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The FBI's surreptitious recording devices -- scattered around three California courthouses -- raised a few eyebrows when the recordings were submitted as evidence. The defense lawyers wondered whether the devices violated the conversants' expectation of privacy, admittedly a high bar to reach considering their location near the courthouse steps -- by every definition a public area.The defense team cited a Supreme Court decision involving phone booths, hoping to equate their clients' "hushed tones" with closing a phone booth door. Small steps like these -- used by everyone -- are attempts to create privacy in public areas, but courts are very hesitant to join defendants in erecting privacy expectations in public places.A judge presiding over one the cases (involving alleged bid rigging for auctioned property) thought there might be something a bit off about the location of the FBI's devices.

Law enforcement is still trying to break into iPhones and still using the All Writs Act to do so. A sex trafficking prosecution involving the ATF has resulted in a suspect being ordered to cough up his, um, fingerprint, in order to allow investigators to access the contents of his phone. Matt Drange of Forbes has more details [caution: here there be ad-blocker blocking]:

We've noted for a long time now that copyright laws are regularly used as a tool for censorship. In Russia, abusing copyright law for censorship and to harass political opponents has become standard. Remember how the Russian government teamed up with Microsoft to use questionable copyright claims to intimidate government critics? And then how the MPAA gleefully got into bed with Russia's media censor to celebrate copyright? Of course, Russia also expanded its ability to use copyright to censor the internet, following pressure from short-sighted US diplomats, demanding that Russia better "respect" copyright laws.

If you've followed the whole TPP (Trans Pacific Partnership) thing at all, and/or the Presidential election this year, you probably already know that Hillary Clinton famously flip-flopped on TPP. She was for it, before she was against it (and tried to rewrite history to hide her support of it). Of course, basically everyone recognized that her newfound concerns about TPP were made up, as a response to (at the time) surging support for Bernie Sanders, who was vocally against the agreement. But, of course, as tons of people have been saying all along, everyone expects that after the election she'll magically flip flop back to supporting TPP.

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How do we know the CFAA is a terrible law? Because even "civilians" abuse it. Or at least try to.Back in April, the Colorado Republican Committee's (CRC) Twitter account tweeted out something a bit concerning after Ted Cruz nailed down all 34 delegates at a committee assembly in Colorado Springs.If you can't see the tweet, it says:

Last week we noted how the cable industry was distorting the definition of copyright to try and fend off the FCC's attempt to bring competition to the cable box market. Through misleading editorials and leveraged relationships with beholden lawmakers, the cable industry has been successfully convincing some regulators that we can't bring competition to the cable box or we'll face a piracy and copyright apocalypse.

Over the last year we've repeatedly noted how Putin's Internet propaganda efforts go well beyond flinging insults in news story comment sections. Thanks to whistleblowing by the likes of Lyudmila Savchuk, we learned how Putin employs multiple factories operated by a rotating crop of shell companies whose sole purpose is to fill the internet with Putin-friendly drivel twenty-four-hours a day. Early reports noted how these efforts focused on what you'd expect from Putin: discrediting reporters, distorting Russia's invasion of the Ukraine, or opposing Finland's entry into NATO.

A year ago, we wrote about an interesting new organisation called Bellingcat. Although it's not clear what kind of project it should be called, it's easy to understand what it does: it takes publicly-available information from many sources, and tries to piece together the jigsaw puzzle of contemporary events. Its most recent analysis is an extremely topical piece of work:

The EU's "Cookie Law" is a complete joke and waste of time. An attempt to regulate privacy in the EU, all it's really served to do is annoy millions of internet users with little pop up notices about cookie practices that everyone just clicks through to get to the content they want to read. The EU at least recognizes some of the problems with the law and is working on a rewrite... and apparently there's an interesting element that may be included in it: banning encryption backdoors. That's via a new report from European Data Protection Supervisor (EDPS) Giovanni Buttarelli, who was put in charge of reviewing the EU's ePrivacy Directive to make it comply with the new General Data Protection Regulation (GDPR) that is set to go into effect in May of 2018. The key bit:

Last week, Joi Ito, director of the MIT Media Lab (and a very sharp thinker on a variety of topics related to innovation) announced a really cool new award that the lab was putting together: a Rewarding Disobedience award, for $250,000, funded by LinkedIn founder Reid Hoffman:

Any time we discuss the segment of our population that is still, despite all evidence to the contrary, pushing anti-vaccination conspiracy theories out into the ether, the comments section is inevitably invaded by these proponents. I know I can't stop it, so just go ahead and leave what I'm sure will be your well-reasoned, science-backed arguments as to why we shouldn't trust one of the most life-saving kinds of medicine ever invented.That said, this is not a post about the plausibility that vaccinations are the reason for all the world's ills. It is instead a post about how the distributors of the upcoming sure-to-be smash hit film about the horror of vaccinations, creatively entitled Vaxxed, are also going around threatening people arguing against its message with defamation for pointing back at the filmmakers' own words.Meet Fiona O'Leary of Ireland. Fiona is an advocate for autistic children, helping to run a group called ART (Autistic Rights Together) as well as a Tumblr page dedicated to dispelling the myths of autism and vaccines. On that Tumblr page and on social media, O'Leary has often set her sights on the makers and distributors of Vaxxed, including producers Polly Tommey and Del Bigtree. Included in her pushback, O'Leary points out some rather unfortunate comments both have made about autistic children, as well as interviews and videos in which Tommey in particular pushes religious faith to treat autism. Through it all are the calls for parents to not vaccinate their children.The result of this work has been a letter sent threatening a defamation lawsuit.

Silicon Valley has produced lots of disruptive technologies — ways to solve problems by upending entrenched industries and, often enough, routing around protectionist regulations. But not all regulations are meaningless, not all industries are easy to disrupt, and sometimes "fake it until you make it" becomes plain old lying. This week, we discuss what happens when "disruption" goes wrong.Follow the Techdirt Podcast on Soundcloud, subscribe via iTunes, or grab the RSS feed. You can also keep up with all the latest episodes right here on Techdirt.

Remember the little girls singing a song for Trump called the USA Freedom Kids? We wrote about it earlier this year after the performance was taken down due to a copyright dispute (of course). The video of the song went viral for a week or two and then died out:Now, the Washington Post is reporting that the group is preparing to sue the Trump campaign and are no longer sure they support him as a Presidential candidate. The details are a little confusing and no actual lawsuit has been filed, so perhaps take this with a large grain of salt. Jeff Popick, who wrote the song, and is the father of the little girl in front, is claiming that the campaign violated the agreement it had with the group. Except, it wasn't a written agreement, just a verbal one:

So for years and years and years, every time a musician or a group whined about politicians using their music at an event, we'd point out that they have no legal basis to complain. Assuming either the venue or the campaign (or both) had the proper blanket licenses from ASCAP/BMI/SESAC no other permission was needed. That's actually part of the point of the structure of those blanket performance licenses. Everyone recognizes that it would be virtually impossible to play music publicly without such a blanket license structure. And so, every time a musician complains that the use was "unauthorized," they're almost certainly wrong. In fact, we pointed that out (again) for the nth time earlier this week. Now, as we've said all along, we still think smart politicians and smart campaigns should first seek out musicians who don't mind (or, better yet, who endorse the candidate), because otherwise they're just giving someone famous an easy platform to slam them. But, from a legal standpoint, we've always pointed out that there's basically no legitimate argument here, and people who toss around non-copyright theories like publicity rights and Lanham Act arguments are generally wrong.

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There's been plenty of talk, of course, about whether or not Russia did the hack that exposed various Democratic National Committee emails and other documents. While we've already pointed out that this shouldn't impact the newsworthy nature of the material leaked, it's still an interesting story. We've highlighted some reasons to be skeptical of the claims attributing the hack to Russia, but it does appear that more and more evidence is pointing in that direction. Thomas Rid, over at Vice, has a pretty good analysis of why much of the evidence points to Russia as being behind the attack, and the FBI is now apparently on board with that as well. While I'd still prefer more evidence, at least at this point, it should be admitted that there's quite a lot of evidence pointing in Russia's direction making it, at the very least, the most likely suspect.

If you're a long-standing reader of Techdirt, you know we've well documented the shitshow that is the "internet of things." It's a sector where countless companies were so excited to develop, market and sell new "smart" appliances, they couldn't be bothered to embrace even the most rudimentary security and privacy standards once these devices were brought online. The result is an endless stream of stories about refrigerators, TVs, thermostats or other "smart" devices that are busy hemorrhaging personal data, inadvertently advertising that sometimes the smart option -- is actually the dumb one.

The Russian government's state censorship organization, Roskomnadzor (technically its telecom regulator) has been especially busy lately as the government has continued to crack down on websites it doesn't like. However, as pointed out by Fight Copyright Trolls, it appears that Roskomnadzor may have gone a bit overboard recently, in response to a court ruling that had a massive list of sites to be banned (over a thousand pages). Apparently, as part of that, various sites associated with Comodo were all banned. That's pretty bad for a variety of reasons, starting with the fact that Comodo remains one of the most popular issuers of secure certificates for HTTPS.

In the last few months, Facebook Live has certainly become "a thing." Launched just recently, it was suddenly everywhere -- from the pure (but very viral) joy of Candace Payne and her Chewbacca mask to the live streaming of the tragic aftermath of Philando Castile being shot by a police officer in Minnesota. Of course, it appears that part of the reason why Facebook Live is getting so much usage isn't necessarily that it's a better product than its competitors, but rather that Facebook has been generously throwing around cash to all sorts of people and companies to get them to use the platform. Last month, it was reported that Facebook was paying many millions of dollars to big media players in exchange for them promising to broadcast via Facebook Live:

Every time this case has come up (and it's been bouncing around the courts for a while now), I've been meaning to write about it, but am only just getting around to it now that organizations are filing amici briefs with the Supreme Court. The case is Star Athletica v. Varsity Brands, and it sounds kind of stupid: the issue is that both companies make cheerleading uniforms, and Varsity Brands accused Star of copying its uniform designs. Star argued that as a "useful article" a cheerleading uniform is not subject to copyright protection, and it won at the district court level. The 6th Circuit, however, reversed that ruling about a year ago, saying that while the uniform design may not be copyrightable, elements within the design (stripes, zigzags, chevrons, etc.) could be.

The Sixth Circuit appeals court easily upheld a lower court ruling dismissing a ridiculous lawsuit against Google and others last week. The lawsuit was filed by a guy named Colin O'Kroley, and the summary in the ruling explains the situation pretty well:

Last week, we (like many others) reported on the news that Turkey was blocking access to Wikileaks, after the site released approximately 300,000 emails, supposedly from the Turkish government. We've long been defenders of Wikileaks as a media organization, and its right to publish various leaks that it gets. However, Zeynep Tufekci, who has long been a vocal critic of the Turkish government (and deeply engaged in issues involving the internet as a platform for speech) is noting that the leak wasn't quite what Wikileaks claimed it was -- and, in fact appears to have revealed a ton of private info on Turkish citizens.

You may recall that almost three years ago, the BitTorrent search engine IsoHunt agreed to shut down and to "pay" Hollywood studios $110 million. The number was a joke, because IsoHunt and its creator didn't have $110 million. It's just that the legacy copyright players always like to end these lawsuits with a giant headline grabbing number, while they've quietly agreed to accept very little, if any, actual money (and whatever money they do receive is not then distributed to any artists). The Sony email hack a few years back revealed that the industry does this frequently in closing out its lawsuits against search engines. IsoHunt was more or less forced into that settlement after the MPAA misled the court about IsoHunt's actions. But the court bought it, and the IsoHunt court rulings have created some really unfortunate precedents. It's the case that the legacy players always point to, because it's the only case to find that a search engine platform has "red flag knowledge" of copyright infringement without having specific knowledge of infringing files.

Yes, let's start with the obvious: John Oliver's "Last Week Tonight" is a comedy program meant to entertain and is not meant to be journalism. It's a point that Oliver himself has made repeatedly. But others disagree with him, pointing out that his show regularly does actual journalism. The fact that he's hired a bunch of journalists on his team kind of says a lot. Also, according to multiple people I know who have been interviewed for stories on his show, while his focus is on making things funny, his team also spends a lot of time making sure they get the details right. It's why we so frequently end up posting his videos on stories that relate to Techdirt topics -- because they're not only entertaining, but are also generally dead on in accuracy. It's why we've posted his videos on net neutrality, corporate sovereignty, encryption, surveillance, civil asset forfeiture and patent trolls.

Remember when Yahoo rejected a $44.6 billion offer by Microsoft? Good times. After months of redundant rumors about the bidding process, Verizon has confirmed that it has acquired Yahoo in a $4.8 billion all cash deal. According to Verizon's press announcement, the acquisition of Yahoo's stumbling empire will position Verizon as a superpower in the new media age, helping the formerly stodgy telco in its pivot toward slinging ads at Millennials. As you might expect, the press release trots out AOL boss Tim Armstrong to sell a dull deal he claims will finally let poor Yahoo shine:

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So you may have seen reports last week charging CloudFlare and some other tech companies with "aiding" internet malware pushers. The "report," called "Enabling Malware" was announced in a press release last week from the Digital Citizens Alliance -- a group that describes itself as representing consumer interests online:

As you almost certainly know by now, on Friday Wikileaks released a bunch of hacked DNC emails just before the Democratic Presidential convention kicked off. While Wikileaks hasn't quite said where it got the emails, speculation among many quickly pointed to Russian state sponsored hackers. That's because of the revelation last month of two sets of hackers breaching the DNC's computer system and swiping (at the very least) opposition research on Donald Trump. Various cybersecurity research firms, starting with CrowdStrike, which was hired by the DNC to investigate, pointed the finger at the Russians.

Protip: maybe don't laugh off accusations that you're bad at cybersecurity in emails on a network that has already been infiltrated by hackers. That message did not make it through to one Eric Walker, deputy communications director for the Democratic National Committee. As you've heard by now, the DNC got hacked and all the emails were posted on Wikileaks. An anonymous user in our comments pointed us to a now revealed email from Walker brushing off a story in BuzzFeed, quoting cybersecurity professionals arguing that both the RNC and the DNC are bad at cybersecurity, mainly because they're handing out USB keys at their conventions.

Yahoo's in the middle of another national security-related courtroom battle, albeit somewhat inadvertently. Its response to a discovery order in a drug dealer's trial has left the defense wondering exactly how the hell it complied with it. Joseph Cox of Motherboard has more details.

One of the biggest stories this week was the shutdown of Kickass Torrents and the arrest of its owner, all of which we pointed out had questionable basis in actual law. That One Guy won most insightful comment of the week with the theory that this doesn't matter at all:

Five Years AgoThis week in 2011, the battle over the PROTECT IP bill continued, with the MPAA utterly failing to address the concerns of experts and the creators of the internet and the Copyright Alliance vaguely trying to "set the record straight" by responding to an un-linked, un-cited post written against the bill. We pointed to a variety of examples showing why we shouldn't rush to approve PROTECT IP, but it seemed like the lawmakers were pretty confused about what it was to begin with — one senator thought it was about an internet kill-switch, and another had it all confused with net neutrality.Also this week in 2011, we saw the beginning of what we now know to be a very sad story: federal prosecutors filed felony charges against Aaron Swartz for downloading documents from JSTOR. We couldn't help but notice that, despite so much rhetoric about theft and infringement, there was no mention of copyright in the indictment. Indeed, there didn't seem to be any legal or moral basis for the charges whatsoever. But that didn't stop the Copyright Alliance from throwing their hat into the ring with a post full of terrible analogies — nor did it stop lots of people from uploading JSTOR research to file-sharing sites in protest.Ten Years AgoIt's easy to forget that once upon a time YouTube was new — and that was the case this week in 2006, when it was still independent and so young that its very first copyright lawsuits were just beginning to materialize. Interestingly, this same week, the MPAA was getting hyped about new technology for detecting infringing video (though perhaps they should have focused more on innovations that aren't designed to fail).We were also pleased to see a very rare beast: an honest debate about net neutrality. Not just that — there was also a great John Hodgman-helmed explainer segment on the Daily Show, and a creative reimagining of the debate that made it all about sidewalks instead of networks.Fifteen Years AgoThis week in 2001, though Napster was basically dead, it didn't seem to have helped the recording industry very much (and who could have predicted that?) Over in the UK, they decided the best way was to start young, and began teaching kids about the evils of file sharing in elementary school. Meanwhile, the high-profile arrest of a Russian programmer for breaking encryption was shaping up to be a major test to copyright law. And amidst all this, copy-protected CDs were starting to show up in record stores.Also this week in 2001: Microsoft was discovered stopping a charity from distributing computers over licensing issues; the top-ranked legal advisor on an advice website was a fifteen-year-old kid; Fandango made the first brave foray into the now-normal practice of printing movie tickets at home; and people were still trying to figure out how (and why) to get video onto cellphones.One-Hundred And Seventeen Years AgoNEC isn't a big trendy consumer name — at least not outside Japan. But its a gigantic supplier of the network equipment that powers so much of our digital world — and it was on July 17th, 1899 that it was launched as the first ever Japanese joint-venture with foreign capital.

Did you hear? Yesterday, we launched our latest t-shirt on Teespring. It's a re-vamped version of our classic DMCA tee: the Takedown T-Shirt. In addition to men's and women's t-shirts for $20 each, we've reduced the price of hoodies to $35 and added some new color options including royal blue and forest green!This initial run is available until Monday, August 1st, after which point your only choice will be to reserve one and wait until the campaign reboots — so if you want to get your hands on one soon, don't delay and order yours now!

You may recall, from last month, that a hacker (who many have accused of working for the Russian government) got into the Democratic National Committee's computers and copied a ton of stuff. All of the emails that were obtained (a little over 19,000, from seven top DNC officials) are now searchable on Wikileaks, so there are tons of stories popping up covering what's been found. The Intercept, for example, appears to be having a field day exposing sketchy behavior by the DNC.

Judge Alex Kozinski pointed out the obvious in a Ninth Circuit Appeals Court decision:

If you want to see what the U.S. broadband market really looks like, you should take a close look at West Virginia. Historically ranked close to dead last for broadband access and quality, the state has been a perfect example of what happens when you let the incumbent telecom monopoly incestuously fuse with state regulators and politicians. For years now the state has been plagued by news reports of unaccountable broadband subsidies, money repeatedly wasted on unnecessary hardware, duplicate consultants overpaid to do nothing, and state leaders focused exclusively on ensuring nobody is held accountable.

The administration's brief flirtation with converting occupying forces back into police departments is apparently over. In the wake of the Ferguson protests, the administration announced its plan to rein in police departments which had been availing themselves of used military gear via the Defense Department's 1033 program. This itself was short-lived. A year later, the administration mustered up enough enthusiasm for another run at scaling back the 1033 program, but it has seemingly lost some steam as Obama heads for the exit.The images of police greeting protesters with assault rifles, armored vehicles, grenade launchers, and officers who appeared to mistake the Midwest for downtown Kabul apparently was a bit too much. It looked more like an occupation than community-oriented policing -- something every administration has paid lip service (and tax dollars) to over the past few decades while simultaneously handing out grants that turned police officers into warfighters.That's all off the table now. Two recent shootings of police officers have effectively dismantled the dismantling of militarized police forces.

Yet another politician can be added to the list of people who think police officers just don't have enough protections as is. Following in the footsteps of legislators in New Jersey and Minnesota -- along with Rep. Ken Buck (CO) -- Texas governor Greg Abbott has decided it's time to treat attacking officers as a "hate crime."

Limited time offer: Support Techdirt and get a Takedown t-shirt or hoodie!YouTube's ContentID system has left many creators in a tough spot, with their videos whisked away by the questionable copyright claims of big media companies — and many a would-be viewer has been met with a disappointing takedown message instead of the content they hoped to enjoy. Now you can remind everyone of the problems with this arrangement with this update of our classic DMCA tee: the Takedown T-Shirt (also available as a hoodie).This initial run is available until Monday, August 1st, so don't wait! In addition to a basic tee, it's also available as a women's tee and a high-quality hoodie. The t-shirts are $20 and the hoodies have a new reduced price of $35. Get yours today!

Last week's one-sided "hearing" on encryption -- hosted by an irritated John McCain, who kept interrupting things to complain that Apple hadn't showed up to field false accusations and his general disdain -- presented three sides of the same coin. Manhattan DA Cyrus Vance again argued that the only way through this supposed impasse was legislation forcing companies to decrypt communications for the government. The other two offering testimony were former Homeland Security Advisor Ken Wainstein and former NSA Deputy Director Chris Inglis.Not much was said in defense of protections for cellphone users. Much was made of the supposed wrongness of law enforcement not being able to access content and communications presumed to be full of culpatory evidence.But one of the more surprising assertions was delivered by a former government official. Wainstein's testimony [PDF] -- like Vance's -- suggested the government and phone makers start "working together." "Working together" is nothing more than a euphemism for "make heavy concessions to the government and prepare to deliver the impossible," as Patrick Tucker of Defense One points out. Wainstein says phone manufacturers must do more than theorize that weakened encryption would harm them or their companies. They must hand over "hard data" on things that haven't happened yet.

It seems the USOC is just getting started with its bullying bullshit this Olympic season. Fresh off the heels of threatening Oiselle, a corporate sponsor of an Olympic athlete (but not a sponsor of the Olympics themselves), over trademark concerns because the company posted a congratulatory tweet for its sponsored athlete that included the Olympic bib she was wearing, the USOC is now sending out a helpful little reminder to other companies that have sponsored athletes but not the games. And by helpful, I mean that it's helpful in seeing just how blatantly the USOC will outright lie in order to continue its bullying ways.ESPN got its hands on the letter the USOC sent around.

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Welcome to Bordertown, USA. Population: 200 million. Expect occasional temporary population increases from travelers arriving from other countries. Your rights as a US citizen are indeterminate within 100 miles of US borders. They may be respected. They may be ignored. But courts have decided that the "right" to do national security stuff -- as useless as most its efforts are -- trumps the rights of US citizens.Wall Street Journal reporter Maria Abi-Habib - a US-born citizen traveling into the States with her valid passport -- discovered this at the Los Angeles International Airport. Her Facebook post describes her interaction with DHS agents who suddenly decided they needed to detain her and seize her electronics.

Last week we noted how copyright has once again become a straw man, this time as part of an attempt to kill the FCC's plan to bring competition to the cable box. Under the FCC's plan, cable providers would have to provide their programming to third-party hardware vendors -- using any copy protection of their choice -- without forcing consumers to pay for a CableCARD. The plan has little to actually do with copyright, but cable providers have tried to scuttle the effort by trying to claim more cable box competition will magically result in a piracy apocalypse (stop me if you've heard this sort of thing before somewhere).

Broadband ISP CenturyLink this week confirmed it's following on Comcast's heels and starting to impose usage caps and overage fees on the company's already pricey DSL services. As we've long noted, there's no reasonable defense for what's effectively a glorified rate hike on uncompetitive markets, but watching ISP PR departments try to justify these hikes has traditionally been a great source of entertainment (at least until you get the bill).

As we noted last week, China continues to find new ways to bring the online world under control. A post on the Adblock Plus blog has spotted yet another sector the Chinese authorities are bringing to heel: Internet advertising. Last week, China's State Administration for Industry and Commerce issued "Interim Measures for Internet advertising" (original in Chinese.)As the Adblock Plus blog post explains, the rules seek to pin down what exactly Internet advertising is, what is allowed, and what isn't:

With all the trademark actions we've seen taken these past few years that have revolved around the craft beer and distilling industries, it seems like some of the other folks in the mass media are finally picking up on what I've been saying for at least three years: the trademark apocalypse is coming for the liquor industries. It's sort of a strange study in how an industry can evolve, starting as something artisan built on friendly competition and morphing into exactly the kind of legal-heavy, protectionist profit-beast that seems like the very antithesis of the craft brewing concept. And it should also be instructive as to how trademark law, something of the darling of intellectual properties in its intent if not application, can quickly become a major speed bump for what is an otherwise quickly growing market.All of this appears to have caught the eye of Sara Randazzo, blogging at the Wall Street Journal, who notes that the creatively-named craft beers that have been spewing out of microbreweries across the country may be running out of those creative names.

An interesting ruling out of Georgia states that an unconventional method to determine a cell phone's owner is not a search under the Fourth Amendment. The appeals court decides [PDF] that the information obtained has no expectation of privacy.

Bunnie Huang is having quite a day -- and it's a day the US government perhaps isn't too happy about. Huang has worked on a number of interesting projects over the years from hacking the Xbox over a dozen years ago to highlighting innovation happening without patents in China. This morning we wrote about him suing the US government over Section 1201 of the DMCA. And now he's teamed up with Ed Snowden (you've heard of him) to design a device to warn you if your phone's radios are broadcasting without your consent. Basically, they're noting that your standard software based controls (i.e., turning on "airplane mode") can be circumvented by, say, spies or hackers. But their tool is designed to actually determine if the radios are broadcasting for real: