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As we've discussed at length, there are multiple cases going on right now in which the US Justice Department is looking to compel Apple to help access encrypted information on iPhones. There was lots of attention paid to the one in San Bernardino, around Syed Farook's work iPhone, but that case is now over. The one getting almost but not quite as much attention is the one happening across the country in NY, where magistrate judge James Orenstein ruled against the DOJ a little over a month ago, with a very detailed explanation for why the All Writs Act clearly did not apply. The DOJ, not surprisingly, appealed that ruling (technically made a "renewed application" rather than an appeal) to an Article III judge and the case was assigned to judge Margo Brodie.

I shouldn't have to start this post this way, but after someone flipped out in my last post about the treatment of Hillary Clinton and her emails, accusing me of being nothing more than a "BernieBro," I'll just make this explicit: I don't currently support any of the current Presidential candidates, and am pretty sure I've mocked all of them for ignorance around issues that concern those of us at Techdirt. Either way, I wonder how the guy insisting I was just a secret Bernie supporter will respond to this article...

The world economy still largely depends on fossil fuels for energy, and nuclear energy isn't exactly popular after decades of use. Until we figure out nuclear fusion, if we want to reduce our dependence on hydrocarbons, we're going to need to ramp up renewable energy sources from solar and wind. Solar energy capacity seems to be growing robustly, but apparently, there are still some bugs to work out.

It's been less than a year since we discussed LMFAO, the band, and its attempt to bully a brewery into renaming its beer called LMFAO with intellectual property threats. Well, the bro-rock duo is back in the IP spotlight again, but this time with a win. Rick Ross had long ago sued LMFAO over its hit song Party Rock Anthem for including a line, "Everyday I'm shufflin'." Ross had his own hit song called Hustlin, which famously contained the line "Everyday I'm hustlin'," and Ross argued for copyright infringement, claiming LMFAO's lyric was an unauthorized derivative work.

Yay, it's tax season again! As our American readers will know, this is the wonderful time of year when we scramble to get all of our taxes and deductions paperwork in order, take them to some storefront that looks like a military recruitment center, push all of those papers in front of someone that looks like they just graduated from college, and scream, "You figure it out!" For our foreign readers, I should explain that we do this because our tax code is more complicated than the plot of Game of Thrones, our tax authorities are every bit as ruthless as that same series, and we've collectively allowed our citizens' payment of due obligations to become a for-profit industry. But seriously, though, come to America. It's great. I swear.

To date, four appeals courts have entered opinions on whether cell site location info is covered by the Fourth Amendment. So far, only the Fourth Circuit Court of Appeals has found this to be worthy of a warrant. All others find CSLI to be covered under the Third Party Doctrine. These cases all deal with historical cell site location info, usually obtained in bulk with subpoenas. Near real-time tracking using tower pings is another issue entirely -- one that's rarer because a) obtaining rolling CSLI from a provider is a pain and b) everyone's using Stingrays now.

Earlier this year, after a bit of a roller coaster ride of a legal fight over the copyright status of the song "Happy Birthday," the two key parties finally reached a settlement that declared the song in the public domain. While many news reports had earlier claimed that the judge in the case had done the same, that wasn't really true. The judge simply declared that Warner Chappell did not hold the copyright, leaving it an open question as to whether or not anyone else did -- and some quickly raised their hands to claim the copyright.

Geolocation is one of those tools that the less technically minded like to use to feel smart. At its core it's a database, showing locations for IP addresses, but like most database-based tools, the old maxim of GIGO [Garbage In, Garbage Out] applies. Over the weekend Fusion's Kashmir Hill wrote a great story about how one geolocation company has sent hundreds of people to one farm in Kansas for no reason other than laziness. And yes, it's exactly as bad as it sounds.Most people often aren't the most technically minded, give them a tool, tell them it CAN produce an output, and they'll assume that any output that looks like the best quality possible, IS the best one available. It's extremely common with 'forensic evidence' and jurors in court cases, where it's given weight well beyond its actual evidentiary value (to the point that they now distrust cases without it) – there's even a name for it, "the CSI effect", named after one of the TV shows that uses it as a cornerstone.One of the latest tools to get the blind trust of morons is IP Geolocation. At its basic level, it's a database of IP addresses with latitude and longitude listed, so when you look up an IP address, you get a pair of coordinates you can associate as an 'origin' for that.However, there's a number of problems with that.:

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URL shorteners: not just for malware/spam delivery anymore!

Blackberry's CEO, John Chen, didn't care for the fact that Apple was "locking" law enforcement out of its devices by providing customers with default encryption. As he saw it, Apple was placing profits ahead of Mom, Apple pie and American-made motorcars.

Microsoft isn't the first company to sue the government over its gag orders. Google, Yahoo, Twitter, and a small ISP called Calyx Internet Access have all taken the government to court over its various demands for secrecy it ties to its National Security Letter requests.

Documents FOIA'ed by Ryan Shapiro and shared with the New York Times shed some new light on previous FBI efforts to break encryption. Back in 2003, the FBI was investigating an animal rights group for possibly sabotaging companies that used animals for testing. The FBI's Department of Cutesy Investigation Names dubbed this "Operation Trail Mix," which I'm sure endeared it to the agents on the case. At the center of the investigation were emails the FBI couldn't read. But it found a way.

Anyone reading this site will know by now that the alcohol business has a trademark problem. As a quick refresher, what used to be an industry largely dominated by massive macro-companies has since evolved into one of small players, with craft breweries and distilleries exploding in popularity. With the increased amount of brands and inventory on the market, so too has the practice of creatively named brands come into vogue. And with that has come the trademark squabbles. Examples of the trademark disputes centered around these creative names for brands will include a beer called 'Strikes Bock', a brew entitled 'Mus Knuckle', and a brewery called 'Innovation Brewing'.

Sometimes extending a person's life requires an organ transplant, but it's not exactly easy to find a replacement organ -- especially when donors don't have spares. Medicine is getting better at growing some replacements, so maybe someday patients won't need to rely on other people dying to get a heart, liver, pancreas, etc.

As we just noted, the House has been pushing yet another bill that attempts to punish the FCC for its uncharacteristic new habit of actually standing up to giant ISPs. The "No Rate Regulation of Broadband Internet Access Act" (pdf) professes to be a bill focused on curtailing government run amok; with a particular eye on preventing the FCC from being able to regulate broadband rates (not-coincidentally just as ISPs begin heavily pursuing usage caps). But the bill uses a unique definition of "rate regulation" to, in reality, ban the FCC from doing, well, pretty much anything.

As you'll probably recall, back in late 2011 a group of UC Davis students held a protest on campus as part of the Occupy movement. The lasting memory from that protest was one UC Davis police officer casually strolling past a line of students seated in a row and cavalierly spraying pepper spray directly into their faces. Even though this happened half a decade ago, let's all talk about it again now, because UC Davis recently revealed it spent $175,000 trying to make sure we wouldn't.

We're back again with another in our weekly reading list posts of books we think our community will find interesting and thought provoking. Once again, buying the book via the Amazon links in this story also helps support Techdirt.

This should hardly comes as a surprise but reports are surfacing saying that after hacking into Syed Farook's work iPhone, that was subject to so much attention, the FBI has found absolutely nothing of interest:

Is it really that hard to expect officials representing law enforcement to understand basic concepts? Earlier this week, University of Michigan hosted a debate on the whole "going dark/encryption" fight with the EFF's Nate Cardozo (disclaimer: he has represented us on certain legal issues) and US Attorney for the Eastern District of Michigan Barbara McQuade. While the event was filmed and livestreamed, as I type this, they don't appear to have posted a recorded version. However, it appears that Cardozo (not surprisingly) raised a key point that has been raised many times before: a US law against allowing unbroken encryption would have little impact on bad people using encryption, since there are many open source and non-US encryption products worldwide. But McQuade had a response to that... and it was kind of insane:

The $99 FlexBot DIY Camera-Drone Kit comes with everything you need to make your own quadcopter. The 3D printed parts come ready to assemble and you can create your own custom shells to personalize your creation. You can control it via your Android or iOS devices, and with the included flex camera, you can take stills and videos during your flights.

The latest in the Matthe Keys case is that Keys has been sentenced to two years in federal prison for his involvement in a minor incomprehensible web defacement of an LA Times story that lasted for all of about 40 minutes. The prosecution was asking for 5 years, while Keys' lawyers asked for nothing more than probation. As we noted, the whole thing seems fairly crazy. It is entirely possible that Keys acted like an immature jackass regarding his former employer, but the actual case revolved around a single action: the claimed sharing of login credentials for the content management system of the Tribune Company, which another person (who is apparently known to law enforcement, but has never been charged with anything) used to do a minor defacement of a single story to have the headline read: Pressure builds in House to elect CHIPPY 1337.

As the push to backdoor or ban encryption heats up, kneejerk politicians have rushed to embrace each and every recent attack and to immediately point fingers at encryption. Right after the Paris attacks, politicians started blaming encryption, even though evidence suggested they communicated by unencrypted SMS. Even months later, the press was ridiculously using the total lack of evidence of any encryption... as evidence of encryption. Then with the Brussels attacks from a few weeks ago politicians like Rep. Adam Schiff immediately tried to blame encryption insisting that "we can be sure that terrorists will continue to use what they perceive to be the most secure means to plot their attacks."

With the FCC glacially pondering whether or not zero rating (exempting some content from usage caps) is a bad idea, the wireless industry has decided to try and settle the argument. According to a new study by the wireless industry, 94% of Millennials are more likely to try a new online service if it's part of a free data offering, 98% are more likely to stay with a carrier that offers such services, and 94% of Millennials are likely to use more data if it doesn't count against their data plan. As intended, the survey resulted in a lot of varied news headlines insisting that "consumers actually like ISPs to play favorites on mobile data caps."

Last week, we wrote about a "discussion draft" of Senators Richard Burr and Dianne Feinstein's new anti-encryption bill that would effectively require any company doing anything with encryption to make sure that encryption was flat out broken, putting everyone at risk. Feinstein and Burr's offices refused to comment on the criticism of the draft, insisting that they were still working on the bill. Well, late Wednesday Burr officially released a copy of the bill and it's basically the same insane bill we saw last week. As far as I can tell, the only real change is further defining what is meant by a "court order." It used to just say any court order, but now says only court orders for specific issues, but it's a pretty broad list: crimes involving serious bodily harm, foreign intelligence, espionage, terrorism, sexual exploitation of a minor, a "serious violent felony," or a serious drug crime. So, I guess we should feel relieved that it won't be used for cases where someone's caught trespassing or something? It's still a ridiculous bill (and it still doesn't explain what the penalties are).

It's political season here in America, which means that it's time for everyone to disagree as violently as possible and to such a degree that all conversation is at an impasse. You know, basically just like every other time in America, except now we televise this stuff because the brains of our citizenry might still have a little meat left on the bone that can be melted away through "debates." But two companies are bucking that trend in a way readers here might not expect: two breweries are dealing amicably with having come up with politically-themed beer brews named very similarly to one another.

A few years ago, there were some video demonstrations about perception and how when you're focused on looking for one thing, you can completely miss seeing obvious other things (like a gorilla or other monkey business). People tend to rely on vision a lot (unless you're Daredevil), but it's not always the most reliable sense.

Last year, after a bunch of YouTube video creators started slamming Facebook for allowing people to re-upload their videos to Facebook (they called it "freebooting"), Facebook insisted that it, too, was building a ContentID-like system to automate the process of taking down videos based on infringement claims. Last fall, the company announced that it would be using the same system basically everyone other than Google uses: Audible Magic as the backend system of that tool. And now Facebook has officially announced its product, called "Rights Manager."

ISPs and cable companies already track and sell your online behavior, your location data, and effectively everything you do on the Internet (to the second). Now broadcasters and app developers are cooking up a new technology that uses so-called "smart audio beacons" emitted during television programs to help track user viewing habits. These tones, inaudible to the human ear, are picked up by applications which use your smartphone or tablet microphone to listen and record them. That data can then be used to build a profile that potentially matches your existing online data with your viewing habits.

Poor Sprint. Ever since T-Mobile became the darling of the wireless industry simply for treating consumers well (ingenious!), Sprint hasn't quite known what to do with itself. After T-Mobile leap-frogged Sprint to become the nation's third-largest carrier last year, Sprint has been trying desperately to convince customers that hey, it's really cool too. But Sprint has found it hard to shake the image that it's little more than a decidedly unhip copycat with a less competent network. A lot of Sprint's PR struggles have been thanks to the fact that it hasn't been easy keeping up with T-Mobile's foul-mouthed, hipster-esque CEO, John Legere.

The US Chamber of Commerce is an organization that's always carried a completely undeserved air of legitimacy. For one, its name makes it sound as though it's actually an extension of the federal government, rather than what it is: a lobbying group representing a variety of trade interests.

This isn't surprising, even if it is a bit disappointing. Led Zeppelin has long been accused of copying others songs, and there are actually a bunch of videos on YouTube detailing examples. Here's just one:Some of the examples do sound like pretty blatant copies, while others are, at best, homages or inspirations, rather than direct copies. Even so, it's difficult to get too worked up about these complaints. It should be pretty clear that even where the band copied others, it did so in a different way that often got much more attention to the work than anything the original version got. Either way, there have been a few new lawsuits brought against Led Zeppelin recently, despite it being decades since the band was actually a thing. A few years ago, we wrote about folk singer Jake Holmes suing Jimmy Page for copying parts of the Led Zeppelin song "Dazed and Confused." That case appears to have been settled out of court.

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Techdirt has been following with interest the ways in which the delicate sensibility of Turkey's President, Recep Tayyip ErdoÄŸan, is being wounded. First there was Gollum; then the filing of 1,845 cases of allegedly insulting the Turkish President; and finally, a mild satirical video that ErdoÄŸan didn't want you to see. The last of these not only caused the Streisand Effect to kick in with a vengeance, but has provoked a German comedian to take things up a notch, as reported here by the Guardian:

As we've been discussing, the FCC has started working more seriously on opening the cable set top box to real competition. As it stands, 99% of consumers currently pay about $231 annually in rental fees for aging hardware that's often worth about half that much. The FCC's goal is ultimately to let consumers access cable content using the hardware of their choice, creating a healthy new competitive market, and by proxy better hardware at lower prices. But monthly set top box rental fees represent $20 billion in annual revenue to cable providers, which is why they've been having a hissy fit about the FCC's plan.

The FBI's Inspector General has released a report on the New Jersey FBI branch's Computer Forensics Laboratory. For the most part, the report is positive and shows this branch tends to handle its forensics work competently. The problem comes when it opens up its tools up to local law enforcement.

We talk a great deal of the problems that are created when the government approves trademark applications for words that are either common or generic. But does the generic nature of a word change when that word is foreign in nature? We won't have a definitive answer to that question in this case, but we certainly will see some of the problems that could arise.

It wasn't that long ago that people were highly skeptical of the entire concept of human flight. A few crazy people dressed up in bird-inspired outfits with wings and tried to jump from various heights in order to fly or glide -- and they were generally met with mockery. Nowadays, we know just how hard it is to achieve human-powered flight, but it has been achieved -- in several different ways. The Igor I. Sikorsky Human-Powered Helicopter Prize was awarded in 2013, and the Kremer Prize was won back in 1977. If you're not willing to work up a sweat, check out some of these aircraft.

There are lots of dumb ways for companies to combat online critics. You can simply claim copyright over the criticism as a way to try to silence it, although that tends to end poorly for the silencer thanks to public backlash. You can go to the court to ask for an injunction against the critic as a way to try to silence it, although that tends to end poorly for the silencer thanks to the Streisand Effect. Or you can ask the courts to test whether the criticism amounts to defamation, although, again, The Streisand Effect, the public backlash, and the fact that those types of suits are rarely successful.

An anti-SLAPP win has just been handed down in Nevada, one of the few states with a strong anti-SLAPP law. At the center of the failed defamation lawsuit is (you guessed it) a negative review of a business posted at Yelp.

Last week we were joined by Justin Peters, author of the new book The Idealist all about Aaron Swartz, free culture and digital activism. The first half of the discussion focused on that broader context, and this week we continue with a closer look at Aaron himself. 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.

While we've certainly seen a fair share of ridiculous intellectual property protectionism stemming from the Star Wars Franchise, including overreaches like trying to silence people from photographing legally purchased toys and keeping breweries from making beer-themed puns, one area where Lucasfilm was generally pretty good on was fan participation, at least before the acquisition of the Star Wars rights by Disney. This included fan-fiction and films, gatherings, and role-playing events. That's what makes it so strange to see Lucasfilm decide to bully a non-profit group for daring to put together a "lightsaber battle" event.

We've mostly focused on the impact of the TPP and trade deals on the internet (and also on national sovereignty), because that's the kind of stuff that interests us most around here. We've spent a lot less time looking at the more traditional free trade arguments, in part because that's not nearly as controversial, and in part because -- despite claims to the contrary -- there really aren't that many tariff-related barriers that make a big difference any more. It's generally good to reduce such tariffs, and in response you see the typical response from firms based on whether or not they benefit from those reduced tariffs. The "benefits" of free trade tend to be focused on the companies looking to expand into those markets where tariffs are being lowered or abandoned -- and not so much for companies competing against products from those same countries. Frankly, I find arguments that the companies who freak out about trade deals because it will mean more competition against them a bit tiresome, because I tend to believe competition is a good thing for innovation.

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We've already written a bit about the technologically ignorant bill from Senators Richard Burr and Dianne Feinstein that basically outlaws any encryption system that doesn't include backdoors for law enforcement. However, there are still some points in the bill that have left some folks scratching their heads. In particular, the lack of any penalty at all has some commenters wondering what the bill actually does. The bill both says that it doesn't "require or prohibit any specific design or operating system," but at the same time does require that anyone offering or supporting any kind of encryption be able to pass along unencrypted versions of the communication to law enforcement when presented with a legitimate court order or warrant (so not just a warrant...). As Orin Kerr noted, the bill mandates assistance, rather than using the more typical requirement of "reasonable" assistance.

I guess the real accomplishment of "The Most Transparent Administration" is how much it exposed Americans to domestic surveillance. I suppose that's its own form of "transparency."

In recent weeks, we've noted how ISPs are now moving beyond broadband usage caps and overage fees, and have begun charging users a $30-$35 premium if they want to avoid usage caps entirely. While the industry often dresses this up as everything from "improved flexibility and choice" to something necessary for the sake of fairness, it is, quite simply, an aggressive rate hike on uncompetitive markets. Users are being socked with dramatic new limits and fees -- simply because most have no real competitors to flee to.

Setting up fake social media accounts: law enforcement officers do it, even though it's the same sort of activity they arrest others for. The DEA does it, but it ended up setting the DOJ taxpayers back $134,000. Generally, it's a bad idea. There's nothing inherently private about public social media accounts, but lines are crossed when law enforcement sets up fake accounts and interacts with suspects, rather than just quietly lurking and snagging passing public communications.

You may recall a story from a few years back involving self-proclaimed "corporate virtue advisor" Dov Seidman and his quest to sue Chobani for using the phrase "How food is made matters" and the social media hashtag #howmatters. Seidman's problem with all of this? He had a trademark registered for the word "how." Yeah, seriously. Seidman claimed that his super-awesome transformational use of "how" as a noun instead of a verb had been trademarked and that this somehow meant that a company that sells yogurt couldn't use the word in any way similar.