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Netflix this week admitted that the company has been throttling the video streams of most wireless customers around the world to 600 kbps, a practice the company claims is necessary to protect users from usage caps and wireless overage fees. It was the first time Netflix acknowledged the practice, which the company said it's been engaged in for five years. The more interesting part? The company admitted to the Wall Street Journal that it's apparently not throttling the video streams of companies whose consumer policies Netflix agrees with:

Earlier today we posted a story about Senator Ron Wyden's letter to Attorney General Loretta Lynch, in which he asks (yet again) for the DOJ to disclose a secret 2003 legal opinion, and also notes that it appears the DOJ lied to the court in a FOIA lawsuit by the ACLU, as the DOJ seeks to block an attempt to force it to release that document. In our post, we pointed to an excellent post by Marcy Wheeler exploring some of the possible "misrepresentations" that the DOJ may have made in its filing -- however, her site, EmptyWheel.net is getting hit today with some sort of attack and the story is down. As we both agree that this is an important story that needs to be seen, at Marcy's request, we're reposting her story here. I've written a bunch of times about an OLC memo Ron Wyden keeps pointing to, suggesting it should be declassified so we all can know what outrageous claims DOJ made about common commercial service agreements. Here's my most complete summary from Caroline Krass' confirmation process:

Support our crowdfunding campaign to help us keep making content like this! After the Paris attacks late last year, we noted that it was clear that they were evidence of an intelligence community failure, rather than an "encryption" problem -- which kind of explained why the intelligence community quickly tried to blame encryption. But, as we noted, most of the attackers were already known to the intelligence community and law enforcement -- and there's still little evidence that they used any encryption.

The inCharge Keyring Cable is 3 inches of charging and data transfer power. The ends snap together around your key ring, purse, backpack, etc. and unclip to plug into any USB port to help charge your device. The inCharge Keyring Cable comes in a $19 2-pack, and you can choose from one Lightning and one Micro-USB cable -- or two of the same variety -- to cover all of your charging needs.

This isn't necessarily surprising, but it is incredibly stupid. As you hopefully recall, in the summer of 2014 the EU Court of Justice came out with a dangerous ruling saying that a "right to be forgotten" applied to search engines and that Google needed to "de-link" certain search results from the names of individuals. We've discussed at great length the problems with this ruling, but it continues to be a mess.

We've been noting for years: when Senator Ron Wyden says that (1) there's a secret interpretation of a law that is at odds with the public's understanding of it, or (2) that government officials are lying, you should pay attention. It may take a while, but it always comes out eventually that he's absolutely correct. For at least five years now, we've been posting semi-regular updates to Wyden calling out the government for its secret interpretations of the law, and some of that was proven entirely accurate thanks to the Snowden revelations concerning how the PATRIOT Act and the FISA Amendments Act had been interpreted. However, since the Snowden revelations, Wyden has made it clear that that's not all. In particular, he's spoken about a Justice Department legal opinion, written by John Yoo, that Wyden insists is important and should be revealed.

Zero-rating -- the nifty trick companies use to edge around net neutrality rules -- is being offered to developing countries as a way to provide cheap internet access to their citizens. There's a bit of altruism in the offerings, but there's also a lot of walls surrounding gardens. Facebook's "Free Basics" is a zero-rated platform that functions like a twenty-first century AOL, funneling users into Facebook'sversion of the internet.

Despite the fact that copyright has been repeatedly extended and strengthened over the years, the thought never seems to cross publishers' minds that they could ever have too much of it, or that the public might have some countervailing rights here. As a consequence of this insatiable appetite, there have been a number of recent moves to create an ancillary copyright, also known as a "snippet tax," "link tax" and "Google tax," since it aims to make it obligatory to pay for making even short excerpts or linking to copyright material -- for example, in search results. Rather amazingly, publishers are still pushing for this new monopoly "right" despite abundant evidence from their own research that it harms their businesses. Undeterred by these facts, some politicians in France are pushing for the creation of yet another kind of ancillary copyright, covering thumbnail images. That idea was squashed a long time ago in the US, but as the public domain advocacy group Comunia explains, in France, the following is still a real possibility:

Here's a fun trademark tiff involving a "punk rock" flea market and the shambling, barely-reanimated corpse of a legendary band. [via Techdirt reader Cheyenne Hohman]

It's a no-brainer that math is a critically important subject. Okay, a lot of people probably don't remember much calculus from high school -- or how to do "long division" -- but the exposure to advanced math and encouraging everyone to appreciate math is still laudable. And making sure kids aren't turned off by math will hopefully lead to more people involved in STEM fields in the future.

The FBI announced (without going into verifiable detail) that it had implemented new minimization procedures for handling information tipped to it by the NSA's Prism dragnet. Oddly, this announcement arrived nearly simultaneously with the administration's announcement that it was expanding the FBI's intake of unminimized domestic communications collected by the NSA.

Late last year, USA Today's Brad Heath and Brett Kelman uncovered a massive DEA wiretap program -- one that was being run almost exclusively through a single California state court judge and being signed off on by a single DA's office. The wiretaps were likely illegal, seeing as the warrants weren't being run by federal judges. They also weren't being signed by the top prosecutor in the area, as is required federal law.

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.

You may have heard, recently, that the guy who was apparently behind the celebrity nudes hacking scandal (sometimes called "Celebgate" in certain circles, and the much more terrible "The Fappening" in other circles) recently pled guilty to the hacks, admitting that he used phishing techniques to get passwords to their iCloud accounts. But... that's not all that he apparently used. He also used "lawful access" technologies to help him grab everything he could once he got in.

Help Techdirt Cut Through The Confusion In The Crypto Fight So our big crowdfunding campaign around encryption is in its final couple of days. In the past few weeks, we've had guest posts from a number of knowledgeable people explaining why it was so important to support Techdirt -- including EFF Executive Director Cindy Cohn, former CIA operative (and current novelist) Barry Eisler, Media Professor Dan Gillmor and former Senate staffer Jennifer Hoelzer. Hopefully, those were enough to convince you to support us as well.

Keep tabs on your important objects with the Nut Mini Tracker. Attach the tiny tracker via an included strap or with the included 3M VHB tape and download the smartphone app. Whenever you stray too far from the Nut tracker, it will alert your phone. The Nut mini also notifies you when you leave your phone behind and the app even helps you track down lost items. It is less than 1.5 inches long and weighs in at a mere .35 ounces so you can attach it to anything and hardly notice it is even there. The tracker is available now for $15 for 1, or $25 for 2.

Is there anything more gloriously effed-up than IP law? I submit to you there is not. Here's the sub-headline for Eriq Gardner's Hollywood Reporter article, which deftly sums up the predicament facing a filmmaker looking to make a movie based on an old Buck Rogers novella.

The legacy recording industry just has a way with attacking any new technology service that helps it adapt, doesn't it? Whether it's ringtones or video games or YouTube or iTunes, the industry always takes the same basic approach: denounce the new offering as evil. Threaten and/or sue. Maybe take some equity as a way to "settle" the legal threats/suits. And then squeeze the companies for more and more money until they're dead. It's happened over and over again, and we're now witnessing the same thing again in streaming music -- even as it's turning into a major cash cow. For whatever reason, to make this work, the industry wants to turn this cash cow into an enemy.

For many, many years interstate inmate calling service (ICS) companies have charged inmates and their families upwards of $14 per minute for phone calls. Because these folks are in prison, and as we all know everybody in prison is guilty, drumming up sympathy to convert into political momentum had proven difficult. But after decades of activism the FCC intervened last year, voting to cap the amount companies can charge the incarcerated. According to the FCC's updated rules, ICS companies can no longer charge more than twenty-two cents per minute -- depending on the size of the prison. Caps were also placed on the fees companies could charge those trying to pay these already bloated bills.

Just recently, we were writing about the increasingly-desperate assault on Popcorn Time in Norway, where even linking to sites that offer the software is enough for the authorities to seize a domain name. Now the Russian anti-piracy group Association for the Protection of Copyright on the Internet (AZAPO) wants to take its own fight up a notch in an equally vain attempt to stop people finding out how to circumvent blocklists using proxies, VPNs and Tor. As TorrentFreak reports:

When I wrote about the monumentally silly trademark dispute between the San Diego Comic-Con and the Salt Lake City Comic Con, I didn't appreciate the simple nature of that trademark dispute. Sure, the idea that the phrase comic-con, or comic con, could be trademarked seemed wrong. The phrase is arguably both generic and descriptive, after all. But at least the dispute was simple.

There are vast amounts of stuff that no one knows anything about. Everything in the universe that we can see -- that reflects light or glows on it own because it's hot -- only amounts to about 5% of the known mass of the universe. So... what's going on with the other 95% of "stuff" that's out there? Maybe there are exotic particles we haven't discovered yet that are everywhere, but we just don't know it. Physicists call this stuff "dark matter" and "dark energy" -- and there could be a whole "dark sector" of dark matter doing things that we just can't see. But we're getting some hints for some of the stuff we can't see by observing and measuring the outcomes of rare astronomical events -- and by creating simulations of what possible undiscovered particles might do to the formation of galaxies and other distant space objects. Here are just a few projects that might explain how the universe works someday.

More than a year after San Francisco police officers arrested public defender Jami Tillotson for doing her job, the city's Office of Citizen Complaints has issued its report. It clears Tillotson of any wrongdoing and lays the blame solely at the feet of the San Francisco PD.

We've covered in the past how Newegg and its Chief Legal Officer, Lee Cheng, have been both vocal and active in the fight against patent trolls. Far from a lightweight in this arena, Newegg has gone on the offensive against the trolls, with Cheng even going as far as to state that he would never settle a case with a patent troll. Settlements are often times what these patent trolls are primarily interested in, milking money from legitimate businesses that simply don't want to bother with a lawsuit. Like most bullies, a little pushback is all that's required to get them to turn tail and run.

Join us in telling EU regulators not to wreck the net.

We've noted a few times that Tennessee is one of numerous states that have literally let incumbent ISPs like AT&T and Comcast write state telecom law. Most notably, around 20 states have now blocked towns and cities from building their own broadband networks -- or striking public/private partnerships -- even in cases where the market has clearly failed. It's protectionism pure and simple, and when the FCC voted last year to try and gut these laws in Tennessee and North Carolina, ISP allies in Congress were quick to assail the FCC for "violating states rights" (to let incumbent ISPs dictate all telecom policy, apparently).

Cybersecurity is a crowded field. Not every competitor will make it. That's inevitable. Tiversa is one of the also-rans.

Wondering if coverage like ours can really make a difference? In 2014, former Senate staffer Jennifer Hoelzer sent us this unsolicited piece about Techdirt's influence on lawmakers in the SOPA fight. With today's encryption debate now shifting back to Congress, she's given us her support in republishing the story (with a few minor edits) to drive that point home. If you want quantitative data to go with her anecdotal experience, you can see this Harvard study that highlighted Techdirt's influence in that debate. Please help us do the same for the fight over encryption as well. Help Techdirt Make Sure Congress Doesn't Sell Out Our Privacy & Security Hi. My name is Jen... and I was once a Congressional staffer who knew so little about Internet policy that I had no idea how little I knew about Internet policy. (I think this is where you're supposed to supportively say, "Hi, Jen," and reassure me that this is a safe space for me to continue my embarrassing confession. Because it gets worse.)

We're highlighting some of the best Security and Ethical Hacking Resources available through the Techdirt Deals Store.

Another terrorist attack somewhere in the world* has provoked another round of punditry from former government officials on how to protect America from future attacks. Over the coming weeks, there will be no shortage of stupid ideas, useless ideas and pointless discussions about "heightened security" at any place people gather.

Support our crowdfunding campaign to help us keep making content like this! So now that there's been a little time to process the Justice Department's last minute decision to bail out on the hearing in the San Bernardino case, claiming it was because some mysterious third party had demonstrated a way to hack into Syed Farook's iPhone, it's becoming increasingly clear that (1) the DOJ almost certainly lied at some point in this case and (2) this move was almost entirely about running away from a public relations battle that it was almost certainly losing (while also recognizing that it had a half-decent chance of also losing the court case). Just replace "Sir Robin" with "the DOJ" in the following video. That said, there are still some things to clear up. First, did the DOJ lie? It seems pretty obvious that it must have. After all, it insisted earlier in the case, multiple times, that it had "exhausted" all other possibilities and "the only" way to get into the phone was with Apple's help. That's certainly raised some eyebrows:

Facing a future where competition is rampant, customers pay less money, and solar users actually get paid for driving power back to the grid gives any entrenched utility executive heartburn. Fortunately for them, we live in an era where buying state law and tricking consumers into rooting against their own best self interests is easier than ever before. Florida (where air conditioning drives the second highest energy consumption nationally) is quickly becoming the poster child for how utilities are using ethically incontinent lawmakers and a gullible populace to prevent solar power technology from reaching critical mass.

Recently, we wrote about how Sage Bionetworks was sharing data it collected during a clinical study. That was a laudable move, but made much easier by the non-profit nature of the research organization involved. Here's a sign that openness is spreading even to commercial research, as reported by The New York Times:

Part of the fun of covering the sort of silly trademark disputes that we do here at Techdirt is seeing just how far companies, most often large companies, will go in trying to apply protectionist habits where they don't belong. This typically manifests itself in the key marketplace aspect of trademark law, where the brands in question are to be competing for customers who might become confused for an infringement to have occurred. Too often this aspect of the law appears to go ignored in claims of infringement, or else the concept of competitive marketplaces is stretched to the point of absurdity. As I said, this is often times amusing to us, because we're strange.

Virtual reality or augmented reality goggles are getting a lot of hype, but some of us who need to wear glasses all the time just to see normally are probably not looking forward to wearing bulky electronics on top of regular eyeglasses. Unfortunately, VR/AR goggles tend to cater to people with 20/20 vision first, and then provide some footnote about how corrective lenses might be compatible in the future. Well, if we're all going to be wearing glasses someday, how about making them a bit more useful?

Everyone behind the failed clown school that was Prenda Law deserves what's happening to Paul Hansmeier. Unfortunately, it appears Hansmeier is taking the most damage from the fallout of Prenda's disastrous copyright trolling… or at least he's the one doing most of his suffering in public.

Following in the proud tradition of governments everywhere who believe a push for transparency is best performed under the cover of darkness, the Canadian legislators behind an attempt to update the Access to Information Act have decided to keep their transparency discussions secret.

If you want to send someone a message online today, you've got a hell of a lot of options. Far from the erstwhile IM dominance of ICQ, today there are messaging platforms of every shape and size, a blurring of the lines between messaging and social media, and messaging components incorporated into almost everything. This week, we ask a simple question: why so many, and what are they all for? 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.

Support our crowdfunding campaign to help us keep covering stories like these! You may remember that, right after the Paris attacks late last year, politicians rushed in to demonize encryption as the culprit, and to demand backdooring encryption before the blood was even dry. Of course, it later turned out that there was no evidence that they used encryption at all, but rather it appears that they communicated by unencrypted means. Just yesterday, we noted that the press was still insisting encryption was used, and using the lack of any evidence as evidence for the fact they must have used encryption (hint: that's not how encryption works...).

We've written about Donald Trump's announced plans to "open up libel laws" which was specifically directed at the Washington Post, which he argued was purposely writing bad articles about him. Despite the fact that, even as President, he can't really change such laws (there's a little First Amendment issue to deal with), we noted that he can create real problems for free expression. For example, by blocking a federal anti-SLAPP bill from becoming law. And Trump is no stranger to SLAPP suits that are used to threaten or filed solely to silence people. He's threatened or sued an awful lot of people over perceived slights, such as claiming it was defamation to post a picture of him next to a picture of South Carolina murderer Dylann Roof. And then, of course, there's the famous case where he sued reporter Tim O'Brien for writing a book about him (that was actually mostly positive), but which pointed out that he was probably "only" worth a few hundred million dollars, rather than $10 billion. Trump lost that suit big time, and was basically humiliated in the process, but still insists that he basically won the lawsuit:

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Support our crowdfunding campaign to help us keep making content like this! While the DOJ may be thinking about ways to weasel out of the San Bernardino fight with Apple, the underlying fight about backdooring encryption remains. The DOJ may focus on other cases, such as the one in NY, where the facts line up a bit more in its favor, or elsewhere. Or we may soon see legislation to backdoor encryption.

Three years ago, Techdirt wrote about the Canadian government muzzling scientists and librarians, in a clear effort to prevent them from pointing out that some of Canada's policies were scientifically stupid. That was a blatant attempt to censor those who had not just inconvenient opinions but also awkward facts that would have made life difficult for the Canadian government. The UK wants to do something similar, by forbidding scientists and academics from using their expertise to push for changes in policy -- even in private. As The Guardian reported:

You'd be hard pressed to find a company that's been more involved in trying to kill net neutrality than Verizon. The company successfully sued to overturn the FCC's original, flimsy 2010 neutrality rules, which most ISPs actually liked because they contained enough loopholes to drive several vehicle convoys through. Responding to Verizon's legal assault, the FCC responded last year by taking things further, passing new, (supposedly) more legally sound neutrality rules and reclassifying ISPs as common carriers under Title II of the Communications Act. Verizon sued again, though this time as part of a multi-pronged coalition of ISP lobbying groups claiming the rules violated their free speech rights.

Last year, we wrote about India's attempt to turn the use of its Aadhaar system, which assigns a unique 12-digit number to all Indian citizens, into a requirement for accessing government schemes. An article in the Hindustan Times shows that the Indian government is still pushing to turn Aadhaar into a mandatory national identity system. A Bill has just been passed by both houses of the country's parliament, which seeks to give statutory backing to the scheme -- in the teeth of opposition from India's Supreme Court:

More evidence of Stingray obfuscation has been uncovered in Milwaukee. What appeared at first to be a bog standard court order for tracking of a suspect using a cell phone provider's own "network equipment" actually appears to be something else. The ACLU was already involved in this case, arguing that such tracking by cell phone providers only be available with a warrant. But as it dug into the specifics, it became obvious the tracking had not been performed by the cell provider.

Modern humans have all sorts of wacky diets that are probably slowly killing us in ways we don't fully recognize, but that doesn't mean we should all start eating the way people did thousands or millions of years ago, either. Drinking a "soylent green" all liquid or all processed diet doesn't sound like an optimal solution, but if grown adults want to eat fancy baby food, let them try that experiment (and I'll volunteer to be in the control group). If you want to know more about pre-historic meals, though, check out a few of these links.

So, this morning we wrote about a new flaw found in the encryption in Apple's iMessage system -- though it was noted that this wouldn't really have impacted what the FBI was trying to do to get into Syed Farook's work iPhone. However, just a little while ago, the Justice Department asked the court to delay the big hearing planned for tomorrow afternoon, because of this newly disclosed vulnerability:

Patent reform is a constant legislative topic, even though what passes for reform generally tends to be heavily-watered down by the time it moves out of the House or Senate. One of the most abused areas of patent litigation is venue selection. Small towns in East Texas have become hosts to parasitic lifeforms known as "Non-Practicing Entities" -- shell companies whose only product/service is litigation.

CBS CEO Les Moonves hasn't always been a huge fan of change. The CEO likes to whine a lot about how the television landscape is shifting, whether that's the fact that Netflix doesn't have to share viewership numbers in the subscription streaming age, or the way Dish is giving users what they want with DVRs that automatically skip ads. Moonves is also a big fan of pouting and claiming CBS will pull all of its broadcast content off the air if the network doesn't get what it wants (a man, in a very nice suit, threatening to take his ball and go home).