Techdirt

Bans of facial recognition tech are popping up across the United States. Facial recognition tech use by law enforcement is currently banned in the state of California and a few cities in Massachusetts have blocked local government agencies from deploying the tech.Given the tech's relative inability to do its job, along with a host of other concerns including built-in biases that make it far more likely minorities will suffer the effects of false positives, lawmakers are finally putting the brakes on approving facial recognition use by government agencies.A white paper leaked to Euractiv appears to indicate the biggest ban so far is under consideration in Europe -- one that would affect most of the continent.

Here's a quick reminder that we're running a Gaming Like It's 1924 game jam, asking people to come up with both digital and analog games using newly public domain works from 1924. While the US spent decades not allowing any new works into the public domain, that changed last year (finally!), and now we're slowly getting works into the public domain drip by drip. But what good is a public domain if it's not used to inspire new creative works? So, as we did last year, we're running this contest for the month of January. All the rules are at the link above, but there are lots of great tools and templates out there for anyone wanting to try their hand at creating something.As always, Duke's Center for the Study of the Public Domain has a great list highlighting some newly public domain works, and there are some concepts and ideas in there that could be turned into really great games -- like E.M. Forster's A Passage to India or Hugh Lofting's Doctor Doolittle's Circus. And, of course, I remain curious if anyone will make a game out of George Gershwin's famed song "Rhapsody in Blue," considering that his family is upset about the whole concept of the public domain, and fought against it for years.Anyway, here's a chance to have fun and be creative. You don't need to be a game designer. You don't have to come up with something super polished. Just experiment a little and see if you come up with something cool.

We've long had discussions about how wide open for abuse and error YouTube's copyright and demonetization practices are. Between the hamfisted method by which the accused is treated as guilty from the get go, to the impossibility of doing large-scale policing like this in a way that's even moderately good, to the avenue for abuse that all of this creates, the fact is that YouTube's stance on copyright is a mess. The end result of all of this is that creators on YouTube operate in constant peril of having their accounts suspended or video revenues taken by others with the recourse for fraud and error being convoluted and lengthy. For a site that is in the business of content creation, that's a real problem.And it's a problem that can get quite ridiculous, as evidenced by one recent streamer who had two videos demonetized over claims by a third party that she infringed its copyrights... on the numbers "36" and "50."

It's kind of incredible that Devin Nunes' first frivolous, censorial lawsuit is still going on -- but it is. This is the one against two satirical Twitter accounts that made fun of Nunes, as well as political strategist Liz Mair and Twitter the company itself. Twitter had tried to get the case dismissed on jurisdictional grounds, saying the case belonged in California, but that failed. Now Twitter has played the next obvious card: saying that Section 230 of the CDA prevents Nunes from suing it over the satirical accounts. Tragically, the Fresno Bee has not posted the actual legal filings, and they're in a state court that does not make them easily accessible to the public, so I don't have the full filing yet. Update: The filing is here and embedded below. However, from the Fresno Bee's account, it appears that Twitter is making a pretty typical CDA 230 argument:

The New York Times has noticed a company with the word "smile" in its name really isn't all that friendly. Nearly 2 years ago, SmileDirectClub sent legal threats to Gizmodo after a post discussing the potential drawbacks of getting your teeth fixed over the internet was published under the title "You Could Fuck Up Your Mouth With SmileDirectClub."Nothing about the article was false. Not even the title. SmileDirectClub sells teeth-straightening devices over the internet. Most teeth-straightening devices are provided by orthodontists after x-rays and in-person examinations. SmileDirect is, well, more direct, claiming it can provide the right dental appliance without all the in-person stuff by having customers send in a mold of their teeth or by visiting a "Smile Shop" to have their mouth and teeth scanned.The potential to have things go wrong -- especially when your only consultation during the teeth-straightening process is online chats with SmileDirect's dental staff -- is far from nonexistent. Appliances like these can cause more problems rather than fixing the one they were purchased for.All of this was covered in the article and everything said about SmileDirect's business model was truthful. This didn't stop SmileDirect's legal reps from filing a defamation lawsuit in defamation lawsuit-friendly (pre-anti-SLAPP law) Tennessee. SmileDirect said all sorts of ridiculous things about clickbait and Peter Thiel's takedown of Gawker, but really didn't make any actionable libel allegations. That SmileDirect voluntarily dismissed its lawsuit less than a week after it filed it as good an endorsement as any for the stupid arguments in its complaint.Anyway, the NYT is on the case now that more people are unhappy with their dental appliances and SmileDirect is more forceful in preventing unhappy people from complaining about its products and services. Here's how SmileDirect conducts business with its end users.No x-ray or dental examination is performed but customers are required to sign a consent form saying that they did have one performed before purchasing SmileDirectClub's dental device. This removes some of the company's liability. If the customer didn't actually get this done, it can't hold SmileDirect responsible for problems that might have been caught with a real exam. Since the company appears to target people who want to avoid dental exams and save money on dental appliances, plenty of customers aren't being honest when they check that first consent box.Then the form gets a whole lot darker.

Are you ready to add another language to your programming vocab? C++ is one of the most challenging, powerful and widely-used programming languages available. The C++ Programming Bundle: Beginner to Expert has three courses designed to get you up and running with the C++ language in no time. You'll learn how to develop complex applications, learn about an array of advanced C++ features, and much more. It's on sale for $15.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.

Manhattan DA Cyrus Vance is back on his anti-encryption bullshit. A Fast Company profile of his "$10 million cyber lab" for decrypting phones contains some really choice quotes from the DA -- quotes that show he's about as on top of all things "cyber" as former NYC mayor/alleged tweet hackee Rudy Giuliani.The thrust of the piece is that breaking encryption is time-consuming and expensive. Hey, no one's arguing otherwise. But the arguments made by Vance and other law enforcement officials in the article are disingenuous and… well… stupid.Breaking encryption doesn't scale. Sorry about that, LEOs. That's a fact you're all going to have to come to terms with. But it's not impossible and there are more than a few companies offering to do the dirty work for cyber-strapped agencies that don't have $10 million on hand to bootstrap their own brute forcing.We're also living in the golden age of surveillance, despite the arguments of a few candle bearers primarily interested in wandering around in the dark cursing. Almost everyone carries a tracking device with them wherever they go. Voluntarily. Reams of data are generated every day, a lot of which doesn't even require a warrant to access. Cops are solving crimes using consumer DNA services, Apple wearables, and always-on smart devices that eavesdrop on conversations law enforcement normally wouldn't have access to.But let's start with some numbers. I'm beginning to think the Manhattan DA's office is no better at counting locked devices than the FBI is. As you may recall, the FBI spent a few years claiming it was sitting on an exponentially-increasing amount of encrypted devices… right up until it was forced to admit its counting software couldn't count and it had severely overstated the amount of devices in its possession.The same thing appears to be happening at the DA's office. An increase like this is inexplicable. Here's how many devices Cy Vance was complaining about in 2016:

Cord cutting continued to set records in 2019 despite years of cable and broadcast executives trying to claim the trend wasn't actually happening. Now that they're finally acknowledging the threat is real, many of these same executives are doubling down on the kind of behavior that brought them to this point in the first place.For example, Comcast's Q4 earnings report released this week shows the company saw a 3.2% drop in traditional cable TV subscribers in 2019, double the 1.6% loss rate the company saw 2018. How does the company plan to tackle the customer exodus driven by ramped up streaming competition from the likes of Disney, Apple, and others in 2020? Why even more price hikes, of course:

EU member states are getting ready to implement Article 17 of the EU Copyright Directive, which will more or less force every platform that hosts any user-generated content, to either license every damn thing (impossible) or to put in place a tool like ContentID, that automatically spots and takes down "infringing" content. Despite the fact that Google spent over $100 million on its ContentID and competitive offerings (mainly Audible Magic) are quite expensive, defenders of this plan kept insisting that those filters work. Plenty of people have pointed out that they don't work very well at all, and it's even worse than just leading to legitimate content being taken down. Having such a tool, means that it will be abused.CCN.com recently wrote up yet another article highlighting the problem of massive false flagging campaigns showing up for YouTube videos:

Roughly a year back, we discussed famed American burger chain In 'N Out Burger cynical process for keeping trademarks it owns in certain countries in place, despite the chain having no actual presence in the country. You might be wondering how a company with no storefronts or delivery business in a given country could possibly hold valid trademark rights to its brand, given trademark law's requirement that companies actually use their trademarks in commerce to keep them. The answer to that is that In 'N Out flies staff out to several countries once every couple of years and launches a pop-up store, slinging burgers for a short period of time before packing everything up and heading home. The chain claims that this is done to raise its profile in other countries for an eventual permanent launch. Except that those launches never actually happen.It's all very frustrating, if for no other reason than nobody can figure out why In 'N Out cares so much about trademark rights in a country it sure doesn't seem to have any interest in doing business in. Well, the confusion continues, as In 'N Out has announced it will once again launch pop-up stores in New Zealand.

I still laugh when I remember a copyright maximalist think tanker insisting that copyright could never be used for censorship, because "copyright holders are champions of the First Amendment" and "have no reason to censor anything." Of course, for years, we've documented over and over and over again how copyright is regularly used as a tool for censorship. And now we've got another example. And however you feel about the 2nd amendment or gun advocacy, hopefully you can agree that it's a problem for the 1st amendment when someone -- no matter what their political viewpoints -- abuses false copyright claims to take down videos they dislike.Last week, a Twitter user posted a short 13 second video of Kaitlin Bennett, a sort of social media troll play acting as a gun rights activist/journalist (who has been reasonably criticized for questionable journalism practices), who does outrageous stunts to get more attention. In the video, Bennett first insults a woman's weight, which makes the woman reasonably angry at Bennett. Bennett responds by implying to the woman that she has a gun, and when the woman starts to calm down, Bennett suggests that her carrying a weapon was what "deterred" further escalation.No matter what you think of the video, the user who had posted it (who was critical of Bennett) soon was informed by Twitter that a DMCA takedown notice was filed against the video, which Twitter removed:

Time and time again we've highlighted how in the modern era, you don't really own the hardware you buy. In the broadband-connected era, firmware updates can often eliminate functionality promised to you at launch, as we saw with the Sony Playstation 3. And with everything now relying on internet-connectivity, companies can often give up on supporting devices entirely, often leaving users with very expensive paperweights as we saw after Google acquired Revolv, then bricked users' $300 smart home hub.The latest chapter in this ongoing saga comes courtesy of Under Armour, which in 2016 launched a $400 bundle of smart devices it dubbed the "Healthbox," which included a "smart scale," a wrist-worn health tracker, and chest-wrap heart monitor. All of these devices were tied together via the company's Under Armour Record app, which bundled all of your health data and presented it to you in an easily-digestible way.But by 2017 Under Armour had given up on the project, and began pulling the Health Box from store shelves. Users that had spent hundreds of dollars on the products could still use them -- until now. Last week, the company stated the Record app would no longer work, urging customers to head to the company's MapMyFitness platform, which the company insists provides "an even better tracking experience." Users say that's not actually the case, and the new platform only does a fraction of the overall data collection the original offering did.Because actually treating these customers well would cost Under Armour extra, it not only didn't give users a heads up that the app would stop working last week, it didn't provide users any effective way to export their data:

The biggest collection of biometric data isn't housed by any government agency. In fact, it's not owned by any single private company in the world. It's the internet itself, which houses multiple billions of face photographs that one company is using to give law enforcement perhaps its sketchiest facial recognition tool yet. Kashmir Hill has the full report for the New York Times.

We've pointed out for a while now that every generation seems to have some sort of moral panic over whatever is popular among kids. You're probably aware of more recent examples, from rock music to comic books to Dungeons and Dragons to pinball machines (really). Of course, in previous generations there were other things, like chess and the waltz. Given all that, for years we've urged people not to immediately jump on the bandwagon of assuming new technology must also be bad for kids. And, yet, so many people insist they are. Senator Josh Hawley has practically trademarked his claim that social media is bad for kids. Senator Lindsey Graham held a full hearing all of which was evidence free, moral panicking about social media and the children -- and because of that he's preparing a new law to completely upend Section 230 in the name of "protecting the children" from social media.Not that it's likely to stop grandstanding politicians, but over in academia, where they actually study these things, there's a growing consensus that social media and smart phones aren't actually bad for kids. While some academics made claims about potential harm a decade or so ago, none of their predictions have proven accurate, and even some of those academics have revised their earlier research, and in one case even admitting that they caused an unnecessary panic:

Wire up working HTML5 prototypes with a uniquely powerful visual interaction design engine and export to working HTML & Javascript. Say "Hi" to UX-App. It's a full-featured product planning tool that allows you to create functional mock-ups for both mobile and web. It allows you to design with a full suite of real, working components along with a powerful drag-and-drop event editor. With rapid prototyping, full component customization, 100+ composable components, and more, this tool sets itself apart from other design engines. It's on sale for $29.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.

When Attorney General William Barr speaks, he represents the DOJ and all the agencies it oversees. The problem is that Bill Barr's recent anti-encryption agitating doesn't reflect the views of the people he oversees. While Barr is trying to turn the public against Apple by suggesting it protects terrorists and murderers, FBI employees are worried his words and actions will harm them more than help them.The Wall Street Journal spoke to people in the FBI and DOJ who aren't convinced Barr's doing the right thing by taking a hardline stance on encryption. [Non-paywalled version here.]

For the better part of the decade, even Wall Street stock jocks have acknowledged that the current pay TV ecosystem simply isn't sustainable. Broadcasters continue to demand higher and higher rates for the same programming, driving up costs for consumers. Those consumers are then fleeing to the exits in record numbers; either migrating to new streaming video alternatives or over the air antennas. Many executives' response to the problem? Mindlessly double down on most of the behaviors that brought them here, namely, mindless consolidation and price hikes.Most cable and broadcast executives seem to believe they can just nurse this dying cash cow until retirement, at which point it's somebody else's problem. But the problem itself remains, and analysts like Doug Dawson quite correctly note that 2020 may be the year the entire fracas finally starts to unravel and the real "death spiral" truly begins:

Last month, Mike wrote about France's awful proposals for implementing the EU Copyright Directive's upload filter (originally known as Article 13, but Article 17 in the final version). Just as France was the most vocal proponent of this dangerous development, so Germany was the main driving force behind the ancillary copyright requirement, also known as the snippet or link tax. And like France, Germany has managed to make its proposed national implementation (original in German) of what was Article 11, now Article 15, even worse than the general framework handed down by the EU. The former Pirate Party MEP Julia Reda has a Twitter thread (in German) that picks out the main bad ideas. Under the German proposals, in general only "single words or very short extracts" of a press article can be quoted without a license. Specifically, free quotation is limited to:

For those of us of a certain age, where you're the right age to have grown up with video games as a staple of your youth entertainment experience while your parents basically grew up without them, the generational divide when it comes to gaming could not possibly be more stark. It is my belief that a great deal of the ongoing debate about whether there are harmful effects from playing video games is probably about to simply disappear as that parental generation begins to shove off this mortal experience. Gaming, after all, has been blamed for all sorts of things, even as research is starting to trickle in which suggests that video gaming in particular may have health benefits and is otherwise part of a healthy staple of entertainment experiences.That research will only get better and more prevalent as both video games become a larger staple of entertainment consumption in our culture and as a younger generation of researchers with an interest in the topic come of age. One example of that can be seen in the work done by NYU professor Jan Plass, who's team didn't even both trying to tackle whether video games are good or bad for people, but instead took a scientific approach to simply create games that are designed to benefit cognitive behavior.

Former Houston PD officer Gerald Goines is going to face murder charges. At least he's alive to face them. The victims of Goines' botched no-knock raid -- Dennis Tuttle and Rhogena Nicholas -- don't have the luxury of watching justice be done. The residents of the house were killed by police officers performing a raid targeting heroin that never existed, utilizing a warrant filled with lies based on statements made by a confidential informant who didn't exist, and drugs pulled from a cop car console.Goines is facing both state and federal charges. And the charges are still coming in. Multiple investigations are still ongoing. Nearly 14,000 cases linked to the now-disbanded Squad 15 (of the Narcotics Division) are under review by the District Attorney's office and dozens of pending cases have already been dismissed.The charges brought against Goines late last year are now officially backed by an indictment, as Jacob Sullum reports for Reason.

When Julian Assange was arrested in the UK and taken out of the Ecuadorian embassy, many of us raised concerns that the charges against him appeared to be things that every investigative reporter does in finding sources. The superseding indictment of Assange made it clear that the DOJ's case against Assange was a direct attack on a free press. Indeed, even some federal prosecutors worried about the charges going way too far.Yet, we got tremendous pushback on this, as people kept insisting that it was different, that Julian Assange had gone further than normal reporters, and that because there have been claims that he was associated with the Russians, that this somehow made the charges against him okay. Yet, with the recent news of Brazil charging Glenn Greenwald with crimes for reporting on leaked documents, we noted that the case seemed to parallel the US's case against Assange. Mathew Ingram, over at the Columbia Journalism Review, has now written a more in-depth piece on how the two cases mirror each other:

The DEA doesn't really want to stop the flow of drugs into the country. Let's not kid ourselves. Better yet, let's not allow the DEA to kid us it's in the drug enforcement business. It's in the cash business. It wants to seize cash. It is so cash-focused it hires TSA agents to alert the DEA whenever they see cash in people's luggage. It also regularly peruses airplane and railway passenger manifests to find targets it feels might be carrying cash.Forfeiture laws make this easy. They make seizing cash so easy hundreds of law enforcement agencies engage in the same fishing trips for cash, ignoring drugs and seizing money from drivers traveling out of the states they're supposed to be defending against incoming drugs.It's not illegal to travel while carrying large amounts of cash. But it may as well be. The Institute for Justice is representing a 79-year-old man who had his life savings seized by the DEA at an airport -- a seizure that has not been followed up with any official accusations (charges, indictments) of wrongdoing.

Things sure are getting even more bizarre in the world of the rich, famous, and powerful. Saudi Crown Prince Mohammed bin Salman (usually called "MBS") is now being accused of personally being involved in the hacking of Jeff Bezos' phone to get data that was eventually used against him by the National Enquirer. This is a soap opera-level story that involves a bit of background.You may recall that, approximately a year ago, Jeff Bezos put out quite a Medium post, entitled: No thank you, Mr. Pecker, in which he exposed an attempt by David Pecker's National Enquirer to engage in what sure looks like a blackmail effort to silence Washington Post (which Bezos owns) reporting efforts. The post came about a month after the National Enquirer had released evidence of an affair that Bezos was having, including releasing personal text messages (the National Enqurier release came hours after Bezos himself announced he was getting a divorce from his wife). According to Bezos' blog post, the Enquirer had also threatened to release personal photos of Bezos if he did not call off an investigation he had launched into how the National Enquirer had obtained those text messages.A little over a month and a half later, the investigator that Bezos had hired, Gavin de Becker, announced that he believed Saudi Arabia was involved in obtaining Bezos's personal data, adding a bit of international intrigue to the whole thing. de Becker argued that the evidence pointed to the Saudis much more than Michael Sanchez, the brother of the woman with whom Bezos was having the affair, who had claimed that he had given the data to the National Enquirer. As de Becker noted, Sanchez seemed to be a fall guy to distract from the possible Saudi connection:

The Project Management Professional Certification Training Suite is designed to teach various principles and processes involved in managing a project effectively. Folks wanting to learn about project management will gain an in-depth understanding of the principles and its applications in various processes as defined in the book of knowledge (PMBOK). The PMBOK has recently been updated to Version 6 to maintain pace with the changing project environment. You'll learn the necessary skills of a project manager, including defining, developing, and pitching an idea to get a project initiated, project planning and execution, project monitoring, project review, and the different styles of project management, and much more. The bundle is on sale for $39.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.

The FBI has asked Apple to break the encryption on devices owned by the Pensacola Naval Base shooter. It hasn't made this request officially -- there's no court order being sought to compel Apple's assistance -- but it's asking nonetheless.Attorney General Bill Barr put a little more muscle behind the FBI's informal request. His statement insinuated that Apple was making the country less safe by refusing to break encryption. He also stated that time was of the essence in cases like this and Apple's general unhelpfulness wasn't acceptable.Apple fired back by again stating it would not break phone encryption for the US government. It also pointed out the FBI did not inform of it a second locked device until a month after the shooting. If the government was concerned about time slipping away, it did not act with alacrity during this latest investigation.Donald Trump followed Bill Barr's lead, attacking Apple via Twitter with a particularly stupid tweet that suggests the president is still all about quid pro quo.

We've long explored how the nation's phone companies don't really even want to be in the residential broadband business. They routinely refuse to upgrade their networks despite millions in taxpayer subsidies, yet often lobby to ensure nobody else can deliver broadband in these neglected footprints either. US telcos have a bizarre disdain for their paying customers, delivering the bare minimum (slow DSL) at the highest rates they can possibly charge without a full-scale consumer revolt. It's not surprising, then, that many telco DSL customers are fleeing to cable, assuming they even have a second broadband option.This dynamic often results in some absurd dysfunction. Like in West Virginia, where incumbent telco Frontier has repeatedly been busted in a series of scandals involving substandard service and the misuse of taxpayer money. The graft and corruption in the state is so severe, state leaders have buried reports, and, until recently, a Frontier executive did double duty as a state representative without anybody in the state thinking that was a conflict of interest. The company has since been under investigations from New York to Minnesota for failing to upgrade or even repair its aging network.Not too surprisingly, this combination of apathy, incompetence, and corruption is not particularly sustainable. Last week, Frontier announced it would be exploring a bankruptcy sometime in March. That's thanks in no small part to $16.3 billion in debt it accumulated from buying Verizon's unwanted DSL networks in numerous states as part of a "growth for growth's sake" mindset that involved rampant expansion, and then neglecting the acquired territories. Shockingly, angry customers then fled to the exits, only compounding Frontier's problems:

More than two years ago, the Turkish government blocked all of Wikipedia under the dubious legal theory it was a "threat to national security." A single offending article that linked the Turkish government to various terrorist organizations was the "threat" Turkey felt it couldn't withstand.Wikipedia challenged this blanket ban -- which covered all of its domains, not just the Turkish version. It appealed the decision in Turkey and petitioned the European Court of Human Rights to declare the government's ban a violation of free speech rights.The ECHR seemed inclined to give Wikipedia what it asked for. But securing a win wouldn't be enough to lift the ban. Turkey has routinely blown off ECHR verdicts, choosing to keep its human rights violations in place in exchange for periodic fines.Unfortunately, for Recep Erdogan and his government, another decision was handed down that wasn't so easily ignored. In late December of last year, the country's top court ruled the ban was a violation of freedom of expression rights. It took a few weeks for the government to comply with the order, but the Wikimedia Foundation reports the ban has finally been lifted.

As most of you will know, a year or so ago saw Nintendo suddenly flip a litigious switch and begin going after all the ROM sites that had existed for a decade or more. The timing suggests that the company may have made this move out of a misguided attempt to support its release of several retro consoles that contained many of the games that the public could also simply get for free on these ROM sites. I say misguided because it's not as though Nintendo's aggression suddenly made free online ROMs unavailable. They are all still very much there through various means, but Nintendo's retro consoles sold like gangbusters anyway, because half the appeal in the product is the ease of use and the other half is in having the cool looking retro console next to the television.Most sites simply folded up and caved. RomUniverse, run by Matthew Storman, was one of the few that attempted to fight back. Despite the site making not just Nintendo Roms available, but also all kinds of other copyrighted media, Storman tried to crowdfund his legal defense before pivoting to representing himself in court. We're still in the early stages of the litigation. Storman sought a dismissal of the case by arguing that First Sale doctrine meant Nintendo had no claim to the Roms being offered on his site coupled with claiming to be a neutral service provider protected by DMCA safe harbors. We said at the time that the move was unlikely to work.And we were right. The court has now ruled for Nintendo against the motion to dismiss, stating that at best the claims that Storman makes are not properly made at this stage of the litigation, along with some comments that the claims probably aren't going to get Storman where he wants to go anyway.

California's ban on use of facial recognition tech by law enforcement showed the state's government is willing to get out ahead of potential privacy issues. The tech is as popular as it is unproven. Law enforcement agencies strongly believe facial recognition will help it apprehend criminals more efficiently, but the available data simply doesn't back up this belief.The tech is still pretty lousy at recognizing faces, kicking out false positives at an alarming rate. This also means it's not recognizing faces it should be recognizing -- the criminals and terrorists government agencies are convinced it will catch. They're also prone to bias, more likely to misidentify minorities, which results in increased targeting of demographics already heavily over-represented in most law enforcement agencies' paperwork.California's new ban affects mobile tech used by state agencies. This includes body cameras, smartphones, and tablets. That was enough to kill the San Diego's multiple facial recognition programs. The San Diego PD used 1,300 cameras to build a database of 65,000 images over the course of seven years. These images were matched against a much larger database run by the San Diego Sheriff's DepartmentThe program went into effect without the public being informed.

Once again, it's time for the CES post-mortem! Unlike past years, Mike didn't make it to the 2020 show, but our regular guest and unrivaled CES veteran Rob Pegoraro is back with all the important details from the ground. Listen in to find out what new consumer tech, both expected and unexpected, the industry is pushing this year.Follow the Techdirt Podcast on Soundcloud, subscribe via iTunes or Google Play, or grab the RSS feed. You can also keep up with all the latest episodes right here on Techdirt.

As Attorney General William Barr and other law enforcement officials continue to insist (falsely) that Apple refuses to cooperate with them in undermining encryption and security on all iPhones, plenty of people have been pointing out for years that the reality is that most iPhone encryption is effectively meaningless, because if a user has iCloud backups on, Apple retains the key to that data and can (and does!) open it up for legitimate law enforcement requests. In other words, it's extremely rare that full device encryption actually keeps law enforcement out (and that leaves aside the fact that technological solutions exist for law enforcement to hack into most iPhones anyway). Indeed. as you might recall, during the FBI's last big fight about encryption with Apple, over San Bernardino shooter Syed Farook's iPhone, it was revealed that the FBI's own incompetence resulted in Farook's backups being wiped out before the FBI had a chance to access them.For quite some time now, EFF and others have urged Apple to close this loophole and allow for truly encrypted iCloud backups, such that even Apple can't get in. Apple has toyed with the idea, but as Tim Cook has said a few times, the company chose not to do it this way after weighing the pros and cons from a user's perspective. The key issue: if something is fully encrypted and Apple doesn't have the key, if you lose your password, the data is effectively gone. There is no "password reset" if Apple doesn't retain the key:

I don't always agree with Glenn Greenwald, and over the last few years have grown increasingly frustrated with either his confusing and contradictory positions or his bizarre stubbornness in being purposefully obtuse in his explanations of his positions. However, his general commitment to freedom of the press is hard to question. Over the last few years, Greenwald has been particularly focused on reporting about the federal government of Jair Bolsonaro in his adopted home of Brazil. Given that Bolsonaro has a reputation for attacking the press, many people wondered how long it would take for the Brazilian government to go after Greenwald.And, indeed, today it was announced that Greenwald has been charged with "cybercrimes" for his reporting on leaked documents regarding the current Justice Minister, Sergio Moro, who was the federal judge who oversaw the trial of former Brazilian President Luiz Inacio Lula da Silva. Many in Brazil, including Greenwald, have argued that the corruption trial and jailing of Lula was a corrupt show trial designed to get Lula out of office and prevent his re-election in 2018 (when Bolsonaro was elected). The leaked documents showed that Moro, while presiding over the trial, worked closely with prosecutors and helped them strategize.Since then, there has been speculation that the government was trying to build a case against Greenwald. In July, Greenwald was called before a Congressional committee in which he was directly told he should be jailed. Back in August, the Brazilian Supreme Court actually put a stop to an attempt to investigate Greenwald, after Bolsonaro himself called for Greenwald to be jailed.However, that appears not to have actually stopped the government's attempts to find some reason to throw Greenwald in jail. The charges against Greenwald argue that he wasn't just reporting on the leaked documents, but that he was part of a "criminal organization" and worked with people to hack into the phones of officials in order to access the documents:

The 2020 Premium Learn To Code Certification Bundle has 10 courses designed to get you up to speed on the latest in coding. You will be ready to build powerful and responsive websites to a highly professional degree using today’s most advanced and up to date web technologies before you know it! Throughout this bundle, you'll complete 15+ projects, such as creating an online checkout form (HTML), constructing outbound and return flight date pickers similar to Expedia (HTML, CSS, jQuery & jQuery UI), setting up an interactive carousel slider (HTML, CSS, jQuery & Bootstrap), and much more. Other courses cover Python, Djano 2, deep learning and more. It's on sale for $39.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.

Last week we noted that the latest person that Rep. Devin Nunes was threatening to sue (a constantly growing list) was a fellow Congressional Representative, Ted Lieu. Nunes was particularly mad that Lieu had said Nunes "conspired" with Lev Parnas, the now indicted Rudy Giuliani aide who has been dribbling out a bunch of fascinating info lately. We, and many others, had asked Lieu to release the letter from Nunes' lawyer, and he finally released the first page as well as his own response letter. And the timing is interesting, because it comes just as the House released new evidence of a connection between Parnas and Nunes.First, though, let's look at the letter Nunes' regular SLAPP-happy lawyer, Steven Biss, sent to Lieu:

We've noted for some time now how Verizon desperately wants to pivot from dull old broadband provider to sexy, Millennial-focused, video advertising juggernaut. To accomplish this task, Verizon acquired both Yahoo and AOL, smushed them together, then hoped this would be enough to compete with the likes of Google and Facebook. The effort distracted the company from upgrading or repairing much of its fixed-line broadband footprint, since investing in networks isn't profitable enough, quickly enough, for many on Wall Street.But Verizon's pivot hasn't been going so well. The company's Go90 video platform, which was supposed to be the cornerstone of the company's effort, recently fell flat on its face after Verizon spent $1.2 billion on the effort. And the company's Oath ad network, the combination of AOL and Yahoo, hasn't been doing much better.Undaunted, Verizon's back again with a new effort nobody asked for. The company this week launched a new privacy-centric browser it's calling OneSearch. According to a Verizon press release, this is all just part of Verizon's "commitment to transparency and privacy," and a reflection of the way the company has led the industry on privacy "for decades":

This week, our first place winner on the insightful side is a quick response from Joe Cool to California Assemblywoman Lorena Gonzalez's comment that "in a perfect world" all workers would be unionized:

Five Years AgoThis week in 2015, New York's top prosecutor was jumping into the war on smartphone encryption alongside UK Prime Minister David Cameron who appeared to express a desire to undermine all encryption, while President Obama announced a broad plan for "securing cyberpsace" that looked an awful lot like a law enforcement wish-list — all despite the fact that a leaked internal intelligence community document revealed recommendations for stronger and more encryption. And the NSA was apologizing for backdooring encryption, but in a "sorry we got caught" kind of way.Ten Years AgoThis week in 2010, we highlighted an excellent open letter to rock stars telling them to stop pretending they are fighting for up-and-coming artists with their copyright demands and anti-internet rhetoric. Marvel was trying to downplay Josh Kirby's work as part of the copyright termination fight, one school was trying to claim copyright over lesson plans while another was considering an anti-piracy campaign inspired by anti-drug campaigns, Grooveshark was sued yet again so negotiation-by-lawsuit could continue, and France's three strikes agency was caught pirating a font. But one big surprise was that the administrator of the OiNK torrent tracker, after explaining why he believed his system was legal, was found not guilty by the jury in a rare win sensible copyright.Fifteen Years AgoThis week in 2005, in a similar nice surprise, a file sharing network in South Korea was left alone by the courts. And who would think it was the head of Blockbuster Video in the UK who would be getting the right idea about how Hollywood needs to innovate if it wants to fight piracy. A new spam tactic was causing problems for the DNS system, company IT departments were struggling with what to do about personal devices, and paid search keywords were becoming a major public relations battleground. This was also the week that Apple released the first Mac Mini and the iPod Shuffle.

Let's talk about nuisance abatement laws. These are laws cities can use to shut down businesses that appear to draw more than their fair share of the criminal element.If you're a fan of asset forfeiture, you'll love nuisance laws. By abdicating their law enforcement responsibilities, cities can have their lower cost cake and eat your property too. It's win-win for cities, who love to use laws like this to effectively seize property from citizens who have the misfortune to operate legitimate businesses in high crime areas.Here's how it works in Dallas, Texas. The city says business owners must pay for their own security devices and personnel to keep their businesses free of criminals. No business will be compensated for these additional costs. All cops need to do is throw a couple of placards at the business and the city takes it from there. Criminal activity in the area is now the responsibility of businesses in the area. Can't get criminals to get off your property? Too bad. It's the city's property now.

Let's talk about nuisance abatement laws. These are laws cities can use to shut down businesses that appear to draw more than their fair share of the criminal element.If you're a fan of asset forfeiture, you'll love nuisance laws. By abdicating their law enforcement responsibilities, cities can have their lower cost cake and eat your property too. It's win-win for cities, who love to use laws like this to effectively seize property from citizens who have the misfortune to operate legitimate businesses in high crime areas.Here's how it works in Dallas, Texas. The city says business owners must pay for their own security devices and personnel to keep their businesses free of criminals. No business will be compensated for these additional costs. All cops need to do is throw a couple of placards at the business and the city takes it from there. Criminal activity in the area is now the responsibility of businesses in the area. Can't get criminals to get off your property? Too bad. It's the city's property now.

You may recall that last summer we wrote about how American aviation legend Chuck Yeager decided to sue Airbus when the company mentioned the fact that Yeager broke the sound barrier in marketing material. Yeager's lawyer is Lincoln Bandlow, who has spent much of the past few years as a copyright troll after a formerly respectable career in which he once touted himself a free-speech fighter. His complaint, however, served mostly as comedic material. There were claims of trademark infringement and violation of Yeager's publicity rights. Neither made much sense, as repeating a historical fact, even in marketing material, does not constitute either violation and is clearly protected speech. It was only a matter of time before Airbus responded and now we have that response.Airbus is apparently seeking dismissal by the court on two grounds. The first, and least interesting, is on jurisdictional grounds, as you can read in the filing (which other news sites seem not to have included for reasons beyond me).

Attorney General William Barr and his DOJ and FBI have really ramped up their bullshit campaign against the public being able to use encryption. President Trump himself weighed in himself with some ignorant statements, suggesting that Apple owes him some sort of quid pro quo, because his policies may have helped them on trade:

Michael Leidig, the owner of Central European News, wasn't thrilled BuzzFeed called him the "King of Bullshit News" in a 2015 article. The BuzzFeed investigation dug into CEN's publishing business and found the company did nothing more than generate a steady stream of salacious and rarely plausible "news" stories, which were then picked up by other "news" agencies (Mirror, Sun, etc.) less concerned with accurate reporting than with racking up page views.

The Google Cloud Platform is not the most popular cloud offering out there (hello AWS!) but it may be the best cloud offering for high-end machine learning applications. That's because TensorFlow, the extremely popular deep learning technology is also from Google. The Complete Google Data Engineer and Cloud Architect Guide will help put you on track to become a Google Data Engineer or Cloud Architect. It's on sale for $15.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.

Joe Biden is the latest Democratic candidate for President interviewed by the NY Times editorial board, and if you're interested in tech policy, well, it's a doozy. Biden seems confused, misinformed, or simply wrong about a lot of issues from free speech to Section 230 to copyright to video games. It's really bad. We already knew he was on an anti 230 kick when he gave a confused quote on it late last year, but for the NY Times he goes even further:

Remember cord cutting? The trend that cable and broadcast execs and countless sector analysts spent years claiming either wasn't real, didn't matter, or would most certainly end once Millennials started procreating? It set records in 2019, and despite some wishful thinking among cable TV executives, there's no real sign that the trend is going anywhere thanks to the continued rise of new streaming services.While many cable companies have simply doubled down on the behavior that brought them to this point (price hikes and comically terrible customer service), there are some indications that other companies are finally starting to listen. Like Verizon, which last week introduced a number of new internet and cable TV packages that eliminate the long-term contract entirely, and at least make a fleeting effort to cut down on hidden fees:

Six years ago, when Techdirt first started writing about the investor-state dispute system (ISDS) -- or corporate sovereignty as we prefer to call it -- it was largely unknown outside specialist circles. Since then, more people have woken up to the power of this apparently obscure element of international trade and investment deals. It essentially gives a foreign company the ability to threaten to sue a nation for millions -- even billions -- of dollars if the latter brings in new laws or regulations that might adversely affect an investment. The majority of corporate sovereignty cases have been brought by the extractive industries -- mining and oil. That's not least because many of the laws and regulations they object to concern environmental and health issues, which have come to the fore in recent years. New legislation designed to protect local communities might mean lower profits for investors, who then often threaten to use ISDS if they are not offered compensation for this "loss".Big tech companies, for all their real or supposed faults, have not turned to corporate sovereignty as a way of bullying small countries -- until now. En24 News reports that Uber is threatening to invoke corporate sovereignty in a dispute with Colombia. According to Uber:

It's been a while since we last wrote about the New York City Metropolitan Transportation Authority (MTA), but in the past, it's always been for incredibly stupid reasons. There was the time it claimed it owned the facts of its schedule and went after someone who created a better scheduling app. There was the time it claimed that its "unlimited rides" card really meant no more than 90 rides. We didn't write about this other one, but a few years back, the MTA actually sued a bagel place for calling itself "F Line Bagels." And now we have it filing an incredibly questionable copyright takedown notice over someone making a nicer subway map.The NYC Subway map is fairly iconic, but that has never stopped people from making their own variations. Indeed, making new subway maps of NYC and many other metropolitan train systems is something many people do (there's even a -- somewhat addictive and amazingly fun -- subway map design simulation game called Mini Metro). Jake Berman is one of many people who redesigned the NYC subway map, after getting upset with the official MTA subway map. His map is consider so useful compared to the official one, that the Wikipedia page for the NYC subway map shows his directly next to the official map:That's Berman's map on the left there. And he has it in a few places, including Etsy. And for unclear reasons, the MTA sent a copyright infringement takedown notice over the map. The Vice article, linked above, includes one of the best quotes ever about this kind of thing from copyright lawyer Thomas Kjellberg:

Stupid, needless trademark oppositions achieve a whole lot of things that make me angry. It allows Monster Energy to trot around the globe pretending it has trademark rights that it absolutely does not. It allows people to try to make trouble for businesses just to be pains in the ass. And it allows large, global brands to bully smaller entities under the guise that they must police trademarks or risk losing them.Still, those that know me best will know that I will not countenance anyone or anything getting in the way of something clever and funny. And that's now what one trademark opposition may do, as a Cleveland Indians pitcher with a famous last name has had his attempt to trademark the term "Not Justin" opposed.

It really wasn't that long ago that Rep. Devin Nunes was a co-sponsor of the Discouraging Frivolous Lawsuits Act. Of course, since then, he's been filing a whole bunch of frivolous lawsuits against news organizations, journalists, political operatives, critics, and, most famously, a satirical internet cow.At times he's admitted that these lawsuits are about fishing for journalist's sources, but it certainly seems pretty clear that this is all an intimidation campaign, by a silly little man who is an elected representative in Congress and simply can't handle criticism. Of course, as more evidence comes out that, at the very least, suggests that Nunes is somehow tied up with all of the mess around impeachment -- including reports revealing that the indicted Lev Parnas spoke by phone with Nunes -- he seems to be getting more and more upset with anyone calling him out.The latest is that fellow California Representative Ted Lieu noted on Twitter that Nunes' lawyer sent him a letter threatening to sue Lieu for saying "that Nunes conspired with Parnas."

Nothing amps up your productivity like working with two screens, but computer monitors can be crazy expensive and tend to take up a ton of space. Thankfully, you don't need a full desktop setup to work with multiple screens on the go — the DUEX Pro Portable Dual 1080p Monitor lets you enjoy dual screen functionality anywhere, anytime. The DUEX Pro is a completely portable dual-screen laptop accessory that helps boost your productivity and allows for efficient multitasking. It's simple to use and provides flexible rotation and dual-sided sliding with 270-degree rotation, as well as the option for a 180-degree presentation mode. DUEX Pro is lightweight, energy efficient, and incredibly durable. Just attach the DUEX Pro to the back of any laptop, and you're ready to work wherever you are. It's normally on sale for $249 but with coupon code SAVEDUEXPRO you can get it for $179.35.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.