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The terrorism arms race marches on, apparently. You may have heard of the recent attack on a passenger plane taking off from Somalia. By all accounts, the attacker managed to get onto the plane with a laptop that contained a bomb, which he detonated during takeoff. The result? The bomber was sucked out of the hole he created in the plane and died, while a couple of other passengers were mildly wounded. The universe, it seems, is not without either a sense of justice or humor.

Last year, Disney stock took a repeated beating as Wall Street started to realize the company wasn't faring particularly well in the face of Internet video revolution. Tens of billions in stock value instantly evaporated as investors learned that ESPN had lost 7 million customers in just the last two years. Evidence suggests this was largely thanks to the fact that ESPN leadership was utterly oblivious to the cord cutting and cord trimming trend, or the fact that a growing number of customers (the majority, in fact) are simply tired of paying for a channel they don't watch, yet pay an arm and a leg for.

All in all, this motion to suppress evidence worked out for the plaintiff, but it does little to address concerns that drug dogs are basically blank permission slips for inquisitive cops.

How long can the government surveill your property without a warrant? According to the Sixth Circuit Court of Appeals, pretty much indefinitely.

Comic book superheroes have all kinds of incredible abilities. There are a few wall-crawling heroes, but the wall-climbing ability of a "Gecko Man" hasn't really captured as many fans as Spider-Man has. A bite from a radioactive spider might not be the most realistic way to obtain the power to climb walls with ease, but science also suggests that there needs to be a bit more than "spider" or "gecko" power for a person to crawl up a wall. Look on the wall! It's Velcro Man? Vacuum-Assisted Man?

Criticism is part of life, of course, and I tend to believe that people show their true selves most transparently when they show how they deal with criticism. Unfortunately, we've covered entirely too many stories involving people and companies responding to online criticism poorly here at Techdirt. Typically, these unfortunate responses amount to trying to censor the criticism, but it can more dangerously involve the attempted silencing of journalism as well as threats of legal action against those making the critical comments.

A federal judge has expressed his displeasure at the State Department's ongoing foot-dragging over the release of Hillary Clinton's emails.

We're still fresh on the heels of Facebook's overly broad and prudish decency rules resulting in the takedown of a bronze piece of artwork in the form of a mermaid statue that features bare metal breasts. Womens' breasts, as we all know, are shameful things to be hidden from view, lest they corrupt the minds of the young children that were so nourished by them in their youth. Sigh.

Legislators in two states have proposed (largely unworkable) bans on the sale of encrypted phones, citing (of course) concerns about all the criminals who might get away with something if law enforcement can't have near immediate access to the entire contents of their phones.

Legislators in two states have proposed (largely unworkable) bans on the sale of encrypted phones, citing (of course) concerns about all the criminals who might get away with something if law enforcement can't have near immediate access to the entire contents of their phones.

In the continually developing saga that is the Wu-Tang Clan's unexpected entanglement with the embodiment of everything that's wrong with the pharmaceutical industry, it is now apparently time for the bogus lawsuits to begin.

Take to the skies with this $75 Axis VIDIUS FPV-Camera Drone. This wee little drone (doesn't need FAA registration...) lets you see what it sees through its live streaming video camera, which can be transmitted to your Apple or Android device via WiFi. It has a 100 ft range, LED lights for night flying, and you can control it via your smartphone, tablet or the included controller. Use the pre-programmed trick mode to roll and flip through the air and toggle through 3 speeds as your skills improve. It comes with a set of replacement blades, a mini screwdriver, USB charging cable, and takes only 20 minutes to fully charge.

If you're a CIA Director, one would assume that you know how to be cool under fire, right? Apparently that's not the case for current CIA Director John Brennan who seemed to completely freak out when Senator Ron Wyden started asking questions about the CIA's infamous decision to spy on the network and computers of Senate Intelligence Committee staffers who were compiling a report on the CIA's torture program. The details are a bit complex, but the short version is that the Intelligence Committee, which has oversight powers over the CIA, had been set up in a CIA building, with special access to CIA documents, and a special search tool. Apparently, at some point, that search tool returned a document which the CIA had never intended to share with the intelligence committee staffers. That document, called "the Panetta Review" was a draft document that then-CIA chief Leon Panetta had tasked people internal at the CIA to prepare on what the Senate Intelligence Committee staffers were likely to find as they went through the documents.

The NSA isn't too concerned about the use of encryption. Unlike the FBI, which continues to claim the sky is falling darkening thanks to the spread of math, the NSA is relatively comfortable with the march of technology in this direction.

A little over a year ago, the FCC voted to raise the minimum definition of broadband from 4 Mbps downstream, 1 Mbps upstream -- to 25 Mbps downstream, 3 Mbps upstream. The standard better reflects household usage in the gigabit connection and Netflix binge watching era. However, the broadband industry has been whining like a petulant child ever since, largely because the change highlights how a lack of competition and the resulting failure to upgrade networks means a huge swath of the country doesn't technically have broadband.

Last week we wrote about the only place that German politicians are currently allowed to view the latest texts of TAFTA/TTIP: a tiny room, guarded at all times, and involving all kinds of humiliating restrictions for visitors. Katja Kipping was one of the first to enter, and she has written up her experiences for lesser mortals like you and me, who are not permitted to besmirch this sacred place with our unworthy presence. Even though she is -- of course -- forbidden from speaking about what she read there, a translation of her account, made by War on Want, nonetheless contains some interesting new details:

While we have written quite a bit about major professional sports leagues marching towards expanded streaming options for viewers, and while each league is making progress in that direction, not all of the leagues are equal in how they're going about it. The NHL has been by far the least progressive in this arena, which is somewhat strange given how much more progressive it has been on other issues of modernity. On streaming, however, there seems to be some flip-flopping, with the league banning the use of services like Periscope by journalists, but then seeking to piggyback on baseball's fantastic MLB Advanced Media product to get better streaming to its viewers. The entire point of increased streaming options is to get the product out to as many people as possible, grow the fanbase, and ultimately rake in more money via increased viewership.

The Cannonball Run plot of racing across the US has inspired some drivers to set illegal records -- though the concept was started in 1933 by Edwin "Cannonball" Baker who drove from NYC to LA in 53 hours (and popularized in the 70s as a protest against highway speed limits). We've previously mentioned Alex Roy making the trip in about 32 hours, but more recently, Ed Bolian and a couple other drivers/passengers did it in just 28 hours and 50 minutes. If you've always wanted to drive across country in some insane way, check out some of the records that other people have set.

The state of Massachusetts has some of the worst open records laws in the nation, which have not been updated since the 1970s. The main problem is the statutes provide no deterrence for abusive behavior by government agencies and very little in the way of recourse for public records requesters.

Mike has just written about the way the US public is being short-changed over the promised "debate" that would follow the completion of the TPP negotiations. That broken promise is just part of the general dishonesty surrounding the whole deal. For example, the public was told that it was not possible for it to make its views known during the negotiations, because they had to be secret -- even though many other trade deals aren't -- but that once everything was agreed there would be ample time for a truly democratic debate. Of course, at that point nothing could be changed, so the debate was little more than a token gesture, but now it seems the US public won't even get that. It will be cold comfort to learn that US citizens are not the only ones being denied the opportunity to engage in a serious discussion with politicians about the merits or otherwise of TPP. Here's what's happening in Australia, as reported by the Guardian:

Those of you who've heard our previous episodes with Barry Eisler know that he has a unique insight into many of the topics we discuss here at Techdirt, stemming from the wide variety of perspectives he's had in his past: as an operative for the CIA, as a tech industry lawyer, and now as a bestselling author (his new book, The God's Eye View, explores a plausible future inspired by the Snowden revelations). Recently, Mike conducted an interview with Barry at the Commonwealth Club of California, and on this week's podcast we've got the first half of that interview, with a fascinating discussion about the truth (and fiction) of the modern surveillance state. 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.

Abortion is one of those issues that infuriates me chiefly because it causes everyone to retreat to whichever camp they call home while throwing nuanced discussions out the window. In case I'm not being clear: that's stupid. Around these parts, however, we love a good moral stand, and we love a moral stand all the more when it forces us to stand up for a person or group we don't particularly like. That's what a moral stand is, after all. Take the Center for Medical Progress, for instance. These are the folks that propelled the abortion issue back into the public consiousness through sheer force of will and by publishing videos of their interactions with Planned Parenthood staff that was equal parts subterfuge and crass editing. Even as political candidates continue to slam Planned Parenthood as a result of these videos, state investigation after state investigation has found that the carefully edited work done by CMP portrayed a lie and that no criminal wrongdoing was uncovered. In fact, CMP has found itself indicted in Texas (!), rather than Planned Parenthood.

IT security skills are very valuable these days with the rapidly growing job market for IT security professionals. For $30, the IT Security And Ethical Hacking Training bundle will introduce you to core concepts and give you a strong foundation towards advancing your current career or starting a new career. The 48+ hours of course work are complemented by 50+ hours of hands-on training on securing Windows systems, figuring out how to hack and protect passwords, understanding keyloggers, and learning all about spyware. The bundle includes exam prep courses on CompTIA Security+, Certified Ethical Hacker (CEH) & Cisco's CCNA Security exams to help you get a jump start on learning what you need to pass these professional exams.

For years one of the greasier lobbying and PR tactics by the telecom industry has been the use of minority groups to parrot awful policy positions. Historically, such groups are happy to take financing from a company like Comcast, in exchange repeating whatever memos are thrust in their general direction, even if the policy being supported may dramatically hurt their constituents. The tactic of co-opting these groups helps build the illusion of broad support for awful policy, and was well documented during AT&T's attempted takeover of T-Mobile, and Comcast's attempted takeover of Time Warner Cable.

Who knew that Senator John McCain understood encryption better than actual cryptographers? Late last week, he wrote an op-ed for Bloomberg View, in which he trots out all the usual talking points on how Silicon Valley just needs to nerd harder to solve the "Going Dark" problem. There's lots of cluelessness in the piece, but let's focus on the big one:

Who knew that Senator John McCain understood encryption better than actual cryptographers? Late last week, he wrote an op-ed for Bloomberg View, in which he trots out all the usual talking points on how Silicon Valley just needs to nerd harder to solve the "Going Dark" problem. There's lots of cluelessness in the piece, but let's focus on the big one:

For more than fifteen years now, companies like Comcast, AT&T, Time Warner Cable and CenturyLink have quite literally paid state legislatures to write protectionist broadband laws. These laws, passed in around 20 states, protect the incumbent duopoly from the faintest specter of broadband competition -- by preventing towns and cities from either building their own broadband networks, or from striking public/private partnerships to improve lagging broadband networks. They're the worst sort of protectionism, written by ISPs and pushed by ALEC and ISP lobbyists to do one thing: protect industry revenues.

As Techdirt has repeatedly pointed out, one of the most problematic aspects of the TAFTA/TTIP deal being negotiated between the US and the EU is the inclusion of a corporate sovereignty chapter -- officially known as "investor-state dispute settlement" (ISDS). Techdirt isn't the only one worried about it: no less a person than the EU's Trade Commissioner, Cecilia Malmström, said last year that she "shares" the concerns here. Her response was to draw up the new "ICS" -- "Investor Court System -- as an alternative. US interest in ICS is conspicuous by its absence, but Malmström keeps plugging away at the idea, evidently hoping to defuse European opposition to TTIP by getting rid of old-style corporate sovereignty. That plan has just received a huge setback in the form of an "Opinion on the establishment of an investment tribunal in TTIP". It comes from the German Magistrates Association, which Wikipedia describes as "the largest professional organization of judges and public prosecutors in Germany." So these are not a bunch of know-nothing hippie activists, but serious establishment figures with a deep knowledge of the law. Here's their basic position on Malmström's ICS, translated from the original German by TNI:

One of the biggest victories of the copyright maximalists was the successful adoption of the 1996 WIPO Copyright Treaty, implemented by the DMCA in the US, and the Copyright Directive in the EU. Its key innovation was to criminalize the circumvention of copyright protection mechanisms. That strengthens copyright enormously by introducing yet another level of legal lockdown, and thus yet another powerful weapon for copyright holders to wield against their customers. But as Techdirt has reported, the anti-circumvention laws are now being used to prevent people from exploring or modifying physical objects that they own. The DMCA's anti-circumvention rules not only strengthen an old monopoly -- copyright -- they create a new one. Because it is forbidden to circumvent protection measures, only the original manufacturer or approved agents can legally repair a device that employs such technologies. Motherboard has an interesting profile of efforts by the wider repair industry to dismantle that new monopoly before it spreads further and becomes accepted as the norm:

People often joke about how bad they are at cooking that they can't even boil water, but the process of boiling water is actually so ubiquitous and important that figuring out how to do it more efficiently is a significant challenge. We've mentioned some materials and designs that can help speed up the boiling process before, so here are a couple more cool ways to vaporize liquids.

When the dashcam footage of the shooting of Laquan McDonald was finally released by the city of Chicago, it was notably missing the audio. In fact, no surviving footage of the shooting contains any audio. It's 2016 and the Chicago PD is still producing silent films.

Here's a fun free speech win from the 4th Circuit Appeals Court. Well, it's at least a fun read, especially when the judges go after the city of Norfolk's highly-questionable claim that its completely inconsistent zoning statute isn't loaded with content-based restrictions.

Earlier today, we wrote about how 20 years ago today, the Communications Decency Act became law (most importantly, Section 230, rather than the rest of it, which was dropped as unconstitutional). Of course, at the time, everyone was mostly focused on the unconstitutional parts trying to outlaw lots of smut online. It was partly that signing (which itself was a part of the larger Telecommunications Reform Act that inspired an apparently fairly drunk John Perry Barlow to pen his now quite famous Declaration of the Independence of Cyberspace -- which is now regularly quoted. A snippet:

When console games are ported to the PC platform, the end result is often merely adequate. Some ports are amazing because the software developer actually knows and cares about the platform their game is being ported to. Others are just quick cash-ins, relying on name recognition to bring in sales the end product hasn't earned.

It seems we've entered the next big moral panic: the fact that terrorists like ISIS use social media. It's a point of contention that keeps coming up, leading Presidential candidates to talk about stopping terrorists from using the internet. There was a whole big "summit" between White House officials and tech execs in which questions were raised about blocking ISIS from using social media. And, then, of course, you've even had some tech company execs support the idea.

With Valentine's Day coming up, we got you covered with the Bouqs Company Farm-Fresh Flowers. For $35, you'll receive a $50 credit to spend on any of their Volcano collection bouquets. These fresh and colorful bouquets come with a Happiness Guarantee and free delivery if you register on Bouq's site. The coupon code will expire May 10, 2016, so you could use it to surprise your mom for Mother's Day too.

As expected, the Telecom Regulatory Authority of India (TRAI) has passed new net neutrality rules (pdf) that specifically ban the practice of zero rating. The rules are relatively clear in that they prevent either content companies or ISPs from striking deals that exempt select content from usage caps. The ruling acknowledges that such models create an unlevel playing field for smaller companies who may not be able to pay to play:

The internet as we know it would be a very, very different place if 20 years ago today, President Clinton hadn't signed the Communications Decency Act. To be fair, nearly all of the CDA was a horrible mess that was actually a terrible idea for the internet. A key part of the bill was about "cleaning up" pornography on the internet. However, to "balance" that out, the bill included Section 230 -- added by two Congressmen in the House of Representatives: Ron Wyden and Chris Cox. They had pushed this clause as a separate bill, the Internet Freedom and Family Empowerment Act, but it didn't get enough traction. It was only when they attached it to the Communications Decency Act (which had passed the Senate without it), that it was able to move forward. And thus, 20 years ago today, when President Clinton signed the CDA, most of the attention was on the "stopping indecency" part, and very little on the "throw in" of Section 230. And yet, there's a strong argument that Section 230 may be one of the most important laws -- perhaps the most important -- passed in the past few decades.

In 2010, Verizon successfully sued to demolish the FCC's original net neutrality rules. In 2015, Verizon joined the rest of the industry in helping launch a barrage of lawsuits to try kill and kill a more legally-sound and updated version of those same rules. While that case continues through the courts, Verizon has made it clear that 2016 will be the year the telco raises a giant middle finger to the FCC and net neutrality supporters alike.

Because citizens are localized but their data isn't, things aren't going to get any less weird as time progresses. Or any less legally troublesome. Ellen Nakashima and Andrea Petersen of the Washington Post have seen a copy of a draft negotiating document between UK and US representatives that would allow MI5 (and presumably other agencies) to access data and communications held on US servers.

This week, we balked at the amount of copyright propaganda crammed into the ESSA education reform act. That One Guy won most insightful comment of the week with his thoughts on what copyright education should actually look like (and will to perceptive students, no matter how it's presented):

Five Years Ago This week in 2011, Egypt was wracked with protests, and the government responded by shutting down the internet. China was trying to stop people from talking about the uprising while Al Jazeera was trying to spread coverage far and wide by putting it under a Creative Commons license. We took a look at the impact of the shutdown, and then later in the week Egypt finally turned it back on. Meanwhile, in a more insidious form of internet shutdown, Homeland Security was going nuts with the domain seizures, even as its affidavits continued to expose how much it was twisting the law and raise major legal questions. The week's big seizure was Spanish website Rojadirecta, which made us wonder if there would be an exodus from US-controlled domains, not to mention how the US would react if Spain started messing with American websites. Senator Wyden was demanding an explanation, and Homeland Security was not doing a good job on that front. Ten Years Ago After the recent announcement that Nikon would no longer sell film cameras, it felt like yet another end of an era this week in 2006 when Western Union announced it would no longer offer telegrams. This was, after all, a brave new era of broadband weather balloons (maybe, someday) and really expensive connected ovens. Perhaps that also explains why companies were so eager to plug the analog hole with terrible technology, though the real reason was probably to squeeze out amateur creators. Also this week in 2006: the RIAA sued yet another person without a computer, we looked at the unusual idea of applying trespass laws to computers, and we started catching on to the role of East Texas in the patent world. Fifteen Years Ago Rumours were flying about the acquisition of Yahoo! this week in 2001, which some thought would herald the end of the internet while others just wondered if Disney would be the buyer. Such rumours would likely make the "most popular stories" lists that news websites were just discovering. Alongside them, you might see stories of eBay hijinks, ranging from the artist who tried to sell his whole life to the scammer who sold a very literal listing of a Playstation 2 Original Box to one unlucky buyer. Long before the Apple Watch, Timex made a watch that could check email; long before Obama's highly digital campaign, some asked if 2000 was the first "net election"; and long before smartphone-aided comparison shopping was the norm, it wasn't clear if it would ever catch on in the US where people still didn't seem to care about wireless. One-Hundred And Thirty-Two Years Ago The Oxford English Dictionary is the gold standard of the English language, and my personal choice of dictionary whenever possible. It was on February 1st, 1884 that the first dictionary fascicle (look it up, in a watchacallit) was published with its full title: A New English Dictionary on Historical Principles; Founded Mainly on the Materials Collected by The Philological Society. Of course, it was just Volume One: A to Ant.

This week, we've got three crowdfunding projects for wonderfully inventive reimaginings of common objects that haven't changed much in a very long time. Lumir C Candles are a fine source of light, but what about all that wasted heat? It's a stroke of small genius to invent a device that captures it and turns it into more light — and that's exactly what this candle-powered LED lamp does. Admittedly, I'm not sure how practical or useful a device this is for most people, especially given the somewhat steep price — but there's something elegant and brilliant about the idea, as though it came from a basic frustration with entropy more than a pragmatic desire to make a consumer product — but maybe I'm giving it too much credit. Either way, it's pretty cool. Rocketbook Wave There are really two aspects to this notebook. The first is kind of cool: an associated app that scans and enhances the pages based on photos taken with your smartphone, and organizes them to various cloud apps based on little sorting boxes you tick with your pen. That's nothing too remarkable though. The real magic comes when it's time to empty the notebook: you put it in the microwave and all the pages come out blank. Is that a good system? How well does it work? Those are questions that are hard to answer without holding one in my hands — but it's certainly not an idea I've ever heard before, and it's nothing if not inventive. MAGNETIPS Okay, so this one isn't radical or mindblowing — it's just handy. I for one love fine-tipped markers, and as I look into my drawer full of a completely disorganized tangle of them, each with different colors and in different stages of life, I can't help but think that stackable, refillable, magnetically-connected markers is a pretty good idea. The markers themselves aren't much pricier than any other good quality options, and at $17 for a complete 20-color set of refills (not to mention the decreased likelihood of losing them one by one if you're like me) they could easily pay for themselves.

We all know that the NFL doesn't want anyone to use the term "Super Bowl" without having paid the NFL first (and paid lots and lots of money). As we've pointed out in the past, most of this is pure bullshit. In most cases, people and companies totally can use the term "Super Bowl" but few people want to deal with any sort of legal fight, so they just don't.

There's a fairly long history of Paypal being completely obnoxious in shutting down the accounts of basically anyone challenging the status quo in any way. Nearly all of our stories about Paypal follow a similar pattern:

When the Soviets launched Sputnik 1 in 1957, the US launched a satellite and put together its own space agency less than a year later. In the past week, NASA has commemorated the loss of its astronauts in the Challenger and Columbia disasters, as well as the men who died in Apollo 1. There's a new generation of kids who have only seen SpaceX and Soyuz take stuff into low earth orbit (plus maybe a successful Orion test) -- and a few other private companies reaching the edge of space. Robots have been doing an excellent job of exploring mars and other destinations in our solar system, but we shouldn't forget about manned space exploration entirely.

We've been talking about the insanity occurring in the beer industry regarding trademark for quite some time now. If you haven't been following along, the short version of this is that as the craft beer revolution has exploded the number of breweries taking part in the industry, so too has it exploded the number of trademark spats within it. In some senses, we should have seen this coming. Given the number of new players in the market with the limited linguistic resources available with which those players could name their companies and products, perhaps it was somewhat inevitable that some of the companies involved would try to lean on trademark law to fend off what they saw as impeding competition with too-close brand names. That said, many of these conflicts fail to live up to the purpose of trademark law, many of them giving barely even a nod towards an actual concern over customer confusion. Instead, protectionism reigns.

People who have worked for the USTR tend to pretty religiously support any and all new trade agreements, so it seems somewhat noteworthy that the former USTR, and now Senator, Rob Portman, has come out against the TPP agreement, saying that he doesn't think that it's a good deal. There are, of course, a number of caveats here that potentially make this at least slightly less of a big deal than it might otherwise be. Specifically:

The state of Maryland's defense of the Baltimore PD's warrantless use of Stingray devices continues, taking the form of a series of motions unofficially titled Things People Should Know About Their Cell Phones.

More sexting stupidity, this time in Michigan.