Techdirt

Summary:On March 10 2021, the Russian Government deliberately slowed down access to Twitter after it accused the platform of repeatedly failing to remove posts about illegal drug use, child pornography, and pushing minors towards suicide.State communications watchdog Roskomnadzor (RKN) claimed that “throttling” the speed of uploading and downloading images and videos on Twitter was to protect its citizens by making its content less accessible. Using Deep Packet Inspection (DPI) technology, RKN essentially filtered internet traffic for Twitter-related domains. As part of Russia’s controversial 2019 Sovereign Internet Law, all Russian Internet Service Providers (ISPs) were required to install this technology, which allows internet traffic to be filtered, rerouted, and blocked with granular rules through a centralized system. In this example, it blocked or slowed down access to specific content (images and videos) rather than the entire service. DPI technology also gives Russian authorities unilateral and automatic access to ISPs’ information systems and access to keys to decrypt user communications.Twitter throttling in Russia meme. Translation: “Runet users; Twitter”The University of Michigan’s researchers reported connection speeds to Twitter users were reduced on average by 87 percent and some Russian internet service providers reported a wider slowdown in access. Inadvertently, this throttling affected all website domains that included the substring t.co (Twitter’s shortened domain name), including Microsoft.com, Reddit.com, Russian state operated news site rt.com and several other Russian Government websites, including RKN’s own.Although reports suggest that Twitter has a limited user base in Russia, perhaps as low as 3% of the population (from an overall population of 144 million), it is popular with politicians, journalists and opposition figures. The ‘throttling’ of access was likely intended as a warning shot to other platforms and a test of Russia’s technical capabilities. Russian parliamentarian, Aleksandr Khinshtein, an advocate of the 2019 Sovereign Internet Law, was quoted as saying that:Putting the brakes on Twitter traffic “will force all other social networks and large foreign internet companies to understand Russia won’t silently watch and swallow the flagrant ignoring of our laws.” The companies would have to obey Russian rules on content or “lose the possibility to make money in Russia.” — Aleksandr KhinshteinThe Russian Government has a history of trying to limit and control citizen’s access and use of social media. In 2018, it tried and ultimately failed to shut down Telegram, a popular messaging app. Telegram, founded by the Russian émigré, Pavel Durov, refused to hand over its encryption keys to RKN, despite a court order. Telegram was able to thwart the shutdown attempts by shifting the hosting of its website to Google Cloud and Amazon Web Services through ‘domain fronting’ – which the Russian Government later banned. The Government eventually backed down in the face of technical difficulties and strong public opposition.

It didn't take long for Citizen -- the app that once wanted to be a cop -- to wear out its law enforcement welcome. The crime reporting app has made several missteps since its inception, beginning with its original branding as "Vigilante."Having been booted from app stores for encouraging (unsurprisingly) vigilantism, the company rebranded as "Citizen," hooking um… citizens up with live feeds of crime reports from city residents as well as transcriptions of police scanner output. It also paid citizens to show up uninvited at crime scenes to report on developing situations.But it never forgot its vigilante origins. When wildfires swept across Southern California last year, Citizen's principals decided it was time to put the "crime" back in "crime reporting app." The problem went all the way to the top, with Citizen CEO Andrew Frame dropping into Slack conversations and live streams, imploring employees and app users to "FIND THIS FUCK."The problem was Citizen had identified the wrong "FUCK." The person the app claimed was responsible for the wildfire wasn't actually the culprit. Law enforcement later tracked down a better suspect, one who had actually generated some evidence implicating them.After calling an innocent person a "FUCK" and a "devil" in need of finding, Citizen was forced to walk back its vigilantism and rehabilitate its image. Unfortunately for Citizen, this act managed to burn bridges with local law enforcement just as competently as the wildfire it had used to start a vastly ill-conceived manhunt.As Joseph Cox reports for Motherboard, this act ignited the last straw that acted as a bridge between Citizen and one of the nation's largest law enforcement agencies, the Los Angeles Police Department. Internal communications obtained by Vice show the LAPD decided to cut ties with the app after the company decided its internal Slack channel was capable of taking the law into its own hands.

We've already talked about the many problems with the EARN IT Act, how the defenders of the bill are confused about many basic concepts, how the bill will making children less safe and how the bill is significantly worse than FOSTA. I'm working on most posts about other problems with the bill, but it really appears that many in the Senate simply don't care.Tomorrow they'll be doing a markup of the bill where it will almost certainly pass out of the Judiciary Committee, at which point it could be put up for a floor vote at any time. Why the Judiciary Committee is going straight to a markup, rather than holding hearings with actual experts, I cannot explain, but that's the process.But for now at least over 60 human rights and public interest groups have signed onto a detailed letter from CDT outlining many of the problems in the bill, and asking the Senate to take a step back before rushing through such a dangerous bill.

In June 2020, in Brattleboro, Vermont, something extremely ordinary happened. Two residents of the community interacted on Facebook. It was not a friendly interaction, which made it perhaps even more ordinary.Here's the ordinariness in all of its mundane detail, as recounted in Brattleboro resident Isabel Vinson's lawsuit [PDF] seeking to have one of the state's laws found unconstitutional.

If capturing a bird's eye view of your favorite places is a fun way for you to unwind when you have some time, then the Vivitar VTI Phoenix Foldable Camera Drone (certified refurbished) is a great choice for updating your hobby's capabilities. All the pieces come secured in the sided carrying case, which helps protect them from damage as well as keeps them neatly organized. The two included batteries allow for a combined flight time of over 32 minutes, so you can get the most out of your drone's 1152p video camera video imaging. With a range of 2000 feet, Follow Me technology, GPS location locking, and Wi-Fi transmission capability, this drone has all the bells and whistles you need. It's on sale for $159.Note: The Techdirt Deals Store is powered and curated by StackCommerce. A portion of all sales from Techdirt Deals helps support Techdirt. The products featured do not reflect endorsements by our editorial team.

AT&T got a lot wrong (and still really can't admit it) with the company's $86 billion acquisition of Time Warner. There were endless layoffs, a steady dismantling of beloved brands (DC's Vertigo imprint, Mad Magazine), all for the company to lose pay TV subscribers in the end.But the one thing the company did get right, with a little help from COVID, was its attacks on the dated, pointless, and often punitive Hollywood release window. Typically, this has involved a 90 day gap between the time a move appears in theaters and its streaming or DVD release (in France this window is even more ridiculous at three years). Generally, this is done to protect the "sanctity of the movie going experience," as if for thirty years the "sanctity of the movie going experience" hasn't involved sticky floors, over priced popcorn, big crowds and mass shootings.During COVID, big streamers like AT&T and Comcast shifted a lot of their tentpole films (like Dune) directly to streaming, which technically saved human lives, but resulted in no limit of raised eyebrows and scorn among the "Loews at the mall is a sacred space you can't criticize" segment of Hollywood. You might recall that AMC Theaters was positively apoplectic when Comcast showed that release windows were a dated relic, declaring it would never again show a Comcast NBC Universal picture anywhere in the world if Comcast kept threatening the sacred release window (the threat lasted about a week).WarnerMedia (in the process of being spun off by AT&T) has faced similar whining from the industry. This week the company was hit with a lawsuit (pdf) by Village Roadshow Films, which claims the company "rushed" the release of The Matrix Resurrections from 2022 to 2021 as part of an (gasp) effort to boost streaming's popularity. All through 2021, AT&T/Time Warner released films simultaneously in theaters and on streaming to boost HBO Max subscriptions. And people liked it.Unsurprisingly, Village Roadshow Films did not, claiming the effort (dubbed "Project Popcorn") was a "clandestine plan to materially reduce box office and correlated ancillary revenue generated from tent pole films that Village Roadshow and others would be entitled to receive in exchange for driving subscription revenue for the new HBO Max service." HBO Max and AT&T telegraphed this intention, so it seems hard to argue this was somehow clandestine. The suit also accuses WarnerMedia of ignoring the fact that piracy would have hurt the overall profits to be made from the film, though, again, metrics proving clear financial harm appear lacking.But just as unsurprisingly, Warner Brothers thinks Village Roadshow Films is just annoyed by reality and shifting markets:

The endless parade of bad news for Israeli malware merchant NSO Group continues. While it appears someone might be willing to bail out the beleaguered company, it still has to do business as the poster boy for the furtherance of human rights violations around the world. That the Israeli government may have played a significant part in NSO's sales to known human rights violators may ultimately be mitigating, but for now, NSO is stuck playing defense with each passing news cycle.Late last month, the New York Times revealed some very interesting things about NSO Group. First, it revealed the company was able to undo its built-in ban on searching US phone numbers… provided it was asked to by a US government agency. The FBI took NSO's powerful Pegasus malware for a spin in 2019, but under an assumed name: Phantom. With the permission of NSO and the Israeli government, the malware was able to target US numbers, albeit ones linked to dummy phones purchased by the FBI.The report noted the FBI liked what it saw, but found the zero-click exploit provided by NSO's bespoke "Phantom" (Pegasus, but able to target US numbers) might pose constitutional problems the agency couldn't surmount. So, it walked away from NSO. But not before running some attack attempts through US servers -- something that was inadvertently exposed by Facebook and WhatsApp in their lawsuit against NSO over the targeting of WhatsApp users. An exhibit declared NSO was using US servers to deliver malware, something that suggested NSO didn't care about its self-imposed restrictions on US targeting. In reality, it was the FBI and NSO running some tests on local applications of zero-click malware that happened to be caught by Facebook techies.But there's more. Recent reports building on the NYT article contain statements that claim NSO approached service providers with (well, let's just say it) bribes to allow access to targets at a higher level that might mitigate some of the defensive efforts deployed by Facebook, Google, and Apple.Here's what's been alleged in newer reports, like this one by Craig Timberg of the Washington Post:

When it comes to silly trademark disputes, Apple has come up for discussion many, many times. The mega-corporation is a jealous defender of all of its IP, but most of our stories have focused on its disputes with companies that created logos that involve any sort of apple or other fruit. Sometimes it's not even companies that Apple is fighting with, but entire foreign political parties. The idea here is that when it comes to logos or trade dress, Apple appears to think that it owns all the apples.But what about the word itself? Well, the company can get absurd at that level, too. For instance, Apple recently opposed the trademark application for a Ukrainian filmmaker's indie opus, entitled Apple-Man.

As you hopefully know, there are two main parts to the DMCA law that was passed in 1998. There's DMCA 512, which is what you hear about most of the time. That's the part that includes the rules for notice and takedown regimes for user uploaded content (among other things). It's got problems, but in its current form has also enabled many important services to exist. The other part, which is much more problematic, is DMCA 1201, which is the anti-circumvention rules -- or you could call it the "DRM" part of the law. This has no redeeming value whatsoever. Under 1201 basically any attempt to circumvent a "technological" protection measure, can be deemed infringing even if the underlying content is never infringed upon. This part of the law is not only not necessary, but it's drafted in a manner that has been regularly abused -- enabling everyone from printer manufacturers to garage door opener companies to argue that simple reverse engineering to create competition is "infringement."In fact, everyone -- even the drafters of the DMCA -- knew that 1201 went too far and would lead to massive collateral damage. Rather than not passing such a bill, Congress came up with its "escape valve" which is the triennial review process, whereby every three years, the Librarian of Congress can magically declare which things are exempt from 1201. This has exempted a few classes of important use cases, but just the fact that (1) these uses need to be renewed every three years, and (2) that you have to ask for permission that can only be granted every 3 years for things that should be perfectly legal... is a problem.Way back in 2016, EFF brought a case challenging the constitutionality of 1201 on behalf of computer security researcher/professor Matthew Green and hardware hacker Bunnie Huang, arguing that the DMCA 1201 liability suppressed their speech by stopping security research and beneficial hacking efforts. In 2019, a court dismissed much of the constitutional challenge, while allowing other parts of the case to move forward.However, those constitutional questions are now on appeal and the EFF recently filed its opening brief. It's worth reading.

We talk a lot about free speech in different countries, and about the history of free speech in the US — but what about the global history of this fundamental concept? A new book released today, Free Speech: A History from Socrates to Social Media by Jacob Mchangama, tackles exactly this subject in great and insightful detail. This week, Jacob joins us on the podcast to discuss the sweeping story of free speech throughout the ages and around the world.Follow the Techdirt Podcast on Soundcloud, subscribe via Apple Podcasts, or grab the RSS feed. You can also keep up with all the latest episodes right here on Techdirt.

While Google's Stadia game streaming service arrived with a lot of promise, it generally landed with a disappointing thud. A limited catalog, deployment issues, and a quality that couldn't match current gen game consoles meant the service just never saw the kind of traction Google (or a lot of other people) originally envisioned. In the years since, developers have been consistently abandoning the platform, and Google has consistently sidelined the service, even shutting down its own development efforts as a parade of executives headed for the exists.Now, Google is basically just selling the technology off to other companies eager to give video game streaming a go and succeed where Google couldn't.In the last few months, Google executives have apparently been working on a plan to salvage some aspect of the project by selling Google Stadia tech to companies like Bungie and Peleton. In short, these companies will license the Google tech (now creatively named "Google Stream") for use in their own game streaming services called something entirely different. Google's first party Google Stadia service still exists for now, but it has been "deprioritized" within the company on the way to an inevitable, untimely death:

The UK's internet censorship bill rebranded from "Online Harms" to "Online Safety" last spring. The name change did nothing to limit the breadth of the bill, despite supposedly shifting the focus from "harm" to "safety." Whatever the name, it's still being touted by supporters as a fix for anything anyone doesn't like about the internet.Speech will be policed. Lots of it. Everyone from megalithic Meta to the person running a niche message board will be subject to the new rules, which shifts liability from the posters of unwanted or illegal content to the third parties hosting it.In order to find and remove content found on the ever-lengthening list of "bad" content (which, let's highlight again, includes legal content), platforms and services will have to perform more internal policing of content. This means that, in many cases, encryption for content and communications will no longer be a viable option. To comply with the law -- one that carries potential fines of up to 10% of a company's global revenues -- providers will have to remove end-to-end encryption so they can monitor communications between users.The UK government isn't honest enough to call for the end of encryption. But it's willing to let attrition do its dirty work for it. The anti-encryption agitating continues, despite the UK government's Information Commissioner's Office telling the rest of the government that weakening or eliminating encryption will harm more children than it saves.The bill marches forward, gathering even more speech-harming detritus. As CNBC reports, another round of UK government inquiries has resulted in the proposed law being made even worse.

Easily get the feedback you need. Get started quickly using one of SurveyRock's many predefined templates (customer satisfaction, employee feedback, college course reviews, etc.) or if you already know what you want to say, just start adding questions. Choose from numerous question types and survey themes that fit your needs. You can distribute surveys through URL, Facebook, Twitter, QR code or embedded HTML. Once you have your results, you can export your survey data to spreadsheet (.xls, .csv) or SPSS (.sav) for further analysis. SurveyRock Premium Plan is on sale for $50.Note: The Techdirt Deals Store is powered and curated by StackCommerce. A portion of all sales from Techdirt Deals helps support Techdirt. The products featured do not reflect endorsements by our editorial team.

At the same time car companies are fighting the right to repair movement (and the state and federal legislation popping up everywhere), they're continuing the quest to turn everyday features -- like heated seats -- into something users have to pay a recurring fee for.In 2019, BMW had to abandon a plan to charge $80 per year for Apple CarPlay. The company, having learned nothing, began floating the idea of charging a subscription for features back in 2020, when it proposed making heated seats and heated steering wheels something you pay a permanent monthly fee for. Last December, Toyota proposed imposing a monthly fee for customers who wanted to be able to remotely start their vehicles.Each and every time these proposals come forward the consumer response is swift and overwhelmingly negative. But with $20 billion in annual additional potential revenue on the table between now and 2030, the industry seems poised to ignore consumers:

More troubling developments for both NSO Group and the country it calls home.Less than a month ago, both entities found themselves in midst of another turbulent news cycle, thanks to reporting from Calcalist that showed Israel police were using NSO spyware to engage in domestic surveillance. Worse, the people targeted weren't just dangerous criminals or suspected terrorists.Instead, like everywhere else NSO malware has been abused, Israeli police forces targeted activists protesting then-Prime Minister Benjamin Netanyahu's CVOID restrictions, as well as mayors of Israeli cities. Also included on the list of hacking targets were former government employees and "a person close" to a senior politician. In some cases, the police used the malware to phish for information from targets' phones, all without any reasonable suspicion these targets may have committed criminal acts.On top of all that, the police deployed the malware without direct or judicial oversight. Utilizing a loophole in the law, investigators avoided seeking court authorization for these hacking attempts.There's more of that being discovered. The Israeli government is conducting its own investigation of NSO and the use of its spyware. That has resulted in the discovery of more questionable hacking.

We've been talking a bit about industry consolidation through mergers and acquisitions (M&As) in the video game industry as of late. The impetus for that discussion has been a series of high-profile acquisitions for several notable companies, namely Microsoft and Sony. Microsoft acquired Zenimax for $7 billion and Activision Blizzard King for a bonkers $69 billion recently, while Sony jumped into the game by acquiring Bungie for $3.6 billion. Of interest for these pages is the different approaches these companies have taken with these acquisitions. Microsoft hemmed and hawed about whether it would start building Microsoft exclusivity for products from its acquisitions, eventually landing on very much embracing exclusivity, while Sony took a much more hands-off approach and stated plainly that Bungie games would still be cross-platform. For those of us interested in digital and technology economies and business models, this is interesting stuff.But there is a name missing here. The traditional "Big 3" in gaming has long been Microsoft, Sony, and Nintendo. Well, if you like real-world experiments when it comes to business strategies, this looks like it's going to get even more fascinating, as Nintendo is making noises about going an entirely different route.

Throughout the Trump administration, a lot of folks had absolutely no problem with the mindless rubber-stamps appointed to key regulatory positions. Ajit Pai, for example, couldn't have demonstrated regulatory capture any more clearly, rubber-stamping every idiotic whim of telecom monopolies at every conceivable opportunity (often with the help of fabricated data and fraud). Revolving door regulation and unqualified industry lackey appointments hit a fevered pitch not seen at any point in U.S. history, and at every step a long list of organizations and individuals made it abundantly clear they were fine with all of it.Fast forward to Biden's efforts to replace some of these folks, and a lot of these same organizations and individuals that turned a blind eye to the worst aspects of Trumpism are now fanning their face about perceived conflicts of interest, "partisan politics," and all manner of hypocritical injustices.See the intentionally gridlocked nomination of new FCC Commissioner Gigi Sohn, for example. Sohn is popular across both sides of the aisle and, whatever you think of her positions and politics, highly competent. Yet her nomination has been stuck in congressional purgatory for months thanks to completely false claims ranging from she wants to "censor conservatives," to laughable claims from revolving door cable lobbyists that her history as an expert on consumer advocacy means she can't regulate telecom fairly. All coming from industry folks who don't actually believe anything they're saying.The same gamesmanship is also imperiling the nomination of Alvaro Bedoya to the FTC. Bedoya is a professor and founding Director of Georgetown Law’s Center on Privacy & Technology and is widely respected. Whatever one thinks of Bedoya's politics and positions, there's no real doubt that he's competent and qualified for the role. But companies that don't really want competent, objective regulators have been working overtime to smear Bedoya in the same way they're working to smear Sohn. Usually through proxy groups and think tanks they funnel money, and then flimsy arguments, to.For example the "American Consumer Institute Center for Citizen Research" is not really a consumer group. It's one of countless 501(c)(3) nonprofits corporations covertly fund, and use to create the illusion of broad support (or opposition) for/to things big companies want. For example the American Consumer Institute was paid by telecom to scuttle FCC oversight of telecom monopolies, yet pretended to just be an objective organization giving an honest, objective opinion.The group is also popping up in the attacks against Bedoya, attempting to frame him as some kind of radical. Usually, because he's (gasp) levied accurate criticisms at the actually radical modern Trump GOP:

The European Union's data privacy law, the GDPR (General Data Protection Regulation), has caused all sorts of problems since its debut. Its debut was itself a mess, something that immediately resulted in a whole lot of websites simply refusing to allow European users to connect with them.Since it was unclear how to avoid running afoul of the law, it was easier to avoid potential fines by simply cutting European users out of the equation. For everyone else, it was being greeted with a new warning about cookies at nearly every website they visited -- a small hassle to be sure, but a hassle nonetheless.Then there were the truly unexpected consequences of the new law that imposed data-gathering and data-sharing restrictions on any business, whether they were internet-based or not. In some areas, GDPR was read as requiring retailers to notify purchasers of items when the items were returned -- something that would make the exchange of unwanted Christmas gifts extremely awkward.In another weird case, post offices in Ireland removed waste bins from their facilities because customers were throwing out unwanted mail and receipts, resulting the offices' unintentional collection of personal data. When the waste bins went missing, customers resorted to throwing their trash on post office counters and floors, leaving it even more unregulated than it was when the waste bins were still in place.Yet another side effect no one saw coming: the use of Google's Font API was enough to get a website fined by a German court. (via Slashdot)

Last month, we wrote about how the IRS and other federal agencies were starting to require the use of private facial recognition from a somewhat sketchy private company, for people to access their own government's services. The main company in question, ID.me, had made some... questionable decisions that raised serious questions about why the government was forcing people to make use of such a private service.Earlier this morning, Senator Ron Wyden sent a letter to the Treasury Department calling on them to drop the facial recognition requirement, and within hours the Treasury Department told Wyden it would be "moving away" from that plan, and then the IRS put up a more official statement:

Over a decade ago, we wrote about how Google had to edit out the Australian Aboriginal flag from a logo because of copyright concerns. An 11-year-old girl had won a contest to design a Google logo for Australia Day, and her logo included a simple drawing of the popular Aboriginal flag. Harold Thomas created a (fairly simple) flag design "as a symbol of unity and national identity" for the Aboriginal people in Australia. The flag became quite popular... and then Thomas basically became a copyright landlord, demanding payment for pretty much any usage.In 2019, Thomas did a big licensing deal with a clothing company and proceeded to send out a bunch of cease-and-desist letters to others. It got so bad that the Australian Senate sought to have the government figure out a way to make sure the public could use the flag.Apparently it took over two years, but the "deal" has been worked out -- and it involves the Australian government paying over $20 million to basically buy out the copyright and the former licensing deals, but that still doesn't mean the flag is truly in the public domain:

The Z2 headphones earned their name because they feature twice the sound, twice the battery life, and twice the convenience of competing headphones. This updated version of the original Z2s comes with a new all-black design and Bluetooth 5.0. Packed with TREBLAB's most advanced Sound2.0 technology with aptX and T-Quiet active noise-cancellation, these headphones deliver goose bump-inducing audio while drowning out unwanted background noise. These headphones are on sale for $79.Note: The Techdirt Deals Store is powered and curated by StackCommerce. A portion of all sales from Techdirt Deals helps support Techdirt. The products featured do not reflect endorsements by our editorial team.

This case -- sent to us by Eric Goldman -- touches on a lot of subject matter covered frequently at Techdirt: dead dogs, police officers, the First Amendment, and qualified immunity. Yet the narrative isn't quite what's expected given the elements. And the court's conclusions, while disappointing, are likely the correct application of the law.Here's the background to the case, as recounted in the federal court decision [PDF]:

In late 2020, Massachusetts lawmakers (with overwhelming public support) passed an expansion of the state's "right to repair" law. The original law was the first in the nation to be passed in 2013. The update dramatically improved it, requiring that, as of this year, all new telematics-equipped vehicles be accessible via a standardized, transparent platform that allows owners and third-party repair shops to access vehicle data via a mobile device. The goal: reduce repair monopolies, and make it cheaper and easier to get your vehicle repaired.Of course major auto manufacturers didn't like this, so they set about trying to demonize the law with false claims and a $26 million ad campaign, including one ad falsely claiming the expansion would only really help sexual predators. Once the law passed (again, with the overwhelming support of voters) automakers sued to stop it, which has delayed its implementation. Simultaneously, they're pushing legislation that would delay the bill's launch date until 2025, giving them more time to kill it.In the interim, companies like Kia and Subaru have started disabling useful features (like remote start), and blaming the law:

This week, our first place winner on the insightful side is an anonymous response to FCC-boss-turned-cable-lobbyist Mike Powell and his comments about how Gigi Sohn should be recused because of her consumer protection work:

Five Years AgoThis week in 2017, the six-strike copyright "voluntary agreement" officially died. Another prominent death was Denuvo DRM for Reisdent Evil 7, which was cracked in five days, which the company hoped was better than nothing. In a more worrying DRM development, the eventually-successful push to codify EME DRM in the HTML5 standard lurched forward. Meanwhile, Congress appeared to be preparing to gut net neutrality and AT&T was downright giddy about Ajit Pai, while we took a moment for a deeper look at the horrors of a Trump presidency.Ten Years AgoThis week in 2012, in the aftermath of the SOPA protests, it was time for reflection on what happened and attempts to channel the energy into other issues — unless of course you were a SOPA supporter, in which case it was time for misleading op-eds and general whining. Protests against ACTA were spreading and starting to get big results, while Hollywood was partying with TPP negotiators. Megaupload users were planning to sue over the shutdown of the site, while ICE seized 300 more sites, mostly to protect the Super Bowl.Fifteen Years AgoThis week in 2007, Sony BMG admitted that its rootkit violated federal law and agreed to pay to fix damaged computers, Google issued a non-apology over its decision to censor results in China, and YouTube started talking about revenue sharing plans (while Viacom was pulling over 100,000 clips from the site). We looked at the deeper implications of Google's book scanning fight, and the emerging norm of judges citing Wikipedia. Also, this was the week of the (in)famous Adult Swim marketing stunt that shut down the city of Boston due to massive paranoid overreaction.

There's apparently nothing the New York Police Department won't lie about. When it comes to being overseen, the NYPD seems to feel it has no obligation to provide data, answer questions honestly, or cooperate with any accountability efforts.And the NYPD has made it clear it doesn't believe city laws (or even its own internal policies) should apply to it. Multiple legal rulings over the past several years have ordered the NYPD to staff administrative positions with civilian employees, rather than (much more costly) uniformed officers. This is part of being a good public servant -- one that seeks ways to reduce the cost of services provided to the public.It just makes sense. Officers who are out on the street should receive higher salaries that reflect the dangers they face as they perform their duties. If they're just running a desk, the pay should be lower. The fewer higher-paid cops staffing desk jobs, the more money available to hire uniformed officers to work the streets.But the NYPD doesn't want to do that. And since it hasn't, it has had to find ways to cover up its decision to ignore city policies and court orders.

Congress is trying to overload anyone who supports an open internet with terrible bill after terrible bill. Last week, they brought out the "COMPETES Act" (renamed from Endless Frontiers which had already been renamed as "USICA" and then became COMPETES). The underlying concept of the bill actually is important -- reviving American innovation. The Senate version of the bill was mostly good and had broad bipartisan support. However, for reasons I don't understand, Nancy Pelosi allowed the bill to be loaded up with a bunch of items on the Democrats' wish list, including the ridiculously dangerous SHOP SAFE Act.This week, of course, we've been stuck dealing with the reintroduction of the also terrible EARN IT Act in the Senate, and while all of the open internet activists were gearing up to fight that, the House went ahead and voted to approve the COMPETES Act with no changes. It was an almost strict party-line vote, ending up at 222 for and 210 against. One Democrat -- Rep. Stephanie Murphy -- voted against it, and one Republican -- Rep. Adam Kinzinger (who technically is still a Republican) voted for it.This all seems so incredibly counterproductive by Pelosi and the Democrats. I know they want a "win" and when there's a bill that will move they feel they need to hang all sorts of gifts on it, but following the Senate's lead and coming up with a more reasonable bill that wasn't stuff full of bad ideas would have presented this as an actually interesting and useful bill, rather than turning it into a partisan thing. Politics is where policy goes to die. And, unfortunately, it may take parts of the open internet with it.That said, the Senate version does not have the nonsense and dangerous SHOP SAFE bill attached, and the hope is that during the conference process where the House and Senate try to square up the different bills, SHOP SAFE will get left on the cutting room floor, where it belongs.

Chile is in the middle of creating a new constitution -- a process that seems fraught with both huge potential and tremendous risks, especially trying to do it amidst domestic social upheaval (though, I guess that's when most constitutions tend to be written). A process is in place and 155 people are apparently been tasked with creating this new constitution. Apparently, part of the process is open to an element of crowdsourcing, in that people can submit and vote on certain proposals, meaning that a set of three proposals regarding the internet have been put forth:

The First Amendment applies to school students. This is something courts seem to have particular difficulty drilling into the heads of school officials and administrators. Yes, their rights are somewhat limited due to their age and/or time and place restrictions, but they are closer to "fully respected" than "nonexistent" -- the latter of which appears to be the default assumption for far too many educational entities.Schools hope allegations of "disruption" will salvage their rights violations. But in far too many cases, the asserted disruption was localized solely in the minds of the rights violators, resulting in them having to continue facing lawsuits over their actions, rather than having complaints against them judiciously wished away into the qualified immunity cornfield.Such is the case here in legal action involving a college and its violation of a student's rights. (via Volokh Conspiracy) In this case, a student, who dropped a class because she was unhappy with her instructor, was subjected to discipline solely because she (very quietly) made her unhappiness with this professor known.The plaintiff, Rowan Thompson, has an eye condition that makes her sensitive to light. In one class, taught by Dr. Megan Lazorski, avoiding aggravating this condition meant sitting in one of the first three rows. For the most part, Thompson was able to use this option. But in two instances, when she arrived late, seats up front were no longer available. Thompson chose to sit on the floor, which apparently irritated her instructor. In the second instance -- with no other usable seats available -- Dr. Lazorski gave Thompson this option: sit in an available seat or leave the class. Thompson left. Then she dropped the class.She also sought mediation of her dispute over seating. The mediators asked her to submit a review of Dr. Lazorski, utilizing an online form for evaluations and class ratings. Thompson discovered she could no longer do this through the college website's portal since she was no longer listed as a student of Lazorki's.Because the only option the mediator provided wasn't available to her, Thompson emailed her fellow students, asking them to submit their own reviews of Lazorski's class. This is taken from the Tenth Circuit Appeals Court decision [PDF]:

The Complete Award-Winning Luminar AI Bundle comes with the photo editing software, 3 template packs, and a photography ecourse. Luminar AI is an intelligent photo editor with an intuitive workflow and one-click solutions for complex tasks. With more than 100 tools powered by artificial intelligence, Luminar AI helps you make complex edits fast. Retouch portraits and create captivating magazine quality landscapes without spending hours and lots of effort. The templates included are landscapes, travel, and black and white photos. The photography ecourse will help you learn how to plan a photoshoot, and give you an introduction on editing in Luminar. The bundle is on sale for $40.Note: The Techdirt Deals Store is powered and curated by StackCommerce. A portion of all sales from Techdirt Deals helps support Techdirt. The products featured do not reflect endorsements by our editorial team.

I've already explained the dangers of the EARN IT Act, which is supported by 19 Senators, who are misleading people with a "fact" sheet that is mostly full of myths. As Senator Wyden has explained, EARN IT will undoubtedly make the problem of child sexual abuse material (CSAM) worse, not better.In my initial posts, I compared it to FOSTA, because EARN IT repeats the basics of the FOSTA playbook. But -- and this is very important since EARN IT appears to have significant momentum in Congress -- it's not just FOSTA 2.0, it's significantly more dangerous in multiple different ways that haven't necessarily been highlighted in most discussions of the law.First, let's look at why FOSTA was already so problematic -- and why many in Congress have raised concerns about the damage done by FOSTA or called for the outright repeal of FOSTA. FOSTA "worked" by creating a carveout from Section 230 for anything related to "sex trafficking." As we've explained repeatedly, the false premise of the bill is that if Section 230 "doesn't protect" certain types of content, that will magically force companies to "stop" the underlying activity.Except, that's wrong. What Section 230 does is provide immunity not just for the hosting of content, but for the decisions a company takes to deal with that content. By increasing the liability, you actually disincentivize websites from taking action against such content, because any action to deal with "sex trafficking" content on your platform can be turned around and used against you in court to show you had "knowledge" that your site was used for trafficking. The end result, then, is that many sites either shut down entirely or just put blanket bans on perfectly legal activity to avoid having to carefully review anything.And, as we've seen, the impact of FOSTA was putting women in very real danger, especially sex workers. Whereas in the past they were able to take control of their own business via websites, FOSTA made that untenable and risky for the websites. This actually increased the amount of sex trafficking, because it opened up more opportunity for traffickers to step in and provide the services that sex workers had formerly used websites for to control their own lives. This put them at much greater risk of abuse and death. And, as some experts have highlighted, these were not unintended consequences. They were consequences that were widely known and expected from the bill.On top of that, even though the DOJ warned Congress before the law was passed that it would make it more difficult to catch sex traffickers, Congress passed it anyway and patted each other on the back, claiming that they had successfully "fought sex trafficking." Except, since then, every single report has said the opposite is true. Multiple police departments have explained that since FOSTA it has made it harder for law enforcement to track down sex traffickers, even as it's made it easier for traffickers to operate.Last year, the (required, but delivered late) analysis of FOSTA by the Government Accountability Office, found that the law made it more difficult to track down sex traffickers and did not seem to enable the DOJ to do anything it couldn't (but didn't!) do before. The DOJ just didn't seem to need this law that Congress insisted it needed, and basically has not used it. Instead, what FOSTA has enabled in court is not an end to sex trafficking, but ambulance chasing lawyers suing companies over nonsense -- companies like Salesforce and MailChimp, who are not engaging in sex trafficking, have had to fight FOSTA cases in court.So, FOSTA is already a complete disaster by almost any measure. It has put women at risk. It has helped sex traffickers. It has made the job of law enforcement more difficult in trying to find and apprehend sex traffickers.Already you should be wondering why anyone in Congress would be looking to repeat that mess all over again.But, instead of just repeating it, they're making it significantly worse. EARN IT has a few slight differences from FOSTA, each of which make the law much more dangerous. And, incredibly, it's doing this without being able to point to a single case in which Section 230 got in the way of prosecution of CSAM.The state law land mine:Section 230 already exempts federal criminal law violations. With FOSTA there was a push to also exempt state criminal law. This has been a pointed desire of state Attorneys General going back at least a decade and in some cases further (notably: when EARN IT lead sponsor Richard Blumenthal was Attorney General of Connecticut he was among the AGs who asked for Section 230 to exempt state criminal law).Some people argue that since federal criminal law is already exempt, what would be the big deal with state law exemptions -- which only highlights who is ignorant of the nature of state criminal laws. Let's just say that states have a habit of passing some incredibly ridiculous laws -- and those laws can be impossible to parse (and can even be contradictory). As you may have noticed, many states have become less laboratories of democracy and much more the testing ground for totalitarianism.Making internet companies potentially criminally liable based on a patchwork of 50+ state laws opens them up to all sorts of incredible mischief, especially when you're dealing with state AGs whose incentives are, well, suspect.CDT has detailed examples of conflicting state laws and how they would make it nearly impossible to comply:

Welcome back to Brookside, Alabama, home of the surprisingly expensive traffic ticket. Home to one (1) Dollar General, nine (9) police officers, two (2) drug dogs (one named "K9 Cash" just in case you had any doubts about the PD's intentions), and one (1) Lt. Governor-ordered state audit. Brookside (pop. 1,253) made national headlines for soaking every passing driver officers could find with excessive fines, fees, vehicle seizures, and inconvenient court dates.AL.com's investigation showed that under Police Chief Mike Jones (who was hired in 2018), the small town has seen an increase in traffic fines, topping $600,000 in 2020. The department's overachievers patrolled over 114,000 miles in a single year and issued more than 3,000 citations to passing drivers. Chief Mike Jones still had room to complain, despite his department's funding escalating from $79,000 to $524,000 since he took office. The $600,000 fine figure may have seemed abhorrent to anyone outside the suddenly flush Brookside, but Chief Jones said there was room to improve.The new chief's directives had an immediate effect on officers, who took to the (very few) streets in unmarked cars while wearing unmarked uniforms. The resulting influx of traffic citation defendants pulled officers from the remarkably un-dangerous streets of rural Brookside to perform traffic control for the dozens of out-of-towners driving into Brookside to attend once-a-month court sessions.The officers also decided the gloves were off and treated alleged moving violators accordingly. According to multiple accounts from Brookside victims, cops made up laws, fabricated charges, and used racist language to address drivers.As a result of this unexpected national coverage of Chief Mike Jones's Boss Hoggish practices and policies, Chief Jones resigned his position, leaving it to the Brookside metroplex to decide what to do with all the extra cops it had decided to employ while Chief Jones was making it profitable to be a government employee.Former Chief Jones may be able to duck under the national press radar, but local scrutiny continues, thanks to AL.com. The testimonials continue to pour in, showing Jones and his employees did pretty much everything but shoot someone on Fifth Avenue before being forced to act like real police in the face of the criticism of millions.Drivers who have had the displeasure of interacting with the Brookside PD aren't happy. And their complaints have made their way to social media services. Apparently, a couple hundred feet of interstate traffic isn't the only thing the Brookside PD has been policing. Officers have been monitoring the internet airwaves to silence complaints and ensure the continued flow of excessive fines and fees.

I guess this is nearly an annual thing now. In 2019, we talked about how one YouTuber, GilvaSunner, had over one hundred YouTube videos blocked by Nintendo over copyright claims. GilvaSunner's channel is dedicated to video game music, mostly from Nintendo games. Those videos consist of nothing but that music, as in no footage of video game gameplay. Nintendo, which certainly can take this sort of action from an IP standpoint, also doesn't offer any legit alternative for fans to enjoy this music on any streaming service or the like. Then, in 2020, GilvaSunner had another whole swath of videos consisting of game music blocked by Nintendo over copyright claims. Still no legit alternative for those looking to enjoy music from Nintendo's celebrated catalogue of games.Well, if Nintendo decided to take 2021 off from this annual project, it certainly has more than made up for it by sending copyright strikes to GilvaSunner's channel at a volume of over 1,300 in one day.

Cops lie. It's just something they do.It's something all people do. We just expect cops to do less of it because they're entrusted with enforcing laws, which suggests their level of integrity should be higher than that of the policed. Unfortunately, the opposite often tends to be the case.There are many reasons cops lie. All of them are self-centered. They lie to cover up misconduct, salvage illegal searches, deny deployment of excessive force, and ensure narratives are preserved when challenged in court.They also lie to obtain confessions from criminal suspects. There is nothing illegal about this act. Whether or not it crosses constitutional lines tends to come down to the judgment of the judges handling civil rights lawsuits. There's no hard and fast rule as to which lies are unconstitutional so cops do a lot of lying when trying to fit someone for a criminal charge.Up until recently, it was okay for the Virginia Beach Police Department to use a particularly nefarious form of lying when trying to coax confessions from criminal suspects. While cops will routinely claim evidence and statements point to the person as the prime suspect, very rarely do they actually show this fake evidence to people being interrogated. Not so in Virginia Beach, where fake documents were just part of investigators' toolkits.

It's been almost exactly a year since Florida Man Governor, Ron DeSantis announced plans to try to pass a law that would ban social media websites from taking down misinformation, abuse, and other types of speech. When the final bill came out, at the very last minute, Florida Rep. Blaise Ingoglia tried to sneak in an amendment that carved out Disney, by saying the law didn't apply to any company that owned a theme park. This took other legislators by surprise, as indicated in this somewhat incredible video of Florida Reps. Anna Eskamani and Andrew Learned confronting Ingoglia over this amendment and what it meant:In that video, Ingoglia flat out admits that the goal was to try to carve Disney+ out of the definition of a "social media provider." He says they looked at other possible language changes and adding the "theme park" exemption was just the easiest way to exclude Disney. Of course, that never made any sense. In the video he says, repeatedly, that this is to protect "reviews" on Disney+, which is weird because Disney+ doesn't have reviews. He also tries to make weird distinctions between Disney and Netflix which suggests a really confused understanding of Section 230 and how it interacts with first party and third party content. Amusingly, Eskamani points out at one point that Disney owns other websites -- like ESPN.com -- and asks if they, too, would be exempted from the bill, and Ingoglia responds in the most inane way possible: "as long as they follow their policies, everything should be fine." Which... makes no sense and didn't answer the question.Either way, the bill has since (rightly) been declared unconstitutional (though Florida is appealing), and the issue of the theme park exemption was mostly a sideshow in the ruling.However, it still left many people scratching their heads as to how that came about -- including intrepid reporter Jason Garcia, who filed some freedom of information requests with the Governor's office to see if he could find out the backstory behind the Disney theme park exemption... and, let me tell you, he hit pay dirt. The emails reveal quite a lot. And, as Garcia notes:

Earlier this week we wrote about the problematic reintroduction of the EARN IT Act and explained how it will make children a lot less safe -- exactly the opposite of what its backers claim. Senator Ron Wyden has now put out a statement that succinctly explains the problems of EARN IT, and exactly how it will do incredible harm to the very children it pretends to protect:

I really wasn't going to write anything about the latest Spotify/Joe Rogan/Neil Young thing. We've posted older case studies about content moderation questions regarding Rogan and Spotify and we should have an upcoming guest post exploring one angle of the Rogan/Young debate that is being worked on.However, because it's now come up a few times, I did want to address one point and do a little explainer post: Spotify's decisions about Rogan (and Young and others) has absolutely nothing to do with Section 230. At all.Now, we can blame Spotify a bit for people thinking it does, because (for reasons I do not understand, and for which both its lawyers and its PR people should be replaced), Spotify has tried to make this about "content moderation." Hours after Spotify's internal "content policy" leaked, the company put out a blog post officially releasing the policy... that had already leaked.And, when you're talking about "content policy" it feels like the same old debates we've had about content moderation and trust and safety and "user generated content" websites and whatnot. But the decision to keep Rogan on the platform has nothing, whatsoever, to do with Section 230. The only issue for Section 230 here is if Rogan did something that created an underlying cause of action -- such as defamation -- then, there might be a Section 230 issue if the defamed individual chose to sue Spotify. Spotify could then use Section 230 to get dismissed from the lawsuit, though the plaintiff could still sue Rogan. (If you want an analogous case, years back, AOL was sued over something Matt Drudge wrote -- after AOL had licensed the Drudge Report in order to distribute it to AOL users -- and the court said that Section 230 protected AOL from a lawsuit -- thought not Drudge himself).The thing is, no one (that I can find at least) is alleging any actual underlying cause of action against Rogan here. They're just arguing that somehow Section 230 is to blame for Spotify's decision to keep Rogan on their platform.But the question of Spotify's decision to keep Rogan or not has nothing to do with Section 230 at all. Spotify has every right to decide whether or not to keep Rogan in the same manner that a book publisher gets to decide whether or not they'll publish a book by someone. And that right is protected by the 1st Amendment. If someone sued Spotify for "hosting Joe Rogan," Spotify would win easily, not using Section 230, but for failure to state any actual claim, backed up by the 1st Amendment right of Spotify to work with whatever content providers they want (and not work with ones they don't).Unfortunately, Spotify's founder Daniel Ek made matters even dumber yesterday by pulling out the mythical and entirely non-existent "platform/publisher" divide:

Looking for a great dash cam that records well in low light? Check out the GoSafe S780. With its revolutionary Sony Starvis sensor, the S780 delivers remarkable performance in those tricky dusk driving situations. Plus, thanks to its dual-channel system, you can record both the front and rear of your vehicle at the same time. It's on sale for $200.Note: The Techdirt Deals Store is powered and curated by StackCommerce. A portion of all sales from Techdirt Deals helps support Techdirt. The products featured do not reflect endorsements by our editorial team.

Over the last few months, I've been asking a general question which I don't know the answer to, but which I think needs a lot more research. It gets back to the issue of how much of the "bad" that many people seem to insist is caused by social media (and Facebook in particular) is caused by social media, and how much of it is just shining a light on what was always there. I've suggested that it would be useful to have a more nuanced account of this, because it's become all too common for people to insist that anything bad they see talked about on social media was magically caused by social media (oddly, traditional media, including cable news, rarely gets this kind of treatment). The reality, of course, is likely that there are a mix of things happening, and they're not easily teased apart, unfortunately. So, what I'd like to see is some more nuanced accounting of how much of the "bad stuff" we see online is (1) just social media reflecting back things bad things that have always been there, but which we were less aware of as opposed to (2) enabled by social media connecting and amplifying people spreading the bad stuff. On top of that, I think we should similarly be comparing how social media also has connected tons of people for good purposes as well -- and see how much of that happens as compared to the bad.I'm not holding my breath for anyone to actually produce this research, but I did find a recent Charlie Warzel piece very interesting, and worth reading, in which he suggests (with some interesting citations), that social media disproportionately encourages the miserable to connect with each other and egg each other on. It's a very nuanced piece that does a good job highlighting the very competing incentives happening, and notes that part of the reason there's so much garbage online is that there's tremendous demand for it:

For years we've noted how broadband providers impose all manner of bullshit fees on your bill to drive up the cost of service post sale. They've also historically had a hard time being transparent about what kind of broadband connection you're buying. As was evident back when Comcast thought it would be a good idea to throttle all upstream BitTorrent traffic (without telling anybody), or AT&T decided to cap and throttle the usage of its "unlimited" wireless users (without telling anybody), or Verizon decided to modify user packets to track its customers around the internet (without telling anybody).Maybe you see where I'm going with this.Back in 2016 the FCC eyed the voluntary requirement that broadband providers be required to provide a sort of "nutrition label" for broadband. The idea was that this label would clearly disclose speeds, throttling, limitation, sneaky fees, and all the stuff big predatory ISPs like to bury in their fine print (if they disclose it at all). This was the example image the FCC circulated at the time:While the idea was scuttled by the Trump administration, Congress demanded the FCC revisit it as part of the recent infrastructure bill. So the Rosenworcel FCC last week, as instructed by Congress, voted 4-0 to begin exploring new rules:

A couple of weeks back we asked the question: is the video game industry experiencing an age of hyper-consolidation? The answer to that increasingly looks to be "yes". That post was built off of a pair of Microsoft acquisitions of Zenimax for $7 billion and then a bonkers acquisition of Activision Blizzard King for roughly $69 billion. Whereas consolidations in industries are a somewhat regular thing, what caused my eyes to narrow was all of the confused communications coming out of Microsoft as to how the company would handle these properties when it came to exclusivity on Microsoft platforms. It all went from vague suggestions that the status quo would be the path forward to, eventually, the announcement that some (many?) titles would in fact be Microsoft exclusives.So, back to my saying that consolidation does seem to be the order of the day: Sony recently announced it had acquired game studio Bungie for $3.6 billion.

Israeli malware purveyor NSO Group may want to consider changing its company motto to "No News Is Good News." The problem is there's always more news.The latest report from Calcalist shows NSO is aiding and abetting domestic abuse. No, we're not talking about the king of Dubai deploying NSO's Pegasus spyware to keep tabs on his ex-wife and her lawyer. This is all about how the government of Israel uses NSO's phone hacking tools. And that use appears to be, in a word, extremely irresponsible.

Media and telecom giants have been desperately trying to stall the nomination of Gigi Sohn to the FCC. Both desperately want to keep the Biden FCC gridlocked at 2-2 Commissioners thanks to the rushed late 2020 Trump appointment of Nathan Simington to the Commission. Both industries most assuredly don't want the Biden FCC to do popular things like restore the FCC's consumer protection authority, net neutrality, or media consolidation rules. But because Sohn is so popular, they've had a hell of a time coming up with any criticisms that make any coherent sense.One desperate claim being spoon fed to GOP lawmakers is that Sohn wants to "censor conservatives," despite the opposite being true: Sohn has considerable support from conservatives for protecting speech and fostering competition and diversity in media (even if she disagrees with them). Another lobbying talking point being circulated is that because Sohn briefly served on the board of the now defunct Locast, she's somehow incapable of regulating things like retransmission disputes objectively. Despite the claim being a stretch, Sohn has agreed to recuse herself from such issues for the first three years of her term.Hoping to seize on the opportunity, former FCC boss turned top cable lobbyist Mike Powell is now trying to claim that because Sohn has experience working on consumer protection issues at both Public Knowledge and the FCC (she helped craft net neutrality rules under Tom Wheeler), she should also be recused from anything having to do with telecom companies. It's a dumb Hail Mary from a revolving door lobbyist whose only interest is in preventing competent oversight of clients like Comcast:

For decades here on Techdirt I've argued that competition is the biggest driver of innovation, and so I'm very interested in policies designed to drive more competition. Historically this has been antitrust policy, but over the past decade or so it feels like antitrust policy has become less and less about competition, and more and more about punishing companies that politicians dislike. We can debate whether or not consumer welfare is the right standard for antitrust -- I think there are people on both sides of that debate who make valid points -- but I have significant concerns about any antitrust policy that seems deliberately designed to make consumers worse off.That's why I'm really perplexed by the push recently to push through the “American Innovation and Choice Online Act” from Amy Klobuchar which, for the most part, doesn't seem to be about increasing competition, innovation, or choice. It seems almost entirely punitive in not just punishing the very small number of companies it targets, but rather everyone who uses those platforms.There's not much I agree with Michael Bloomberg about, but I think his recent opinion piece on the AICOA bill is exactly correct.

Way back in 2014, Oklahoma state senator (and former police officer) Al McAffrey had an idea: what if cops could issue traffic tickets electronically, without ever having to leave the safety and comfort of their patrol cars?The idea behind it was officer safety. This would keep officers from standing exposed on open roads and/or interacting face-to-face with a possibly dangerous driver. The public's safety was apparently low on the priority list, since this lack of interaction could permit impaired drivers to continue driving or allow actually dangerous people to drive away from a moving violation to do more dangerous things elsewhere.It also would allow law enforcement agencies to convert drivers to cash more efficiently by speeding up the process and limiting things that might slow down the revenue stream, like having actual conversations with drivers. On the more positive side, it would also have lowered the chance of a traffic stop turning deadly (either for the officer or the driver) by limiting personal interactions that might result in the deployment of excessive or deadly force. And it also would limit the number of pretextual stops by preventing officers from claiming to have smelled something illegal while conducting the stop.Up to now, this has only been speculative legislation. But it's becoming a reality, thanks to government contractor Trusted Driver. Run by former police officer Val Garcia, the program operates much like the TSA's Trusted Traveler program. Users create accounts and enter personal info and then receive traffic citations via text messages.The program is debuting in Texas, where drivers who opt in will start being texted by cops when they've violated the law.

The 2022 FullStack Web Developer Bundle has 11 courses to help you step up your game as a developer. You'll learn frontend and backend web technologies like HTML, CSS, JavaScript, MySQL, and PHP. You'll also learn how to use Git and GitHub, Vuex, Docker, Ramda, and more. The bundle is on sale for $30.Note: The Techdirt Deals Store is powered and curated by StackCommerce. A portion of all sales from Techdirt Deals helps support Techdirt. The products featured do not reflect endorsements by our editorial team.

Whatever the (I'd argue unfortunate) politics behind Stephen Breyer's decision to retire as a Supreme Court Justice at the conclusion of this term, it is notable around here for his views on copyright. Breyer has generally been seen as the one Justice on the court most open to the idea that overly aggressive copyright policy was dangerous and potentially unconstitutional. Perhaps ironically, given that they are often lumped together on the overly simplistic "left/right" spectrum -- Justices Breyer and Ginsburg -- presented somewhat opposite ends of the copyright spectrum. Ginsburg consistently was a voice in favor of expanding copyright law to extreme degrees, while Breyer seemed much more willing to recognize that the rights of users -- including fair use -- were extremely important.If you want to see that clearly, read Ginsburg's majority opinion in the Eldred case (on whether or not copyright term extension is constitutional) as compared to Breyer's dissent. To this day I believe that 21st century copyright law would have been so much more reasonable and so much more for the benefit of the public if Breyer had been able to convince others on the court to his views. As Breyer notes in his dissent, a copyright law that does not benefit the public should not be able to survive constitutional scrutiny:

Back in 2015, frustration at John Deere's draconian tractor DRM helped birth a grassroots tech movement dubbed "right to repair." The company's crackdown on "unauthorized repairs" turned countless ordinary citizens into technology policy activists, after DRM (and the company's EULA) prohibited the lion's share of repair or modification of tractors customers thought they owned. These restrictions only worked to drive up costs for owners, who faced either paying significantly more money for "authorized" repair (which for many owners involved hauling tractors hundreds of miles and shelling out thousands of additional dollars), or toying around with pirated firmware just to ensure the products they owned actually worked.Seven years later and this movement is only growing. This week Senator Jon Tester said he was introducing new legislation (full text here, pdf) that would require tractor and other agricultural hardware manufacturers to make manuals, spare parts, and and software access codes publicly available:

Hopefully, you will recall our discussion about one YouTuber, Totally Not Mark, suddenly getting flooded with 150 copyright claims on his YouTube channel all at once from Toei Animation. Mark's channel is essentially a series of videos that discuss, critique, and review anime. Toei Animation produces anime, including the popular Dragon Ball series. While notable YouTuber PewDiePie weighed in with some heavy criticism over how YouTube protects its community in general from copyright claims, the real problem here was one of location. Matt is in Ireland, while Toei Animation is based out of Japan. Japan has terrible copyright laws when it comes to anything resembling fair use, whereas Ireland is governed by fair dealing laws. In other words, Matt's use was just fine in Ireland, where he lives, but would not be permitted in Japan. Since YouTube is a global site, takedowns have traditionally been global.Well, Matt has updated the world to note that he was victorious in getting his videos restored and cleared, with a YouTube rep working directly with him on this.

Last night at midnight, we reached the end of Gaming Like It's 1926, our fourth annual public domain game jam celebrating the new works that entered the public domain this year. At final count, we got 31 entries representing a huge variety of different kinds of digital and analog games!For the next couple of weeks, we'll be digging into all the games and selecting the winners in our six categories — but there's no need to wait before playing! You can check out all the entries on itch.io:At first glance (and having poked around in a couple of the early entries) I can already tell it's going to be tough to narrow these down to just six winners — there are lots of games here that do fun and interesting things with public domain works. As in past years, once we've selected and announced the winners we'll discuss each one in detail in a podcast and a series of posts.Until then, a huge thanks to everyone who participated this year, and also to everyone who takes some time to play the games and give these designers the attention they deserve!