But the app has a lot of users interested in finance, thanks to solid take-up among day traders and crypto fans, two groups the Treasury is eager to connect with. The result: a read-only Discord server, where the only user who is allowed to post is the snappily named HMTreasurySocialAdmin1, who shares tweet-length news about the Treasury and chancellor.

But trolls will always find a way. Although posting is banned, emoji reactions are enabled, letting any user respond to a post from the Treasury with a single emoji, and new users are cheerily announced in a "welcome" channel. That means the Treasury's server has been eagerly posting automated messages such as, "Welcome, LOCK UP PRINCE ANDREW. We hope you brought pizza," and "Welcome Jeremy Corbyn. Say hi!". The latter does not appear to be the real account of the former leader of the opposition. [...]
UPDATE: Emoji reactions and the welcome channel vanished but eventually returned. According to the HM Treasure admin, Discord is the reason to blame for the issues.

"Due to the rapid growth of today's channel which has seen over 7,000 members join, a technical difficulty has led to reactions being paused," a post in the news channel read. "We are working with Discord to get reactions turned back on." The trolling can be continued here.
The Courts

Epic Strikes Back At Apple's iOS 'Security' Defense In Appeals Court (arstechnica.com) 98

An anonymous reader quotes a report from Ars Technica: It has been over a year now since a US District Court ruled that Apple did not violate antitrust law by forcing iOS developers (like plaintiff and Fortnite-maker Epic Games) to use its App Store and in-app payments systems. But that doesn't mean the case is settled, as both sides demonstrated Monday during oral arguments in front of the 9th Circuit Court of Appeals. The hearing was full of arcane discussion of legal standards and procedures for reviewing the case and its precedents, as well as input from state and federal governments on how the relevant laws should be interpreted. In the end, though, the core arguments before the appeals court once again centered on issues of walled gardens, user lock-in, and security versus openness in platform design.

In defending Apple's position, counsel Mark Perry argued that the company's restraints on iOS app distribution were put in place from the beginning to protect iPhone users. Based on its experience managing software security and privacy on Macs, Apple decided it "did not want the phone to be like a computer. Computers are buggy, they crash, they have problems. They wanted the phone to be better." If the Mac App Store was the equivalent of a lap belt, the iOS App Store, with its costly human review system, is "a six-point racing harness," Perry said. "It's safer. They're both safe, but it's safer." While Epic argued that the iPhone's walled garden "only keeps out competition," Perry shot back that "what's kept out by walled gardens is fraudsters and pornsters and hackers and malware and spyware and foreign governments..." Providing superior user safety, Perry said, is a key "non-price feature" that helps set the iPhone apart from its Android-based competition. Users who want the more open system that Epic is fighting for can already buy an Android phone and choose from a variety of App Stores, Perry said. By doing so, though, those users "open themselves up to more intrusion" compared to an iPhone, he argued. Those kinds of "pro-competitive" security features Apple offers with its App Store restrictions legally outweigh the "minor anti-competitive effects" iOS app developers face on the platform, Perry said.

[...] Apple's Perry argued that Epic presented "no data or empirical evidence" to show that users felt locked in to Apple's app ecosystem. Epic failed to commission the usual survey that would show users were worried about switching costs or information costs in a case like this, Perry said, a "failure of proof" that he said obviates all other technical legal claims. At the same time, Perry said Epic carefully "crafted a market definition only fitting Google and Apple" in arguing its case and has not been able to bring in other developers to support a class action. Epic "didn't want to pick a fight with the consoles, didn't want to pick a fight with Microsoft," he said, despite similarities in the "walled garden" approaches in those markets. The three-judge appeals panel betrayed little as to which arguments it favored during Monday's hearing, offering pointed questions for both sides. A ruling in the appeals case is expected sometime next year.

Bitcoin

FTX's Failure Is Sparking a Massive Regulatory Response (coindesk.com) 66

"The collapse of FTX will likely give rise to a number of criminal and civil actions against the exchange and its executives, like former FTX CEO Sam Bankman-Fried," reports CoinDesk, citing a number of legal experts. "It's also likely to push forward actual regulatory changes, either via lawmakers or through federal agencies themselves." An anonymous reader shares an excerpt from the report: FTX filed for bankruptcy last Friday, days after halting withdrawals and a little over a week after CoinDesk first reported that the balance sheet of FTX sister company Alameda Research held a surprisingly large amount of FTT, an exchange token issued by FTX. FTX was "fine," Bankman-Fried said in response to questions about his exchange's solvency, before a series of events showed otherwise. As a result, several state and federal agencies launched or expanded investigations into the company, including the U.S. Department of Justice, the U.S. Securities and Exchange Commission, the Securities Commission of the Bahamas and the Bahamas' Financial Crimes Investigation Branch. Members of the U.S. Congress from both political parties are also calling for further action as a result of the collapse. Some lawmakers are even talking about holding hearings, potentially by the end of the year, said Ron Hammond of the Blockchain Association.

The fact that regulators apparently had no view into some of the major projects that fell apart this year -- such as Celsius, Three Arrows, Luna and now FTX -- is "precisely the problem," said an industry participant who works closely with policymakers. Still, the individual told CoinDesk that they don't expect any major legislative action to occur this year. Most likely, Congress will look at bills like the Digital Commodities Consumer Protection Act, a bill that Bankman-Fried supported but was written prior to that, in the upcoming year. According to an attorney who requested anonymity, the SEC may have an easier time kicking off the investigation just due to its mandate. "The SEC is in a much better position to go to court and get a freeze [on assets] if they believe there's a reason to do that," the attorney said. "The SEC also has a less cumbersome process for subpoenaing testimony and freezing documents." The SEC and DOJ are likely to cooperate though, to the extent that DOJ investigators may sit in on SEC interviews.

FTX has various U.S. connections, which is all the SEC and DOJ need to assert jurisdiction for their investigations. FTX appears to be preparing for these investigations, with FTX US General Counsel Ryne Miller having already told the entire company to preserve documents. A former federal prosecutor told CoinDesk that the bankruptcy court may also shed light on the situation, thus assisting government investigators with their probes. "The bankruptcy court has the ability to now oversee the company and to obtain information from the company that, let's say the DOJ might not have been able to obtain as easily pre-bankruptcy, and they'll likely have access to a new trustee or an examiner and be able to learn in essentially real-time what's going on," the former prosecutor said. Executives like Bankman-Fried may also "be in a tough spot with respect to" deciding whether to cooperate or assert Fifth Amendment rights against self-incrimination, the former prosecutor added.
"A complicating factor -- for FTX anyway -- may be the fact that Bankman-Fried has tweeted his way through his company's collapse," adds CoinDesk.

"It's a complete nightmare," said Ken White, a former federal prosecutor and a partner at the Brown White & Osborn law firm. "This is a situation where all sorts of agencies are going to be looking at this, the SEC, the FTC, and probably the Department of Justice. There are all sorts of potential criminal and civil consequences -- lawsuits. Civil lawsuits are a certainty. And here he is sort of tweeting out his thoughts about it. It's every attorney's nightmare of what a client might do."

The main issue being that Bankman-Fried repeatedly took to Twitter to reassure users that everything was fine. "It creates new bases for criminal or civil claims against him just based on those tweets," White said. "So if he says that everything's fine, that their assets are real assets, and that's not true, then that can be securities fraud, and wire fraud, all sorts of other stuff, not to mention all sorts of civil causes of action ... It is just disastrously reckless."
AI

Italy Outlaws Facial Recognition Tech, Except To Fight Crime 24

Italy prohibited the use of facial recognition and "smart glasses" on Monday as its Data Protection Agency issued a rebuke to two municipalities experimenting with the technology. Reuters reports: Facial recognition systems using biometric data will not be allowed until a specific law is adopted or at least until the end of next year, the privacy watchdog said. The exception is when such technologies play a role in judicial investigations or the fight against crime. "The moratorium arises from the need to regulate eligibility requirements, conditions and guarantees relating to facial recognition, in compliance with the principle of proportionality," the agency said in a statement.

Under European Union and Italian law, the processing of personal data by public bodies using video devices is generally allowed on public interest grounds and when linked to the activity of public authorities, it added. However, municipalities that want to use them have to strike "urban security pacts" with central government representatives, it added. The agency was reacting to measures taken in the southern Italian city of Lecce, where authorities said they would begin using a technology based on facial recognition. The privacy watchdog also targeted the Tuscan city of Arezzo, where local police were due to be equipped with infrared super glasses that can recognise car number plates.
Earth

The Climate Issue Government Leaders Aren't Addressing: Livestock Farming (theguardian.com) 445

It's "a major cause" of our climate crisis. "It's on course to guzzle half the world's carbon budget," writes a Guardian columnist — asking "so why are governments so afraid to discuss it?"

They've reviewed every agreement announced at 26 different climates. The results? Livestock is mentioned in only three agreements, and the only action each of them proposes is "management". Nowhere is there a word about reduction. It's as though nuclear non-proliferation negotiators had decided not to talk about bombs. You cannot address an issue if you will not discuss it. The call to stop farming animals should be as familiar as the call to leave fossil fuels in the ground. But it is seldom heard.

Livestock farming, a recent paper in the journal Sustainability estimates, accounts for between 16.5% and 28% of all greenhouse gas pollution. The wide range of these figures is an indication of how badly this issue has been neglected. As the same paper shows, the official figure (14.5%), published by the UN Food and Agriculture Organisation, is clearly wrong. Everyone in the field knows it, yet few attempts have been made to update it. Even if the minimum number (16.5%) applies, this is greater than all the world's transport emissions.

And it is growing fast. In the 20 years to 2018, global meat consumption rose by 58%. A paper in Climate Policy estimates that, by 2030, greenhouse gases from livestock farming could use half the world's entire carbon budget, if we want to avoid more than 1.5C of global heating. An analysis by Our World in Data shows that even if greenhouse gas pollution from every other sector were eliminated today, by 2100 food production will, on its current trajectory, bust the global carbon budget two or three times over. This is largely because of animal farming, which accounts for 57% of greenhouse gases from the food system, though it provides just 18% of the calories.

The article also notes an academic paper which calculated that if livestock pastures in just the world's richest nations were returned to wild ecosystems, it would fully offset 12 years worth of global carbon emissions. "This issue has become even more urgent now we know the heating impact of methane is rising.

"Livestock farming is the world's greatest source of methane released by human activities. Yet there is no mention of it in the global methane pledge launched at last year's climate summit."

Thanks to Slashdot reader AleRunner for sharing the article.

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