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A few years ago the Washington Post (and a bunch of other newspapers) fought and won a fairly important 1st Amendment lawsuit to strike down as unconstitutional a Maryland law that required news organizations to publicly post information about the political ads they chose to carry. The district court and then the appeals court found that the law was pretty clearly unconstitutional:

Most broadband providers saw a major uptick in both subscribers and revenue during the COVID crisis, as working and schooling at home exploded. But at the regional monopolies that dominate the U.S. telecom sector, revenue most assuredly didn't go to employees at most of these major companies. In fact, Gizmodo has a new report highlighting how cable giant Charter (whose broadband and TV services are sold under the Spectrum brand) doubled its revenues last year thanks to COVID, yet found a way to dramatically reduce pay for its field technicians:

This week, our first place winner on the insightful side is Upstream with a comment building on the assertion that some Minneapolis cops should have been fired:

Five Years AgoThis week in 2016, we learned more about the disturbing scope of the NSA's leaks of hacking tools, the IRS decided to demand information on Coinbase customers, and one federal judge was taking a closer look at "reputation management" libel lawsuits. Trump picked two net neutrality opponents to head the FCC transition, while cable's broadband monopoly was becoming stronger than ever and AT&T was singing the supposed benefits of zero rating. As expected, China was using America's concern about fake news to push for more control of the internet, and we we looked at the slippery slope caused by that and Facebook's efforts to comply with China's demands. Also, we saw an especially ridiculous hot news and copyright battle over chess moves.Ten Years AgoThis week in 2011, we took a look at how the rest of the world viewed SOPA, and how the bill wasn't actually about copyright but rather about regulating the internet. Even the copyright-happy BSA backed down from supporting the bill, apparently in large part because of Microsoft's cold feet (and they weren't the only strong copyright defenders who had issues with the bill). We applauded the senators who were willing to stand against PROTECT IP/PIPA (the Senate version of the bill) while Ron Wyden promised to read the names of public opponents as part of a filibuster if need be. We rounded out the week with a long, definitive post on how bad SOPA was.Fifteen Years AgoThis week in 2006, Universal Music decided to threaten Bank of America over a parody song, while EMI did the same thing over a parody lyric booklet created by some sports fans. Perhaps it's unsurprising that trying to play nice with labels like these was hamstringing Microsoft's Zune device too. Despite the hype around mobile video, the iPod was still primarily a music device for most people — though that didn't stop Steven Spielberg from worrying about people watching movies on iPod screens. An important ruling in California upheld Section 230's protections, though it did not (as some believed) make it impossible to sue bloggers. And the latest round of DMCA anti-circumvention exceptions was announced, with nothing much that benefited consumers.

Get your Non-Fungible T-Shirt and Right Click gear on Threadless »Just in time for the holiday season, we've got a pair of new designs in the Techdirt Gear store on Threadless — both inspired by the ongoing conversation around (and our own experiments with) NFTs:For those who want to celebrate and defend the ability to Right Click -> Save As, there's the I Right Click And I'm Proud design, which is available on t-shirts as well as hoodies, sweatshirts, face masks, stickers, mugs, and more. For those who want something that doesn't need the blockchain to be scarce and rivalrous, there's the Non-Fungible T-Shirt (which is available only as, well, a t-shirt).Visit the Techdirt Gear store on Threadless to get yours today! And if you're doing some holiday shopping, also check out these academic galaxy map posters from Open Syllabus Project.

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Get your poster from the Open Syllabus Print Shop »Open Syllabus is a very cool non-profit research organization, spun out of the American Assembly at Columbia University, that collects and analyzes millions of syllabi to better understand what materials are being used to educate people in classes around the world. It currently has a corpus of nine million English-language syllabi from 140 countries and has done a bunch of research based on this data. Most of these syllabi are collected by scouring the open web (though some are submitted directly), and the end result is a very handy Open Syllabus explorer that allows you to take deep dives into what's being taught in various subjects, at various schools and more. Want to know what are the top titles taught for computer science? Or Economics? Or Political Science? They've got the details and more.And, recently, Open Syllabus used a bunch of that data to make amazing, beautiful posters, taking the top 600 or so assigned titles in certain fields, and creating "galaxy maps" highlighting the clusters of works and how often certain works are assigned together with one another. They're educational and stunning to look at.We're now teaming up with Open Syllabus to sell these posters. Buying the posters helps supports both Techdirt and Open Syllabus -- and gets you an amazing looking poster for topics of your choosing from Political Science to Media and Communication to Sociology to Philosophy. There are a bunch more, so check them out, and order one for yourself... and maybe get another as a gift for someone in those academic fields.

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Almost exactly a year ago, Microsoft acquired Zenimax Media, a parent company for several video game publishers, including Bethesda. When that occurred, some sizable percentage of the gaming community asked the immediate and obvious question: does this mean games from Bethesda and others would be Microsoft exclusives? Xbox chief Phil Spencer was the first to weigh in on the question by giving a total non-answer.

Summary: Facebook’s challenges of dealing with content moderation around “nudity” have been covered many times, but part of the reason the discussion comes up so often is that there are so many scenarios to consider that it is difficult to create policies that cover them all.In March of 2016, activist Celeste Liddle gave the keynote address at the Queen Victoria Women’s Centre’s annual International Women’s Day address. The speech covered many aspects of the challenges facing aboriginal women in Australia, and mentions in passing at one point that Liddle’s Facebook account had been repeatedly suspended for posting images of topless aboriginal women that were shown in a trailer for a TV show.

Getting probable cause is easy, especially when you have accomplices. Law enforcement loves drug dogs, which give them the permission they need to engage in warrantless searches. All a dog has to do is "alert"... or almost "alert"... or be presented in sworn testimony as feeling ways about an odor. Permission obtained. Searches permitted.Another favorite method for securing permission for seizures, arrests, and searches without a warrant is the field drug test. The tests are cheap, which makes them a popular law enforcement tool. They're also notoriously inaccurate. That also makes them popular with law enforcement. Cops aren't interested in successful prosecutions. They're interested in arrests and warrantless searches. And these cheap tests -- which are often wrong about the presence of drugs -- are nearly as popular as drug dogs.Here's just a short (and very incomplete) list of the conclusions reached by cheap, unreliable field drug tests deployed by cops:

If you hadn't noticed, the United States isn't really prepared for climate change. In part because corporations and disinformation mills have convinced countless Americans a destabilizing climate isn't actually happening. But also because we were already perpetually underinvesting in our core infrastructure before the symptoms of an unstable climate began to manifest. It's a massive problem that, as John Oliver highlighted six years ago, doesn't get the same attention as other pressing issues of the day. You know, like the latest influencer drama or the mortal threat posed by TikTok.Infrastructure policy is treated as annoying and boring... until a crisis hits and suddenly everybody cares. As millions of Texans found out earlier this year when the state's energy infrastructure crumbled like a rotten old house under the weight of heating energy demands, leaving millions without power during a major cold snap. While the state engaged in a lot of performative nonsense in the wake of the breakdown, nothing much changed. Most of the state laws passed to "fix" the problem just punted any meaningful action down the road, while carving out big exemptions for natural gas companies that helped write the laws.Fast forward nine months and the natural gas companies that refused to upgrade and weather proof their infrastructure, still largely haven't done so. What have they done? Well, recently they decided to hit Texas natural gas customers with a major and obnoxious new $3.4 billion surcharge with the blessing of state regulators:

Paying for parking should be simple. A driver exchanges money for space and time. End of discussion.But it's never going to be that simple again. Not if tech companies like Metropolis Technologies can help it. Instead of paying for parking, drivers will be expected to allow the company to trail it all over the internet, across devices, and package up all this information and sell it to third parties.You shouldn't need an app to park a car. Metropolis believes you do. And that's causing some friction in Southern California, where cars are everywhere and parking is limited. A dust up between Trader Joe's customers and a nearby lot began with a shopper being accosted by a lot attendant and ended with the retailer making it very clear it had no desire to make its customers download an app just to park their cars.

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The House Oversight Committee recently launched an investigation into the giant consulting firm McKinsey, and its role in inflating drug prices as well as pushing opioids at every opportunity.

For literally 30 years telecom regulators have, with the occasional rare exception, rubber stamped a steady parade of mergers, resulting in a consolidated, less competitive overall market. The end result of these decisions are everywhere, from terrible customer service and high prices, to routine apathy to consumer privacy and spotty overall telecom coverage. And while regulators occasionally affix merger conditions designed to limit these harms, these conditions are usually either pathetic (often because they're volunteered by the companies themselves) or they're just not enforced in any meaningful capacity (outside of the rare and laughable fine).While there's a bit more awareness and opposition to mindless mergermania coming from the left, when it comes to regulators and politicians, this obsession with embracing mergers and consolidation is bipartisan. This week, the Biden FCC announced it would be greenlighting Verizon's $6 billion merger with Tracfone. Tracfone, currently owned by América Móvil, largely caters to low-income Americans. Consumer groups initially balked at the deal, arguing that Verizon's long history of nickel-and-diming made it likely the company would inevitably nickel-and-dime those financially precarious users as well.But Verizon, a company with a long history of not living up to merger promises, made some promises... and now the Biden FCC says it's approving the deal. Verizon has promised to try and keep prices the same for a while, make 5G devices available to these users, continue participation in the FCC's low-income Lifeline program for a while, and generally not be a predatory ass. All overseen by what the FCC calls "strong, independent, enforcement mechanisms":

Thanks to a trove of public records, the ACLU can provide some insight on how the California Highway Patrol engaged in surveillance of anti-police brutality protests. While one would expect police helicopters to fly over protests to keep an eye out for any illegal activity, it appears the officers manning the surveillance cameras were more interested in trying to identify protesters who weren't breaking any laws.Some lowlights of the aerial footage can be seen in this video produced by the ACLU:Here's how the ACLU describes what it observed in the recordings liberated from from the CHP:

A little while back, the Guardian covered the rising literary power of BookTok – short videos on TikTok devoted to the pleasures and pains of reading. As well as plenty of background information about the BookTok phenomenon, it has the following perceptive comment from Kat McKenna, a marketing and brand consultant specializing in children's and young adult books:

NSO Group can't get a break. Too bad. It really doesn't deserve one. The inability of the Israeli exploit purveyor to escape this endlessly negative news cycle is entirely its own fault. And each passing day seems to uncover something new and nasty about the tech company, which has built its business by seemingly selling to whoever wants to buy, no matter how morally repugnant.The company's malware has been deployed by a variety of repeat human rights offenders to target journalists, critics, dissidents, religious leaders, opposition parties, and the occasional heads of state of their allies. To its own critics, NSO has issued contradictions: it is not responsible for how its customers use its products and that it does everything it can to prevent misuse of its products. The contradiction is baked in: NSO says it pulls access for misuse while claiming it has no "visibility" into its customers' activities.It also says it does not sell its powerful malware to private entities. But the fine line between public and private entities is never finer than in the United Arab Emirates, where the allied rulers of the area are also private citizens -- kings and princes with access to a whole lot of wealth and a whole lot of power.A prince can claim to be a government official and still behave like a private citizen. Take Sheikh Mohammed bin Rashid al-Maktoum of Dubai. He's the king of Dubai. He's also in the middle of an extremely messy, somewhat public divorce from Princess Haya bint al-Hussein. His access to NSO's most popular phone exploit (Pegasus) allowed him to hack phones belonging to his ex, along with phones belonging to her legal reps.But he's not the only UAE figurehead with NSO contracts. Israeli news agency Haaretz reports NSO has sold to other kings and princes who control parts of UAE: men who have plenty of private business that could benefit from a bit of phone hackery using tools obtained under the auspices of Official Government Business.

Earlier this month Mike participated in a content series and virtual symposium on Lessons From The First Internet Ages, hosted by the Knight Foundation, alongside several important figures from the history of the internet. On this week's episode, the creators and curators of the event — John Sands, Mary Anne Franks, and Eric Goldman — to reflect on the writings and conversations from the event and the lessons to be learned.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.

Over the last month or so, you've probably heard a lot about the Facebook Files or the Facebook Papers, which are the documents shared by former Facebook employee and whistleblower Frances Haugen with the media, starting with the Wall Street Journal, and then a rather reluctant "consortium" of seventeen big name US-based news organizations. The reluctance was apparent in the name of the Slack group created for all of the reporters working on the project: "Apparently We're A Consortium Now."While I've been skeptical of some of the framing of the reporting on the papers, I still do generally believe it was a good thing to get this research out to the world -- even if I have little confidence that the media could ever do a good job conveying the story.As news of the consortium broke, many people called out the fact that all of these big journalism organizations weren't actually releasing the documents they were going through themselves, often only describing them or quoting parts of them. Given that in a few cases where we've been able to see the full documents, it has appeared that some of the reporting was misleading or confused, this was a concern. And, of course, there were other concerns about the makeup of the consortium, and the fact that it was entirely based in the US.That doesn't mean that it made sense to freely release all the documents to the public. There are plenty of reasonable concerns about privacy when you have a giant cache of internal documents. That's why it's a good thing to find out that Gizmodo has now taken on the task of making the Facebook Papers public, and doing so in partnership with a bunch of independent experts who will help Gizmodo's reporters sift through the documents and make sure that they're okay to be released:

Facial recognition systems are becoming an expected feature in airports. Often installed under the assumption that collecting the biometric data of millions of non-terrorist travelers will prevent more terrorism, the systems are just becoming another bullet point on the list of travel inconveniences.Rolled out by government agencies with minimal or no public input and deployed well ahead of privacy impact assessments, airports around the world are letting people know they can fly anywhere as long as they give up a bit of their freedom.What's not expected is that the millions of images gathered by hundreds of cameras will just be handed over to private tech companies by the government that collected them. That's what happened in South Korea, where facial images (mostly of foreign nationals) were bundled up and given to private parties without ever informing travelers this had happened (or, indeed, would be happening).

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I will admit that, until this morning, I had never heard of Ridley Scott's movie The Last Duel. It was released this fall in theaters only, which is a bold move while we're still dealing with a raging pandemic in which most people still don't want to go sit in a movie theater. And so, the box office results for the movie were somewhat weak. Indeed, it's now Scott's worst performing movie at the box office.The issue, as many pointed out, was that The Last Duel was targeted at older movie-goers. A historical period piece film about a duel in France? Not exactly a hit among the youth market, and older folks are still the most concerned about COVID (which makes sense, considering it's a lot more deadly the older you get).A few weeks ago, Scott admitted he was disappointed in the movie's performance at the box office, but compared it to Blade Runner, which also didn't immediately set the world on fire when it was released, and is now a classic.But, now, having thought about it some more, Scott has decided that it must be Facebook and the kids these days who are at fault for not wanting to see his two and a half hour period piece epic. Going on Marc Maron's WTF podcast, Scott insisted that he had no problems with the way the film was marketed, but ripped into "millennials" (who, um, aren't as young as he seems to think they are) and... Facebook. Because if we've learned anything these days, it's that no matter what goes wrong with your life and plans, you can always blame Facebook for those failures:

A few weeks back, both Verizon and AT&T announced they'd be pausing some aspects of their 5G deployments over FAA concerns that those deployments would create significant safety hazards. The problem: there's absolutely no evidence that those safety concerns are legitimate.The FAA and airline industry claim that use of the 3.7 to 3.98 GHz "C-Band" spectrum to deploy 5G wireless creates interference for avionics equipment (specifically radio altimeters). But the FCC has closely examined the claims and found no evidence of actual harm anywhere in the world, where more than 40 countries have deployed C-band spectrum for 5G use. Just to be sure, the FCC set aside a 220 MHz guard band that will remain unused as a sort of buffer to prevent this theoretical interference (double the amount Boeing requested).None of this was enough for the FAA. That's of major annoyance to AT&T and Verizon, which paid $45.45 billion and $23.41 billion respectively earlier this year for C-band spectrum, and have been widely and justifiably critcized for underwhelming 5G network performance and availability so far. Consumer advocates and policy experts like Harold Feld are also confused as to why the FAA continues to block deployment in these bands despite no evidence of actual harm:

It's not enough that law enforcement can seize property if it pretends it must be linked to some criminal endeavor, even if the cops can't be bothered to actually find any direct evidence of said criminal endeavor… or even bring charges against forfeiture victims. It's not enough that almost anything can be seized when accompanied by criminal charges, which can lead to officers stripmining someone's residence while serving warrants.When alleged criminals are difficult to find, sometimes the cops just take stuff from crime victims. Multiple people are suing the Baltimore Police Department for grabbing all sorts of property from shooting victims while they were hospitalized and recovering from their injuries.It would seem these seizures would be illegal, but the Baltimore PD pretends it's all about rounding up evidence -- even when said "evidence" has nothing to do with the crime being investigated.

The NYPD's war on its oversight continues. The secretive law enforcement agency has spent years fighting accountability and transparency, making up its own rules and engaging in openly hostile actions against public records requesters, city officials, internal oversight, and the somewhat-independent CCRB (Civilian Complaint Review Board). Journalists say the NYPD is worse than the CIA and FBI when it comes to records requests. The FBI and CIA say it's worse than a rogue state when it comes to respecting rights.The NYPD probably doesn't wonder why it houses bad cops. In fact, it probably doesn't not even consider the worst of its ranks to actually be "bad" cops. Making things worse on the accountability side, the NYPD answers to two very powerful law enforcement unions, which makes it all but impossible for the department to punish bad cops, even if it wanted to. And while it's subject to public oversight via the CCRB, it has the power to override the board's decisions to ensure cops engaged in misconduct aren't punished too harshly for violating rights and destroying the public's trust.The NYPD began wearing body cameras in 2017 as part of comprehensive reforms put in place by consent decrees issued by federal courts presiding over civil rights lawsuits over the NYPD's surveillance of Muslims and its minority-targeting "stop and frisk" program.But body cameras continue to be mostly useful to prosecutors and of negligible value to the general public that was supposed to benefit from this new accountability tool. As ProPublica reports, even the civilian oversight board can't get the NYPD to hand over footage crucial to investigations of misconduct.

id Software is not a complete stranger to silly IP enforcement actions. Between trying to own concepts that are un-ownable and occasionally trying to throw its legal muscle around to bully others into not using common words in their own video game titles, the company has proven that it is perfectly capable of playing the IP bully. But at least in those specific instances, if you squint at them, they kinda sorta seem like industry-related, almost understandable IP disputes.When it comes to how id Software enforces its venerated Doom trademarks, however, that is not the case. The company has a history of opposing and/or sending C&Ds to all kinds of barely related or unrelated commercial entities for trying to register anything that has to do with the word "doom": podcasts, festivals, and entertainment properties. And now, it appears, thrash metal bands too.Dustin Mitchell, like many of us in recent years, came across the term "doomscrolling" and decided that "Doomscroll" would be a cool name for his next metal band. After having the idea, he decided to apply for a trademark on the name for musical acts. And then came the opposition from id Software.

Earlier this year, a man, wrongfully arrested and imprisoned for murder, was finally able to prove his innocence by producing rental car receipts showing he could not have possibly committed the crime. When the murder occurred, Herbert Alford was twenty minutes away from the scene of the crime, renting a car from Hertz.He requested this exculpatory evidence from Hertz, but it took the company three years to locate the receipts that proved his innocence. All told, Alford spent five years in jail on the bogus charge. Hertz apologized for spending more than 1,000 days "searching" for the rental records, but that apology doesn't put years back on Alford's life, a half-decade of which he lost to the penal system for a crime he didn't commit.This isn't Hertz's only problem. The company is apparently pretty lax when it comes to record-keeping, which has resulted in people being accosted -- often at gunpoint -- by police officers who've been (wrongly) informed the rental car they've pulled over is stolen. The proliferation of automatic license plate readers means these stops will only become more frequent as time goes on, as hotlists hit cameras capable of collecting millions of plate/location records a year. And that proliferation comes with a cost: the potential killing of innocent people because law enforcement has been misinformed about the status of a rented car.Hertz is apparently still trying to get people killed. As it emerges from bankruptcy, it is facing lawsuits over its potentially deadly mistakes. The company is still sending out hotlists to law enforcement, misinforming armed officers that legally-rented vehicles are actually stolen. This appears to be a long-running problem for the rental agency.

Hikvision describes itself as "an IoT solution provider with video as its core competency". It hasn't cropped up much here on Techdirt: it was mentioned earlier this year as one of two surveillance camera manufacturers that had been blacklisted by the US government because they were accused of being "implicated in human rights violations and abuses" in Xinjiang. Although little-known in the West, Hikvision is big: it has "more than 42,000 employees, over 20,000 of which are R&D engineers." Given the many engineers Hikvision employs, the following comment by Fred Streefland, Director of Cybersecurity and Privacy at Hikvision EMEA (Europe, the Middle East and Africa), reported by IPVM, is rather remarkable:

Another day, another revelation about the abuse of NSO malware by its customers. The latest report shows NSO Group's powerful Pegasus malware was used to target Palestinian human rights activists. Citizen Lab is again on the case, providing the forensic examination of the detected malware and coming to this conclusion:

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Former President Donald Trump really has perfected every little thing he doesn't like being a grievance that he thinks he can sue over. It's funny because the Republican Party used to insist that "the left" was the party of victimhood, and yet in Trumpist world, they're always victims all the time, and always have to whine about how victimized they are. The latest is that Trump is literally threatening to sue the Pulitzer Prize Committee if they refuse to retract the 2018 prize that was given to the NY Times and the Washington Post for reporting on Russia's attempted interference with the 2016 Presidential campaign.In a letter sent to the Pulitzer Committee, Trump lawyer Alina Habba has some, well, bizarre theories about basically everything.

As companies and governments increasingly hoover up our personal data, a common refrain is that nothing can go wrong because the data itself is "anonymized" -- or stripped of personal identifiers like social security numbers. But time and time again, studies have shown how this really is cold comfort, given it takes only a little effort to pretty quickly identify a person based on access to other data sets. Yet most companies, many privacy policy folk, and even government officials still like to act as if "anonymizing" your data actually something.That's a particular problem when it comes to user location data, which has been repeatedly abused by everybody from stalkers to law enforcement. The data, which is collected by wireless companies, app makers and others, is routinely bought and sold up and down a major chain of different companies and data brokers providing layers of deniability. Often with very little disclosure to or control by the user (though companies certainly like to pretend they're being transparent and providing user control of what data is traded and sold).For example, last year a company named Veraset handed over billions of location data records to the DC government as part of a COVID tracking effort, something revealed courtesy of a FOIA request by the EFF. While there's no evidence the data was abused in this instance, EFF technologist Bennett Cyphers told the Washington Post Veraset is one of countless companies allowed to operate so non-transparently. Nobody even knows where the datasets they're selling and trading are coming from:

This week, Stephen T. Stone takes both top spots on the insightful side. In first place, it's a comment about the FBI raid on Project Veritas:

Five Years AgoThis week in 2016, we were dealing with the fallout of Trump's election. It was apparent that the First Amendment was under attack given things like Trump's constant whining about the New York Times, we spotted some big copyright problems with Trump's transition website, the incoming administration was preparing to gut the FCC's reforms, and the TTP was dead (for the wrong reasons) but we feared what would come next. At the same time, the role of fake news and fact checking became a prominent subject as people tried to figure out what happened.Ten Years AgoThis week in 2011, it's no surprise that the single biggest subject was SOPA. The House Judiciary Committee was holding hearings that were stacked five-to-one in favor of censoring the internet (though they insistently denied this was the case) — and they were predictably a lovefest for the bill. We featured pieces on how SOPA would be bad for filmmakers, online music services, VPNs and other important security and privacy tools, video games, investment in innovation, the health of Americans, and even the websites of Canadians. Opposition to the bill started lining up: major internet companies, lawyers and law professors, hackers, the ACLU, consumer rights groups, human rights groups, and all kinds of other people — not to mention general public opinion. But the fight was far from over...Fifteen Years AgoThis week in 2006, we took a look at the intense hatred of the RIAA for the Consumer Electronics Association which was aptly opposing their propaganda, one defendant in a RIAA lawsuit was hoping to be covered by the settlement with Kazaa, and Larry Lessig was challenging the constitutionality of opt-out copyright. The MPAA was suing a firm for loading legally-owned DVDs onto iPods, while Universal Music was going after MySpace. There was still a lot of bandwagon-jumping from companies when it came to social media features and video sharing platforms, while we were concerned about YouTube's trigger-happy lawyers going after third-party tools. Also, we saw an important Section 230 ruling in a lawsuit against Craigslist.

It's not often a citizen shoots at a cop and lives to tell about it. It's even rarer when they walk away from criminal charges. When it's considered "assault" to be anywhere in the general location of an angry cop, actual shots fired tend to be greeted with severe charges. Acquittals are unicorns in the court system, which largely tends to believe people who shoot at cops always have zero justification for their actions.One black Minnesota resident has bucked the odds. Jaleel Stallings was arrested after he fired his gun three times at Minneapolis police officers during protests following the murder of George Floyd by Officer Derek Chauvin. Without further facts, one would assume Stallings was part of the problem, a violent protester willing to kill or injure police officers.But the facts are in. And they are ugly. Stalling, represented by Eric Rice, was able to secure an acquittal thanks to some extremely damning body camera footage recorded by the officers he shot at. The footage was captured by officers in an unmarked van that were driving into areas "enforcing" curfew by shooting rubber bullets at random people on the street from the moving vehicle. That recording can be viewed here.Deena Winter has an amazing write up of the recording's contents at Minnesota Reformer. It shows cops aggressively targeting people doing nothing more than violating a curfew order. The officers in the unmarked van trolled Lake Street, looking for victims to absorb their violent policing, apparently in retaliation for having to endure ongoing protests triggered by other violent actions by other violent cops.Here's just a taste of what the recording contains:

As you'll recall, a few months ago, former President Donald Trump sued Facebook, Twitter, and YouTube claiming that his own government violated the 1st Amendment... because those three private companies kicked him off their services for violating their policies. Yes, the premise of the lawsuit is that while he was president, the actions of three private companies somehow proved that the government (which he ran) was violating his rights. The lawsuits are nonsense and they have not gone well for Trump at all. Part of the (very) ridiculous argument is that Section 230 is unconstitutional.The lawsuit against Twitter was recently transferred from Florida (where Trump filed it) to the Northern District of California (where Twitter wanted it), and now the Justice Department has said it will be entering the case specifically to defend the constitutionality of Section 230.

We have talked a long, long time about how the concept of content moderation at the kind of scale of the largest internet and social media platforms is essentially impossible. But it's not just content moderation that is proving difficult for those platforms. Policing those platforms for anything that relies on user-based input is difficult as well. For instance, Instagram recently found out that its process for locking up the accounts of the deceased may need some work, as one person was able to get Instagram founder Adam Mosseri's Instagram account locked.

Miramax, the film studio originally founded by Harvey Weinstein before being sold to Disney, then spun out, and currently owned jointly by a Qatari media company, beIN, and ViacomCBS, is in the news for suing Quentin Tarantino over his collection of NFTs about Pulp Fiction -- one of Miramax's biggest hit films in the 90s, and the one that put Tarantino on the map. Like many other content creators, Tarantino is exploring the NFT space, and his experiment is actually somewhat interesting. It's using a modification of typical NFTs, where some (or all) of the content remains "access controlled" and only available to the purchaser. In other words: it's DRM'd NFTs, which seems to miss the entire point of NFTs, which is creating a new scarcity of ownership without the scarcity of content access. But, hey, it's Hollywood, so restricting access and using DRM is kind of in their DNA.That said, the NFTs are supposedly handwritten bits of the original Pulp Fiction screenplay. From the page:

The roll-out of the “Facebook Papers” on Monday October 25 felt like drinking from a fire hose. Seventeen news organizations analyzed documents received from the Facebook whistleblower, Frances Haugen, and published numerous articles simultaneously. Most of the major news outlets have since then published their own analyses on a daily basis. With the flood of reports still coming in, “Accountable Tech” launched a helpful aggregator: facebookpapers.com.The volume and frequency of the revelations are well-planned. All the journalists were approached by a PR firm, Bryson Gillette, that, along with prominent Big Tech critics, is supporting Haugen behind-the-scenes. “The scale of the coordinated roll-out feels commensurate with the scale of the platform it is trying to hold accountable,” wrote Charlie Warzel (Galaxy Brain).Until the “Facebook Papers,” comparisons of Big Tech to Big Tobacco didn’t catch on. In July 2020, Mark Zuckerberg of Facebook, Sundar Pichai of Google, Jeff Bezos of Amazon, and Tim Cook of Apple were called to testify before the House Judiciary Subcommittee on Antitrust. A New York Times headline claimed the four companies prepare for their “Big Tobacco Moment.” A year later, this label is repeatedly applied to one company out of those four, and it is, unsurprisingly, a social media company.TECHLASH 1.0 started off with headlines like Dear Silicon Valley: America’s fallen out of love with you (2017). From that point, it becomes a competition “who slams them harder?” eventually reaching: Silicon Valley’s tax-avoiding, job-killing, soul-sucking machine (2018).In the TECHLASH 2.0 era, the antagonism has reached new heights. The “poster child” for TECHLASH 2.0 - Facebook - became a deranging brain implant for our society or an authoritarian, hostile foreign power (2021). In this escalation, virtually no claim about the malevolence of Big tech is too outlandish in order to generate considerable attention.As for the tech companies, their crisis response strategies have evolved as well. As TECHLASH 2.0 launched daily attacks on Facebook its leadership decided to cease its apology tours. Nick Clegg, *Facebook VP of Global Affairs, provided his regular “mitigate the bad and amplify the good” commentary in numerous interviews. Inside Facebook, he told the employees to “listen and learn from criticism when it is fair, and push back strongly when it is not.”Accordingly, the whole PR team transitioned into (what company insiders call) “wartime operation” and a full-blown battle over the narrative. Andy Stone combated journalists on Twitter. In one blog post, the WSJ articles were described as inaccurate and lacking context. A lengthy memo called the accusations “misleading” and some of the scrutiny “unfair.” Zuckerberg’s Facebook post argued that the heart of the accusations (that Facebook prioritizes profit over safety) is “just not true.” Another spokesperson simply called this notion a lie.On Twitter, Facebook’s VP of Communications referred to the embargo on the consortium of news organizations as an “orchestrated ‘gotcha’ campaign.” During Facebook’s third-quarter earnings call, Mark Zuckerberg reiterated that “what we are seeing is a coordinated effort to selectively use leaked documents to create a false picture about our company.”Moreover, Facebook attacked the media for competing on publishing those false accusations: “This is beneath the Washington Post, which during the last five years competed ferociously with the New York Times over the number of corroborating sources its reporters could find for single anecdotes in deeply reported, intricate stories,” said a Facebook spokeswoman. “It sets a dangerous precedent to hang an entire story on a single source making a wide range of claims without any apparent corroboration.”Facebook’s overall crisis response strategies revealed the rise of VADER:

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So, just yesterday we wrote about how the FBI's raid of Project Veritas's founder and a few associates was concerning from a press freedom standpoint -- and that you should be concerned even if you believe that Project Veritas are a bunch of dishonest grifters. However, beyond being a bunch of dishonest grifters -- who still deserve press freedoms -- it appears that Project Veritas are also a giant bunch of hypocrites.All week they've been grandstanding about press freedoms... while at the same time they hired the law firm of Clare Locke -- a firm that brags about silencing the press -- to try to silence the NY Times. Incredibly, so far it has worked. Project Veritas and Clare Locke successfully got a judge in NY to issue a ridiculously broad order requiring that the NY Times delete information it had in its possession and then stop reporting on certain aspects of Project Veritas' behavior.This is straight up prior restraint.

Making it annoying to cancel a subscription has long been a proud American pastime. AOL was notorious for making it extremely difficult. Broadband and cable providers routinely make it a pain in the ass to cancel phone, broadband, or cable. And everyone from the Wall Street Journal to SiriusXM enjoy making signing up easy, but cancelling something that requires a phone call and time on hold. In COVID times, with support staffs often short handed, it's a practice that's become more annoying than ever.In an about face from decades of regulatory apathy, Lina Khan's FTC has announced that the agency is going to start cracking down on companies that trick users into signing up for services, or making it an annoying headache to cancel:

We've been talking a great deal about Take-Two Interactive and Rockstar Games lately as it relates to their aggressive actions on modding communities for the Grand Theft Auto series. This new war on modders really kicked off over the summer, with the companies looking to shut down a bunch of mods that mostly brought old GTA content into newer games for retro fans. Then came one modding group managing to reverse engineer the game to create its own version of the source code, which it posted on GitHub. Rockstar DMCA'd that project, but at least one modder managed to get GitHub to put it back up. That project was called "GTA RE3" and was supposed to be the basis to let other modders do all sorts of interesting things with the game from a modding standpoint, or to forklift the game onto platforms it wasn't designed for, say on a Nintendo console. Take-Two and Rockstar then cried "Piracy!" and filed a lawsuit.That's typically where the story would end. The modding group would hide or run away if they could, or they would settle the suit for fear of a long and protracted legal process. But that doesn't appear to be the case here, as the four men behind RE3 have responded to the suit, denying all accusations and asserting fair use. The response from the modder's attorneys is embedded below, but mostly consists of outright one-sentence denials or assertions that the claims in the suit aren't such that they have enough knowledge to affirm or deny them, and therefore deny them. But there are also some nuggets in there that tease out what the defense would be if this thing proceeds.

Law enforcement doesn't just engage in pretextual stops of cars. Bicyclists are on the radar as well, especially if they happen to be minorities. That's according to data obtained by the Los Angeles Times, which shows the LA Sheriff's Department (which has buried the needle on the far end of "problematic" for years) is targeting bike riders with tactics that fall somewhere between pretextual stop and stop-and-frisk.

I am no fan of Project Veritas. They appear to be a group of malicious grifters, deliberately distorting things, presenting them out of context to fit (or make) a narrative. Even so (or perhaps, especially so), we should be extremely concerned about the FBI's recent raid on Project Veritas' founder James O'Keefe and two of his colleagues.The FBI and DOJ say they're investigating the apparent theft of a diary belonging to Joe Biden's daughter, Ashley, which later ended up in Project Veritas' hands. But, as we've discussed for many years, there are serious 1st Amendment questions involved when the government is raiding the homes of journalists and seizing their computers, phones, and other records. I'm assuming that some of you are going to say that this shouldn't matter because O'Keefe and Veritas aren't "real journalists," and we'll get to that argument later. But the simple fact is that after many years (and multiple administrations lead by both parties) in which the DOJ felt free to collect journalist records, earlier this year, we were told that the DOJ was finally going to no longer sweep up journalist records (though even then it noted that didn't apply in cases where the journalists themselves were targets of a criminal investigation -- as was the case here).However, unless there's really strong evidence indicating that Project Veritas was involved in the actual theft of the diary, if the organization was merely the recipient of that diary, then these raids raise many, many concerns about violations of press freedoms and the use of law enforcement to intimidate the press.Many others seem to be similarly concerned, as this is raising a lot of alarm bells for those who work on press freedom issues:

No news is the only good news for Israeli tech company NSO Group. The problem is it's impossible to generate no news when you can't go more than a few days without generating more bad news.Since the leak of data showing its customers were targeting journalists, activists, religious leaders, and other government officials with powerful malware capable of intercepting cellphone communications, the headlines NSO has racked up range from bad to worse to nightmarish.Multiple countries are now following up on investigations performed by entities like CitizenLab, performing investigations of their own to determine whether they've been breached by NSO's malware or if government customers have violated rights. The United States has effectively blacklisted the company, forbidding US government agencies from buying its products and US exploit developers from selling to NSO.One country was host to a large percentage of the numbers on the leaked list of potential NSO Group malware targets: Mexico. 15,000 of the 50,000 phone numbers on the list were located in that country. Perhaps unsurprisingly, Mexico is home to the first arrest related to abuse of NSO spyware.

Although the COVID-19 pandemic has wreaked terrible suffering across the world, we are fortunate that we already have several vaccines that have been shown to be highly effective in reducing the number of deaths and hospitalization rates. Discovering vaccines proved easier than expected, but ensuring that everyone – including people in developing countries – has access to them has proved much harder. The main reason for that is an intellectual monopoly: patents. Even though at least two of the main vaccines were developed almost entirely using public funds, which ought by rights to mean that the results are in the public domain, companies have obtained exclusionary patents on them. This has led to calls for a patent waiver of some kind to allow countries to produce their own supplies of medicines, without needing to pay licensing fees.The proposal from India and South Africa to the World Trade Organization (WTO) does not mention patents at all, but lists instead what the waiver seeks to achieve: "the prevention, containment and treatment of COVID-19". A paper from Sean Flynn, Erica Nkrumah and Luca Schirru points out that works covered by copyright also need a waiver if we are to combat COVID-19 effectively. For example:

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