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For decades, big and small telecoms alike have abused the FCC Lifeline program, a fund that's supposed to help subsidize telecom connectivity for low income users. Started by Reagan and expanded by Bush, the fairly modest program doles out a measly $9.25 per month subsidy that low-income homes can use to help pay a tiny fraction of their wireless, phone, or broadband bills (enrolled participants have to chose one). While the program (which you pay into via your telecom bills) has been a subject of fraud, enforcement of abuse hasn't always been consistent.Back in September, the FCC noted that Sprint had been taking taxpayer funds for roughly 885,000 Lifeline customers who were no longer actually using the company's services. The FCC stated that it would be investigating the potential fraud, but hasn't yet announced any actual penalty. This week the Wall Street Journal raised the ante, issuing a report (non-paywalled alternative here) that took a closer look at Sprint documents and found that the problem went much further -- and has been going on for much longer -- than the FCC acknowledged:

We knew the DHS would get to this point eventually. Since the beginning of its biometric scanning program rollout, the DHS has planned on adding US citizens to the list of people forced to trade their faces for air travel privileges. So far, the program has been limited to suspicious foreigners (which is all of them, including those here on visas), but a recent filing -- caught by Zack Whittaker at TechCrunch -- says flying in the United States would soon require adding yourself to the government's facial recognition databases.

Whatever your views on the EU's General Data Protection Regulation (GDPR), there is no denying the impact it has had on privacy around the world. Where the GDPR deals with personal data stored "at rest", the proposed ePrivacy Regulation deals with with personal data "in motion" -- that is, how it is gathered and flows across networks. As Techdirt discussed two years ago, the pushback from Internet companies and the advertising industry against increased consumer protection in this area has been unprecedented. Some details were provided at the time in a report from the Corporate Europe Observatory. Unfortunately, that massive lobbying has paid off. Good ideas in the draft text produced by the European Parliament, like banning encryption backdoors or "cookie walls", have been dropped, as has the right of Internet users to refuse to accept tracking cookies. In the most recent version of the text (pdf) put together under the Austrian Presidency of the Council of the European Union (one of the three EU institutions that has to agree on the final law), there's even a new bad idea:

The NYPD has finally finalized its body-worn camera footage release policy. It's not much better than its initial public offering, which sought public input and then ignored every bit of the public's input to craft an officer-friendly deployment policy that left the act of recording to officer discretion.Even the vague promise of eventually releasing BWC footage to the public was too much for the Patrolmen's Benevolent Association to bear. The NYC PBA sued to prevent the release of body camera footage to the public. This lawsuit was pursued as PBA President Pat Lynch made claims about officers' resistance to body-worn cameras that were contradicted by NYPD officers' statements.Something the former mayor thought would be a "gotcha" tool to persecute otherwise fine officers has actually had zero effect on officer accountability or NYPD transparency to this point. It's not going to get any better either. The official policy [PDF] released by the NYPD still gives the public the shaft.The editorial board for the New York Daily News sums it up nicely:

We've been covering all the various SLAPP suits filed by Devin Nunes against his critics, journalists, political operatives, and (most famously) a satirical internet cow. As we've noted, despite Nunes being a Representative from California, and despite the fact that many of the people and companies he's targeting are California-based, he's filed most of the suits in Virginia state court. The reasons for this seemed fairly obvious to many commentators. Virginia has a very weak anti-SLAPP law. California has a very robust one.We were actually a bit surprised to see Nunes file one lawsuit in California, but he quickly dropped it to file a related lawsuit... back in Virginia. His one other non-Virginia lawsuit was filed in Iowa which has no anti-SLAPP law at all.And while these lawsuits all appear to be frivolous attempts to intimidate critics and journalists, they may actually have a potentially good result. Legislators in Virginia have been inspired by this abuse of the judicial system to consider beefing up Virginia's weak anti-SLAPP law:

How much warrantless surveillance is too much surveillance? It depends on which court you ask.Public areas, which include people's front doors and unfenced yards, have very little in the way of privacy expectations. Consequently, there's a lot of warrantless surveillance aimed at these areas, usually in the form of pole-mounted cameras. While warrants could be obtained, they usually aren't. And, in some cases, the surveillance occurs during the early stages of an investigation where enough probable cause hasn't been established to secure a warrant even if investigators thought they might need one.In 2014, a Washington federal court judge said six weeks of pole-mounted surveillance was unconstitutional without a warrant. This surveillance wasn't just passive. The camera could be controlled by officers while it was recording in addition to providing investigators with dozens of hours of recordings. This was too much for the federal court, which suppressed the video evidence obtained with the utility pole-mounted camera.A couple of years later, the Sixth Circuit Court of Appeals said indefinite surveillance from a pole-mounted camera doesn't violate the Fourth Amendment. It reasoned that if an ATF agent could spend an 8-hour shift surreptitiously monitoring a suspect's rural Tennessee home without violating the Constitution, the proxy surveillance that went uninterrupted for ten weeks didn't violate the Constitution either. What's Constitutional for eight hours doesn't suddenly become unconstitutional when it's 1,680 hours.Six weeks is bad, ten weeks is OK… and in a case from earlier this year, eight months of continuous surveillance falls on the wrong side of the Constitution. The federal court read the Supreme Court's Carpenter decision to expand Fourth Amendment protections (specifically, expectations of privacy), even if that case only dealt with cell site location info. Also at play here were the camera's features, which allowed investigators to remotely access and control the camera, rather than just replay recordings.A recent decision [PDF] from the Colorado state appeals court sort of splits the difference. More than three months of continuous surveillance by a utility pole-mounted camera is too much for the Constitution to bear. (via FourthAmendment.com)Like two of the other cases above, the camera's movement could be controlled remotely by investigators as it recorded. This camera also did something the average passerby couldn't do (I mean, in addition to staring at someone's house for 13 weeks straight): it could see above the suspect's six-foot privacy fence to the end of the driveway near the house's garage and entrance.Nonetheless, the government claimed these areas that were hidden behind the privacy fence could be viewed from certain angles by the proverbial "man on the street" the investigators claimed their camera emulated. Photos introduced during the hearing showed the end of the driveway could be viewed through "thin gaps" between the boards of the privacy fence, as well as from exterior stairways of nearby apartments. The court doesn't think much of these hypotheticals.

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If you look in the dictionary, the word "projection" has many different definitions. I find it particularly amusing that in Merriam Webster's dictionary, the following two are right next to each other:

As Silicon Valley giants like Google and Facebook face all manner of (justified) regulatory scrutiny, telecom has been able to somehow remove itself from the conversation, despite engaging in many of the same (if not worse) behaviors over the years. While Congress obsesses about new ways to regulate "big tech," the US government has oddly been busy neutering all oversight of "big telecom". That's at least partially by design; giants like AT&T and Comcast have spent years pushing for the hyper regulation of companies telecom increasingly competes with in the online ad space.The result: as Silicon Valley faces an endless cavalcade of daily DC and press outrage, the telecom sector has suddenly little to no scrutiny whatsoever. Whether it's the speed at which the competition-eroding T-Mobile merger is being shoveled through the DOJ and FCC, or the blind eye being turned to major telecom privacy scandals (like location data), telecom lobbyists have been on a successful tear convincing well-heeled DC lawmakers to ignore the massive, obvious monopoly, privacy, and competition issues inherent in telecom to focus exclusively on the problems in "big tech."AT&T's top lobbying and policy man, Jim Cicconi, was recently brought out of retirement to (in part) help tackle both the looming privacy minefield and an ongoing revolt among investors who have grown tired of AT&T's focus on growth for growth's sake. In a treatise nobody asked for, Cicconi this week shared his thoughts on recent missives at the NY Times exploring how the bloom of optimism has fallen from the internet rose in recent years.The Times package focuses on everything from US broadband coverage woes to the rise of internet misinformation. But Cecconi's takeaway from the package, unsurprisingly, is somehow that broadband providers are yesterday's news and no longer worth talking about:

The recent election in Hong Kong may have scored some wins for pro-democracy candidates, but supporters of protesters and newly-elected candidates still aren't able to do much celebrating on social media. WeChat, the massively popular messaging app owned by China's Tencent, is apparently censoring posts and shutting down pro-democracy accounts.That a Chinese company would censor pro-democracy messages is unsurprising. What's a bit more unexpected is Tencent's apparent willingness to shut down accounts owned by users in other countries, as Zoe Schiffer reports for The Verge.

For whatever reason, while we see a ton of instances of someone trying to trademark a word or phrase that is absolutely generic and not a source identifier, often it seems some of the most ridiculous instances come from the literary world. Why authors have such a hard time with this is perhaps not entirely mysterious. Steeped in an industry with a tradition of strong views on copyright protections, I suppose it's a short leap that those in that industry would assume trademark works the same way. After all, journalists make this mistake all the time, so why not authors?Still, witnessing my book-writing brethren make a run at trademarking words like "how" or "cocky" is more than slightly frustrating. And now we can add the word "dark" to the mix, as author Christine Feehan has applied for a trademark on that word for use in books and fiction.

I'm always happy to see someone add to the growing body of First Amendment/vanity license plate case law. Using a very limited amount of space, some applicants have managed to offend the delicate sensibilities of government agencies, even without using the number 5 twice to spell "A55."A New Hampshire man applied for a license plate to make an uncontroversial statement about law enforcement (COPSLIE) only to have it rejected by the state, which claimed this fact was "offensive to good taste." He took his case to the state's Supreme Court and drove away with a free speech victory and a future full of hassling by law enforcement.Completely conversely, the Indiana Supreme Court refused to give a cop his 01NK license plate, arguing rather absurdly that speech-via-vanity plate isn't protected because it's too… short. The court did not specify how many characters it takes for speech protections kick in, but presumably it's a larger number than the eight allotted for Indiana license plates.Via Courthouse News comes another successful First Amendment challenge. A federal court in Kentucky has decided [PDF] that the state's refusal to give Bennie Hart his requested "IMGOD" license plate violates his First Amendment rights.The state operates a specialty plate program that allows drivers to add logos to their license plates. That isn't the issue here, but since the state law governing vanity plates without vanity logos incorporates ("clunkily," the court notes) the logo statute, the same restrictions applied to logos control what words drivers can put on their plates.Here are the guidelines:

A few weeks back, a Canadian court issued a shockingly broad blocking order against GoldTV, an IPTV service that copyright holders allege are engaging in piracy by offering streaming access to unauthorized TV streams. The case itself is interesting in that Bell Media and Rogers Media sued GoldTV's owners (listed as John Does) as defendants, but then also had all Canadian broadband ISPs listed as "respondents," including Bell Canada and Rogers Communications -- which almost makes this a case where Bell and Rogers are effectively suing themselves. Wacky.The plaintiffs in the case demanded that the various ISPs block GoldTV. Not surprisingly, Bell's and Rogers' ISP arms consented to the demand with no protest (as did Fido and Videotron). Most of the other ISPs "took no position" on the matter. I'm not familiar enough with Canadian civil process to fully understand this, but it sounds more or less like they would agree to whatever the court decided, and wouldn't advocate one way or the other. The only ISP to fight back was Teksavvy. The company's lawyers said that the federal court system lacks the jurisdiction to issue a blocking order. The company's argument was that this is a copyright issue, and Canada's revised copyright law has no provision for site blocking. Indeed, such a remedy was proposed but rejected by the Canadian Parliament. Teksavvy also pointed out that issues of site blocking for ISPs was not within the jurisdiction of Canadian courts, but rather the CRTC, the regulatory agency overseeing communications policy (roughly the equivalent of the American FCC). The argument here is that since the CRTC has a net neutrality-like rule that says that content must be treated equally, site blocking would violate that rule.Indeed, Teksavvy made it clear that even if GoldTV is a bad actor and engaged in widespread infringement, a full site blocking order is a problematic statement for how the internet should work. In a statement given to the website Mobile Syrup Teksavvy explained its position as a principled one in favor of an open internet (and not as a defender of piracy):

Singapore's "fake news" law continues to pay off for the Singaporean government. It's already been used to target allegations made by political opposition leaders and now it's converted Facebook to an extension of the ruling government.Alex Tan, the founder of "anti-establishment" news site State Times Review has been irritating the Singapore government for a few years now. Late last year, his site published an article claiming Singapore's prime minister was complicit in laundering Malaysian government funds through Singapore's banks.This resulted in the Monetary Authority of Singapore filing a criminal complaint against Tan for "impugning its integrity." The Ministry of Law then demanded Facebook remove Tan's posts from its site. None of this worked. Tan, now a resident of Australia, was beyond the reach of the Singaporean government. Facebook refused to comply with the government's request because that was all it was: a request.Tan's posts and Facebook's refusal to remove them were cited by the government as evidence a "fake news" law was needed.

As he promised last week, Rep. Devin Nunes has now sued CNN for defamation for accurately reporting what the indicted Lev Parnas's lawyers had told them about Devin Nunes. Rather than state court in Virginia, this time, Nunes' lawyer, Steven Biss filed the case in the big boy federal court in Virginia. This complaint may be the most laughable one yet of Nunes' various SLAPP suits, and I should remind you that one of them involves him suing a cow.The timing of this suit was a bit inauspicious, given that it was filed at around the same time as the House Intelligence Committee released its Impeachment Inquiry Report, which shows multiple phone records showing that Devin Nunes and Lev Parnas were in phone contact with each other -- which is the very heart of the CNN story. From the report:

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Reporter Jon Schwarz, over at The Intercept, has yet another story of content moderation at scale gone wrong, focusing this time on Twitter and his own account. It seems that a bunch of white supremacists on Twitter got mad at him, found an old joke, taken out of context, reported it en masse, and Twitter blocked him over it. Schwarz's story is worth reviewing in detail, but I think he gets the wrong message out of it. His take is, more or less, that Twitter doesn't much care about lowly users, and can't be bothered to understand the context of things (we'll get to the details of the spat in a moment):

We've noted for a while now how mobile carriers don't seem particularly aware that they're associating 5G in the minds of American consumers with hype and bullshit. AT&T's efforts to use bogus phone icons to pretend 4G is 5G; Verizon's tendency to dramatically overstate availability; scant handset support and annoying surcharges; overly ambitious marketing means that consumers' first contact with 5G is generally one of disappointment.That's not to say that 5G won't be a solid improvement when it arrives at scale, just that carriers were abundantly eager to overstate what 5G can do and where it's available, and didn't stop to think that they were doing the technology a disservice.The latest case in point: T-Mobile this week proudly proclaimed it had launched "America's first nationwide 5G network." But a closer look at actual availability finds that by "nationwide," T-Mobile means about 60% of the US. When pressed for clarification, the company that professes to be the "no bullshit" alternative to AT&T and Verizon wouldn't really answer the question:

Tony Robbins is American. Buzzfeed is an American news organization. Last week, Buzzfeed published its sixth story in an investigative series about Robbins, that included a story of Robbins allegedly sexually assaulting a high schooler at a summer camp in California. Which, last I checked [looks around quickly], is also in America. So, you might wonder why it is that Robbins has sued Buzzfeed in Ireland. Robbin's lawyer, Paul Tweed has tried to defend the decision to sue in Ireland, but I'm having trouble seeing how any of this is convincing:

I never stop being surprised at how often the topic of comedy and comedians makes it on our pages. Between strange concepts like comedians claiming copyright on stand-up jokes and a more violent war sometimes waged on the technology audience members carry around in their pockets, it really does feel like those in comedy should have, you know, a better sense of humor about all of this.But to really see the combination of entitlement and disdain for the public at work in the world of comedy, you have to turn to SNL's Pete Davidson. Davidson apparently tries to smuggle in a non-disclosure agreement to anyone that buys tickets to his stand-up shows, with penalties of up to a million dollars for violations of that agreement.

Ring may be holding off on adding facial recognition tech to its already-problematic security cameras, but that's not stopping any of its not-exactly-end-users from doing it for themselves.Ring is swallowing up the doorbell camera market with aggressive marketing that includes the free use of taxpayer-funded services. It calls over 600 law enforcement agencies "partners." In exchange for agency autonomy and free cameras, police departments all over the nation are pushing cameras on citizens and asking them to upload anything interesting to Ring's "I saw someone brown in my neighborhood" app, Neighbors.The company that has someone in charge of its facial recognition division Ring claims it's not using to implement facial recognition tech is handing out cameras like laced candy. Law enforcement agencies are snatching the cameras up. And they're snatching the footage up, using subpoenas to work around recalcitrant homeowners. Once they have the footage, they can keep it forever and share it with whoever they want.They can also run the footage through whatever hardware or software they have laying around, as Caroline Haskins reports for BuzzFeed.

When Kashmir Hill last joined us on the podcast, it was to discuss her experiment with cutting big tech companies out of her life. This week she's back to discuss something even harder to escape, and subject of her recent article in the New York Times: the low-profile companies that track consumers and assign them secret scores, and the disturbing amount of power they wield.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.

Since the election, I've been pretty firmly in the camp that believes that those who rushed to blame social media and things like (well documented) Russian attempts to interfere in the election via social media, have been vastly blown out of proportion. It's resulted in silly things like famous comedians suggesting that if Mark Zuckerberg allows Russians trolls to try to influence another election Zuck should go to jail. That's just silly. Much of it, to me, seems to be people who expected one outcome in the 2020 election casting blame towards something they could latch onto. Did Russian trolls try to use social media to influence the election? Absolutely. Did the results of the 2016 Presidential election surprise the politically savvy? Absolutely. Does that single correlation mean anything? There's been little evidence to suggest there is, even as many people assume their must be.Given those priors, you might think that I'd be quick to jump on board a new study that suggests that my intuition is accurate. The study, entitled Russian Influence on US Twitter Users, by some Duke University researchers suggests little impact from Russian trolling operations.

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Those assholes at ICE are still at it. For most of the past year, ICE's fake college sting has resulted in a long string of arrests, but not very many prosecutions.The sting involved a fictitious university set up by ICE to ensnare foreigners seeking to extend their US stays by complying with the law. That's the underlying truth that was dismantled by ICE's fiction. Visitors on student visas are allowed to stay in the country as long as they continue their studies.ICE's fake college looked like a legitimate option, seeing as the agency had talked an accreditation agency into giving it the official thumbs-up as a certified education entity. The fake college had an online presence and a physical building. It also had staffing that accepted tuition money before turning applicants in to ICE agents.ICE netted 250 arrests from this sting, with most duped students opting for voluntary departure. The agency is being sued for its fakery -- something it has consistently spun as foreigners bypassing the law to stay in the country. But this is what the law allows them to do and ICE is punishing them for doing it.Very few of the arrests deal with fraudulent actions by students. Instead, criminal charges have targeted a few middlemen who took cash from visitors on student visas with promises to help them avoid being deported. Out of ICE's 250 arrests, only eight resulted in criminal charges. The bulk of the sting operation netted nothing more than administrative charges, ending some students' stay in the country.ICE insists the US government is the real victim here. The victims of ICE's scam university aren't actually victims, according to ICE. They're actually crafty operators gaming the country's visa system.

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Last Wednesday, right before Thanksgiving, some very odd news broke about the University of North Carolina giving the Sons of Confederate Veterans $2.5 million and a bullshit confederate statue that had been torn down by protesters in 2018. The Sons of Confederate Veterans have a history of promoting racist ideas and movements, with a special focus on promoting Confederate monuments and symbols -- symbols of support for slavery from a bunch of literal traitors -- as well as promoting historical revisionism about the US Civil War. Contrary to the belief of some, those monuments -- including the one at UNC -- were put up many years after the Civil War, and were frequently put in place as a show of racist attitudes and beliefs, not as a historical remembrance. There's a reason so many places are choosing to take those down.The NY Times story linked above had some oddities in it. It claims that UNC's Board of Governors agreed to hand the "Silent Sam" statue over to the group and give them $2.5 million, perhaps to build a museum to house the statue, to settle a lawsuit. But what lawsuit? And what possible standing could the Sons of Confederate Veterans have to sue over a statue it did not own and had no direct relationship with? There was one line that really stood out to me in the original story:

Last year, the DOJ announced it had launched an investigation into whether AT&T, Verizon and a telecommunications standards organization had conspired to make it harder for consumers to switch mobile carriers. At the heart of the controversy was eSIM, a technology that's supposed to make it easier than ever to switch carriers without consumers needing to buy and install a new SIM card. With eSIM, user identification technology of a traditional SIM card is instead transferred to the device's processor or modem itself. Ideally, that could let a consumer switch carriers within just a few seconds.But given AT&T and Verizon had already been losing subscribers hand over fist to smaller competitors like T-Mobile, they had a vested interest in ensuring this technology never fully materialized. As a result, they leveraged their influence over the GSM Association (GSMA) -- a trade association for mobile network operators -- to hamstring the technology's rise. By and large this was done by ensuring the inclusion of bizarre and arbitrary restrictions and bureaucracies the DOJ found served no technical purpose outside of slowing the actual implementation of the tech and locking users to one carrier.Just before Thanksgiving the DOJ quietly did a news dump announcing the completion of its two year investigation into the sector collusion, and it's not particularly impressive. According to the DOJ announcement, the investigation has ended with no punishment or penalty of any kind. Why? The industry effectively pinky swore to the DOJ that it would try to do better in the future:

Hey, it's only people's freedom on the line. Why try harder?

Just under three years ago, Techdirt wrote about China's plan to install satnav tracking devices on vehicles in Xinjiang. That was just one of several early signs of the human rights abuses happening there. Today, people are finally waking up to the fact that the indigenous turkic-speaking Uyghur population is subject to some of the harshest oppression anywhere on the planet. Tracking huge numbers of vehicles might seem to be a typically over-the-top, money-no-object Chinese approach to total surveillance. Unfortunately, there are signs the idea is starting to spread, as this story in RFID Journal explains:

The Supreme Court's Rodriguez decision took a lot of fishing line away from law enforcement officers. Thousands of traffic statutes are violated every day. (Or not broken, in some cases.) All an officer needed to do was follow someone around until they violated one and then turn the traffic stop into a Q&A session with an eye on obtaining consent to search drivers, passengers, and vehicles.The Supreme Court said pretextual stops are fine, but once the objective has been achieved (citation or warning given), the stop is over. No further questions. No calling for a drug dog. Nothing. Some officers took this to mean they could violate the Fourth Amendment as long as they did it quickly enough. Some courts allowed them to get away with speedy Constitutional violations. But, more often than not, courts interpreting the Supreme Court decision have read it as saying there's no extending a stop without reasonable suspicion to do so. There's some gray area, but not as much as officers had hoped.The Supreme Court of Oregon has almost completely revoked law enforcement's fishing license. (via Reason) Its decision [PDF] applying the state's Constitution is more restrictive than the Rodriguez decision. There's no fishing, period. The court says even asking questions unrelated to the objective of the traffic stop is impermissible unless officers see, hear, or smell something that gives them reasonable suspicion to move past the objective of the stop.The state argued that "unavoidable lulls" -- the moments between the officer's request for license and registration and the driver's production of these documents -- could be filled with all sorts of unrelated questions. The officer in this case testified that he fired off a salvo of questions at the beginning of every traffic stop.

Like Microsoft, wireless startup Starry -- the brain child of Aereo creator Chet Kanojia -- has decided to view the public's desire for solid privacy rules as a marketing opportunity instead of something to ceaselessly undermine or whine about.Knowing that the telecom giants they're hoping to disrupt have an abysmal record on privacy, Starry has announced that, like Microsoft, it will be using California's looming privacy law as a template for its business nationwide. While California's looming law is admittedly under-cooked and needs some major revisions before serious enforcement begins later next year (it takes effect in January but won't be seriously enforced until June), Starry, which is slowly pushing uncapped wireless service to major metro areas around the US, announced it's going to adhere to its core principles in every state it does business.That includes getting permission before sharing data, being transparent about what data is being collected and who it's sold to, and giving consumers at least some passing control over what data is already stored (largely mirroring the FCC broadband privacy rules industry lobbyists killed in 2016). Both Starry and Microsoft seem to understand that after an endless sea of corporate privacy scandals and incompetence, the public wants at least some baseline privacy protections, and swimming against that sentiment is going to prove counterproductive:

I've discussed in the past how problematic it is when people don't recognize the differences between edge providers and infrastructure providers when it comes to internet services. Usually it's policymakers (or the press) getting these things confused, but we've certainly seen our fair share of attempts by copyright maximalists to use this confusion to their advantage. However, this may be the first I recall of seeing a copyright trolling operation trying to effectively do the same.Earlier this fall, Mark Jeftovic, from EasyDNS had a blog post about how a German copyright troll, called Fechner Law, had threatened criminal charges against the company if it didn't take down an allegedly infringing URL and pay a significant cash settlement. Jeftovic responded to Robert Fechner, the young lawyer behind Fechner Law, and pointed out that EasyDNS is merely the domain registrar, and doesn't host the site in question. Fechner, somewhat obnoxiously hit back by saying that German law required EasyDNS to at least turn over the information about the website owner or face criminal charges -- even adding on "additional damages due to your uncooperative and unlawful behaviour will be claimed."

Ring may say it's not getting into the facial recognition business, but its internal documents say otherwise. The company has a head of facial recognition tech in its Ukraine office. And its answers to Senator Edward Markey's questions make it clear Ring hasn't ruled out adding this tech to its doorbell cameras. Specifically, the company said it had no plans at the present but was always looking to "innovate" to meet "customer demand."Documents obtained by The Intercept show Ring is still "innovating," even if there's no apparent customer demand for facial recognition tech. Sam Biddle has the details:

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It has become abundantly clear that Devin Nunes, who once co-sponsored the "Discouraging Frivolous Lawsuits Act," has decided that the best strategy to all of his critics and any reporting that calls him out is to file completely bullshit SLAPP suits against those critics. It started with the lawsuit against a satirical cow and has continued with more lawsuits against reporters, political researchers, newspapers and political strategists. Given that he's gone on all in with that strategy, it's no surprise that he says he's going to sue CNN and the Daily Beast this week, both of whom reported on stories about Nunes that look pretty bad for him.Because it seems clear that Nunes really doesn't want you to read these stories, you should probably know that the Daily Beast story quotes indicted Rudy Giuliani associate Lev Parnas's lawyer Ed MacMahon saying that Parnas "helped arrange meetings and calls in Europe" for Nunes when he visited there last year, while CNN quoted a different Parnas lawyer saying that, among the meetings set up, was one between Nunes and disgraced former Ukrainian prosecutor Victor Shokin. Let's be clear, if these reports are false, then it's possible Nunes would have a claim against Parnas (or potentially Parnas' lawyers,), but not the news orgs reporting what he said. And it seems telling that when asked whether or not the story was true, Nunes did not deny it:

Over the last few decades, companies like Securus have managed to obtain a pretty cozy, government-supported monopoly over prison phone and teleconferencing services. Like any monopoly, this has pretty traditionally resulted in not only sky high rates upwards of $14 per minute for phone calls, but comically poor service as well. Because these folks are in prison, and as we all know everybody in prison is always guilty, drumming up enough sympathy to convert into political momentum has long proven difficult. Recent efforts to do something about it were scuttled by FCC boss Ajit Pai, whose former clients included Securus.Apparently we're now taking the predatory idiocy that has been a cornerstone of prison phone service and applying it to... ebooks. Reason recently had a great write up on how the West Virginia Division of Corrections struck a deal in February with GTL (formerly Global Tel*Link), one of several government-pampered prison telecom monopolies. As part of that deal, prisoners would be given access to restricted tablets to access books and some internet content. The results are just as stupid as you might imagine:

I'm not sure when or if this has happened before: this week we've got cross-category winners in both the first and second place spots, both in response to the latest example of a SLAPP suit filed by a supposed free speech supporter. Norahc won first place for both insightful and funny by putting a name to this increasingly common hypocritical phenomenon:

Five Years AgoThis week in 2014, the war on encryption continued with the NSA Director fearmongering about a pending cyberattack, backed up by a misinformed WSJ op-ed, as we looked at how encryption back doors could harm intelligence gathering and military operations. The net neutrality attacks were also coming strong, with a misleading poll propping up the partisan divide, CenturyLink defending its lobbying for protectionist state laws, and Mark Cuban jumping on the bandwagon despite apparently not understanding what net neutrality is. Meanwhile, Nielsen finally caught up to reality and started trying to track streaming viewers after years of denying the existence of cord-cutting.Ten Years AgoThis week in 2009, while the heads of major movie studios were claiming that they just wanted to help indie filmmakers with their anti-piracy demands, others were seeing that movie piracy is largely the studios' fault (inasmuch as it's a problem at all) and new research was continuing to show how copying and imitation is good for society. Senators were beginning to question the secrecy of the ACTA negotiations, and we were noticing the inconsistency between companies' support for ACTA and support for a treaty providing more access to content for the visually impaired.Fifteen Years AgoThis week in 2004, we were wondering (with some perhaps-undue optimism...) whether the entertainment industry was losing its political power. BT was trying to get in on the extremely crowded music download store market, Radiohead was disappointingly charging fees for quoting its music even in clear cases of fair use, and one judge was thankfully telling the MPAA to slow down with the John Doe lawsuits. Meanwhile, UK drivers were ignoring driving-while-yakking laws just like everyone else, people were twisting the results of a study showing the educational benefits of computers to their phone ringing, and the problem of patent hoarding was getting enough attention to even show up in USA Today.

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We've written many times about the right to repair and how various companies have basically destroyed the concept of ownership by putting all sorts of post-purchase restrictions on what you can do with the products you supposedly "bought." This began with copyright, but has morphed into other areas as well, including abusive and illegal claims about "warranty void if removed." I still believe that excessive copyright law is to blame for all of this, as physical goods manufacturers looked at the post-sale restrictions enabled by copyright law and immediately began to think of ways to use that on physical items.This lack of a "right to repair" is showing up in more and more places including, somewhat incredibly, the US military. The NY Times recently ran an op-ed from Capt. Elle Ekman, a logistics officer in the US Marine Corps., expressing her dismay at how the lack of right to repair laws is actually making it difficult to impossible for the US military to repair its own equipment. The whole thing is really stunning.

The botched drug raid in Houston that left two homeowners dead and one cop paralyzed from the waist down has resulted in additional criminal charges… against the cops.Officer Gerald Goines -- already facing felony murder charges for the raid that left Rhogena Nicholas and Dennis Tuttle dead -- claimed an informant purchased heroin from Tuttle and saw guns in the house. One no-knock raid later, Nicholas and Tuttle were dead, killed by cops whose actions were set in motion by a warrant affidavit full of lies.The heroin supposedly sold to Goines' informant? Pulled from the console of Goines' cruiser. The controlled buy didn't happen either. No one has been able to locate the informant Goines claimed saw heroin and guns in the Tuttle residence. As a result, more than 1,400 cases Goines had a hand in have been placed under review. Two dozen have already been dismissed. The DA's office and the FBI have also opened their own investigations.The raid produced nothing the cops were looking for. There was no heroin. There were a couple of guns, but the gun Tuttle supposedly used to shoot at officers wasn't in the search inventory. All the officers found was personal use amounts of cocaine and marijuana. An independent forensic examination of the scene came to the conclusion that either the state's forensic unit sucks at what it does or that it was attempting to make the evidence fit the false narrative crafted by the officers who participated in the raid.Charges are being added to existing charges Officer Goines faces as the fallout from the raid continues, the Houston Chronicle reports.

Google's Stadia product, the company's bid to get gamers to give up their consoles and PC rigs and instead partake in Gaming as a Service, has had a rocky rollout to say the least. The service was already up against America's pathetic broadband coverage and usage caps. Add to that the quite muted applause that came from press and public reviews, not to mention the Obamacare-like rollout of the product, and you have to wonder if this is the kind of hit to a product's reputation that is at all recoverable. It's nearly as though Google developed a list of things that are important to gamers specifically and went out of its way to ensure it would get failing grades on each item.The latest issue is no different. To combat concerns about how streaming games would behave in terms of quality, Google made claims that the service would stream games in 4k resolution and at 60 frames per second. Reality, it would seem, doesn't line up with those claims.

Singapore's new "fake news" law has been deployed for the first time. The law the government is using to expand domestic surveillance and minimize dissent is definitely doing the latter. Bhavan Jaipragas reports the initial recipient of a "fake news" citation is none other than opposition leader Brad Bowyer.The supposedly "fake" news Bowyer posted to Facebook has been subjected to government scrutiny. The government's official rebuttal website -- unbelievably named "Factually" -- performs a point-by-point debunking of Bowyer's claims using its own set of facts. This should have been enough. The Singaporean government wields a great deal of power. This site proves the government doesn't need a fake news law, and yet it has one anyway, presumably because it provides so many side benefits.Bowyer alleged the Singapore government controls or directs investment companies Temasek and GIC's investment decisions. While it's impossible to say for sure, there certainly is room for conjecture without sliding into "fake news." Both are owned entirely by the Singapore government. Temasek officials have stated publicly the government is not consulted on "day-to-day business" but other companies have complained the government engages in opaque bidding processes that favor government-owned corporations and has displayed other forms of favoritism.So, Bowyer's implication could have been greeted by this response from the government and pointers to company statements to the contrary. Instead, it chose to invoke the law and issue a rebuttal -- one aimed at political opposition that has not held any significant amount of power in more than 50 years.Other things Bowyer implied were similarly uncontroversial. He suggested some bad investments had been made by the government. This seems like a normal thing for opposition government officials to do. But the Singapore government isn't willing to be criticized without putting the force of law behind its response.Fortunately, all the government ordered Bowyer to do is post a correction note on top of his original post with a link to the government's site. It's still government interference in political speech, but he wasn't fined, forced to issue a retraction, or otherwise told to stop talking about government-linked corporations.But that doesn't make the law innocuous. The government has its own mouthpiece -- the "Factually" section of the government's website -- to issue rebuttals and corrections. This makes the law extraneous. But the government likes the law because it allows the party in power -- the one in power for decades -- to more easily control the narrative. And it allows the government to control what's seen online by turning service providers into extensions of its domestic surveillance programs.This initial salvo may have been delivered with a light touch, but when things heat up around elections and the discussion of controversial legislation, expect the government's blows to land with a little more force.

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Copyright troll Mathew Higbee and lawyer Paul Levy, described as "the web bully's worst enemy", have been battling back and forth ever since Paul wrote up a thorough trashing of Higbee's trollish behavior nearly a year ago. Levy recently noted that more and more Higbee victims are coming to him, and that Higbee has actually told Levy that he "enjoys" that Levy is flooded with requests from Higbee's victims. Levy also notes that, in some cases, there is actual infringement happening, and then the question comes down to what is a reasonable amount to pay, and what will Higbee accept.One of the key things that Levy has called Higbee out on is his demand for attorney's fees, even in cases where that's not allowed under the law. This is often true in cases where the photographer failed to register their copyright, and they may only obtain "actual damages," rather than statutory damages. Attorney's fees cannot be counted in actual damages, but Higbee seems to hope that no one notices that. Levy has. In his latest post on all of this, hehighlights how Higbee tries to just ignore Levy when called on this point.

At no point has the cable industry or its executives been particularly keyed in to the "cord cutting" threat. As streaming video has chipped away at their subscriber bases, most cable giants like Spectrum and Comcast have responded by raising prices. And when confronted by growing evidence that cord cutting (defined as cutting the TV cord but keeping broadband) was a growing trend, most of these same executives spent years first denying cord cutting was happening, then trying to claim the only people doing so were lame man-children living in their moms' basements.Charter CEO Tom Rutledge was a key part of this cable executive myopia, both failing to see the trend coming, then failing utterly to respond to it in any meaningful way. The result: Charter has been losing subscribers for years, last quarter losing 75,000 cable TV customers. That's not as bad as the 1.36 million pay TV customers lost by AT&T in the same period, but it's not what you'd advertise as "good," either.Having no meaningful reputation on this subject to stand on, Rutledge last week tried to insist that the threat of users cancelling bloated, costly pay TV bundles and moving to streaming was a phenomenon that would soon slow down:

The Christian Democratic Union (CDU) of Germany is Angela Merkel's party. She led it for 18 years before resigning last year as leader, but remaining as Chancellor of Germany until 2021. It is a party that has often held the reins of power in Germany, but has seen a steady decline in membership over the last 30 years. From a peak of nearly 800,000 in 1990, it is now down to around half that. According to figures on Wikipedia, in 2012, the members' average age was 59 years, and 6% of the Christian Democrats were under 30 years old. In other words, it is German's party of old fuddy-duddies. Against that historical background, the following passage from its "Digital Charter", agreed during its recent party conference, is noteworthy (original in German pdf):

We've been on this for some time now, but the explosion in the craft brewing industry has led to a likewise explosion in trademarks for individual brews and breweries. It's a problem very specific to the craft brewing industry for a number of reasons. First, this trademarking practice deviates from the tradition in the industry, which was one in which craft breweries were largely amicable and permissive with their cleverly named beers. Second, the explosive growth is quickly running into a roadblock of language, in which only so many words can be combined to name brews, even as the number of those brews on offer continues its exponential growth. Third, and perhaps most importantly, craft brewing is now big business, such that many macro-breweries are now gobbling up craft breweries, and those macros tend to be more litigious and more often engage in trademark bullying.It's why, for several years now, we've talked about the coming trademark disaster for the industry, including highlighting legal experts for that industry trying to sound the alarm bells. None of this has slowed down the problem however, with the latest being that, to nobody's surprise, 2018 was a record year for beer trademarks being granted in the UK.