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We've been pretty critical of federal surveillance powers going back, well, as long as we can remember. And while Trump's biggest supporters like to insist that FISA warrant abuses were some sort of new thing that were just used against his campaign in a politically motivated manner, the reality is that it's just been standard operating procedures for the FBI to abuse the same "backdoor warrants" that were first revealed in 2013, but go back years before that. While, yes, the problems with the Carter Page surveillance were concerning, they were no more concerning than tons of other crap the FBI has done in making use of so-called backdoor warrants to surveil tons of Americans without cause.Indeed, just this morning we were writing about how the FBI couldn't even bother to meet the most basic procedural requirements regarding the use of these backdoor searches, and violated the Constitution over and over and over again in sniffing through this huge corpus of data.Now, you might hope that even as we've had a new rash of misleading "deep state" complaints from Trump and his fans over the past few days, the government might actually look to pull back on the authorities granted to the DOJ/FBI to spy on Americans this way, but it appears that (of course) the opposite is happening. A draft bill to renew FISA powers would expand the FBI's ability to conduct warrantless backdoor surveillance of Americans by snarfing their way through NSA collections of data.Indeed it appears that, rather than enabling these backdoor searches through, let's just say, creative interpretation of the words in the law, the new amendment would explicitly allow such searches.

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.And with the world shifting toward a "service as a subscription" model for everything, the products you buy can also suddenly cost you far more than the original value proposition suggested. Users who spent money to outfit their home with hardware from Wink learned this the hard way, when the company suddenly announced users would need to start paying a $5 per month subscription fee if they wanted the company's "smart" home products to keep working.According to a company blog post, users who don't pay the fee will "no longer be able to access your Wink devices from the app, with voice control or through the API," and all automations will be disabled on May 13. The blog post also attempts to explain that because the company doesn't rampantly monetize your personal data (something it's routinely hard for consumers to verify), the fee is necessary to keep the lights on:

The Intelligence Community's latest transparency report [PDF] contains even more evidence of the FBI's inability to follow the law when helping itself to the NSA's collections. The infamous "backdoor searches" of the NSA's Section 702 collections -- which sweep up millions of electronic communications every year -- have always been a problem for the FBI. (But it's a problem the FBI likely doesn't mind having.)Communications and data related to US persons are supposed to be minimized before being accessed by the FBI. The FBI may have permission to access this collection, but the impossible-to-stop "incidental" collection of US persons' communications means the FBI is supposed to use warrants when searching the data using US person queries. This mandate only applies to certain cases: criminal investigations not related to national security. The built-in minimization procedures are supposed to take care of the rest of the agency's backdoor searches, supposedly ensuring the FBI can't use a foreign-facing communications collection to spy on Americans.In practice, this almost never works. It certainly didn't work in every case listed in the ODNI's latest report. Elizabeth Goitein, writing for Just Security, says the report contains more depressing admissions from the FBI. Every time the FBI has accessed US persons communications in cases where it's required to get a warrant, it hasn't bothered to get a warrant.

As a result of the COVID-19 pandemic, we have been discussing for some time that esports is having itself a moment. The reason for that is obvious: there is an enormous vacuum that has been left by IRL leagues shutting down throughout the world. That vacuum is easily filled by esports that don't rely on sweaty people rubbing up against each other in order to pull off the same style of competition. It's all gotten big enough that the gamblers are now involved, along with most of the major sports leagues.So what more indication can there be that esports is filling the IRL sports void during this nightmare? Well, how about at least one national sports league deciding its championship via esports standins while the league is shut down?

For as long as people have been driving, cops have been imagining reasons to pull them over and coerce them into "voluntary" searches. The Supreme Court's Rodriguez decision (sort of) put an end to extended stops -- the ones that start with a perceived violation that's dragged out until a drug dog arrives. Unfortunately, that decision only removed part of the equation. The Supreme Court's Heien decision made it possible for cops to rely entirely on pretext to engage in fishing expeditions by saying cops only had to think they witnessed a traffic violation, rather than actually be accurate about the laws they're tasked with enforcing.Cops are still trying to bring drug dogs to routine traffic stops. The Rodriguez decision is generally taken to mean cops just need to be quicker about rustling up a K-9 unit. Cops love drug dogs because they allow cops to perform the warrantless searches they want to perform. The drug dog's handler can call literally any movement by the dog an "alert," turning normal dog behavior into "probable cause" for a search. It doesn't help that the dogs are rewarded for every alert and given no positive reinforcement for failing to find anything interesting.Courts have historically been willing to cut drug dogs as much slack as they cut their law enforcement officer handlers. Subjective interpretations of anything an animal does to please its master is considered close enough to Fourth Amendment compliance to justify warrantless searches. Every so often, a court will question the reliability of the dog or the intent of its handler, but those are anomalies.This case, via FourthAmendment.com, is an amazing anomaly. Not only did the court choose to hear from experts on drug dog training and handling, it actually went so far as to call into question the reliability of every drug dog in the state.The suppression order [PDF] contains a subheading rarely seen in federal court decisions:

The NY Times had a report over the weekend about how the US government was gearing up to accuse China of using cyberattacks to get at COVID-19 vaccine data:

You can take the stop-and-frisk out of the NYPD, but you can't remove the biased policing, as the old saying goes. The NYPD may have been forced to stop pushing every minority up against the nearest wall/fence/cop car after a federal court determined this to be a violation of their rights, but they're apparently continuing to enforce laws very selectively.

Facebook seems to really dislike it when people refer to its Oversight Board as the Facebook Supreme Court, but it's just too good a name not to use. The company announced plans a while back to create this Oversight Board to review a narrow slice of its moderation decisions. As I discussed two years ago when such an idea was floated, people all over the place freaked out mainly because they hate Facebook so anything associated with Facebook must automatically be deemed bad and evil.But, in reality, I still believe that we should view this as an interesting experiment in actually letting go of some moderation powers. That is not to say that Facebook will necessarily do a good job, but I'm perplexed by the people who seem so angry about this board because they hate Facebook, when the whole setup is that this is Facebook removing some amount of autonomy over its own moderation decisions. For people who were already angry at Facebook's content moderation decision making, you'd think they'd support moving those decisions at least a quarter-step away from Facebook's own control.Last week, Facebook finally announced the original Oversight Board members and the board itself put out its own announcement combined with a NY Times op-ed from the four "co-chairs" of the board: Catalnia Botero-Marino, Michael Mcconnell, Jamal Greene, and Helle Thorning-Schmidt.There are legitimate reasons to criticize and worry about the board -- as we discussed in a podcast last year -- there remain concerns about how much power the board will actually have, and how independent it will really be. Facebook has tried to alleviate those concerns by the structure of the Oversight Board, in which Facebook did commit to funding the trust that will pay for the oversight board, so Facebook can't magically yank the funding. And while Facebook did pick those four co-chairs mentioned above, the chairs then picked all the remaining members by themselves. And, as the chairs themselves noted, some of them have been quite critical of Facebook's decision-making in the past. Facebook has no ability to remove any board member.A more reasonable criticism of the board is that it's very limited in scope and power. It will only review a very narrow set of moderation concerns. The board chairs note that they will try to choose more consequential cases to review:

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This is the first good news we've heard from Clearview since its exposure by Kashmir Hill for the New York Times back in January. In response to a lawsuit filed against it in Illinois accusing it of breaking that state's privacy laws with its scraping of images and personal info from a multitude of social media platforms, Clearview has announced it's cutting off some of its revenue stream.

We've noted for a while that the "race to 5G" is largely just the byproduct of telecom marketing departments and lobbyists hoping to spur lagging smartphone sales and scare lawmakers into obedience. Yes, fifth-generation wireless (5G) is important in that it will provide faster, more resilient networks when it's finally deployed at scale years from now. But the society-altering impacts of the technology are extremely over-hyped, availability has been dramatically overstated, and even if it was a "race," our broadband maps are so terrible (by industry design) it would be impossible to actually determine who won.Even if you still want to view 5G as a race, there's very little indication we're actually winning it.A new study by OpenSignal looked at crowdsourced 5G network performance data around the world, and included this telling chart comparing US 5G speeds to the rest of the world:Sure, doubling 4G speeds isn't nothing. But it's sure as hell not the society-transforming technology we've been repeatedly promised. And in stark contrast to a lot of rhetoric about US 5G supremacy coming from the telecom sector and its BFFs at the Trump FCC, the data so far is aggressively disappointing.Why is the US lagging behind other nations? One, because while 5G is wireless, you still need fiber fueling towers and providing backhaul country wide. But like so many aspects of US broadband, the companies that feed cell towers enjoy a very comfortable monopoly in most markets. A monopoly protected and propped up by the captured Trump FCC. Thanks to monopoly power and regulatory capture, the incentive just isn't there to deploy fiber anywhere it doesn't make the most immediate sense from an ROI perspective. Limited competition, spotty fiber, captured regulators, slower speeds.The other problem, as the study explains, is US spectrum policy failure. Whereas many foreign countries have worked overtime to free up valuable, faster mid-band spectrum for public use, the US has lagged well behind on this front. The biggest holders of said spectrum are the Department of Defense and a handful of corporations, neither of which the FCC has had the courage to meaningfully pressure. It was something FCC Commissioners like Jessica Rosenworcel complained about just last year.Instead, we've relied heavily on low spectrum bands (decent at providing service at range but not much faster than 4G), or high-band, millimeter wave (mmWave) spectrum (which offers very fast speeds in select urban areas, but suffers from distance and wall penetration issues). The result is 5G networks that are offering a fraction of the speeds seen elsewhere around the world, Open Signal notes:

This week, we've got a double-winner on the insightful side with Thad taking both the top spots. In first place, it's a simple, often-useful reply to (in this instance) Amazon's ability to take away movies people have "bought":

Five Years AgoThis week in 2015, the big fight between Floyd Mayweather and Manny Pacquiao was overshadowed in some circles by the resultant fight between Hollywood and Periscope streaming, which quickly led to a worryingly broad restraining order. Meanwhile, the new IP Czar kicked off his tenure with a very concerning speech, the EU was examining whether linking to infringing material is infringing, and Keurig was cautiously backing down from its foray into coffee DRM. We also saw an important win in one appeals court with a ruling that the NSA's bulk records collection was not authorized by the PATRIOT act, but a loss in another circuit with a ruling saying that warrantless phone tracking falls under the third party doctrine and doesn't violate the 4th amendment.Finally, in the midst of a lockdown, while Fortnite launches a no-combat mode and folks who play Animal Crossing are engaged in a sweeping economic drama over the price of virtual turnips, it seems like high time to revisit this post about the "video game" being replaced with the "living game world".Ten Years AgoThis week in 2010, Congress was busy wrestling over exactly which digital technologies its members are allowed to use, we were questioning why warrantless wiretapping is even necessary when warrant requests never get rejected, and the latest already-ruined attempt at patent reform entering new territory, a Rupert Murdoch property was yet again caught hypocritically engaging in evil "aggregation", and a UK court ruled that sports schedules could somehow be covered by copyright. This was also the week the FCC finally gave the unfortunate go-ahead for selectable output control.Fifteen Years AgoThis week in 2005, a mystery patent buyer who prevented a bunch of patents from falling into the hands of Intellectual Ventures was revealed to be Novell making a defensive move. AOL flagged a bunch of official government emergency alerts as spam and tried to awkwardly stand by the error. Opponents of open source were latching onto the silly idea that it's somehow illegal, while fans of DRM were latching onto the equally silly idea that it could be made universal, interoperable, and effective. And the MPAA had somehow convinced the Boy Scouts in Hong Kong to start offering up a new intellectual property badge for scouts who sufficiently absorb Hollywood propaganda.

There has been a lot of talk about how this moment in history is going to be remembered -- and as Professor Jay Rosen has been saying, a key part is going to be an effort by the many people who failed to respond properly to rewrite the history of everything that happened:

Six months ago, which feels like roughly an eternity at this point, we discussed how Jerry Seinfeld and others won an absolutely ludicrous copyright suit filed against them by Christian Charles, a writer and director Seinfeld hired to help him create the pilot episode of Comedians In Cars Getting Coffee. What was so strange about the case is that this pilot had been created in 2012, whereas the lawsuit was only filed in 2018. That coincides with Seinfeld inking a lucrative deal with Netflix to stream his show.It's not the most well known aspect of copyright law, but there is, in fact, a statute of limitations for copyright claims and it's 3 years. The requirement in the statute is that the clock essentially starts running once someone who would bring a copyright claim has had their ownership of a work disputed publicly, or has been put on notice. Seinfeld argued that he told Charles he was employing him in a work-for-hire arrangement, which would satisfy that notice. His lawyers also pointed out that Charles goes completely uncredited in the pilot episode, which would further put him on notice. The court tossed the case based on the statute of limitations.For some reason, Charles appealed the ruling. Well, now the Court of Appeals has affirmed that lower ruling, which hopefully means we can all get back to not filing insane lawsuits, please.

Senator Richard Burr's potential insider trading issues, for which he's being investigated, may have gotten quite a bit worse this week. A new report notes that on the same day Burr sold off a "significant percentage" of his stock holdings (while also telling the public not to worry about COVID-19), it turns out his brother-in-law just coincidentally decided to dump a bunch of stock too. Amazing!

You may recall in the early days of the pandemic, that pharma giant Gilead Sciences -- which has been accused of price gouging and (just last year!) charging exorbitant prices on drug breakthroughs developed with US taxpayer funds -- was able to sneak through an orphan works designation for its drug remdesevir for COVID-19 treatment. As we pointed out, everything about this was insane, given that orphan works designations, which give extra monopoly rights to the holders (beyond patent exclusivity), are meant for diseases that don't impact a large population. Gilead used a loophole: since the ceiling for infected people to qualify for orphan drug status is 200,000, Gilead got in its application bright and early, before there were 200,000 confirmed cases (we currently have over 1.3 million). After the story went, er... viral, Gilead agreed to drop the orphan status, realizing the bad publicity it was receiving.After a brief dalliance with chloroquine, remdesivir has suddenly been back in demand as the new hotness of possible COVID-19 treatments. Still, a close reading of the research might give one pause. There have been multiple conflicting studies, and Gilead's own messaging has been a mess.

Well, this one hits the sweet spot of topics I keep trying to demonstrate: both a Streisand Effect and Masnick's Impossibility Theorem. As you may have heard, a group of Republican political consultants and strategists, who very much dislike Donald Trump, put together an effort called The Lincoln Project, which is a PAC to campaign against Trump and Trumpian politics. They recently released an anti-Trump campaign ad about his terrible handling of the COVID-19 pandemic, called Mourning in America, which is a reference to Ronald Reagan's famous Morning in America campaign ad for the 1984 Presidential election. The new ad is, well, pretty powerful:And while it's unlikely to convince Trump fans deep into their delusions, it certainly got under the President's skin. He went on one of his famous late night Twitter temper tantrums about the ad, and later lashed out at the Lincoln Project when talking to reporters. He was super, super mad.And what did that do? Well, first it got the ad a ton of views. Earlier this week, one of the Lincoln Project's founders, Rick Wilson, noted that the ad had already received 15 million views across various platforms in the day or so since the ad had been released. Also, it resulted in the Lincoln Project getting a giant boost in funding:

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The EARN IT Act is dangerous. It threatens speech on the internet and tech companies' ability to provide secure communications for their users. There may not be anything about encryption in the dry text of the bill, but the threat is there all the same. No one knows what "best practices" the law will demand from online services, but the bill's focus on child porn strongly suggests any platform that "allows" this information to be transmitted using encrypted communications will be targeted by the government.Bill Barr and Chris Wray have made it clear encryption is the enemy. Both have advocated for encryption backdoors, even if they're both too cowardly to use that term. No one thinks the government and service providers shouldn't do all they can to prevent the sharing of child porn, but undermining encryption isn't the solution. It may shield some child porn producers and consumers from detection, but the government's efforts in this area show encryption hasn't posed much of a problem to investigators and prosecutors.Encryption protects people who aren't criminals. As Runa Sundvik explains for TechCrunch, targeting encryption via the EARN IT Act also threatens some of the foremost beneficiaries of the First Amendment: journalists.

A few weeks ago, the US telecom industry began pushing a bullshit narrative through its usual allies. In short, the claim revolves around the argument that the only reason the US internet still works during a pandemic was because the Trump FCC ignored the public, ignored most objective experts, and gutted itself at the behest of telecom industry lobbyists. The argument first popped up over at AEI, then the Trump FCC, then the pages of the Wall Street Journal, and has since been seen in numerous op-eds nationwide. I'd wager that's not a coincidence, and I'd also wager we'll be seeing a lot more of them.All of the pieces try to argue that the only reason the US internet works during a pandemic is because the FCC gutted its authority over telecom as part of its "restoring internet freedom" net neutrality repeal. This repeal, the story goes, drove significant investment in US broadband networks (not remotely true), resulting in telecom Utopia (also not true). The argument also posits that in Europe, where regulators have generally taken a more active role in policing things like industry consolidation and telecom monopolies, the internet all but fell apart (guess what: not true).Usually, like in this op-ed, there's ample insistence that the US broadband sector is largely wonderful while the EU has gone to hell:

This seems to be something of a thing. Our last "Tales From the Quarantine" post focused on how television celebrities had taken to offering people help on Twitter with their virtual home decor in the latest Animal Crossing game. This post also involves Animal Crossing, but in a much more direct way. Due to the COVID-19 pandemic, there are enormous numbers of people who have suddenly found themselves without jobs or regular income. And, so, they've turned to irregular sources of income instead.Ars Technica has an interesting interview with one of many people who have taken to the internet to indirectly sell Animal Crossing's "bells", the currency of the game.

The coronavirus pandemic and its associated lockdown in most countries has forced major changes in the way people live, work and study. Online learning is now routine for many, and is largely unproblematic, not least because it has been used for many years. However, online testing is more tricky, since there is a concern by many teachers that students might use their isolated situation to cheat during exams. One person's problem is another person's opportunity, and there are a number of proctoring services that claim to stop or at least minimize cheating during online tests. One thing they have in common is that they tend to be intrusive, and show little respect for the privacy of the people they monitor.As an article in The Verge explains, some employ humans to watch over students using Zoom video calls. That's reasonably close to a traditional setup, where a teacher or proctor watches students in an exam hall. But there are also webcam-based automated approaches, as explored by Vox:

Kelly Loeffler is, by far, the wealthiest elected official in Congress, with an estimated net worth of half a billion dollars (the second wealthiest is Montana Rep. Greg Gianforte (famous for his body slamming a journalist for asking him a question and then lying to the police about it)). Loeffler may be used to getting away with tearing up the red tape in her previous life, but in Congress, that often looks pretty corrupt. In just the last few months since she was appointed, there were concerns about her stock sales and stock purchases, which seemed oddly matched to information she was getting during briefings regarding the impact of COVID-19. She has since agreed to convert all her stock holdings to managed funds outside of her control (something every elected official should do, frankly).Now, the NY Times is noting another form of what we've referred to as "soft corruption" -- moves that might technically be legal, but which sure look sketchy as hell to any regular non-multimillionaire elected official. In this case, Senator Loeffler received what was, in effect, a gift worth $9 million from her former employer, Intercontinental Exchange (the company that runs the NY Stock Exchange, and where her husband is the CEO).The key issue was that since she was leaving the job to go join the Senate, she had a bunch of unvested stock. For normal people, if you leave a job before your stock vests, too bad. That's the deal. The vesting period is there for a reason. But for powerful, rich people, apparently the rules change. Intercontinental Exchange changed the rules to grant her the compensation that she wasn't supposed to get, because why not?

A couple of months ago, a records request revealed a private surveillance contractor had access to nearly every piece of surveillance equipment owned and operated by the state of Utah. Banjo was the company with its pens in all of the state's ink. Banjo's algorithm ran on top of Utah's surveillance gear: CCTV systems, 911 services, location data for government vehicles, and thousands of traffic cameras.All of this was run through Banjo's servers, which are conveniently located in Utah government buildings. Banjo's offering is of the predictive policing variety. The CEO claims its software can "find crime" without any collateral damage to privacy. This claim is based on the "anonymization" of harvested data -- a term that is essentially meaningless once enough data is collected.This partnership is now on the rocks, thanks to an investigation by Matt Stroud and OneZero. Banjo's CEO, Damien Patton, apparently spent a lot of his formative years hanging around with white supremacists while committing crimes.

COVID-19 has shone a very bright light on the importance of widely available, affordable broadband. Nearly 42 million Americans lack access to any broadband whatsoever--double FCC estimates. And millions more can't afford service thanks to a lack of competition among very powerful, government pampered telecom monopolies.As usual, with political pressure mounting to "do something," DC's solution is going to be to throw more money at the problem:

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For well over a decade we've talked about the many problems that arise when copyright is compared to "property" -- and people try to simply move over concepts from physical, tangible property into the world of digital. A key aspect of this: when you "purchase" something digital online, is it really a "purchase" or is it a "license" (especially a license that could be revoked)? If it was a true "purchase" then you should own it and the seller shouldn't be able to take it back. But in practice, over and over and over again, we've seen stories of people having things they supposedly "bought" disappear. The situation is so crazy that we've referred to it as Schrödinger's Download, in that many copyright holders and retailers would like the very same thing to be a "sale" some of the time, and a "license" some of the time (the "times" for each tend to be when it hurts the consumers the most). This has, at times, seeped into physical goods, where they've tried to add "license agreements" to physical products. Or, worse, when some copyright folks claimed that buying a DVD means you don't actually own what you bought, but rather are merely "purchasing access" to the content, and that could be revoked.Anyway, I'm amazed that we don't see more lawsuits about this kind of thing -- but one was recently filed in California. Someone named Amanda Caudel is suing Amazon for saying that you've "purchased" a video download, which Amazon might disappear from your library whenever it wants. As the lawsuit makes clear, Amazon directly says that you are buying the movie (as opposed to renting it). From the lawsuit filing itself:And, they point out, in your account there's a listing of "Your Video Purchases & Rentals." But, the lawsuit claims, what you purchase doesn't seem to behave like a real purchase:

Last week AT&T CEO Randall Stephenson stepped down after his $150 billion bid to dominate the video advertising space fell flat on its face. Stephenson's tenure was plagued by no shortage of scandals, though it was his failures on the TV front that likely cost him his comfy seat as one of the highest paid executives in America.After spending $150 billion on several dubious megamergers (most notably the 2015 purchase of a satellite TV provider DirecTV), Stephenson saddled the company with an ocean of debt. So much debt it was forced to raise rates on customers in the middle of one of the biggest transformational shifts in the TV sectors in decades (cord cutting and the rise of streaming video). And while Stephenson deserves credit for at least trying to get out ahead of the trend, his tenure was pockmarked by a long line of dubious decisions that directly contributed to the company losing more than 3.2 million pay TV subscribers last year alone.But Stephenson's replacement, AT&T executive John Stankey, doesn't seem much better. In a profile piece last week, Bloomberg described fairly idiotic and cocky recent comments by Stankey as "blunt." Among them was the claim that "nobody knows as much about TV as me," and the insistence that those who don't subscribe to AT&T's confusing assortment of discount TV streaming services must certainly be stupid:

The government loves its secrets. It loves them so much it does stupid things to, say, "secure the nation..." or "protect the integrity of deliberative processes" or whatever the fuck. We should not trust the government's reasoning when it chooses to redact information from documents it releases to FOIA requesters. These assertions should always be challenged because the government's track record on redactions is objectively awful.Here's the latest case-in-point: Emma Best -- someone the government feels is a "vexatious" FOIA filer -- just received a completely stupid set of redactions from the Secret Service. Best requested documents mentioning darknet market Hansa, which was shut down (along with Alpha Bay) following an investigation by US and Dutch law enforcement agencies.The documents returned to Best contained redactions. This is unsurprising given the nature of the investigation. What's surprising is what the Secret Service decided to redact. As Best pointed out on Twitter, the Secret Service decided public press releases by the DOJ were too sensitive to be released to the general public.

I'm lucky enough to own a decades old Nintendo 64 and a handful of games, including the classic Mario 64. My kids love that game. Still, the first thing they asked when I showed it to them the first time is why the screen was letterboxed, why the characters looked like they were made of lego blocks, and why I needed weird cords to plug it all into the flat screen television. The answer to these spoiled monsters' questions, of course, is that the game is super old and wasn't meant to be played on modern televisions. It's the story of a lot of older games, though many PC games at least have a healthy modding community that will take classics and get them working on present day hardware. Consoles don't have that luxury.Well, usually, that is. It turns out that enough folks were interested in modernizing Mario 64 that a group of fans managed to pull off porting it to PC. And, because this is a port and not emulation, they managed to update it to run in 4k graphics and added a ton of modern visual effects.

One of the key points we've been making concerning Attorney General William Barr and his DOJ's eager support for the terrible EARN-IT Act, is that much of it really seems to be to cover up the DOJ's own failings in fighting child porn and child exploitation. The premise behind the EARN IT Act is that there's a lot of child exploitation/child abuse material found on social media... and that social media companies should do more to block that content. Of course, if you step back and think about it, you'd quickly realize that this is a form of sweeping the problem under the rug. Rather than actually tracking down and arresting those exploiting and abusing children, it's demanding private companies just hide the evidence of those horrific acts.And why might the DOJ and others be so supportive of sweeping evidence under the rug and hiding it? Perhaps because the DOJ and Congress have literally failed to live up to their mandates under existing laws to actually fight child exploitation. Barr's DOJ has been required under law to produce reports showing data about internet crimes against children, and come up with goals to fight those crimes. It has produced only two out of the six reports that were mandated over a decade ago. At the same time, Congress has only allocated a very small budget to state and local law enforcement for fighting internet child abuse. While the laws Congress passed say that Congress should give $60 million to local law enforcement, it has actually allocated only about half of that. Oh, and Homeland Security took nearly half of its "cybercrimes" budget and diverted it to immigration enforcement, rather than fighting internet crimes such as child exploitation.So... maybe we should recognize that the problem isn't social media platforms, but the fact that Congress and law enforcement -- from local and state up to the DOJ -- have literally failed to do their job.At least some elected officials have decided to call the DOJ's bluff on why we need the EARN IT Act. Led by Senator Ron Wyden (of course), Senators Kirsten Gillbrand, Bob Casey, Sherrod Brown and Rep. Anna Eshoo have introduced a new bill to actually fight child sex abuse online. Called the Invest in Child Safety Act, it would basically make law enforcement do its job regarding this stuff.

Given all we know about facial recognition tech, it is literally jaw-dropping that anyone could make this claim… especially without being vetted independently.

You may have seen the news reports this week that German prosecutors have issued an arrest warrant for Dmitry Badin for a massive hack of the German Parliament that made headlines in 2016. The reports about the German arrest warrant all mention that German authorities "believe" that Badin is connected to the Russian GRU and its APT28 hacking group.The folks over at Bellingcat have done their open source intelligence investigation thing, and provided a ton of evidence to show that Badin almost certainly is part of GRU... including the fact that he registered his 2018 car purchase to the public address of a GRU building. This is not the first time this has happened. A few years back, Bellingcat also connected a bunch of people to the GRU -- including some accused of hacking by the Dutch government -- based on leaked car registration info.There's much, much more in the Bellingcat report, but the final paragraph really stands out. Bellingcat also found Badin -- again, a hacker who is suspected in multiple massive and consequential hacks, including of email accounts -- didn't seem to be all that careful with his own security:

For years, the Orleans Parish District Attorney's Office in Louisiana issued fake subpoenas to witnesses and crime victims. Unlike subpoenas used in ongoing prosecutions, these were used during the investigation process to compel targets to talk to law enforcement. They weren't signed by judges or issued by court clerks but they did state in bold letters across the top that "A FINE AND IMPRISONMENT MAY BE OPPOSED FOR FAILURE TO OBEY THIS NOTICE."Recipients of these bogus subpoenas sued the DA's office. In early 2019, a federal court refused to grant absolute immunity to the DA's office for its use of fake subpoenas to compel cooperation from witnesses. The court pointed out that issuing its own subpoenas containing threats of imprisonment bypassed an entire branch of the government to give the DA's office power it was never supposed to have.

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Have you heard of Heath Freeman? He's a thirty-something hedge fund boss, who runs "Alden Global Capital," which owns a company misleadingly called "Digital First Media." His business has been to buy up local newspapers around the country and basically cut everything down to the bone, and just milk the assets for whatever cash they still produce, minus all the important journalism stuff. He's been called "the hedge fund asshole", "the hedge fund vampire that bleeds newspapers dry", "a small worthless footnote", the "Gordon Gecko" of newspapers and a variety of other fun things.Reading through some of those links above, you find a standard playbook for Freeman's managing of newspapers:

Back when T-Mobile and Sprint were trying to gain regulatory approval for their $26 billion merger, executives repeatedly promised the deal would create jobs. Not just a few jobs, but oodles of jobs. Despite the fact that US telecom history indicates such deals almost always trigger mass layoffs, the media dutifully repeated T-Mobile and Sprint executive claims that the deal would create "more than 3,500 additional full-time U.S. employees in the first year and 11,000 more people by 2024."About that.Before the ink on the deal was even dry, T-Mobile began shutting down its Metro prepaid business and laying off impacted employees. When asked about the conflicting promises, T-Mobile refused to respond to press inquiries. Now that shutdown has accelerated, with estimates that roughly 6,000 employees at the T-Mobile subsidiary have been laid off as the freshly-merged company closes unwanted prepaid retailers. T-Mobile says the move, which has nothing to do with COVID-19, is just them "optimizing their retail footprint." Industry insiders aren't amused:

Government officials always remind us that the price of order and lawfulness requires us, as a society, to give up some of our privacy and liberty. It shouldn't be that way, but it almost always is.For UK motorists, the exchange rate for orderly motorway traffic is millions of their travel records left exposed on the open internet.

Oscars DVD screeners, the DVDs that get sent out to judges that are up for an award, have been an on again, off again topic for years at Techdirt. These screeners were at one time a very prevalent source for pirated films that showed up on the internet. There was once some irony in the MPAA and film industry insisting that piracy could be solved by tech companies if only they would nerd hard enough, yet here are these screeners going out the doors that supposedly were secure and turned out not to be. It was all bad enough that the MPAA wanted to ban screeners entirely, which pissed off filmmakers enough that the lobbying group ended up having to back down.It turns out that technology actually could solve the film industry's screener DVD piracy problem. With better quality film rips showing up on pirate sites, ripping relatively low-res DVDs became not a thing. Perhaps because of that, alongside the stated desire to be more sustainable, there will be no more Oscars DVD screeners moving forward.

The internet economy runs on data. As of 2019, there were over 4.13 billion internet users generating more than 2.5 quintillion bytes of data per day. By the end of 2020, there will be 40 times more bytes of data than there are stars to observe in space. And all of this data is powering a digital revolution, with the data-driven internet economy already accounting for 6.9% of U.S. GDP in 2017. The internet data ecosystem supports a bustling economy ripe with opportunity for growth, innovation, and profit.There’s just one problem: While user-generated data is the web’s most valuable asset, internet users themselves have almost no control over it. Data storage, data ownership, and data use are all highly centralized under the control of a few dominant corporate entities on the web, like Facebook, Google, and Amazon. And all that data centralization comes at an expensive cost to the ordinary internet user. Today’s internet ecosystem, while highly profitable for a few corporations, creates incentives for major platforms to exercise content censorship over end-users who have nowhere else to go. It is also incompatible with data privacy, insecure against cybercrime and extremely fragile.The web’s fragility in particular presents a big problem for the long-term sustainability of the web: we’re creating datasets that will be important for humanity 1000 years from now, but we aren’t safeguarding that data in a way that is future-proof. Link rot plagues the web today, with one study finding that over 98% of web links decay within 20 years. We are exiting the plastic era, and entering the data era, but at this rate our data won’t outlast our disposable straws.To build a stronger, more resilient and more private internet, we need to decentralize the web by putting users back in control of their data. The web that we deserve isn’t the centralized web of today, but the decentralized web of tomorrow. And the decentralized web of tomorrow will need to last the next 1,000 years, or more.Our team has been working for several years to make this vision of a decentralized web a reality by changing the way that apps, developers, and ordinary internet users make and share data. We couldn’t be doing this today without the InterPlanetary File System (IPFS)—a crucial tool in our toolbox that’s helping us tear down the major technological hurdles to building a decentralized web. To see why, we need to understand both the factors driving centralization on the web today, and how IPFS changes the game.In fact, I want to make a bold prediction: in the next one to two years, we’re going to see every major web-browser shipping with an IPFS peer, by default. This has already started with the recent announcement that Opera for Android will now support IPFS out of the box. This type of deep integration is going to catalyze a whole range of new user and developer experiences in both mobile and desktop browsers. Perhaps more importantly, it is going to help us all safeguard our data for future net-izens.Here’s how:With the way the web works now, if I want to access a piece of data, I have to go to a specific server location. Content on the internet today is indexed and browsed based on where it is. Obviously, this method of distributing data puts a lot of power into the hands of whoever owns the location where data is stored, just as it takes power out of the hands of whoever generates data. Major companies like Google and Amazon became as big as they are by assuming the role of trusted data intermediaries, routing all our internet traffic to and through their own central servers where our data is stored.Yet, however much we may not like “big data” collecting and controlling the internet’s information, the current internet ecosystem incentivizes this kind of centralization. We may want a freer, more private and more democratic internet, but as long as we continue to build our data economy around trusted third-party intermediaries who assume all the responsibilities of data storage and maintenance, we simply can’t escape the gravitational pull of centralization. Like it or not, our current internet incentives rely on proprietary platforms that disempower ordinary end users. And as Mike Masnick has argued in his essay "Protocols, Not Platforms: A Technological Approach to Free Speech", if we want to fix the problems with this web model, we’ll have to rebuild the internet from the protocol layer up.That’s where IPFS comes in.IPFS uses “content-addressing,” an alternative way of indexing and browsing data that is based, not on where that data is, but on what it is. On a content-addressable network, I don’t have to ask a central server for data. Instead, the distributed network of users itself can answer my data requests by providing precisely the piece of data requested, with no need to reference any specific storage location. Through IPFS, we can cut out the data intermediaries and establish a data sharing network where information can be owned by anyone and everyone.This kind of distributed data economy undermines the big data business model by reinventing the incentive structures of web and app development. IPFS makes decentralization workable, scalable and profitable by putting power in the hands of end users instead of platforms. Widespread adoption of IPFS would represent the major upgrade to the web that we need to protect free speech, resist surveillance and network failure, promote innovation, and empower the ordinary internet user.Of course, the decentralized web still needs a lot of work before it is as user-friendly and accessible as the centralized web of today. But already we’re seeing exciting use cases for technology built on IPFS.To get us to this exciting future faster, Textile makes it easier for developers to utilize IPFS to its full potential. Some of our partners are harnessing the data permanence that IPFS enables to build immutable digital archives that could withstand server failure and web decay. Others are using our products (e.g., Buckets) to deploy amazing websites, limiting their reliance on centralized servers and allowing them to store data more efficiently.Textile has been building on IPFS for over three years, and the future of our collaboration on the decentralized web is bright. To escape the big data economy, we need the decentralized web. The improvements brought by IPFS, release after release, will help make the decentralized web a reality by making it easier to onboard new developers and users. As IPFS continues to get more efficient and resilient, its contribution to empowering the free and open web we all deserve will only grow. I can’t wait for the exponential growth we’ll see as this technology continues to become more and more ubiquitous across all our devices and platforms.Carson Farmer is a researcher and developer with Textile.io. Twitter: @carsonfarmer

Back in February, $130 "smart" pet feeders from a company named PetNet simply stopped working. When customers reached out to the company to complain, they hit a complete and total brick wall in terms of functioning customer service. Customers say emails and phone calls weren't returned (or wound up undeliverable), and the company simply refused to answer annoyed customer inquiries on Twitter or Facebook.Fast forward to late March and April and PetNet customers once again complained to outlets like Ars Technica that the company's products didn't work and its customer support was still nowhere to be found. Customers who complained were now being shoveled to a third party contractor with 16 followers on Twitter which, like the company that employed it, didn't appear capable of offering any help:

A few days back I saw a friend share an incredible video on YouTube of a guy in Milwaukee named Wes Tank, rapping Dr. Seuss's "Fox in Sox" over Dr. Dre beats. Even if you think that sounds great, the final result is even better than you expect:That video went super viral and is currently at over 3.5 million views on YouTube. Wes has since been adding more and more Seuss-over-Dre videos to his channel and each one is incredible. Because I can't pick favorites, here are a few. You'll want to watch them all.Since seeing these videos (multiple times), I've read and watched a few different interviews with him and he says he basically came up with this idea on a whim five or so years ago, and did it at a live show, and got a tremendous response. Since then, he's done it a few times and it's a crowd favorite, but he never really had time to make the videos for it until, you know, the pandemic hit and the work he was planning to do with his recently created video production company, TankThink, got put on hold.Of course, as someone who has promoted and supported the concept of mashup or remix culture for decades, this reminded me (yet again) of why being able to do this kind of creativity is so important. Wes himself has talked about the joy and value these videos are creating:

When you lose a lawsuit -- as former Sheriff Joe Arpaio did last year -- you have a few options. Arpaio sued a few news outlets for defamation, alleging their reference to him as a convicted felon had done over $300 million in damage to his pristine reputation.Represented by Larry Klayman, Arpaio came away with a loss. The DC federal court not only said Arpaio failed to state facts pointing to actual malice by the publications, but that Arpaio failed to plead any facts at all. That's classic Klayman lawyering: go light on facts, heavy on rhetoric, and try to avoid being being hit with sanctions and/or having your license suspended for your antics both on and off the court.The correct thing to do when faced with a dismissal is file a motion to amend the lawsuit or petition the DC appeals court for a second look. Arpaio and Klayman did neither of these things. Instead, they dropped one defendant (CNN) and filed essentially the same lawsuit in the same court that had dismissed Arpaio's previous lawsuit with prejudice. (h/t Adam Steinbaugh)Having had its time wasted twice with the same lawsuit, the court isn't happy with Arpaio or his representation. This decision [PDF] is even shorter than the 11-page dismissal Arpaio received on his first pass. The court says there's nothing new here and this isn't the way the court system works -- something Arpaio's lawyer should know but apparently chose to ignore.

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It's been over a year since Devin Nunes kicked off his vexatious campaign to sue various critics. As you probably are aware, in that year he's sued news organizations, journalists, political operatives, critics, and, most famously, a satirical internet cow.Most (though not all) of those lawsuits have been filed in Virginia which has a notoriously weak anti-SLAPP law. He's also filed a lawsuit in Iowa, which has no anti-SLAPP law. He briefly filed one case in California -- which does have an anti-SLAPP law -- but (1) he had his campaign file it rather than himself personally, and then (2) quickly dropped it.The barrage of frivolous, censorial SLAPP suits in Virginia, though, inspired lawmakers there to pass a good anti-SLAPP law, though the two legislative houses were unable to come to an agreement on a consensus version of the law before their brief 2020 legislative session came to an end, though they promised to take it up again in 2021.What's interesting is that in a new article about what happened with the law in the Roanoke Times, it's explained that once the law does hopefully pass next year, it may apply back to Nunes' series of vexatious lawsuits -- meaning he might be on the hook for the legal bills of everyone he sued. Normally, laws cannot apply retroactively, but as the article notes, this wouldn't be about making something illegal retroactively, but rather about making a procedural change to how cases play out, meaning it could apply retroactively:

We've long discussed how the Pai FCC's net neutrality repeal was plagued with millions of fraudulent comments, many of which were submitted by a bot pulling names from a hacked database of some kind. Millions of ordinary folks (myself included) had their identities used to support Pai's unpopular plan, as did several Senators. The Trump FCC stonewalled both law enforcement and journalist inquiries into who was behind the comments, and why the FCC didn't lift a finger to either stop them or to help identify those responsible.Numerous journalists like Jason Prechtel have submitted FOIA requests for more data (server logs, IP addresses, API data, anything) that might indicate who was behind the fraudulent comments, who may have bankrolled them, and what the Pai FCC knew about it. Thanks to that effort, early last year, Gizmodo's Dell Cameron worked with Prechtel to link some of the fake comments to Trump associates and some DC lobbying shops like CQ Roll Call. Then late last year, Buzzfeed's Kevin Collier and Jeremy-Singer Vine showed how, unsurprisingly, the broadband industry funded at least some of the fraudulent efforts.Meanwhile two reporters for the New York Times, Nicholas Confessore and Gabriel Dance, sued the FCC under the Freedom of Information Act after the agency refused to reveal logs that could show the IP addresses used to submit the mass comments. Last week, a Manhattan federal judge hand over copies of the logs to both Confessore and Dance:

NSO Group is not having a great year. At least not on the PR front. The books may be balancing, but its indiscriminate distribution of malware/spyware to questionable governments has been raising eyebrows and blood pressure for years. Now, it's being sued by Facebook for using WhatsApp as its preferred delivery system for malware payloads.These payloads target criminals and national security threats. But -- since NSO doesn't care who it sells to or what they do with its powerful software -- the payloads also target journalists, dissidents, activists, and attorneys. This malware can take over devices, feeding communications and phone contents to government agencies that want to keep an eye on their enemies -- even when their "enemies" are just critics and people who disagree with their policies.But the malware can be used for other reasons, too. Any powerful surveillance tool ultimately ends up being misused. Just ask the NSA. And the FBI. And now, ask NSO, as Joseph Cox has for Motherboard.

Sometimes you turn out to be wrong. When we initially discussed Kawhi Leonard's lawsuit against Nike over the "Klaw" logo, I'd said I was interested to hear Nike's response. That was because my glance at Leonard's description of the history of the logo, one which he created in rough draft form when he was young to one which Nike used as inspiration for the eventual Nike Kawhi shoe logo, it sure seemed like Nike was being hypocritical. After all, Nike has a reputation for being extremely protective of its own intellectual property rights while being rather cavalier with those of others. As a reminder, Leonard created a logo that makes something of a "K" and "L" outlined via the tracing of his own hand. It sure seemed that if that all wasn't unique enough that Nike shouldn't be trying to trademark a version of the logo from under him, what could be?Well, a U.S. District Judge in Oregon appears to disagree. And, given some of the side by side comparisons that Nike brought in its response... perhaps he has a point.