Feed techdirt Techdirt

Favorite IconTechdirt

Link https://www.techdirt.com/
Feed https://www.techdirt.com/techdirt_rss.xml
Updated 2025-11-21 18:00
Telegram Now Being Targeted By Politicians Because Terrorists (Also) Use It
Victims of terrorist attacks are busy suing Facebook, Twitter, and YouTube for supposedly providing material support for terrorism by not shutting down ISIS-related accounts fast enough. Twitter has gathered more negative attention than most, thanks to its inconsistent application of the "Twitter Rules." Not only has it fielded lots of complaints from so-called "alt-right" figureheads, but non alt-righter Senator John McCain tends to use the service as a national security punching bag during periodic bitchfests hearings on phone encryption.End-to-end encryption is also the bane of several governments' existence, but even all this concern about unintercepted criminal communications has yet to tip the scale towards mandated backdoors. Instead, pressure is being applied in other ways. Twitter recently killed off a few hundred thousand terrorist-linked accounts, so those looking for a new terrorist support network d/b/a a social media service have begun sniping at secure messaging service Telegram.Telegram has been the recipient of periodic signup surges, thanks to government action around the globe. WhatsApp, which recently added end-to-end encryption, has been routinely blocked by a handful of national governments, with Brazil denying access to its citizens most frequently. Every time WhatsApp is blocked, other encrypted messaging services see their user bases grow.The same will happen with alternatives to Telegram, which is now being labeled as ISIS's favorite chat app. The recent addition of a desktop version means encrypted communications aren't limited to terrorists with cellphones. That's apparently problematic, at least according to a few US legislators.
Amazon Refuses To Comply With Police Request For Amazon Echo Recordings In Murder Case
Well, you knew this was coming sooner or later. Reports came out this week (via the paywalled site The Information) that law enforcement in Bentonville, Arkansas issued a warrant to Amazon asking for any recordings that Amazon had from its Echo device that may have been relevant to a murder case they're working on. At issue is the Amazon Echo device owned by James Andrew Bates, who is accused of murdering Victor Collins a year ago. The key bit of information here is that Amazon refused to hand over any recordings that it might have logged, but did hand over more general information about Bates' account and purchases.
Sufferin' Trademarks: The Trademark Dispute Over The Word Succotash
If there is a common theme that runs through much of the posts we do on trademark disputes, it's that the ultimate responsibility for them lies at the feet of a USPTO that's only too willing to grant privilege on words and terms when it should not. The examples of this abound, from a video game trademark on the term "candy" to trademarks being granted in the entertainment market for the word "live."And now we can add to this list that the USPTO apparently granted a trademark for the restaurant industry to a company on the word "succotash." This came to light when that company, Knead Hospitality + Design, sent a cease and desist notice to Beth Barden, who runs a restaurant in Kansas City that goes by the name Succotash.
FDIC Latest Agency To Claim It Was Hacked By A Foreign Government
Another federal entity is reporting being hacked. And it's pointing its fingers (and the FBI, which is now investigating) at Chinese military hackers.
Vice Joins Trend Of Killing News Comments Because Giving A Damn About Your Site's Community Is Just Too Hard
We've talked a lot about how the trend du jour in online media is to ditch the news comment section, then condescendingly pretend this is because the website just really values user relationships. ReCode, NPR, Reuters, Bloomberg, Popular Science and more have all proclaimed that they just love their on-site communities so much, they'll no longer allow them to speak. Of course what these sites often can't admit is that they were too lazy or cheap to cultivate their communities, can't seem to monetize quality discourse, and don't really like people pointing out their story errors in quite such a conspicuous location.
DHS Now Asking Visa Applicants For Their Social Media Account Info
The outgoing president may have made Trump's national Muslim registry tougher to create, but that doesn't mean the US government can stop making foreigners feel unwelcome. An idea the DHS floated (to much criticism) this summer is now part of the official paperwork.
Daily Deal: Kinkoo 10-Port USB Charging Station
Turn your desk into a veritable charging powerhouse with this $38 Kinkoo 10-Port USB Charging Station. Pumping out 60W power through ten USB ports, this portable station will get all of your devices powered up in a jiffy. From iPhones to Androids to everything in between, any device with a USB charging cable will be really happy with this station.Note: The Techdirt Deals Store is powered and curated by StackCommerce. A portion of all sales from Techdirt Deals helps support Techdirt. The products featured do not reflect endorsements by our editorial team.
Why Does The USTR Still Think Any Website That Might Upset Hollywood Is Illegal?
We've written a few times in the past about the USTR's ridiculous "notorious markets" report, which is an offshoot of the already ridiculous Special 301 report, in which the USTR is supposed to name and shame countries that don't respect US intellectual property laws... based on whichever lobbyists whined the most to the USTR (seriously: the process is no more scientific than that). The "notorious markets" report is even more ridiculous, and lets the USTR go even further afield, often naming perfectly legal internet services just because Hollywood doesn't like them. It got seriously ridiculous last year when the USTR expanded the list of domain registrars, including the very popular domain registrar Tucows. The USTR claimed that it was okay to put Tucows on the list because it "failed to take action" when notified of infringement.
Obama Pulls Cybercommand Control From NSA; Changes To Take Effect Whenever
The NSA will have to satisfy itself with being the most powerful intelligence agency in the world. President Obama, rushing through some last-minute presidential business before handing over the title to an aspiring plutocrat, has split up the nation's cyberware command. This siloing prevents Cybercom from being run by the same military officer who oversees the NSA.
Court Says Government Needs Better Excuses If It Wants To Keep Hiding DEA Surveillance Docs
The EFF has won a small battle in a larger war against the US government for its continued withholding of documents related to its Hemisphere program. Files on this custom-built AT&T/DEA surveillance system have already made their way into the hands of the public. Contrary to the government's claims about other methods (warrants, subpoenas) taking too long to obtain phone records, previously-released documents showed AT&T employees worked directly alongside agents in DEA offices to perform instantaneous searches for records.The EFF is seeking information not included in the Powerpoint presentation already produced by the DEA. It's looking for records on court cases where evidence derived from the program was submitted, communications between the government and AT&T concerning the program, communications between government agencies about the Hemisphere program, and Congressional briefings related to the side-by-side surveillance effort.The government has refused to turn over much of what's been requested for a variety of reasons, the main one being infamous FOIA exemption b(5). The government has other reasons for withholding information, but this is its favorite. The court, however, finds that most of its arguments amount to little more than "because." From the opinion [PDF]:
Funniest/Most Insightful Comments Of The Week At Techdirt
This week, we saw a disturbing argument from a top US surveillance lawyer that technology has made the Fourth Amendment "outdated". One anonymous commenter won first place for insightful by refuting this as directly and bluntly as possible:
This Week In Techdirt History: December 18th - 24th
Five Years AgoThe anti-SOPA momentum continued to gain steam at an exponential rate this week in 2011. Both polls and wildly successful petitions were demonstrating that Americans across the political and demographic spectrum were opposed to the bill. And the list of high-profile voices realizing SOPA was a bad thing was growing by the day: the cable news networks figured it out, a CBS opinion piece went as far as calling for MPAA boss Chris Dodd to be fired over his position on it, and a Reuters columnist explained why SOPA is a cure worse than the disease. Long-retired political cartoonist David Rees picked up his pen again to oppose the bill, MythBusters' Adam Savage explained why it could destroy the internet, and Ashton Kutcher spoke up as well. Scribd launched a creative and aggressive campaign to educate its users, and all sorts of major internet infrastructure players started coming out of the woodwork to oppose SOPA. And, in a major surprise, the Heritage Foundation broke its pattern of support for the MPAA and opposed the bill too.Moreover, the bill's supposed "support" was crumbling. Gibson Guitars and several other companies that were listed as "in favor" stated that they said no such thing. Law firms started removing their names from those lists too. And, in a high-profile example of successful public pressure, GoDaddy reversed its position and withdrew all support.Ten Years AgoThis week in 2006, the recording industry was pursuing its more traditional strategy of just suing everyone. The RIAA dropped a case against a mom because it couldn't draw blood from a stone, and turned its attentions to her kids, while a bunch of record labels ganged up and sued Allofmp3.com despite already pressuring Russia into going after the site for them. Meanwhile, with even folks like Roger Ebert calling for eliminating movie release windows and giving customers more options, there was a mixed response from the industry: some folks, like Xbox, were offering actually good video download services, while others like Morgan Freeman (for some reason) were offering crappy competition.Fifteen Years AgoThis week in 2001, Universal began releasing copy protected CDs in the US to block people from ripping MP3s (or... playing the CDs in Mac computers or DVD players, because that's how you make a good product). A few days later, of course, the protection was easily cracked. Meanwhile, much like 2006's crappy Hollywood-built online movie services, the record industry's new MusicNet and PressPlay offerings were by all accounts pretty terrible, which might explain why music listeners across the board were mostly ignoring them. At least we also saw the seeds of some more successful digital innovations too: people began to notice that Netflix was a strong survivor of the dot-com bubble burst, and rumblings were afoot about selling games for mobile devices.
Stupid Patent Of The Month: Carrying Trays On A Cart
As you head home for the holidays, perhaps passing through a checkpoint or two, take some time to think about U.S. Patent No. 6,888,460, "Advertising trays for security screening." The owner of this patent, SecurityPoint Holdings, Inc., has sued the United States government for infringement. SecurityPoint recently won a trial on validity [PDF] and the case will now proceed to a damages phase. So, unless the validity decision gets overturned on appeal, we'll soon be paying tax dollars for the idea of moving trays on carts.Although the title of the patent mentions advertising, some of its claims do not require any ads at all. In fact, the patent is so broad it reads on almost any system of using trays and carts at a checkpoint. The first claim of the patent (with limitations labeled), reads as follows:
Merry Christmas: Kamala Harris Files Brand New Criminal Charges Against Backpage Execs After Last Ones Were Tossed Out
Never let it be said that Kamala Harris gives up after being told her totally bogus legal crusade is totally bogus. She's now filed brand new charges against the execs who run Backpage.com -- despite having the very same lawsuit thrown out a few weeks ago. As you may recall, for years, Harris (and some other state Attorneys General) have been crusading against the classified website Backpage, because some of its users use it to post illegal prostitution ads. As has been explained dozens of times, the proper thing to do in those situations is to use that information to go after those actually breaking the law. Instead, Harris and others have whined about their desire to put Backpage execs in jail instead (which won't actually stop any illegal activity -- since it will just move to another site).
Congressional Committees Say Backdooring Encryption Is A Bad Idea
Two bipartisan Congressional committees are the latest to express their opposition to government-mandated encryption backdoors. The House Judiciary Committee and the House Energy and Commerce Committee have arrived at the same conclusion as the experts FBI director James Comey insists on ignoring: encryption backdoors are a net loss for everyone, no matter what gains might be experienced by law enforcement and intelligence agencies.This is stated plainly in the first bullet point of its encryption report [PDF]:
The Surveillance Oversight Board Is Dead And It's Unlikely President Trump Will Revive It
The Privacy and Civil Liberties Oversight Board (PCLOB) -- at least partially responsible for recent surveillance reforms -- is dead. The first hints of its demise were tucked away in the annual intelligence budget, which gave Congress direct control of the PCLOB's investigative activities.The last vestiges of the board's independence have been stripped away and it seems unlikely the incoming president is going to have much interest in restoring this essential part of intelligence oversight. Congress now has the power to steer the PCLOB's investigations. A new stipulation requiring the PCLOB to report directly to legislators means intelligence officials will be less forthcoming when discussing surveillance efforts with board members.At best, the PCLOB would have limped on -- understaffed and neutered. That was back when the news was still good (but only in comparison). The Associate Press reports that Donald Trump is being handed the keys to a well-oiled surveillance machine, but with hardly any of the pesky oversight that ruins the fun.
City Passes Ordinance Mandating CCTV Surveillance By Businesses, Including Doctors And Lawyers Offices
Another government has decided to "protect" local businesses by forcing them to install surveillance cameras.
Daily Deal: Cisco Complete Network Certification Training
Give your IT career a big boost with the $59 Cisco Complete Network Certification Training. Through instructor-led videos, hands-on exercises and self-assessment tools, you'll learn everything you need to know about how to build and scale wireless networks, troubleshoot, and improve network resilience. The courses will help prepare you to take the Cisco CCNA, CCNP, and CCENT certification exams.Note: The Techdirt Deals Store is powered and curated by StackCommerce. A portion of all sales from Techdirt Deals helps support Techdirt. The products featured do not reflect endorsements by our editorial team.
Denuvo Spins Doom Dropping Its DRM Into A Victory Dance
The speed with which the prevailing opinion of Denuvo, the DRM unicorn de jour, has changed has been nearly enough to make one's head spin. It was only at the start of 2016 that the software was being rolled out en masse by many game publishers, leading some normally bombastic cracking groups to predict that the video game industry had finally found its final solution to piracy. That lasted until roughly the middle months of the year, when several games using the DRM were cracked. While Denuvo's makers remained fairly silent, the opinion of it shifted from "final solution" to "hey, it's still the hardest DRM to crack." Cracking groups that typically measure their work in weeks were finding cracking Denuvo to be a project measured in months. That likely explained why so many big-ticket games still used it. Until, somewhat suddenly, multiple big-name games began dropping Denuvo from their code via patches and updates. The latest example of this was Doom silently nixing Denuvo, with id Software not even referencing the move in its patch notes.And so the speculation began as to what was going on. Some said the game makers were finally realizing that DRM is pretty much useless at everything other than being a minor inconvenience for cracking groups and a major inconvenience for many legitimate customers. Others suggested that perhaps Denuvo offered some kind of money-back deal if a game using it was cracked within a certain time-frame. Still others claimed that publishers were only using the DRM during the initial release window of the game to protect it during the most crucial sales period, and then dropping it afterwards.Denuvo, just recently, publicly endorsed the last theory.
Smart Vibrator Company Settles Lawsuit For Over-Collection Of, Uh, Personal Data
The internet of really broken things is raising no limit of privacy questions. As in, companies are hoovering up personal data on smart-device usage, often transmitting it (unencrypted) to the cloud, then failing to really inform or empower consumers as to how that data is being used and shared. Though this problem applies to nearly all IoT devices, it tends to most frequently come up when talking about the rise of smart toys that hoover up your kids' ramblings, then sell that collected data to all manner of third parties. A company named Genesis toys is facing a new lawsuit for just this reason.
Court Won't Grant Immunity To Officer Who Issued A 'Be On The Lookout' Order On Whistleblowing Cop
While law enforcement barrels continue to spoil from the presence of "bad apples," one has to wonder: where are all the good cops? Chances are, they've been chased out of the force to make room for others with faultier moral compasses.In its affirmation [PDF] of the lower court's decision to strip Major Tommy Wheeler of the Douglas County Sheriff's Department of immunity in relation to defamation claims (and deny his motion to dismiss on the rights violation claim), the Eleventh Circuit Court recaps the events that led to this lawsuit.
Butterball Sues Australian Wine Company Over Its 'Butterball' Chardonnay
It just won't stop when it comes to trademark disputes involving the alcohol industry. Such disputes between wine, beer, and liquor companies are legion. In such a crowded industry, it needs to be hammered home that the purpose of trademark law is not so that big companies can bully smaller companies, but rather so that customers are protected from imitation products and from being confused as to who they are buying from.The latest such dispute is between Butterball, the turkey-selling king based out of North Carolina, and a small wine company in Australia. At issue is one of McWilliam's Wines Group's chardonnays, which the company has branded as its Butterball Chardonnay.
Nintendo Opens Up New Front In War On Fans: ROM Mods
Let it never be forgotten that Nintendo hates you, Nintendo fans. The gaming giant has a long and decorated history both of anti-consumer practices, such as attempting to poison the roster of YouTuber game reviewers, bricking consoles if gamers don't agree to its post-release EULA updates, and attacking some of its biggest and most creative fans by issuing takedowns and threats for fan-made game levels, fan-made games that have barely anything to do with its IP, and shutting down fan-made remakes of games that are decades old.Yet Nintendo has been notably lenient in some areas in enforcing its intellectual property as well. The most prominent of these would be what's referred to as "ROM hacks", in which the original Nintendo ROMs are modded to include new and original content. These ROM hacks abound and are readily available, requiring the original game (or a pirated version) in order to be used. Now, for the first time reported, one of these ROM hacks has fallen into the sights of Nintendo's lawyers.
House Oversight Committee Calls For Stingray Device Legislation
The Congressional Committee on Oversight and Government Reform has issued its recommendations on the use of cell site simulators (a.k.a. "Stingrays," presumably to Harris Corporation's trademark erosion dismay) by law enforcement. Its recommendations are… that something needs to be done, preferably soon-ish. (h/t Chris Soghoian)
Universal Studios Misses A Chance To Be Awesome And Instead Tries To DMCA Leak Of Unfinished 'Mummy' Trailer
Universal Pictures, it will not surprise you, has a long history of being overtly protectionist on anything to do with its intellectual property. This has led to stories both funny and infuriating. The studio's legal team, for instance, once asked Google to delist 127.0.0.1 for piracy, with that IP address essentially serving to denote the machine currently in operation. It's "home", in other words. On the other side, Universal's lawyers sent out licensing bills to fans its marketing team had asked to pimp one of its movies for free.Universal keeps a tight grip in an attempt to control everything to do with its products, in other words. But when the internet is involved, such attempts at control can go horribly, horribly wrong. Such is the case with the recent leak of an unfinished trailer for the upcoming film The Mummy.
Top US Surveillance Lawyer Argues That New Technology Makes The 4th Amendment Outdated
Reuters has an interesting piece looking at how many experts are concerned that mass surveillance efforts by the federal government are making a mockery of the 4th Amendment. The focus of the article is on the scan of all Yahoo email that was revealed back in October, but it certainly touches on other programs as well. The concern is easily summarized by Orin Kerr:
Daily Deal: AirBeans True Wireless Stereo Earbuds
Free your audio from wires with these AirBeans True Wireless Stereo Earbuds, perfect for working at your desk, exercising, or just making calls throughout your day without distraction. Featuring Bluetooth 4.1 technology and noise reduction, these earbuds stream crisp, powerful sound from your device without any lag. The magnetic charging case automatically charges the earbuds up when they're not in use and can add up to 6 hours of additional playback time. The AirBeans are on sale for $69.99 in the Techdirt Deals Store.Note: The Techdirt Deals Store is powered and curated by StackCommerce. A portion of all sales from Techdirt Deals helps support Techdirt. The products featured do not reflect endorsements by our editorial team.
Publishing Lobbyists Suck Up To Trump With Lies About Copyright, Ask Him To Kill DMCA Safe Harbors
With the Donald Trump administration fully taking shape, lobbyists for basically every industry (yes, including tech and internet companies) are groveling before the President with whatever their pet projects are. The latest to put together a letter is the Association of American Publishers, via its top lobbyist Allan Adler. You may recall Adler from a few years ago, in which he explained why his organization opposed a copyright treaty for the blind, noting that his members were upset about the idea of ever including user rights in international treaties, and only wanted to see international agreements that focused on stronger copyright protections. So, you get a sense of where he's coming from.
Company Bricks User's Software After He Posts A Negative Review
We've seen lots of terrible responses to negative reviews and other online criticism -- most of which end with the offended party having earned plenty of new enemies and gained nothing at all in the reputation department. If it's not completely bogus libel lawsuits, it's bogus fees being charged to end users for violating non-disparagement clauses buried deep within the company's terms of service.Fortunately, a federal law going into effect next year will limit some of this bullshit behavior. It won't prevent companies and individuals from filing bogus libel lawsuits, but it will prevent entities from using contractual clauses as prior restraint on negative reviews and criticism.This tactic, however, is a new twist on the old "punish customers for negative reviews" game. A user of Ham Radio Deluxe wasn't too happy with its apparent incompatibility with Windows 10. He posted a negative review of the software at eHam.net, calling out the company for its seeming unwillingness to fix the underlying issue.
Google's Larry Page Got Bored Of Disrupting The Telecom Sector With Google Fiber
Back in October Google Fiber confirmed that all was not entirely well at the disruptive broadband provider. The company announced that not only would it be shaking up its executive leadership, it would be eliminating some Google Fiber employees and putting a hold on fiber deployment to around nine cities (existing builds will continue, however). There were several reasons for the shift, the biggest being that the company wasn't happy with the time it was taking to build networks from scratch, and was considering a notable pivot to next-generation wireless to save both time and money.
First Amendment Victorious: Protects Anonymous Critics On PubPeer
Another nice win for free speech and online criticism has been handed down by the Michigan Court of Appeals in a defamation lawsuit targeting commenters at PubPeer, a site dedicated to anonymous reviews of published research. As is often the case with any site dedicated to criticism, PubPeer's users managed to anger targets of their comments and commentary.
Winery Loses Trademark Suit Against Other Winery Over The Term 'Signature'
I'm going to keep ringing the warning bell about how the explosive growth in the beer and wine businesses has resulted in a similar explosion in trademark disputes until people start listening. An industry that has benefited from so much interest and competition is eventually going to find itself with a massive litigious roadblock on its hands if something isn't done. That said, the typical trademark dispute in the alcohol spaces normally deals with fairly creative names, artistic labels, or cross-industry trademark concerns. Less common are the types of trademark disputes in which the trademark in question is laughably broad or common.Less common, but not completely absent, however. In Australia, for instance, one winery sued another over a trademark it holds on the word "signature." The suit failed for exactly the reasons you're thinking of.
Government Agency Says It Will Cost $1.5 Million To Compile Birth/Death Data, Then Refuses To Release It At All
The easiest way to thwart a public records request is to demand a ridiculous amount of money up front. The McKinney Texas Police Department tried to chase away a request for records on a controversial cop by asking for $79,000 to fulfill it. Florida's state attorney's office stiff-armed a mother requesting official documents related to her own daughter's suicide by telling her it would cost at least $180,000 to round up the records. Even the federal government gets in on this action, with the FBI telling MuckRock it would cost more than a quarter-million dollars to deliver its records on government contractor Booz Allen.Here we have more of the same… only with even higher fees and a government agency plainly uninterested in fulfilling a request.
Google Finally Wins One Of Those Nutty Defamation Lawsuits Down Under
Over the past few years, we've written about a series of truly nutty court decisions in Australia that have found Google and Yahoo liable for defamation for certain search results. In writing about it, we've seriously angered some of the plaintiffs in those cases, including one who went on a rampage posting a bunch of blatantly made up info about us, apparently thinking they were "proving a point" about how we'd get upset about defamatory material being posted about us. Another, Milorad Trkulja, sent us one of the nuttiest legal threats we've ever seen, which was then followed up with an even more ridiculous threat from an Australian lawyer who seemed to not fully understand the legal threats he was making (nor the difference between "drivel" and "dribble.")
European Court Of Justice Rules Against UK's Mass Surveillance Program
Over the summer, we noted that the Advocate General for the European Court of Justice had sort of punted on the issue of whether or not the UK's Data Retention and Investigatory Powers Bill (DRIPA) was actually legal. Thankfully, the final ruling is much clearer: "general and indiscriminate retention" of emails and other electronic communications is illegal in the EU according to the court. The only thing that is allowed is targeted interception, used to combat "serious crime."
The Battle Over Public Performance Rights Of Old Music Heats Up: NY Rejects, Supreme Court Petitioned
For many years now we've been covering the ridiculous legal disputes over pre-1972 sound recordings. Without going into all of the history, the short version is that while music compositions have long been covered by copyright, the actual sound recordings were not until the early 1970s, going into effect in early 1972. Under the legal regime at the time, the 1909 Copyright Act, it was widely accepted that sound recordings could not qualify for copyright under federal copyright law until that law was changed in the run-up to the 1976 Copyright Act. However, due to a lot of lobbying, many states set up either state-based copyright regulations, or a common law regime through the courts, that recognized certain copyright-like exclusive rights in sound recordings. These were all basically wiped out with the 1976 Act, which included a preemption clause that basically said all copyright is now federal and state copyright law is wiped out. That left a gray area, though, for pre-1972 sound recordings, which technically weren't covered by federal copyright law, but it was unclear if state law applied. That created some problems, including extending the length of copyright on those sound recordings way, way, way beyond when they would have gone into the public domain.
Daily Deal: CloudApp Storm
CloudApp Storm is the all-inclusive platform for capturing, annotating, and sharing anything from screenshots and GIFs to screen video recordings. Communication with your full team is a snap with CloudApp, allowing you to share via link or integrate seamlessly with hundreds of productivity services to streamline your workflow. We're offering deals on three different subscription packages: 1 year for $30, 3 years for $90, and 5 years for $150.Note: The Techdirt Deals Store is powered and curated by StackCommerce. A portion of all sales from Techdirt Deals helps support Techdirt. The products featured do not reflect endorsements by our editorial team.
South Carolina Senator Wants To Charge Computer Purchasers $20 To Access Internet Porn
Oh lord. Another porn blocking bill.A state senator from South Carolina thinks he can save his constituents from a mostly-imaginary parade of horribles by erecting a porn paywall. Only none of this paywall money will go to porn producers or actors. Instead, it will all go to the fine state of South Carolina… you know, theoretically... if there were actually any way to effectively enforce this.
Unsealed Clinton Email Warrant Asks Court To Maintain Secrecy Of Investigation James Comey Publicly Announced To Congress
The FBI's search warrant for Anthony Weiner's laptop was unsealed and released yesterday. This isn't the warrant the FBI originally used to seize and search the laptop. That one was looking for evidence related to allegations Weiner sexted an underage girl.This warrant is the second search warrant for the same laptop, related to the discovery of emails to and from Hillary Clinton on it. This discovery during an unrelated search prompted Comey to write a letter to Congress informing it that he was going to be diving back into the Clinton email investigation.The second dive into emails stored on the laptop by former Clinton aide (and estranged spouse of Anthony Weiner) Huma Abedin resulted in the discovery of nothing the FBI hadn't already seen. Comey apologized for getting everyone hot and bothered by his shouting of "CLASSIFIED!" in a crowded electoral season, but believed his actions were justified because he feared this information would likely leak anyway.Leaks did abound, but the emails found on the laptop were ones that had already been seen by the FBI during its earlier investigation. Since no charges are being brought against Clinton (or Abedin) for mishandling of classified information, there's likely going to be no Fourth Amendment challenges raised in regards to the evidence the FBI didn't find.If for some reason there was, I'm sure the FBI would feel the "plain view" exception (or perhaps "inevitable discovery," although plain view is a more accurate description...) would apply to its discovery of possible evidence completely unrelated to the Weiner sexting investigation at hand. As the affidavit explains, the normal process of going through emails for the Weiner investigation resulted in the viewing of email header info pointing to Hillary Clinton's private email server.Having "segregated" those emails, the FBI applied for a second warrant [PDF] to search the content of those communications for classified material. As we know now, nothing of interest was found. Still, there was only the minimum of probable cause to search the content of these stored emails: that Hillary Clinton's email address appeared in the header info. This small possibility the seized emails may have contained classified information was used to justify a second forensic imaging of the seized laptop.What's completely ridiculous about the affidavit is the agent's request that the affidavit and warrant be sealed because of the "confidential nature" of the investigation. Never mind the fact that James Comey himself blew past other FBI officials' recommendations and outed the results of the first investigation in a public press conference. Then he did it again with his letter to Congress on October 28 -- two days BEFORE this FBI agent asked for the sealing of documents because the investigation was apparently too "sensitive" to be made public.It could be the agent prepared this affidavit before Comey decided to go public with his announcement, but the signature and date of October 30th appear directly below this paragraph claiming this information needed to be withheld from the public. And the judge granted it, which is just as much of an absurdity. It's not as though no one was aware of Comey's announcement. It was literally in all the papers. But, hey, law enforcement loves boilerplate and, apparently, magistrates' eyes start glossing over by the time they get to affidavit signature pages, because no one thought this request might sound ridiculous given the circumstances surrounding it.
Remaining FCC Commissioners Promise To Gut Net Neutrality 'As Soon As Possible'
We've already noted how large ISPs are licking their chops on reports that the incoming Trump-led FCC plans to not only gut net neutrality, but to defang and defund the FCC also. Most of Trump's telecom advisors have direct ties to telecom; one, former Sprint lobbyist Mark Jamison, doesn't think telecom monopolies are real. Verizon lawyer turned current FCC Commissioner Ajit Pai is rumored to be the most likely candidate for future FCC boss, and just last week proclaimed that net neutrality's days are numbered under Trump.
European Information Security Advisory Says Mandating Encryption Backdoors Will Just Make Everything Worse
More and more entities involved in government work are coming out in support of encryption. (Unfortunately, many governments are still periodically entertaining backdoor legislation...) While recognizing the limits it places on law enforcement and surveillance agencies, they're not quite willing to sacrifice the security of everyone to make work easier for certain areas of the government.The European Union for Network and Information Security (ENISA) has just released its report [PDF] on encryption and finds it to be pretty much essential for everyone's security. Any efforts to undermine this harms the public more than it helps them. (h/t Tom's Hardware)
Court Says Abandoned Phone Locked With A Passcode Still Has Expectation Of Privacy
A Florida Court of Appeals has handed down a somewhat surprising ruling [PDF] in a case centering on evidence obtained from a teen's cellphone. (via FourthAmendment.com)Two juveniles fled their vehicle during a traffic stop, with one of them (referred to as "K.C." in the ruling) leaving behind his cellphone on the car's seat. This phone -- whose lockscreen featured a photo of someone who "looked similar" to "K.C." -- was taken by the officer.Several months later, the PD's forensic lab was asked to determine ownership of the phone. The phone was locked with a passcode, but the lab was able to unlock and retrieve this information. No warrant was obtained and the search apparently wasn't limited to determining ownership. The use of evidence obtained from the phone was challenged, but the state felt it had plenty of warrant exceptions to save its search.
Dental Firm Tries To Dodge Section 230 With Trademark Claims; Runs Headfirst Into Anti-SLAPP Law
Abbey Dental of Las Vegas doesn't like the number of negative reviews that are piling up at Pissed Consumer. But that's about all it (and its lawyers) know. It seems to understand that taking on Pissed Consumer with a defamation lawsuit would be a complete failure, as would be any effort it made to sue individual reviewers. Nevada has an anti-SLAPP law in place, which would fit Abbey Dental's attempt to artificially resuscitate its reputation to a tee.So, instead of handling this in the normal way (which would also be the route least likely to succeed), the company has decided to take a more oblique approach: a lawsuit filed in federal court (to better dodge the state's anti-SLAPP law) centered on a variety of tremendously stupid trademark infringement claims.Pissed Consumer, represented by Marc Randazza, has decided to swerve as well -- the better to attack Abbey Dental's circuitous claims head on and ensure it doesn't escape the anti-SLAPP statute it's so desperate to avoid.As is noted in the first footnote of Pissed Consumer's motion to dismiss/summary judgment request [PDF], the defendant and its lawyer have given Abbey Dental plenty of time to back away from the precipice.
Techdirt Podcast Episode 103: Is The Internet Of Things The Future, A Total Mess, Or Both?
The internet of things has been taking plenty of flak ever since the first time someone floated the idea of a connected fridge or some-such in the 90s — but despite the knee-jerk instinct to scoff at such things, the truth is there are all sorts of interesting possibilities emerging from all these "pointless" connected devices. Of course, there are also some serious security concerns... This week, we discuss the IoT and what the ever-increasing presence of such devices means for the future.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. If you're a fan, consider supporting us on Patreon to access special bonus episodes.
Kurt Eichenwald Sues Twitter Troll Over Alleged 'Epileptic' Image Assault
So, just to be upfront about stuff, reporter Kurt Eichenwald doesn't like us here at Techdirt very much. We've written about him a few times, and he's never been at all happy with our coverage because the two times we've written about him it was to call into question his reporting. The first time was a few years ago, when he made some ridiculous logical leaps in asserting that Ed Snowden was a Chinese spy and all of his leaks was just to cover up Chinese cyberattacks. Then, just a few months ago, we called him out for massively overselling a story, where he falsely claimed (and later deleted his tweets claiming this) that he had proof that Wikileaks was connected to the Russians. This was based on a long and convoluted series of events that proved no such thing. It may be true, but Eichenwald had no proof. He massively oversold a story that later turned out to just be that a part time writer based in DC at a Russian-owned publication made a mistake in misattributing a quote -- and Eichenwald assumed all sorts of ridiculous things.
Families Of Orlando Shooting Victims Sue Twitter, Facebook, And Google For 'Supporting Terrorism'
Remember that time when Google, Twitter, and Facebook helped shoot up a nightclub in Orlando, Florida? Me neither. But attorney Keith Altman does. He's representing the families of three of the victims of the Pulse nightclub shooting in a lawsuit alleging [sigh] that these tech companies are somehow responsible for this act of terrorism.
Daily Deal: Scrivener for Windows
Unleash your inner novelist and let Scrivener help manage your writing project. Available for $20, the Scrivener household license allows you to access your work on multiple devices. Scrivener replaces bits of paper, index cards and sticky notes by allowing you to storyboard projects, to edit and work on different sections, either alone or in concert, and to post notes and access research. There's a script formatting function to help you write the next classic movie hit, a name generator, and the ability to freely edit and restore to older versions so you won't lose anything as you dive deep into the creative process.
James Clapper's Office To Finally Reveal NSA's 'Incidental Collection' Numbers
Prior to the Snowden leaks making it unignorable, the NSA denied the incidental collection of Americans' communications was much of a problem. Ron Wyden and Mark Udall were two of the few members of the NSA's oversight willing to ask tough questions. One of the questions they asked -- all the way back in 2011 -- was how many Americans were spied on by the NSA's programs. The answer may shock you cause uncontrollable eyerolling.
DMCA Process Abused To Nuke Post About Researcher Who Faked Data On Federally-Funded Study
Wonderful. It's another one of those anomalies that happens all the time: copyright as censor.This time, the person abusing copyright protection tools to shut someone up is a disgraced researcher (Kaushik Deb) who received a three-year federal funding ban for "intentionally, knowingly, and recklessly" fabricating data in a research paper created with tax dollars.
Why Does It Still Take Press Attention For Comcast To Fix Obvious Screw Ups?
Just about every year, like clockwork, Comcast will breathlessly insist that it has finally turned the corner when it comes to the company's historically abysmal customer service. In 2014, Comcast even went so far as to make a big deal about the fact it had hired a new "customer experience VP" who, the company promised, would finally get to the bottom of why Comcast has been ranked among the worst companies in any industry in America in terms of customer service and support. The end result: Comcast is still among the worst companies in America in terms of customer service and support.
...370371372373374375376377378379...