The Courts

Delta Air Lines Class Action Cleared For Takeoff Over CrowdStrike Chaos (theregister.com) 13

A federal judge has allowed key parts of a class action lawsuit against Delta Air Lines to proceed, stemming from massive flight disruptions caused by CrowdStrike's faulty Windows update in July 2024. The Register reports: Delta blamed its reliance on Microsoft software and the CrowdStrike incident for its woes. However, according to the plaintiffs in the action (PDF), both companies offered the airline assistance, which Delta turned down. Customers of the Atlanta-based carrier affected by the delays and cancellations claim they struggled to secure refunds and compensation from the airline. The plaintiffs allege that "although Delta offered reimbursement of eligible expenses through their website and app, Delta failed to clarify that the customer would only be receiving a partial reimbursement."

"Furthermore, Delta did not disclose to its customers that acceptance of the partial reimbursement would release any legal claims the customer may have against Delta until after the customer 'click[ed] on the button to accept the partial reimbursement.'" The action concerns both US domestic and international travel. The former is covered by US Department of Transportation rules, which require airline agents to "inform customers of their right to a refund ... before making an offer for alternative transportation, travel credits, vouchers, or other compensation in lieu of refunds."

The latter claims come under the Montreal Convention, which is designed to be a single, universal treaty to govern airline liability. Delta, which estimated its operational losses at around half a billion dollars due to the outage, sought to dismiss the complaint. While the US District Judge, Mark H. Cohen, granted the airline's motion to dismiss some of the claims, he permitted others to proceed. These were Count I (breach of contract based on failure to refund) and Count XII (violation of the Montreal Convention).

Government

Senate Passes 'Cruel' Republican Plan To Block Wi-Fi Hotspots For Schoolkids (arstechnica.com) 101

An anonymous reader quotes a report from Ars Technica: The US Senate today voted along party lines to kill a Federal Communications Commission program to distribute Wi-Fi hotspots to schoolchildren, with Democrats saying the Republican-led vote will make it harder for kids without reliable Internet access to complete their homework. The Senate approved a Congressional Review Act (CRA) resolution to nullify the hotspot rule, which was issued by the Federal Communications Commission in July 2024 under then-Chairwoman Jessica Rosenworcel. The program would be eliminated if the House version passes and President Trump signs the joint resolution of disapproval.

The Rosenworcel FCC's rule expanded E-Rate, a Universal Service Fund program, allowing schools and libraries to use E-Rate funding to lend out Wi-Fi hotspots and services that could be used off-premises. The FCC rule was titled, "Addressing the Homework Gap through the E-Rate Program," and the hotspot lending program was scheduled to begin in funding year 2025, which starts in July 2025. Today's Senate vote on the resolution of disapproval was 50-38. There was a 53-47 vote on Tuesday that allowed the Senate measure to proceed to the final step. Sen. Richard Blumenthal (D-Conn.) said on Tuesday that "this resolution would prevent millions of students, educators, and families from getting online."
Sen. Edward Markey (D-Mass.) called the Republican move "a cruel and shortsighted decision that will widen the digital divide and rob kids of the tools they need to succeed."
The Courts

Judge Dismisses Most Charges Against FTX's Celebrity Boosters 50

A Florida federal judge has dismissed the majority of claims against celebrities who endorsed Sam Bankman-Fried's now-collapsed cryptocurrency exchange FTX. Judge K. Michael Moore ruled that investors failed to demonstrate the high-profile endorsers -- including Tom Brady, Gisele Bundchen, Kevin O'Leary, Larry David, Shohei Ohtani, and Stephen Curry -- knew about FTX's fraudulent activities.

In his ruling, Moore wrote that while the celebrity endorsers may have been "uninformed, negligent, or even reckless," plaintiffs didn't adequately establish that defendants had "knowledge of FTX's fraud" or "the requisite intent to deceive and defraud investors."
The Courts

AI of Dead Arizona Road Rage Victim Addresses Killer In Court (theguardian.com) 127

An anonymous reader quotes a report from The Guardian: Chris Pelkey was killed in a road rage shooting in Chandler, Arizona, in 2021. Three and a half years later, Pelkey appeared in an Arizona court to address his killer. Sort of. "To Gabriel Horcasitas, the man who shot me, it is a shame we encountered each other that day in those circumstances," says a video recording of Pelkey. "In another life, we probably could have been friends. I believe in forgiveness, and a God who forgives. I always have, and I still do," Pelkey continues, wearing a grey baseball cap and sporting the same thick red and brown beard he wore in life.

Pelkey was 37 years old, devoutly religious and an army combat veteran. Horcasitas shot Pelkey at a red light in 2021 after Pelkey exited his vehicle and walked back towards Horcasitas's car. Pelkey's appearance from beyond the grave was made possible by artificial intelligence in what could be the first use of AI to deliver a victim impact statement. Stacey Wales, Pelkey's sister, told local outlet ABC-15 that she had a recurring thought when gathering more than 40 impact statements from Chris's family and friends. "All I kept coming back to was, what would Chris say?" Wales said. [...]

Wales and her husband fed an AI model videos and audio of Pelkey to try to come up with a rendering that would match the sentiments and thoughts of a still-alive Pelkey, something that Wales compared with a "Frankenstein of love" to local outlet Fox 10. Judge Todd Lang responded positively to the AI usage. Lang ultimately sentenced Horcasitas to 10 and a half years in prison on manslaughter charges. "I loved that AI, thank you for that. As angry as you are, as justifiably angry as the family is, I heard the forgiveness," Lang said. "I feel that that was genuine." Also in favor was Pelkey's brother John, who said that he felt "waves of healing" from seeing his brother's face, and believes that Chris would have forgiven his killer. "That was the man I knew," John said.

Government

Trump Will Rescind Biden-Era AI Chip Export Curbs (reuters.com) 101

According to Bloomberg, the Trump administration plans to revise a set of chip trade restrictions called the "AI diffusion" rule, which were scheduled to take effect on May 15. CNBC reports: The rule, which was proposed in the last days of the Biden administration, organizes countries into three different tiers, all of which have different restrictions on whether advanced AI chips like those made by Nvidia, AMD, and Intel can be shipped to the country without a license.

Chipmakers including Nvidia and AMD have been against the rule. AMD CEO Lisa Su told CNBC on Wednesday that the U.S. should strike a balance between restricting access to chips for national security and providing access, which will boost the American chip industry. Nvidia CEO Jensen Huang said earlier this week that being locked out of the Chinese AI market would be a "tremendous loss."

The Courts

VMware Perpetual License Holders Receive Cease-And-Desist Letters From Broadcom (arstechnica.com) 71

An anonymous reader quotes a report from Ars Technica: Broadcom has been sending cease-and-desist letters to owners of VMware perpetual licenses with expired support contracts, Ars Technica has confirmed. Following its November 2023 acquisition of VMware, Broadcom ended VMware perpetual license sales. Users with perpetual licenses can still use the software they bought, but they are unable to renew support services unless they had a pre-existing contract enabling them to do so. The controversial move aims to push VMware users to buy subscriptions to VMware products bundled such that associated costs have increased by 300 percent or, in some cases, more. Some customers have opted to continue using VMware unsupported, often as they research alternatives, such as VMware rivals or devirtualization.

Over the past weeks, some users running VMware unsupported have reported receiving cease-and-desist letters from Broadcom informing them that their contract with VMware and, thus, their right to receive support services, has expired. The letter [PDF], reviewed by Ars Technica and signed by Broadcom managing director Michael Brown, tells users that they are to stop using any maintenance releases/updates, minor releases, major releases/upgrades extensions, enhancements, patches, bug fixes, or security patches, save for zero-day security patches, issued since their support contract ended.

The letter tells users that the implementation of any such updates "past the Expiration Date must be immediately removed/deinstalled," adding: "Any such use of Support past the Expiration Date constitutes a material breach of the Agreement with VMware and an infringement of VMware's intellectual property rights, potentially resulting in claims for enhanced damages and attorneys' fees." [...] The cease-and-desist letters also tell recipients that they could be subject to auditing: "Failure to comply with [post-expiration reporting] requirements may result in a breach of the Agreement by Customer[,] and VMware may exercise its right to audit Customer as well as any other available contractual or legal remedy."

Government

FTC Bans Hidden Fees For Live Events and Short-Term Rentals (techcrunch.com) 43

An anonymous reader quotes a report from TechCrunch: The U.S. Federal Trade Commission (FTC) on Monday released new documentation detailing its new "Rule on Unfair or Deceptive Fees." The rule, set to take effect on May 12, prohibits hidden fees for live events, hotels, and short-term rentals. It also bans practices such as "bait-and-switch pricing" and any actions that conceal or misrepresent total prices and fees.

In a newly published FAQ, the FTC offers a guide for these types of businesses, providing detailed information about pricing transparency. The rule will impact businesses, including live-event ticket sellers and short-term lodging providers, like hotels, motels, Airbnb, or VRBO. Third-party platforms, resellers, and travel agents are also covered by the new regulation. (Airbnb already updated its service in advance of this new regulation to show users the total cost of their stay upfront.) [...]

Also included in the FTC's new FAQ are the types of fees that can be excluded, such as taxes or government fees, shipping charges, and charges for optional goods or services people may select to buy as part of the same transaction. (Note that handling charges aren't on this list.) However, the FTC notes that businesses must disclose that it has excluded charges from the total price before asking for payment. For example, if a business excludes shipping charges from the advertised price, it's required to clearly state the amount and purpose of those charges.

The Courts

NSO Group Must Pay More Than $167 Million In Damages To WhatsApp For Spyware Campaign (techcrunch.com) 7

An anonymous reader quotes a report from TechCrunch: Spyware maker NSO Group will have to pay more than $167 million in damages to WhatsApp for a 2019 hacking campaign against more than 1,400 users. On Tuesday, after a five-year legal battle, a jury ruled that NSO Group must pay $167,256,000 in punitive damages and around $444,719 in compensatory damages. This is a huge legal win for WhatsApp, which had asked for more than $400,000 in compensatory damages, based on the time its employees had to dedicate to remediate the attacks, investigate them, and push fixes to patch the vulnerability abused by NSO Group, as well as unspecified punitive damages.

The trial, as well as the whole lawsuit, prompted a series of revelations, such as the location of the victims of the 2019 spyware campaign, as well as the names of some of NSO Group's customers. The ruling marks the end -- pending a potential appeal -- of a legal battle that started in more than five years ago, when WhatsApp filed a lawsuit against the spyware maker. The Meta-owned company accused NSO Group of accessing WhatsApp servers and exploiting an audio-calling vulnerability in the chat app to target around 1,400 people, including dissidents, human rights activists, and journalists.
NSO Group's spokesperson Gil Lainer left the door open for an appeal. "We will carefully examine the verdict's details and pursue appropriate legal remedies, including further proceedings and an appeal," Lainer said in a statement.
Government

CISA Budget Faces Possible $500 Million Cut (theregister.com) 50

President Trump's proposed 2026 budget seeks to cut nearly $500 million from CISA, accusing the agency of prioritizing censorship over cybersecurity and election protection. "The proposed cuts -- which are largely symbolic at this stage as they need to be approved by Congress -- are framed as a purge of the so-called 'censorship industrial complex,' a term the White House uses to describe CISA's work countering misinformation," reports The Register. From the report: In its fiscal 2024 budget request, the agency had asked [PDF] for a total of just over $3 billion to safeguard the nation's online security across both government and private sectors. The enacted budget that year was about $34 million lower than the previous year's. Now, a deep cut has been proposed [PDF], as the Trump administration decries the agency's past work tackling the spread of misinformation on the web by America's enemies, as well as the agency's efforts safeguarding election security. [...]

"The budget eliminates programs focused on so-called misinformation and propaganda as well as external engagement offices such as international affairs," it reads [PDF]. "These programs and offices were used as a hub in the censorship industrial complex to violate the First Amendment, target Americans for protected speech, and target the President. CISA was more focused on censorship than on protecting the nation's critical systems, and put them at risk due to poor management and inefficiency, as well as a focus on self-promotion."

Privacy

Messaging App Used by Mike Waltz, Trump Deportation Airline GlobalX Both Hacked in Separate Breaches (reuters.com) 40

TeleMessage, a communications app used by former Trump national security adviser Mike Waltz, has suspended services after a reported hack exposed some user messages. The breach follows controversy over Waltz's use of the app to coordinate military updates, including accidentally adding a journalist to a sensitive Signal group chat. From the report: In an email, Portland, Oregon-based Smarsh, which runs the TeleMessage app, said it was "investigating a potential security incident" and was suspending all its services "out of an abundance of caution." A Reuters photograph showed Waltz using TeleMessage, an unofficial version of the popular encrypted messaging app Signal, on his phone during a cabinet meeting on Wednesday. A separate report from 404 Media says hackers have also targeted GlobalX Air -- one of the main airlines the Trump administration is using as part of its deportation efforts -- and claim to have stolen flight records and passenger manifests for all its flights, including those for deportation. From the report: The data, which the hackers contacted 404 Media and other journalists about unprompted, could provide granular insight into who exactly has been deported on GlobalX flights, when, and to where, with GlobalX being the charter company that facilitated the deportation of hundreds of Venezuelans to El Salvador. "Anonymous has decided to enforce the Judge's order since you and your sycophant staff ignore lawful orders that go against your fascist plans," a defacement message posted to GlobalX's website reads. Anonymous, well-known for its use of the Guy Fawkes mask, is an umbrella some hackers operate under when performing what they see as hacktivism.
Security

Hundreds of E-Commerce Sites Hacked In Supply-Chain Attack (arstechnica.com) 16

An anonymous reader quotes a report from Ars Technica: Hundreds of e-commerce sites, at least one owned by a large multinational company, were backdoored by malware that executes malicious code inside the browsers of visitors, where it can steal payment card information and other sensitive data, security researchers said Monday. The infections are the result of a supply-chain attack that compromised at least three software providers with malware that remained dormant for six years and became active only in the last few weeks. At least 500 e-commerce sites that rely on the backdoored software were infected, and it's possible that the true number is double that, researchers from security firm Sansec said. Among the compromised customers was a $40 billion multinational company, which Sansec didn't name. In an email Monday, a Sansec representative said that "global remediation [on the infected customers] remains limited."

"Since the backdoor allows uploading and executing arbitrary PHP code, the attackers have full remote code execution (RCE) and can do essentially anything they want," the representative wrote. "In nearly all Adobe Commerce/Magento breaches we observe, the backdoor is then used to inject skimming software that runs in the user's browser and steals payment information (Magecart)." The three software suppliers identified by Sansec were Tigren, Magesolution (MGS), and Meetanshi. All three supply software that's based on Magento, an open source e-commerce platform used by thousands of online stores. A software version sold by a fourth provider named Weltpixel has been infected with similar code on some of its customers' stores, but Sansec so far has been unable to confirm whether it was the stores or Weltpixel that were hacked. Adobe has owned Megento since 2018.

The Courts

Apple Will Appeal Contempt Ruling in Epic Games Case Over App Store (reuters.com) 15

Apple on Monday lodged an appeal to challenge a U.S. judge's ruling that ordered the tech company to immediately open its lucrative App Store to more competition. From a report: Apple in a court notice it will ask the San Francisco-based 9th U.S. Circuit Court of Appeals to review the April 30 ruling, which found the company in contempt of an earlier order in a 2020 antitrust lawsuit brought by Epic Games.

U.S. District Judge Yvonne Gonzalez Rogers said in her decision that Apple willfully failed to comply with a 2021 injunction designed to allow developers to more easily steer consumers to potentially cheaper non-Apple payment options. Gonzalez Rogers also referred Apple and one of its executives to federal prosecutors for a possible criminal contempt investigation.

Transportation

Class Action Accuses Toyota of Illegally Sharing Drivers' Data (insurancejournal.com) 51

"A federal class action lawsuit filed this week in Texas accused Toyota and an affiliated telematics aggregator of unlawfully collecting drivers' information and then selling that data to Progressive," reports Insurance Journal: The lawsuit alleges that Toyota and Connected Analytic Services (CAS) collected vast amounts of vehicle data, including location, speed, direction, braking and swerving/cornering events, and then shared that information with Progressive's Snapshot data sharing program. The class action seeks an award of damages, including actual, nominal, consequential damages, and punitive, and an order prohibiting further collection of drivers' location and vehicle data.
Florida man Philip Siefke had bought a new Toyota RAV4 XLE in 2021 "equipped with a telematics device that can track and collect driving data," according to the article. But when he tried to sign up for insurance from Progressive, "a background pop-up window appeared, notifying Siefke that Progressive was already in possession of his driving data, the lawsuit says. A Progressive customer service representative explained to Siefke over the phone that the carrier had obtained his driving data from tracking technology installed in his RAV4." (Toyota told him later he'd unknowingly signed up for a "trial" of the data sharing, and had failed to opt out.) The lawsuit alleges Toyota never provided Siefke with any sort of notice that the car manufacture would share his driving data with third parties... The lawsuit says class members suffered actual injury from having their driving data collected and sold to third parties including, but not limited to, damage to and diminution in the value of their driving data, violation of their privacy rights, [and] the likelihood of future theft of their driving data.
The telemetry device "can reportedly gather information about location, fuel levels, the odometer, speed, tire pressure, window status, and seatbelt status," notes CarScoop.com. "In January, Texas Attorney General Ken Paxton started an investigation into Toyota, Ford, Hyundai, and FCA..." According to plaintiff Philip Siefke from Eagle Lake, Florida, Toyota, Progressive, and Connected Analytic Services collect data that can contribute to a "potential discount" on the auto insurance of owners. However, it can also cause insurance premiums to be jacked up.
The plaintiff's lawyer issued a press release: Despite Toyota claiming it does not share data without the express consent of customers, Toyota may have unknowingly signed up customers for "trials" of sharing customer driving data without providing any sort of notice to them. Moreover, according to the lawsuit, Toyota represented through its app that it was not collecting customer data even though it was, in fact, gathering and selling customer information. We are actively investigating whether Toyota, CAS, or related entities may have violated state and federal laws by selling this highly sensitive data without adequate disclosure or consent...

If you purchased a Toyota vehicle and have since seen your auto insurance rates increase (or been denied coverage), or have reason to believe your driving data has been sold, please contact us today or visit our website at classactionlawyers.com/toyota-tracking.

On his YouTube channel, consumer protection attorney Steve Lehto shared a related experience he had — before realizing he wasn't alone. "I've heard that story from so many people who said 'Yeah, I I bought a brand new car and the salesman was showing me how to set everything up, and during the setup process he clicked Yes on something.' Who knows what you just clicked on?!"

Thanks to long-time Slashdot reader sinij for sharing the news.
Open Source

The UN Ditches Google for Form Submissions, Opts for Open Source 'CryptPad' Instead (itsfoss.com) 17

Did you know there's an initiative to drive Open Source adoption both within the United Nations — and globally? Launched in March, it's the work of the Digital Technology Network (under the UN's chief executive board) which "works to advance open source technologies throughout UN agencies," promoting "collaboration and scalable solutions to support the UN's digital transformation." Fun fact: The first group to endorse the initiative's principles was the Open Source Initiative...

"The Open Source Initiative applauds the United Nations for recognizing the growing importance of Open Source in solving global challenges and building sustainable solutions, and we are honored to be the first to endorse the UN Open Source Principles," said Stefano Maffulli, executive director of OSI.
But that's just the beginining, writes It's FOSS News: As part of the UN Open Source Principles initiative, the UN has invited other organizations to support and officially endorse these principles. To collect responses, they are using CryptPad instead of Google Forms... If you don't know about CryptPad, it is a privacy-focused, open source online collaboration office suite that encrypts all of its content, doesn't log IP addresses, and supports a wide range of collaborative documents and tools for people to use.

While this happened back in late March, we thought it would be a good idea to let people know that a well-known global governing body like the UN was slowly moving towards integrating open source tech into their organization... I sincerely hope the UN continues its push away from proprietary Big Tech solutions in favor of more open, privacy-respecting alternatives, integrating more of their workflow with such tools.

16 groups have already endorsed the UN Open Source Principles (including the GNOME Foundation, the Linux Foundation, and the Eclipse Foundation).

Here's the eight UN Open Source Principles:
  1. Open by default: Making Open Source the standard approach for projects
  2. Contribute back: Encouraging active participation in the Open Source ecosystem
  3. Secure by design: Making security a priority in all software projects
  4. Foster inclusive participation and community building: Enabling and facilitating diverse and inclusive contributions
  5. Design for reusability: Designing projects to be interoperable across various platforms and ecosystems
  6. Provide documentation: Providing thorough documentation for end-users, integrators and developers
  7. RISE (recognize, incentivize, support and empower): Empowering individuals and communities to actively participate
  8. Sustain and scale: Supporting the development of solutions that meet the evolving needs of the UN system and beyond.

United States

The Atlantic Warns Combining US Government Databases Could Create a 'Panopticon' (msn.com) 110

America's federal government "is a veritable cosmos of information, made up of constellations of databases," warns the Atlantic. The FBI "has a facial-recognition apparatus capable of matching people against more than 640 million photos — a database made up of driver's license and passport photos, as well as mug shots. The Homeland Security department holds data "about the movements of every person who travels by air commercially". America's Drug Enforcement Administration "tracks license plates scanned on American roads." And there's also every taxpayer's finance and employment history..." Government agencies including the IRS, the FBI, DHS, and the Department of Defense have all purchased cellphone-location data, and possibly collected them too, via secretive groups such as the National Geospatial-Intelligence Agency. That means the government has at least some ability to map or re-create the past everyday movements of some American citizens.
But now the information at individual agencies "is being pooled together. The question is Why? And what does the administration intend to do with it?" A White House spokesperson confirmed to the Atlantic that data collected by different agencies is now being combined. (They said that "Through data sharing between agencies, departments are collaborating to identify fraud and prevent criminals from exploiting hardworking American taxpayers.") But a March executive explicitly stated an aim "to eliminate the data silos that keep everything separate." The article accuses the administration officials of "not just undoing decades of privacy measures. They appear to be ignoring that they were ever written."

The Atlantic spoke with former government officials "who have spent time in these systems," reporting that "to a person, these experts are alarmed about the possibilities for harm, graft, and abuse... Collecting and then assembling data in the industrial way — just to have them in case they might be useful — would represent a huge and disturbing shift for the government..."

"A fragile combination of decades-old laws, norms, and jungly bureaucracy has so far prevented repositories such as these from assembling into a centralized American surveillance state. But that appears to be changing... DOGE has systematically gained access to sensitive data across the federal government "in ways that people in several agencies have described to us as both dangerous and disturbing."
United States

US National Security Official Caught Using 'Less-Secure Signal App Knockoff' (theguardian.com) 101

Remember when U.S. National Security Adviser Mike Waltz mistakenly included a journalist in an encrypted chatroom to discuss looming U.S. military action against Yemen's Houthis?

A recent photo of a high-level cabinet meeting caught Waltz using a "less-secure Signal app knockoff," reports the Guardian: The chat app Waltz was using appears to be a modified version of Signal called TM SGNL, made by a company that copies messaging apps but adds an ability to retain messages and archive them. The White House officials may be using the modified Signal in order to comply with the legal requirement that presidential records be preserved... That function suggests the end-to-end encryption that makes Signal trusted for sharing private communications is possibly "not maintained, because the messages can be later retrieved after being stored somewhere else", according to 404 Media.
Thursday the national security adviser was removed from his position, the article points out.

He was instead named America's ambassador to the United Nations.
Crime

Man Pleads Guilty To Stealing 1.1 Terabytes of Disney's Slack Data (variety.com) 32

A 25-year-old from Santa Clarita has pleaded guilty to hacking a Disney employee's computer using malware disguised as an AI art tool, stealing over 1 terabyte of confidential Disney data and threatening to leak it under the guise of a fake Russian hacktivist group. Variety reports: Santa Clarita resident Ryan Mitchell Kramer, 25, pleaded guilty to two felony charges, including one count of accessing a computer and obtaining information and one count of threatening to damage a protected computer. Each charge carries a maximum sentence of five years in federal prison. According to the plea agreement, in early 2024 Kramer posted a computer program on various online platforms that appeared to be used to create AI-generated art, when it really contained a malicious file to gain access to victims' computers.

Between April and May 2024, a Disney employee downloaded the program, and Kramer gained access to the victim's personal and work accounts, including a non-public Disney Slack channel. Kramer dowloaded approximately 1.1 terabytes of confidential data from thousands of Disney Slack channels. In July, Kramer contacted the victim by pretending to be a member of a fake Russian hacktivist group called "Nullbulge" and threatened to leak their personal information and Disney Slack data. On July 12, Kramer publicly released the data, including the victim's bank, medical, and personal information on multiple online platforms.

Advertising

US Asks Judge To Break Up Google's Ad Tech Business (theguardian.com) 41

The U.S. government is seeking to break up Google's advertising technology business after a judge ruled the company holds an illegal monopoly over ad tools for publishers, marking the second such antitrust case following a similar request to divest Chrome. The Guardian reports: "We have a defendant who has found ways to defy" the law, US government lawyer Julia Tarver Wood told a federal court in Virginia, as she urged the judge to dismiss Google's assurance that it would change its behavior. "Leaving a recidivist monopolist" intact was not appropriate to solve the issue, she added. [...] The US government specifically alleged that Google controls the market for publishing banner ads on websites, including those of many creators and small news providers.

The hearing in a Virginia courtroom was scheduled to plan out the second phase of the trial, set for September, in which the parties will argue over how to fix the ad market to satisfy the judge's ruling. The plaintiffs argued in the first phase of the trial last year that the vast majority of websites use Google ad software products which, combined, leave no way for publishers to escape Google's advertising technology and pricing.

The district court judge Leonie Brinkema agreed with most of that reasoning, ruling last month that Google built an illegal monopoly over ad software and tools used by publishers, but partially dismissed the argument related to tools used by advertisers. The US government said it would use the trial to recommend that Google should spin off its ad publisher and exchange operations, as Google could not be trusted to change its ways. "Behavioral remedies are not sufficient because you can't prevent Google from finding a new way to dominate," Tarver Wood said.

Google countered that it would recommend that it agree to a binding commitment that it would share information with advertisers and publishers on its ad tech platforms. Google lawyer Karen Dunn did, however, acknowledge the "trust issues" raised in the case and said the company would accept monitoring to guarantee any commitments made to satisfy the judge. Google is also arguing that calls for divestment are not appropriate in this case, which Brinkema swiftly refused as an argument. The judge urged both sides to mediate, stressing that coming to a compromise solution would be cost-effective and more efficient than running a weeks-long trial.

China

Irish Privacy Watchdog Fines TikTok $600 Million For China Data Transfers (apnews.com) 15

An anonymous reader quotes a report from the Associated Press: A European Union privacy watchdog fined TikTok 530 million euros ($600 million) on Friday after a four-year investigation found that the video sharing app's data transfers to China put users at risk of spying, in breach of strict EU data privacy rules. Ireland's Data Protection Commission also sanctioned TikTok for not being transparent with users about where their personal data was being sent and ordered the company to comply with the rules within six months.

The Irish national watchdog serves as TikTok's lead data privacy regulator in the 27-nation EU because the company's European headquarters is based in Dublin. "TikTok failed to verify, guarantee and demonstrate that the personal data of (European) users, remotely accessed by staff in China, was afforded a level of protection essentially equivalent to that guaranteed within the EU," Deputy Commissioner Graham Doyle said in a statement. The Irish watchdog said its investigation found that TikTok failed to address "potential access by Chinese authorities" to European users' personal data under Chinese laws on anti-terrorism, counterespionage, cybersecurity and national intelligence that were identified as "materially diverging" from EU standards. Grahn said TikTok has "has never received a request for European user data from the Chinese authorities, and has never provided European user data to them."

[...] The investigation, which opened in September 2021, also found that TikTok's privacy policy at the time did not name third countries, including China, where user data was transferred. The watchdog said the policy, which has since been updated, failed to explain that data processing involved "remote access to personal data stored in Singapore and the United States by personnel based in China." TikTok faces further scrutiny from the Irish regulator, which said that the company had provided inaccurate information throughout the inquiry by saying that it didn't store European user data on Chinese servers. It wasn't until April that it informed the regulator that it discovered in February that some data had in fact been stored on Chinese servers.
TikTok disagrees with the decision and plans to appeal. The company said the decision focuses on a "select period" ending in May 2023, before it embarked on a data localization project called Project Clover that involved building three data centers in Europe.

"The facts are that Project Clover has some of the most stringent data protections anywhere in the industry, including unprecedented independent oversight by NCC Group, a leading European cybersecurity firm," said Christine Grahn, TikTok's European head of public policy and government relations. "The decision fails to fully consider these considerable data security measures."
It's funny.  Laugh.

Federal Judge Orders Lawyer to Remove Dragon Watermark from Court Filings 67

A Michigan federal magistrate judge has banned a lawyer from using a cartoon dragon watermark on legal filings, calling the practice "juvenile and impertinent." Judge Ray Kent of the Western District of Michigan issued the order on April 28 after receiving a complaint featuring a purple, suit-wearing dragon on every page.

"Each page of plaintiff's complaint appears on an e-filing which is dominated by a large multi-colored cartoon dragon dressed in a suit," Kent wrote. "The Court is not a cartoon." The watermark belongs to Jacob A. Perrone of Dragon Lawyers, who told The New York Times he purchased the image online for $20 because "people like dragons."

Perrone said it plans to continue using the logo in his practice but will tone it down in future court submissions.

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