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Several stupid lawsuits have been brought against social media companies. Some feature actual lawyers (but mostly from the same law firms) helping clients throw money away on allegations that Twitter and Facebook are at least indirectly responsible for terrorist attacks.Others also use real lawyers, but lawyers willing to misread precedent to declare large social media platforms "public squares" and advance some very questionable arguments about First Amendment violations.Then there's everyone else: the kind of people who think being temporarily suspended from a platform is a billion dollar Constitutional violation. (h/t Eric Goldman)In this lawsuit, Adrian Rangel alleges his brief suspension violated the Constitution harder than it's ever been violated before. Rangel's Twitter account is no longer suspended and it's not because he emerged victorious from this lawsuit. It has already been tossed by the federal court.Rangel's short-lived lawsuit [PDF] asked for $1 billion in damages for his brief suspension, which he alleges violated his First Amendment right to yell "HANG THEM ALL" in a crowded platform. While we can agree Rangel's heated response to "topics from the mundane to the comical" probably should not have resulted in a suspension, we can also agree Twitter's moderation call did none of the following:

If you're a sports fan and you're not familiar with Deadspin.com, then, no, you're not a sports fan. The former Gawker property is certainly one of the most popular sports sites on the web and was a bright spot even when under Gawker Media's management. The charm of Deadspin has always been its irreverence, its humor, and its willingness to take on stories that fall outside of the realm of sports reporting. The fanbase of the site was built upon this editorial practice.Gawker fell to Hulk Hogan and Peter Thiel, of course, leading the site to be sold to Univision. During that time, Deadspin continued to operate normally. The site, along with other Gizmodo Media properties, was then sold to Great Hill Partners, a private equity firm. Great Hill put in place Paul Maidment as Editorial Director. Alongside Great Hill attempting to clamp down on the Deadspin staff's use of encrypted communications, leading to a fairly severe backlash from Deadspin, Maidment recently sent an edict to the Deadspin staff demanding that they not do any posts or reporting that fall outside of the world of sports.

Hamilton County (TN) Deputy Daniel Wilkey is one sick man. Recently, we covered his elevation into the ever-swelling ranks of Law Enforcement Officer What Have Been Sued. But Wilkey joined in the most spectacular fashion: he was sued twice in the same day.This wasn't the only thing that made Deputy Wilkey stand out. The allegations were highly unusual, to say the least. In one case, Deputy Wilkey claimed to be able to smell the odor of marijuana emanating from a car that passed him while his cruiser idled on a cross street. This and alleged illegal window tint were used to justify a stop that escalated into the nonconsensual anal search of the vehicle's passenger, resulting in the tearing of the man's anus and the aggravation of his existing hernia.The second lawsuit's allegations were just as disturbing. And they wandered off into areas not normally seen in civil rights lawsuits. The second plaintiff claimed Deputy Wilkey searched her car and her bra before telling her she'd get off with a lighter punishment if she agreed to be baptized in a nearby lake. This weird ritual was carried out in the presence of Deputy Jacob Goforth, who did nothing to stop Wilkey's forced baptism of a female citizen.Wilkey is facing two more lawsuits, according to WRCB TV. And there's even more weird sociopathy present in the accusations. On July 9th, Deputy Wilkey was sued by a man who claims the deputy used excessive force during a traffic stop over window tint.This lawsuit [PDF] claims the deputies performed an illegal search of his vehicle by detaining him until they could run a drug dog around his car. The drug dog supposedly alerted but no drugs were found. The deputies also allegedly told the man to stand with his hands on the hot hood of a vehicle, resulting in burns.The second lawsuit [PDF], filed October 17th, details Deputy Wilkey's harassment of six minors in a vehicle. Once again, Wilkey told the driver and occupants he had stopped them for illegal window tint. He was also accompanied by Deputy Jacob Goforth, who was present during Wilkey's forced baptism of another driver. Wilkey also claimed he "smelled weed," apparently to justify the actions he took next. He ordered all of the minors out of the car and began doing things only Deputy Wilkey would ever do.

In these modern times, it seems almost silly to say just how long ago 2013 feels. Six years is nearly an eternity in most respects these days, but when it comes to the video game industry, even an eternity feels like it falls short. I bring this up because 2013 is the year that both the Playstation 4 and Xbox One were released, kicking off the latest battle in a thirty year console war between Microsoft and Sony. Sony released a couple pieces of information over the past few weeks, both of which will be of interest to gamers. First, the Playstation 5 is on the way. Second, Sony released new lifetime shipping figures for the Playstation 4, noting that total shipments of the console are now over 102 million in total.

For years now, governments around the world have attempted to block, filter, or otherwise restrict the public's access to porn. And for just as long those efforts have routinely and repeatedly fallen flat on their face. Whether it's the UK's bungled and incoherent plan to employ age-checks to restrict porn access, or Utah's seemingly endless efforts to fiter porn entirely, history is filled with examples of how trying to thwart porn simply doesn't work. Filters are easy to bypass and tend to cause more problems than they solve. Waging war on porn at scale always ends in wasted money and headaches.Apparently learning nothing from that time a teenage kid bypassed Australia's $89 million porn filters in a matter of minutes, Australia's back with a new idea to combat porn: restricting access to it via the use of facial recognition technology:

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There's been a lot of talk in the last few weeks about political ads online, kicked off by Facebook "clarifying" that its fact checking rules for regular advertisements don't apply to political ads, after President Trump's campaign ran some ads that were laughably inaccurate. That kicked off a series of political stunts, including Elizabeth Warren taking out her own misleading ads to call out Facebook (though, as we noted, that whole stunt seemed particularly silly since she had previously complained that Facebook shouldn't be blocking political ads -- when they were her own). The debate rages on with everyone insisting that their viewpoint is correct, and with few acknowledging that there is no good answer.If you fact check political ads, you will undoubtedly be accused of bias against those whose ads get blocked. And a big part of the problem is not about whether or not something is "factual" but about nitpicking around the semantics of what is and what is not a fact, or in how it's presented. This is why most fact checking operations constantly get called out, since so much is a judgment call. And, because of that, there is a reasonable position that Facebook has staked out that when it comes to politics, it doesn't want to be in the business of judging the veracity of one side or another. Of course, that response is wholly unsatisfying and is easy to spin as "letting politicians lie."And, unsurprisingly, we're now seeing stunts like the one attempted by political activist Adriel Hampton, who has registered to run for governor of California solely to be exempted from having to post truthful ads (or, more realistically, solely to make a protest-point about what he thinks about Facebook's political ads policy). Facebook has already said that they won't allow him to run false political ads on its platform, and Hamptom says he's "considering legal action." Any such legal action would flop, thanks to CDA 230. Once again, content moderation at scale runs into lots of challenges and obstacles, no matter what you do -- and it's particularly fraught in the political advertising context.Facebook execs have tried to make this point recently, though it's doubtful that anyone is truly convinced:

As rolling blackouts and wildfires rattle California this week, many impacted residents are unable to use their cell phones. According to FCC data (pdf), 874 of the state’s 26,000 cell tower sites were out of commission on Monday, up from 630 on Sunday. Of that 874, 702 were caused by a loss of power to the cell site, 88 inoperable towers were due to cut fiber lines leading to the tower, and just 60 were caused by actual wind or fire damage.It's a problem that could have been avoided. After Hurricane Katrina, in 2008 the FCC passed rules mandating that cellular towers be upgraded to include battery backups or generators capable of delivering at least 8 hours of backup power, if not 24 or more. But the US cellular industry, you know, the one whose rates are some of the highest in the developed world, cried like a petulant child about the requirement and sued to scuttle the rules.Backed by the then Bush White House, cellular carriers told anybody who'd listen that the requirement would create "a huge economic and bureaucratic burden" for the industry. A better approach, the industry proclaimed, would be to let the industry self-regulate and adhere to entirely voluntary guidelines, leaving it with the "flexibility" to adapt to problems as the industry saw fit:

Last week a story started to blow up that was used, once again, by the media to beat up on Facebook. The headline, from the Daily Beast, says it all: Facebook Axed Pro-Vaccine Ads From Hospitals and Health Orgs, Let Anti-Vaxxer Ads Slip Through. As the story notes, Facebook has (smartly) decided to not allow anti-vax nonsense advertising. It will, of course, allow important pro-vaccination awareness advertising. It does this for a pretty good reason: anti-vax nonsense is killing people. Vaccinations save lives (and I know some anti-vaxxers reading this are foaming at the mouth to scream at us in the comments, and let's just be clear: you're wrong and you should stop it before you kill more people). Anyway, here's what went down:

Just a quick update on Blizzard and the ongoing backlash against the company over its attempts to muzzle its eSports competitors from making "political" comments about "politics", which mostly means not pissing off the laughably thin-skinned Chinese government over the fact that Hong Kong exists. It started when the company yoinked away prize money and issued a 1 year ban to a Hearthstone player, continued as it then issued more bans, then got weird when it decided to try to appease the backlashing public by halving that original ban, all of which led to basically everyone other than Beijing remarking on how totally shitty Blizzard is.There has been a sense thus far that Blizzard believed it could lighten its punishments and run out the clock on the backlash, as the public moved on to whatever the next outrage would be. How is that going? Pretty fucking terribly, given that Blizzard just lost its first corporate sponsor due to its anti-speech actions.

It's not a trend. It's disturbing, trend or no trend. It just is. You're the enemy, even when you're in your own home. That's the arguments cops are making for killing or maiming people who had no idea law enforcement officers had entered their residence.Part of the problem is "no-knock" raids. Saying they need the element of surprise to ensure officer safety and prevent the destruction of evidence, cops are engaging in a hyper-aggressive form of warrant service that sacrifices officer safety on the altar of evidence preservation. There's no evidence no-knock raids are safer. In fact, many high-profile stories show the opposite: performing an armed home invasion can often result in an armed response. The residents don't know cops are entering their house violently. All they know is people with guns are suddenly in their home shouting threats. They respond appropriately.This is a direct result of the militarization of police, aided greatly by the Defense Department's 1033 program, which encourages cops to partake of the military's surplus. The addition of military gear, tech, and vehicles has allowed cops to view themselves as combatants in a war zone, with everyone who isn't a cop a potential enemy.Even when they don't have the explicit permission to enter a residence without knocking and announcing their presence, cops do it anyway. What are the odds anyone would find out? Whose testimony is going to stack up against that of sworn officers of the law?"Wrong place, wrong time" is living in your own house when cops show up unexpectedly. And that's almost always how cops show up: unexpectedly. In Julian Betton's case, cops served a warrant by crashing through his front door unannounced and shooting at him 29 times (hitting him nine times) when he confronted the home invasion with a gun in his hands. The gun was at his side but it made no difference to officers who kept firing until they felt he no longer "posed a threat." Betton was paralyzed from the waist down and suffered numerous injuries to his internal organs.What the task force failed to notice during its "dynamic entry" was Betton's security camera. The recorded footage flatly contradicted multiple officers' sworn testimony. They claimed they knocked and announced their presence before entering. The tape shows no knock, no hesitation, and not a single officer moving their lips to announce their presence. A total of nine seconds elapse between the officers' arrival and their entry into Betton's home.Betton sued and won, but Officer David Belue of the Myrtle Beach PD appealed the stripping of his immunity, arguing that he had every right to shoot Betton, even if the officers' entry was illegal.The Fourth Circuit Court of Appeals seems skeptical, to say the least. Belue's lawyer argued that the illegal entry was not an issue for this appeal, so the court didn't need to waste its time relitigating that aspect of the case. The Court disagreed, pointing out Betton likely had every reason to protect himself from armed intruders that did not identify themselves as cops and were wearing gear that made it much more difficult for Betton to clearly identify them as officers of the law.To paraphrase the oral arguments concisely, this is what was said:

I think President Trump likes the idea of whistleblowers. As long as they're coughing up tips about Deep State conspiracies against the administration, he's probably cool with it. No one's done that yet, so he's stuck battling whistleblowers who are blowing the whistle in his general direction.Whistleblower protections aren't what they should be. There are laws on the books and guidelines in every agency policy manual that affirm the need to protect whistleblowers from retaliation. Those who have actually blown the whistle -- and used the proper channels -- realize those pretty words don't mean much when government agencies and officials are deeply invested in self-preservation. Trump's call to unmask the Ukraine phone call whistleblower is just a very public expression of the federal government's general antipathy towards accountability.An office set up by the Trump administration specifically to collect evidence of misconduct and wrongdoing at the Department of Veterans Affairs has done the opposite of what was asked of it. The VA's Inspector General was asked to investigate by several senators who raised concerns about the office's refusal to implement whistleblower protections. It seemed to prefer to engage in retaliation, as the OIG report [PDF] confirms.The office Trump established -- the VA Office of Accountability and Whistleblower Protection (OAWP) -- turned out to be completely misnamed. Some of this the Inspector General has chalked up to insufficient training and unclear policies. But what's detailed in this part of the report looks like nothing more than people doing the wrong thing intentionally to protect the people they actually want to protect -- a group that doesn't include whistleblowers.

Earlier this week, NBC News had quite a story about a facial recognition tech company in Israel, named AnyVision, that is being used by the Israeli military to conduct surveillance on Palestinians in the West Bank. Much of the article focuses on the fact that Microsoft invested in AnyVision, at a time when Microsoft claims it's been taking the moral high ground and unwilling to work on more nefarious uses of things like facial recognition technology. The story hits on a bunch of different points that we regularly cover at Techdirt, from misuses of facial recognition to large company hypocrisy. But we're writing about it for a different reason: the way that AnyVision's CEO reacted upon being contacted by NBC reporters:

DNA was supposed to be the gold standard of criminal evidence. And it can be, but only under very specific circumstances rarely found in the messy world of crime scenes. DNA evidence is easily contaminated by the people handling the evidence, not to mention anyone else who's been at the crime scene. This has resulted in law enforcement agencies spending years chasing phantom criminals, only to find out the DNA investigators kept finding at crime scenes came from other officers, first responders, or even the person packing their DNA kits back at the manufacturer.But the myth that DNA evidence is nigh-infallible persists. Some of this is due to the inscrutable nature of the processes that turn stray cells into evidence. Some of this is due to forensic experts overstating the certainty of their findings.When DNA evidence is pretty much the only evidence holding a case together, the evidence had better be solid. A federal court in Michigan has found that the framework behind one company's (STRmix) DNA evidence testing is a cobbled-together mess that sounds nice and science-y, but isn't much more than overly-educated guesswork. (via Grits For Breakfast)The ruling [PDF] on the defendant's Daubert motion (a motion that seeks to exclude qualified evidence or testimony) opens with a recounting of the alleged criminal act and the less-than-stellar handling of pretty much the only evidence the prosecution is using to make its case.

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Earlier this year, we sued ICE over its failure to provide relevant documents in response to a FOIA request we had made late last year. Late last week that lawsuit came to an end, after we agreed to dismiss it after ICE finally handed over the documents we had requested, which should have supplied last year. What we have now learned is that ICE didn't even bother to look in the proper place for the documents, and (not surprisingly) that once they handed over the documents, they reveal that ICE's legally-confused, bragging press release about all the domains it had seized... was not even remotely accurate. Perhaps that's why ICE didn't want to share the details with us or anyone else.First, a bit of history. For years we've been calling out ICE for the very questionable practice of seizing websites for large companies in response to claims of possible copyright infringement. Indeed, First Amendment case law makes it pretty clear that law enforcement can't shut down an entire bookstore or an entire publication just because there is some possibly illegal content within that publication or store. Yet, ICE seemed over-eager to seize lots of websites and grandstand about it. In following up on those cases, we've shown that ICE made serious mistakes, often relying on claims from industry partners, such as the RIAA, without any actual evidence. This resulted in things like ICE quietly returning a hip hop blog it had seized and held for over a year (including engaging in secret proceedings before a judge that even the site's lawyer was blocked from learning about), admitting that it had no evidence for the seizure. In another case, it returned another hip hop blog five years after seizing it, without ever presenting any evidence for why it seized the site.So we were confused and amazed last fall when ICE put out a ridiculous press release again hyping up its efforts to seize websites, claiming that over 1 million domains had been seized. The press release was written in a confusing and legally nonsensical manner, frequently confusing the difference between copyright and trademarks -- which is pretty shocking for a supposed law enforcement agency. For example, it talks about seizing "a copyright-infringing website offering counterfeit integrated sensors." Counterfeiting is a trademark issue, not a copyright one.Because of this, we filed a FOIA request, seeking the list of the "over a million websites" the press release claimed were seized under Operation In Our Sites, and also requested the communications with the various "high-profile industry representatives" that the press release stated helped ICE with these seizures. ICE responded (late) that it couldn't find any such records, despite multiple requests and an appeal, leading us to sue. As we noted during our appeal, it "strains credulity to believe, and it is impossible to accept, that ICE doesn't have a single record related to the names of domains it had just seized."After many months, ICE has finally explained why it failed to find any records, and provided what records it does have (with some mostly silly redactions). Let's start with the reason why it couldn't find any records. According the declaration of Toni Fuentes, in the ICE FOIA office, they didn't bother to look in the part of ICE that ran the program and issued the press release. ICE is broken up into various "offices" including "the IPR Center" which focuses on intellectual property issues. However, the ICE FOIA office decided that other parts of ICE were the places to look.

Back in March, Comcast heavily hyped the looming launch of a new streaming TV box that a press release proclaimed would provide "real value" to consumers by offering streaming video services for just $5 a month. It was Comcast's attempt at trying to fend off the growing array of $7-$14 per month streaming services that have been popping up and causing Comcast customers to cut the cable TV cord. Comcast noted at the time the $5 offering would only be made available to the company's existing broadband subscribers:

Back in March, Comcast heavily hyped the looming launch of a new streaming TV box that a press release proclaimed would provide "real value" to Comcast broadband customers for free. It was Comcast's attempt at trying to fend off the growing array of $7-$14 per month streaming services that have been popping up and causing Comcast customers to cut the cable TV cord. Comcast noted at the time the offering would only be made available to the company's existing broadband subscribers, and would only feature streaming services sanctioned by Comcast:

Nearly five years after being unlawfully arrested for violating a law declared unconstitutional thirty-two years ago, the ex-wife of a particularly stupid law enforcement officer is getting paid.Anne King, former spouse of Washington County (GA) deputy Corey King, posted a rather innocuous complaint about her husband on Facebook. Her post was the usual venting about inadequate assistance coming from the other parent -- nothing that justified what came after that. This is taken from Anne King's original complaint [PDF]:

Today has been declared the 50th anniversary of the internet, as on October 29th, 1969, a team at UCLA, lead by Leonard Kleinrock, sent a message to a team at the Stanford Research Institute (SRI), representing the very first transmission over the then ARPANET, which later became the internet. This seems like a good moment to think about all that the internet has enabled -- but also just how far we may have strayed from its early promise and how far we might still be able to go. On the historical side, Kleinrock himself has posts at both ICANN and the Internet Society, and both are worth reading. The ICANN post is all about that first message transmission:

We recently wrote about the many problems (even if created through good intentions) with California's new AB5 law that will turn many freelancers into employees. As we noted, a big part of the problem is that many freelancers don't want to be employees, and the law will almost certainly backfire, in making companies wary of hiring freelancers in California. The one area we focused in on (though many are impacted) is journalism, where the author of the bill, Lorena Gonzalez admitted upfront that she chose 35 submissions per year as the dividing line "arbitrarily," despite the fact that many freelancers will contribute a much higher number than 35 stories for many publications.Andy Kessler, who is a freelance columnist for the Wall Street Journal, has a new piece highlighting how silly this new law is, including the fact that it seems based on the assumption that freelancers all really desire to be employees.

In 2009, the FCC funded a Harvard study that concluded (pdf) that open access policies (letting multiple ISPs come in and compete over a central, core network) resulted in lower broadband prices and better service. Of course when the Obama FCC released its flimsy, politically timid "National Broadband Plan" back in 2010, this realization (not to mention an honest accounting of the sector's limited competition) was nowhere to be found.Since then, "open access" has become somewhat of a dirty word in US telecom, and even companies like Google Fiber -- which originally promised to adhere to the concept on its own network before quietly backpedaling -- are eager to pretend the idea doesn't exist. But building core infrastructure (sometimes with government's help, sometimes not), then forcing ISPs to come in and compete in layers remains a compelling idea America wants nothing to do with.Well, most of America. Back in 2016, the city of Ammon, Idaho (population 16,500) decided to build an open access broadband network that let multiple private ISPs offer service to customers over city-owned fiber. The resulting competition has, several years later, resulted in (surprise), better, faster, and cheaper access to broadband. As a result, this city in Idaho now boasts better broadband infrastructure than most US "tech hubs" like San Francisco and Seattle, both of which have flirted with the idea but never followed through:

We've been highlighting lately how the situation with the whistleblower, who first tried to ring the alarm bells about President Trump's now confirmed quid pro quo call with Ukraine to dig up dirt on a political opponent, showed why the "official channels" are useless for whistleblowers. Some suggested that we were premature in making that claim. However, since then, we've seen the President himself repeatedly try to attack the whistleblower while repeatedly demanding that the whistleblower be revealed. Now come reports that a staffer for Rep. Devin Nunes is going around revealing the name of the whistleblower:

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Longer yellow lights are on the way, thanks in part to a man a state government agency once forbade from criticizing red light cameras without a proper license.As The Newspaper reports, the Institute of Transportation Engineers -- which develops standards for managing all aspects of driving under the US Department of Transportation -- has agreed with recommendations made by a team of engineers that found ITE-approved yellow light timing standards reduced public safety and resulted in more accidents.

Both Mozilla and Google have begun pushing encrypted DNS via their respective browsers, making it more difficult for outsiders to monitor and/or monetize your daily browsing habits. Not too surprisingly the broadband industry, which has a long, proud history of covertly collecting and selling this data, isn't particularly happy about this evolution. With the help of unskeptical news outlets, telecom lobbyists have been trying to convince the government that what Mozilla and Google are up to is somehow nefarious, going so far as to (incorrectly) claim the move is even an antitrust violation.Last week, Motherboard published Comcast documents highlighting how Comcast has been also trying to convince gullible lawmakers that the move to encrypt DNS traffic somehow poses a threat to national security and the sacred DC tech policy pixie dust that is 5G:

A couple of years ago, the Georgia state appeals court interpreted the Supreme Court's Riley decision to cover data pulled from vehicles after accidents. If warrants were required to search cellphones -- thanks to their ability to store all sorts of personal information -- it stood to reason warrants should be needed to access other data not visible to the naked eye.

Thanks to untrustworthy cops, people's lives are being destroyed. It's more than just bogus stops and bogus arrests. It's more than faulty field tests that tell cops innocuous substances are illegal drugs. It's more than a judicial system that's tilted against criminal defendants, even as the system claims we're all innocent until proven guilty.One of the reasons the system is tilted against defendants is prosecutors' refusal to turn over exculpatory evidence. More than one judge has noted the "epidemic of Brady violations." Named after the 1963 Brady v. Maryland Supreme Court decision, Brady evidence is anything that might help the defense argue against the government's case. There's an obligation placed on prosecutors, far too many of which feel is optional. Nearly 100% of criminal prosecutions end in plea deals, giving prosecutors a convenient way of closing cases before they even need to consider their evidentiary obligations.Brady lists are lists of officers considered too untrustworthy to testify in court. This could be because they've been caught lying on the stand. This could be because of a lengthy history of misconduct. Law enforcement agencies rarely fire bad cops. But, occasionally, they'll inform prosecutors they don't want these officers testifying because of their internal affairs rap sheets.This information should be handed over to defendants, but it very rarely is. The easiest way to dodge this obligation is to not create the lists in the first place. If you don't know who's a bad cop, you can't possibly inform the defense that your key witness is impeachable. Win-win for the government. An investigation by USA Today shows the creation and maintenance of Brady lists appears to be another thing law enforcement considers to be optional.

What is it with college bus companies? For years we've covered the insanity of Suburban Express and its attacks on customers for criticizing the company, and now we have a story that impacts my own alma mater. Coach USA is a large bus holding company that runs a bunch of different bus companies, including ShortLine, which runs regular coach bus service between downstate New York and upstate New York, making it a popular option for students from the New York City metropolitan region going to college at Binghamton, Ithaca, Cornell, Albany or Elmira. It's been around for quite some time -- and like many college bus transportation services, the subject of jokes.CU Nooz, a satirical news site that I'm pretty sure began its existence long after I left town, recently had a satirical article (which is basically all the site does) mocking the Shortline Bus. And Coach USA responded by sending an utterly ridiculous cease & desist letter.

Someone's keeping the government in line in Idaho. Federal judge Ronald E. Bush isn't just skimming warrant applications and signing them. He's actually reading them and applying the law. This probably isn't endearing him to federal agents.In May of this year, he told the government that forcing a suspect to unlock a phone using swipe pattern was unconstitutional. He told the government the same thing a couple of months later when it was attempting to get a court order compelling fingerprint production. One of these was rolled back by the district court, but it appears warrant applications in Ronald Bush's court are receiving more scrutiny than they are elsewhere.Judge Bush's latest pushback deals with cell site location info. This information, collected by cell service providers, used to be acquired without a warrant. Up until the Supreme Court's 2018 decision, CSLI was considered a third party record that could be obtained with only a subpoena. Historical location data now needs warrants, hence these warrant applications -- one of which Judge Bush has rejected [PDf}.Bush says the Stored Communications Act (SCA) warrant is fine as long as the government sticks to, you know, stored communications. But the government wants to do more under this same authority. Since the government doesn't appear to know exactly where its suspect is located, it wants to use the SCA to track the location of the suspect's phone as location records are generated.

Last week we noted that the House (overwhelmingly) voted in favor of the CASE Act, which is presented as a "small claims court" for copyright issues, but which has significant Constitutional issues, and would almost certainly lead to an uptick in copyright trolling activity. As we noted, the bill still needed to go to the Senate, and it appears that this is (at least for now) being blocked by Senators Ron Wyden and Rand Paul who have put a hold on the bill, and will introduce an alternative approach.

India must be looking across the border at China and nodding approvingly. India is rolling up the global censorship charts, firing off thousands of takedown demands and court orders to American social media companies. The government also seems overly-concerned with "fake news" and has been abusing its national security laws to make social media posts (and sometimes their posters) disappear into the ether.Tech advancements are increasing the capabilities of the government's multiple surveillance networks. The most immediate beneficiary has been the country's law enforcement, which has added pre-crime analytics to a tool chest containing thousands of cameras and their biometric add ons.Citizens are also being saddled with digital IDs based on their fingerprints. The tech doesn't work as well as dozens of sci-fi movies led us to believe. The end result is people being unable to convince the government they are who they say they are, thanks to faulty tech or fingerprints that aren't in perfect enough shape to talk print readers into responding appropriately. This had led to people losing access to public assistance, sending the nation's most vulnerable residents into tailspins they may never recover from.Since this modernization is all going so well, the Indian government wants to expand its biometric collections. The country is seeking to assemble one of the world's largest facial recognition databases, as well as everything needed to make use of it, including cellphone apps for cops running scans and searches while on patrol.

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Despite industry claims, US wireless is painfully mediocre. US consumers pay some of the highest prices for mobile data in the developed world, thanks to regulatory capture and wireless competitors who embrace "competition theater" more than actual price competition. Also contrary to industry claims, these high prices don't necessarily reflect quality; US LTE (4G) speeds are not only among the slowest in the developed world, arbitrary throttling, caps, and other usage restrictions reduce the value of these connections even further.Up in Canada the problem is even worse, thanks to industry consolidation the US appears poised to replicate. Rogers, historically one of the more embarrassing Canadian telcos on the net neutrality front, has seen its stock drop this week after the company was forced to slash its revenue expectations for this year. The reason? Rogers, under pressure from the public and regulators, was forced to introduce unlimited data plans this year, causing a user exodus from more expensive, metered offerings that sock users with costly per gigabyte surcharges.Rogers, for its part, was amusingly surprised by the sudden consumer interest in (relatively) straight forward wireless data plans that don't nickel-and-dime users to death:

The whistleblower report implicating President Trump in a quid pro quo exchange of US military aid for promises to investigate a political rival has been very illustrative of the dangers of whistleblowing. Laws and policies mean next to nothing when the proper channels are willing to bury reports and possibly the reporter.The president himself has called for the whistleblower to be unmasked. The Office of the Director of National Intelligence unilaterally decided this whistleblower report didn't need to go any further than its unfriendly confines. This decision was made despite the allegations containing matters of "urgent concern:" foreign interference in a US election.The ODNI got the back up it needed from the White House. The Office of Legal Counsel sided with the administration and claimed the content of Trump's call with Ukraine president Volodymyr Zelensky wasn't "concerning" enough to be forwarded to Congressional oversight by the ODNI.The Inspectors (plural) General disagree. A letter [PDF] sent to the Office of Legal Counsel -- signed by more than 50 IGs from dozens of federal agencies, including the DOJ, NSA, CIA, and State Department -- says the OLC's opinion is not only wrong but potentially seriously damaging.

This week, our first place winner on the insightful side is Rico R., responding to an ultimately-unconvincing defense of the CASE act from a popular source:

Five Years AgoThis week in 2014, scrutiny was ramping up on former NSA boss Keith Alexander from all directions, while evidence continued to emerge further linking the NSA's SIGINT director to private contractors. Rep. Mike Rogers was calling for Ed Snowden to be charged with murder, and a former agency official was saying anyone who "justified" Snowden's leaks shouldn't be allowed to work for the government. We learned more about the CIA's spying on the Senate, while Congress was not so easily giving in to the FBI's demands about ending encryption, and amidst all this... more research showed mass surveillance doesn't work.Ten Years AgoThis week in 2009, the copyright lobby was bumping up against proposed anti-spam laws because they might interfere with their DRM and spyware practices, copyright holders were going to war with univeristy photocopy shops, and the US Chamber of Commerce began its DMCA-fight with prank group The Yes Men. We learned that Shepard Fairey made some bad decisions in his copyright fight with the AP over his famous Obama poster, but also wondered whether anyone could trust the AP's own reporting on the subject. And we saw trademark shenanigans from both the usual suspects (Monster Energy) and some more surprising ones (The Sex Pistols).Fifteen Years AgoThis week in 2004, people were looking to the future of mobile devices — especially with cheap wifi on the rise — and examining everything from what makes mobile bullying unique to the coming consequences of device convergence and the possibility of peer-to-peer bartering becoming a dominant form of commerce. One prediction certainly didn't come true: a Finnish researcher extrapolated some trends and decided that the internet would collapse in 2006. Meanwhile, the RIAA's own figures were painting a different picture about file sharing from the one the agency liked to tout, web publishers were maybe-kinda-sorta coming to terms with BugMeNot, and some news websites were getting over their silly aversion to linking to other news outlets in their own coverage.

We've long discussed the problem that is astroturfing and companies that abuse website reviews sections by inputting fake positive reviews for their own products. These fake reviews break the ecosystem of sites like Yelp and many others, where a big part of the draw to the sites are the communities that provide helpful, honest reviews. It's also been the case, however, that such fake review campaigns have occasionally come with fines or lawsuits with limited clarity on precisely what laws were being broken.Still, the FTC is a thing and it would seem to be in that organization's purview to mete out some kind of punishment for the truly bad actors out there. In the case of skincare company Sunday Riley, however, it seems that FTC settlements for truly egregious fake review campaigns are entirely without teeth.Let's start with the scheme itself. According to the FTC, for two years, spearheaded by founder Sunday Riley herself, employees and interns were tasked with both voting down real negative reviews on Sephora.com, as well as setting up fake accounts for Sephora and inputting fake positive reviews. This, again, was directly communicated by Riley herself.

On very rare occasions, the front mouths for law enforcement -- police unions -- will surprise you with inadvertent truthiness. Such a rarity occurred recently. It was -- as almost every union outburst is -- provoked by the introduction of the tiniest sliver of accountability.The Bronx District Attorney decided to release its list of cops even it can't trust. What the New York Post refers to as a "naughty list" bears some resemblance to the Brady lists compiled (but rarely released) by other city prosecutors. These lists contain cops who have been caught lying in reports or in court or have had evidence tossed (usually more than once) for Constitutional violations.These lists are supposed to make their way to criminal defendants. This rarely happens either. No prosecutor wants their star witness impeached, even if the prosecutor knows what we know: cops lie. Some more than others.The list released to the New York Post contains some redactions (thanks to sealed cases), but at least a few officers' names were made public. Here's one snippet from the "naughty list."

Another day, another shining example of why connecting everything from your Barbie dolls to tea kettles to the internet was a bad idea. This week it's Whirlpool that's under fire after a researcher discovered that the company had failed to secure a database containing 28 million records collected from the company's "smart" appliances. The database contained user email addresses, model names and numbers, unique appliance identifiers, and data collected from routine analysis of the appliances' condition, including how often the appliance is used, when its off or on, and whether it had any issues.Needless to say this is just the latest example of security researchers doing companies' jobs for them after they connected their products to the internet, then failed to adequately secure the data gleaned from them. For its part, Whirlpool told the researcher that they managed to secure the information within a few days of being alerted earlier this month:

The federal government still doesn't have any great ideas on how to head off future school shootings. But it does have some ideas. Some ideas are better than none when calls to "do something" abound. Something is indeed in the works. Unfortunately, the solution being offered just opens up students to increased surveillance, on and off campus.You already know we're headed to a darker place when the head of the DOJ is touting anti-terrorism tactics as a solution.

I've mentioned in the past that, from Techdirt's earliest posts, one key topic is how you handle "jurisdiction" on the internet, since the internet is global, and laws don't always work that way. Indeed, allowing for global jurisdiction for any particular government's laws would inevitably mean that the most draconian and the most limiting laws rule around the globe -- and that should worry everyone. This is why we've been so concerned about rulings concerning "global" blocking of content in places like Canada and the EU. Thankfully, just recently, the Court of Justice in the EU stopped one global application of the EU's right to be forgotten, and Canada's attempt got effectively stopped by a US court.And now we get to see how all this plays out in India, as a court has issued a global blocking order directed at Facebook, YouTube and Twitter. The content in question appears to be a video about a book, Godman to Tycoon that the courts have deemed to be defamatory towards Swami Ramdev, a somewhat controversial "yoga superstar."The companies pushed back arguing a variety of points including that the whole case made no sense since the person who uploaded the videos themselves wasn't even targeted with any lawsuit -- and if that person removed the videos, they would be gone worldwide. But, mostly they focused on just how wrong it is to think that an Indian court should be able to control content well outside its jurisdiction (and they point to the rulings in the Canadian and EU cases above, among others, to suggest that it will only lead to embarrassment for the Indian court to try to reach its power too far).

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There is an infamous chart in media circles. It shows newspaper advertising revenue steadily rising until about the year 2000. A few years later, it drops off a cliff. Superimposed on this chart is the exponential growth of Google and Facebook:Source: Thomas BaekdalThe obvious implication, at least to those who work in journalism, is that Google and Facebook killed their industry. That’s certainly the conclusion Matt Stoller comes to in a recent op-ed for the New York Times:

Have we mentioned lately that 5G is being over-hyped? While it's an important evolutionary step in wireless connectivity, it's far from the revolution hardware vendors and cellular carriers are promising. Verizon, for example, insists that 5G is the "fourth industrial revolution" that will almost miraculously spur the smart cities and smarter cars of tomorrow. While 5G is important (in that faster, more resilient networks are always important), the idea that 5G will fundamentally transform the world tends to overshoot the mark.Carriers haven't quite learned yet that over-hyping the standard (or flat out lying about it) only serves to associate it with disappointment in the minds of consumers. Verizon, for example, has crowed widely about the company's early 5G launches, but when reporters and users actually try to use these networks, they routinely find they're barely available.To hype the standard further, Verizon has been deploying it to select parts of a handful of major sports venues, insisting in its press releases that these early deployments are "fundamentally changing the way we live, work and play." But when reporters actually press the company on where it's available, they quickly discover it's, well, not. While Verizon has been hyping 5G availability in NFL stadiums, deeper inquiries have shown that the service is available in only a few areas because the millimeter wave spectrum Verizon is using for these early efforts has a hard time with range and penetrating walls.The same thing is now playing out in other major sporting venues. While Verizon has claimed in press statements that it will soon be offering 5G in more than 10 major sports venues, Jon Brodkin at Ars Technica pressed them for additional detail and came away notably unimpressed:

We've talked before about the over-reliance on tech to do certain jobs that cannot be simplified to the sum of mathematical parts. The criminal justice system is starting to turn over sentencing to algorithms -- something that seems like the smart thing to do but removes judicial and prosecutorial discretion from the mix, leaving defendants with the unpalatable option of challenging software they're never allowed to examine.Police departments are also moving towards predictive policing. Relying on historical data, cops are hoping to head off future crimes by allocating resources to areas where crime appears to be more likely to be committed. Sounds good on paper, but in reality, all it does is reinforce biases and push law enforcement to treat everyone in targeted areas as criminals. If the data being fed in reflects biased policing, crunching the numbers even harder isn't going to erase that. It's only going to reinforce it. And, again, suspected criminals aren't able to access the data or software that puts them in law enforcement's crosshairs.A certain amount of automation is expected as government agencies seek to streamline public services. The problem isn't necessarily the tech. It's the removal of human interaction. As has been stated here frequently, moderation at scale is impossible. So is automated governing. Automated processes are as prone to failure as the people overseeing them. But when you decide software is going to do almost all of the work, those who need the assistance of other humans most are cut out of the loop.Citizens looking for government assistance have grown accustomed to jumping through red tape hoops. Now, the hoops are inaccessible, but still must be jumped through. The most marginalized members of society are given URLs instead of contact names and numbers when many of them have no reliable access to the internet or a computer. A new series by The Guardian shows the human cost of going paperless. It's happening all over the world, and it's literally killing people.

To a certain segment of the population, just mentioning IPTV is enough to get them frothing at the mouth and shouting "copyright infringement" at anyone who will listen. This isn't entirely without cause, of course, as IPTV is a technology that can be used to infringe by streaming copyrighted TV shows and films. There are entire sites out there that list such infringing content, as well. But the fact remains that IPTV is a tool, not content that infringes copyright itself. As such, there are plenty of IPTV-related tools and uses out there that are perfectly legit.Like Perfect Player, for instance. Perfect Player is an android app that allows the user to choose what IPTV playlists from 3rd party providers can be played. In other words, it's essentially a media player for IPTV streams. Upon installation, it does not come with infringing playlists to stream. What is watched on the player is entirely the choice of the end user. Despite all of this, one unnamed major pay-TV company filed a copyright complaint against the app with Google, arguing that because end users can use Perfect Player to infringe on copyright, the app itself was infringing. Google, frustratingly, complied and has delisted the app from the Play Store.

We've covered a few times in the past some of the oddities of both Australia's defamation laws and its views on intermediary liability. Our big complaint regarding both of those things is how they end up enabling censorship by the powerful of critical reporting and commentary. Perhaps a perfect example of this is former National Enquirer editor Dylan Howard having some pricey lawyers threaten Australian booksellers if they decided to offer Ronan Farrow's new book Catch and Kill: Lies, Spies and a Conspiracy to Protect Predators. If you haven't guessed, a part of Farrow's book covers efforts by the Enquirer to "get dirt" on certain people in what appears to be an attempt to suppress their credibility or ability to go public, and also to engage in the practice of "catch and kill" (from whence the book gets its title) a story by "buying" the exclusive rights to it, only to kill it.It appears that some of those threats have worked, as a number of booksellers have chosen not to sell the book (though some others, admittedly, are still offering it for sale). Of course, the threat letter to the various book retailers has some weasel wording, allowing Howard and his lawyers to pretend that they're not trying to seek the blocking of the book:

The Los Angeles County Sheriff's Department is a law enforcement agency known mainly for its criminals. Yes, it oversees the largest jail system in the world, but even that can't hold all the criminals the LASD associates with. The Department hires (and re-hires) criminals to staff itself. It has 300 employees on the LA District Attorney's "Brady list" -- the list of officers prosecutors feel are too untrustworthy to testify in court due to past misconduct and lying.For an entity that prides itself on policing gang activity in East LA, the Department has shown no similar willingness to police itself. The Department has been the home to several gangs over the years, composed of deputies and jailers willing to break the law in order to enforce the law.The LASD has rolled out of one federal investigation and right into another one. Former Sheriff Lee Baca ran a corrupt jail system presided over by a racist deputy gang that hid an FBI informant from his federal handlers and allowed (another) white supremacist gang to run the prison. Deputies were so sure they were untouchable they openly threatened FBI agents. Seven convicted deputies later, Sheriff Baca -- himself convicted of obstructing an investigation -- was out of a job.You'd think a change in management would have resulted in some internal housecleaning. It didn't. Baca's replacement, Sheriff Alex Villanueva, did nothing while pretending to do something. Taking credit for employee turnover he had almost nothing to do with, Villanueva claimed he had rid the department of its toxic deputy "gangs."A recently-filed lawsuit says otherwise. It also says the LASD protects it most violent and racist members, many of whom belong to a deputies' gang known as the "Banditos." Ali Winston of The Appeal reports on the good cops who are hoping to take down the department's many bad cops.

In the earlier days of Techdirt, Lego made multiple appearances as an IP bully. However, its IP bullying ran into some legal headaches as various courts pushed back again and again and again. The company failed, pretty spectacularly, in its quest to argue that no one could make similar, or even interconnecting, Lego bricks. Its patents long expired, and any copyright and trademark rights were much more limited.For years, the company has relied on the fact that even with the ability of other companies to copy its designs, really only Lego could manufacture the toy bricks with the kind of exact precision that made them work properly. Knock-offs tended to not connect nearly as well. And Lego's manufacturing was such that beyond the precision in the blocks, it could also make the blocks so cheaply that it was difficult for anyone to undercut them anyway. Finally, Lego's brand is pretty powerful in its own right, and many people would buy official Lego products as the default anyway, because of the brand association.All of that makes the recent news of Lego threatening the 3D printing community all the more bizarre. There's simply no way that 3D printed version of Lego-style bricks are a "threat" in any way. The takedown letter itself, as posted by recipient MyMiniFactory (who initially thought it was spam!), is bizarre. It's symptomatic of obnoxious IP bullying, in that it was sent to platforms like MyMiniFactory that host 3D printable designs for sale, but, while it lists out designs it says are infringing, it appears not to explain how or why they are infringing. It does list out copyright and trademark rights that the company holds, but does not indicate which ones its complaining about for which designs, leaving it up to MyMiniFactory to determine such things. That, by itself, is a bullying tactic, effectively making it harder for the recipient to judge the merit of the infringement claims, and (most likely) hoping that leads to broader compliance with the request to avoid the hassle and potential legal costs and liability.