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Updated 2024-11-22 11:47
Once More With Feeling: Banning TikTok Is Unconstitutional & Won’t Do Shit To Deal With Any Actual Threats
Over the last few days, we've had a few posts about the latest attempt to ban TikTok in the US (and to people who say it's only a divestiture bill: there is a ban in the language of the bill if ByteDance won't divest). Yesterday, unsurprisingly, the House voted overwhelmingly, 352 to 65, to pass [...]
Roku Will Brick Your Streaming Devices If You Don’t Agree To Binding Arbitration
Ever since AT&T's 2011 Supreme Court victory, the courts have declared it perfectly legal for a corporation to erode your legal rights using fine print. As a result, most every service and company in the U.S. now uses contract fine print to try and prevent you from suing the company (either alone or in a [...]
Xbox Turns To Sports Titles To Combat Dwindling Game Pass Subscriber Sign Ups
Well, this is interesting. As part of our many posts about the cord-cutting trend that has been on the increase over the past decade or so, I have long made the point that the only thing keeping cable television looking even remotely like it did twenty years ago has been live sports. With the advent [...]
Oregon Passes Right To Repair Law Apple Lobbied To Kill
Oregon has officially become the seventh state (behind New York, California, Massachusetts, Colorado, Maine, and Minnesota) to pass right to repair" legislation, making it easier and more affordable for consumers to independently repair their own electronics. The bill, which passed the Oregon Senate last month 25-5 and the House on Monday 42-13, is a bit [...]
Techdirt Podcast Episode 383: Gaming Like It’s 1928!
As is tradition, now that we've announced the winners of our latest public domain game jam, Gaming Like It's 1928, it's time for a special episode of the podcast taking a closer look at them. Just like in past years, Mike is joined by myself and our game design partner Randy Lubin to discuss our [...]
MSCHF Asks The Supreme Court To Say Its Parody Of Vans Shoes Is Free Speech
The last time we wrote about an interaction between the Supreme Court and the famed art collective/pranksters/social commentators/cultural marketing jammers MSCHF, it was covering their interesting choice of amicus briefs. They sought to comment on the Bad Spaniels" case by making the Justices and their clerks complete connect the dot" artwork as an attempt to [...]
As Sanctions Continue, Malware Purveyors Starting To Worry It Won’t Be As Easy To Sell Spyware To Bad People
NSO Group rang the bell. Despite all of its ex-intelligence service expertise and backing from its government, it can't un-ring it. What's done is done. And the repercussions just keep on coming, paying back NSO for years of selling powerful phone exploits to some of the worst people on earth. NSO got sanctioned, along with [...]
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Senator Durbin Petulantly Promises To Destroy The Open Internet If He Doesn’t Get His Bad ‘Save The Children’ Internet Bill Passed
Last week, we wrote about Senator Dick Durbin going on the floor of the Senate and spreading some absolute nonsense about Section 230 as he continued to push his STOP CSAM Act. His bill has some good ideas mixed in with some absolutely terrible ideas. In particular, the current language of the bill is a [...]
Auto Makers Are Selling Data On Your Driving Habits To Your Insurer Without Properly Informing You
Last September, Mozilla came out with a privacy study indicating that the auto industry was the worst tech industry the organization tracked. Mozilla found that not only does the industry hoover up a ton of data from your use of vehicles, it collects and monetizes most of the data on your phone. Often without transparency [...]
Warner Bros. Discovery Disappears Games People Already Purchased
And here we go again. It's time for another abject lesson in how you don't actually own the things you're buying" in this here digital age. We've covered a ton of these stories at this point, obviously. But there are examples of people learning that they don't actually own the thing they spent their money [...]
NSO Group Ordered To Turn Over Spyware Code To WhatsApp
The time has come to pay the discovery piper for NSO Group. The phone exploit firm formed by former Israeli spies was supported unilaterally by the Israeli government as it courted human rights abusers and autocrats. The Israeli government apparently felt selling powerful phone exploits to its enemies got caught with its third-party pants down [...]
Once Again, Google Caves To Political Pressure And Supports Questionable STOP CSAM Law
It's not surprising, but still disappointing, to see companies like Google and Meta, which used to take strong stands against bad laws, now showing a repeated willingness to cave on such principles in the interests of appeasing policymakers. It's been happening a lot in the last few years and it's happened again as Google has [...]
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Head Of Federal Prosecutors’ Association Latest To Ask For Broken Encryption
After hearing consecutive FBI directors (James Comey, Chris Wray) drone on and on about how device and communication encryption are nudging us ever closer to the criminal apocalypse, it's kind of refreshing to hear from someone else equally as misguided. An op-ed written by Steven Wasserman recently appeared at The Hill. Wasserman opens his piece [...]
Trump Is Right (For The Wrong Reasons): A TikTok Ban In The US Would Be A Huge Problem
It's potentially forgotten in all the other nonsense that has happened over the past four years, but the initial push to ban TikTok" in the US started right after a bunch of TikTokers reserved fake seats for a rally that Trump's campaign people thought was going to be mobbed by people and ended up being [...]
Max Adds More Ads, Takes Aim As Password Sharing
We've documented in detail how the whole AT&T->Time Warner->Warner Brothers Discovery merger processhas been a pointless mess, resulting in no limits of layoffs and damage to the underlying brands. What was supposed to be a gambit by these companies to dominate streaming TV, wound up being a very expensive act of seppuku byover-compensated executivesclearlyout of [...]
Vehicle Cloning — Another Reason Not To Use Automated License Plate Readers
Over the last decade, increasing numbers of automated license plate readers (ALPR) have been installed on roads, bringing with them a variety of privacy problems, as Techdirt has reported. It's easy to see why ALPR is popular with the authorities: license plate readers seem a simple way to monitor driving behavior and to catch people [...]
Investigation: ‘Gold Standard’ Of Evidence Turned To Pyrite By Colorado Crime Lab Employee
Law enforcement investigators and prosecutors have overwhelmingly embraced plenty of pseudoscience over the years, treating everything from bite marks to hair samples as conclusive evidence capable of singling out guilty parties. Most claims were specious, backed only by expert" statements from law enforcement crime lab employees solely interested in confirming prevailing law enforcement theories. And [...]
Utah Lawmakers Just Adopted Porn Filtering Again
The Utah state legislature recently adopted a new bill that now requires the pre-installed pornography filters found on mobile devices to be turned on at the point of sale. If a device sold doesn't have these filters enabled, liability for device manufacturers and retailers is quite severe. I wrote about this bill earlier this month [...]
Biden Mostly Ignored The Internet In His State Of The Union, But He Still Has Some Terrible Ideas About It In His Agenda
Every year, the President lays out the administration's major agenda in the State of the Union address. For those of us who cover tech policy, there's always some fear that something dumb will be said. In the last couple of years, Biden pushed nonsense moral panics about the evils of the internet. So, in some [...]
NYC Mayor Eric Adams Says That If Police Radio Transmissions Aren’t Encrypted, The Terrorists Will Win
The NYPD has a problem with encryption, as do some of its preferred prosecutors. Back in 2010, Deputy Commissioner for Counterterrorism and Intelligence told NBC news reporters that the city was filled with terrorists willing to leverage everything from rocks, bottles, and accelerants" to wage war on New York - something aided by these speculative [...]
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5th Circuit Is Gonna 5th Circus: Declares Age Verification Perfectly Fine Under The First Amendment
Can the 5th Circuit ever do anything not crazy? You may recall that Texas, like so many states, passed a law, HB 1181, that required age verification for adult content sites. This law also required nonsense health warnings" to be plastered on those sites, which did not come from any actual health experts. The Free [...]
Once More With Feeling: Banning TikTok Doesn’t Do Much If We Don’t Regulate Data Brokers And Pass A Privacy Law
While it seemed like our national policy hysteria over TikTok had waned slightly in 2024, it bubbled up once again last week upon rumors that the White House is supporting a welcome and important" new bill that would effectively ban TikTok from operating in the United States. The bipartisan bill (full text) - which moved [...]
Funniest/Most Insightful Comments Of The Week At Techdirt
This week, our first place winner on the insightful side Toom1275 with a comment about Missouri's new speech police: Teaching kids the reality that trans people exist and are normal is no more grooming them than teaching kids that frogs exist is grooming them to become amphibians. In second place, we've got a double-winning comment [...]
Game Jam Winner Spotlight: Mickey Party
It's time for the second entry in our series of spotlight posts looking at the winners of the sixth annual public domain game jam, Gaming Like It's 1928! We've already featrued Best Visuals winner Flight from Podunk Station, and today we're taking a closer look at the winner of Best Adaptation: Mickey Party by Benjamin [...]
The NY Times War On All Wordle ‘Clones’ Continues
Remember Wordle? I sure do and one of the ways I start my days at work is to pull up the site and give it a quick play. But I honestly may just need to stop, given the behavior of the current owners of the game. For this discussion, you really do need to recall [...]
Prosecutor Dumps Case Against Migrant Charged With Murder Just Because One Of The Officers Assaulting Him Died After This Assault
Just imagine how petty and vindictive you have to be to change someone with murder just because they weren't arrested easily. Imagine how self-centered you have to be to present someone as an assailant just because they were unable to comprehend your instructions. Imagine just how inhumane you have to be to present a false [...]
Texas Court Dismisses Ken Paxton’s Lawsuit Against Yelp For Accurately Describing Crisis Pregnancy Centers
Last fall, we wrote about Yelp going to court in California to try to block Texas's indicted and facing trial shortly Attorney General Ken Paxton from suing the company for using its speech to accurately warn users that Crisis Pregnancy Centers" do not generally offer any actual medical care. As you may know, anti-abortion advocates [...]
RCMP All Pissed Off A Private Business Told It To Get A Warrant If It Wanted A Copy Of Parking Lot Camera Footage
Say what you will about the general politeness of Canadians and the genteel nature of their secondhand Britishness, but never forget their cops can be just as petty and vindictive as our cops. Law enforcement entities everywhere have a massive sense of entitlement. Officers and officials tend to think that people should comply with whatever [...]
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When Viral Advocacy Fails: TikTok’s Call Flood To Congress Backfires
Flooding Congress with phone calls can work wonders to stop bad bills at times. The SOPA blackout 12 years ago was one of the most effective advocacy campaigns in history. Coincidentally, I was at the Capitol that day, and wandering the halls between meetings, hearing phones ringing non-stop was amazing. However, that process was carefully [...]
Dish Network, The Trump Era ‘Fix’ For The Sprint T-Mobile Merger, Heads Into Its Final Death Spiral
Aging satellite TV provider Dish Network is supposed to be undergoing a major transformation from tired old satellite TV provider to streaming and wireless juggernaut. It was a cornerstone of a Trump administration FCC and DOJ plan to cobble together a new wireless carrier out of twine and vibes as a counter-balance to the competition-eroding [...]
Snap Sues USPTO Over Generic Trademark Denied For Being Generic
It's a point we have to make far more often than we should: trademark law is not designed to allow anyone or any company to simply lock up common language as their own. There are lots of ways the confusion around that expresses itself, but one of the most common concerns generic terms for goods [...]
Axon/Taser Once Again Caught Threatening A Government Agency For Not Giving It What It Wants
Axon, most famous for producing Tasers, is again making the sort of headlines it really shouldn't make. Everyone knows Taser. The company produces the most-used less lethal" weapons cops deploy. Less" is the key word here. It's basically a cattle prod for humans but one that's routinely deployed with less care than a cattle prod, [...]
Once Again, Ron Wyden Had To Stop Bad “Protect The Children” Internet Bills From Moving Forward
Senator Ron Wyden is a one-man defense for preventing horrible bills from moving forward in the Senate. Last month, he stopped Josh Hawley from moving a very problematic STOP CSAM bill from moving forward, and now he's had to do it again. A (bipartisan) group of senators traipsed to the Senate floor Wednesday evening. They [...]
Florida’s Unconstitutional ‘Stop WOKE’ Act Blocked By The 11th Circuit Appeals Court
Florida legislators - urged on by failed presidential candidate and governor for life" hopeful Ron DeSantis - have passed plenty of unconstitutional laws in hopes of marginalizing or silencing anyone who isn't straight, white, or voting straight-ticket Republican. Much like it's true anyone can break any law they like until they get caught, legislators can [...]
Biden Admin Finally Points Out That The Record In The Murthy Case Is All Lies
One frustrating thing in following everything that has happened in the case that started out as Missouri v. Biden and is now Murthy v. Missouri at the Supreme Court, is that the case is full of lies. The whole case is kind of a mess for a variety of reasons. This includes the original plaintiffs [...]
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Announcing Ctrl-Alt-Speech: A New Podcast About Online Speech
I'm super excited to announce our brand new podcast, created in partnership with Ben Whitelaw, who runs the brilliant Everything in Moderation newsletter: Ctrl-Alt-Speech. It's a weekly news podcast that Ben and I will be co-hosting, exploring what's happening in the world of online speech. It will cover issues related to trust & safety, content [...]
HP Tries Desperately To Make ‘Printer As A Subscription’ A Thing
When last we checked in with Hewlett Packard (HP), the companyhad just been sued(for the second time) for crippling customer printers if owners attempt to use cheaper, third-party printer cartridges. It was just the latest in a long saga where printer manufacturers use DRM or dodgy software updates to wage all out war on consumer [...]
Peoria Police Put Out Recruiting Poster Telling Recruits To Come Play ‘Call Of Duty’ In Real Life
Whatever your thoughts on policing in general in America, I would hope it would be largely uncontroversial to state that a huge percentage of Americans believe that police are generally over-militarized and at least slightly a little too trigger happy, especially when it comes to engaging minority communities. If you somehow think that there isn't [...]
Retailers Selling Thousands Of Identical, Easily-Hacked ‘Smart’ Doorbells
As we've noted for a very long time, sometimes dumb" tech is often the smarter option. In the rush to connect every conceivable technology and device to the internet (while seeing ever-improving revenues), smart technology" companies routinely cut corners. And the first sacrifice usually made (behind customer service) tends to be consumer privacy and device [...]
Twitter’s Former Top Execs All Sue Elon Over Missing Severance
It might not be the smartest idea to have Walter Isaacson trailing you and taking notes on your everyday moves when one of those moves is trying to breach the contract the top execs of the social media company you just overpaid for on a whim. In his book on Musk, Isaacson talked about how [...]
Malicious Compliance: End Of Stop And Frisk Just Led To Chicago Cops Hassling More Drivers
The gracious leeway of the Terry stop - as set down by the Supreme Court's 1968 decision - gave a lot a law enforcement agencies a permission slip for suspicionless stops of pedestrians. Random people got braced, patted down, aggressively questioned, and otherwise hassled. Very few arrests followed. Very little contraband was discovered. But it [...]
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Apple Doth Protest Too Much Regarding EU Antitrust Fine; But It’s A Weird Thing To Do Just As The DMA Is Taking Effect
It's no secret that I'm often skeptical of antitrust actions, many of which feel like bureaucrats doing a general punishment" for disliking a successful company, rather than an actual response to abusive, anti-competitive behavior by a large company. However, that does not mean that there is no place for antitrust enforcement. It's just that it [...]
Republicans Kill Popular FCC Program That Made Broadband Affordable For The Poor
The FCC's Affordable Connectivity Program (ACP), part of the 2021 infrastructure bill, currently provides 23+ million low-income Americans a $30 broadband discount every month. While it didn't get much hype, that's a big deal in a country where broadband affordability is a massive obstacle to adoption due to muted competition and high service prices. But [...]
Yulu Bikes Sues Kinetic Green In India Over Its ‘Zulu’ E-Bike Brand
Usually when we discuss trademark disputes, we tend to highlight examples and stories where the dispute is initiated by a party where we really, really don't think they have much of a leg to stand on. This story is different in that respect. In India, an eBike company called Yulu has sued a company called [...]
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