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Updated 2025-10-03 21:32
The New FTC Amazon Antitrust Case Is Better Than The Last One, But Still Weird
It's no secret that I think this FTC has been pretty disappointing and has missed a ton of opportunities to actually make things better for the public. For reasons I really don't understand, it has filed a lot of antitrust cases against tech companies that have almost always seemed half-baked, resulting in a losing streak [...]
Privacy Activists Call Out UK Schools For Using An App To Monitor Students
As we're all too well aware, there's plenty of money to be made in the surveillance business. The best surveillance businesses, though, are those that rely on captive markets. Sure, kids aren't actually captive," but they're in school often enough it's tempting to let tech pick up the slack when it comes to keeping tabs [...]
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The Ultimate Bundle of StackSkills + Infosec4TC + Stone River gives you access to thousands of online courses to help you learn new skills. The bundle is on sale for $120. Note: The Techdirt Deals Store is powered and curated by StackCommerce. A portion of all sales from Techdirt Deals helps support Techdirt. The products [...]
5th Circuit Does It Again: Puts Yet Another Law Already Deemed Unconstitutional Into Effect With No Explanation
What the fuck is going on with the 5th Circuit? Last week we wrote about it putting a law into effect just after a district court had laid out why it was unconstitutional (this was about mandatory made up health warnings" and age verification on adult content websites). This followed on the 5th Circuit doing [...]
Bloomberg Lazily Helps Telecom Lobby Seed The Press With Bullshit Claims About Net Neutrality
With the Biden FCC now having a voting majority, the telecom industry is clearly worried about the agency's plans to restore popular net neutrality rules stripped away by the Trump administration. To prep the lobbying field, the industry has started using its various proxy groups to seed the press with a bunch of bullshit arguments [...]
AMC Defeats Liberty Tax Service Over Supposed Depiction In ‘Better Call Saul’
A little over a year ago, Liberty Tax Service filed a trademark and defamation lawsuit against AMC. At issue was the depiction of a shady tax prep company run by con-men in the final season of the hit show Better Call Saul. In the show, the name of the tax prep company is Sweet Liberty [...]
Biden FCC Prepares To ‘Restore Net Neutrality,’ But The Details Will Matter
Hey, remember when a bunch of unpopular broadband monopolies convinced a corrupt reality TV star to dismantle most oversight of their very broken industry? And remember how to accomplish this companies like AT&T, Verizon, and Comcast spread endless lies about what was actually happening, going so far as to use fake and even dead people [...]
Techdirt Podcast Episode 367: Open Sourcing The Trust & Safety Toolkit
The trust and safety conversation tends to focus on the huge platforms, and the millions of smaller websites (some still quite big!) get ignored. But those websites have trust and safety needs too, and they use a lot of different tools to meet them. Most of these tools are proprietary, but there's a growing push [...]
American Library Association Data Shows The Party Of Free Speech Is Doing More Than Ever To Silence Speech
We're increasingly at the mercy of bigots in this country. That's an upsetting turn of events, considering our history, which includes a long list of enshrined rights as well as the assertion that all people are created equal. Thanks to the aberration that was the Donald Trump presidency, the worst people in the nation suddenly [...]
5th Circuit Decides To Rehear Jawboning Case Involving Disinfo Researchers, Realizes It Can’t Do That Yet, Changes Mind Hours Later
We've been covering the multi-pronged ridiculousness around the Missouri/Louisiana jawboning" cases, regarding whether or not the White House was overstepping the bounds of the 1st Amendment and pressuring private websites to moderate in a manner they deemed appropriate. Again, almost everything about this case is bizarre -and getting more bizarre with each move. Last night, [...]
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Authors Guild, Jealous Of Other Terrible Author Lawsuits Against AI, Decides To Join In The Party
It's been eight years since the Authors Guild was thoroughly and totally embarrassed by losing its big lawsuit against Google over the Google Books scanning project. I guess they're missing the feeling of embarrassment, as they've filed what is effectively the same damn suit against OpenAI over that company's book scanning. Now, I know, some [...]
It’s Beyond Stupid That Robocallers And Lobbyists Have Made Our Voice Networks Almost Unusable
It can't be said often enough: it's stunning that we've let scammers and scumbags hijack the nation's top voice communications platform. And that we've let marketing and telecom industry lobbyists slowly degrade the authority of the one U.S. regulator capable of actually doing something about it. Every six months or so the FCC comes out [...]
Court Shoots Down Cop’s Attempt To Instruct Jury That He’s Innocent Just Because He Wasn’t The FIRST Violator Of Rights
Are you familiar with felony murder?" Let's talk about it. It's a handy way to send more people to prison for more years just because they participated in a crime that contained a murder. While I can (sort of) understand the deterrent effect of laws like these, the simple fact is felony murder laws hold [...]
Co-Sponsor Of Unconstitutional AADC Law Completely Misrepresents Court’s Ruling, Showing His Lack Of Attention To Detail
Last week, we wrote about a federal district judge in California, Beth Labson Freeman, tossing out California's Age Appropriate Design Code (AB 2273) as unconstitutional under the 1st Amendment. The ruling was careful and thorough, which did not surprise me, having sat through the oral arguments on the matter, where it seemed that the judge [...]
After Passing Online Safety Bill, UK Government Gets Back To Harassing Meta About Its End-To-End Encryption
Last week, it appeared ever so briefly, the UK government might be finally giving up on its desires to legislate at least one end of messaging services' end-to-end encryption. Having faced resistance from nearly every encrypted service (all of which threatened to exit the UK if anti-encryption mandates were put in place) as well as [...]
With Basically Zero Press Coverage At All, California Assembly Passes Its Own Version Of FOSTA
It is quite incredible to me how, over the last five years or so, the California legislature has pushed over a dozen absolutely horrific, dangerous (and often unconstitutional) laws to completely undermine the very principles of an open internet... and it gets basically no attention at all. Last year, it felt like we at Techdirt [...]
Federal Judge Says Fuck The 1st Amendment While Upholding Public University’s Drag Show Ban
Most laws and policies banning drag shows are experiencing swift judicial blowback thanks to their obvious regulation of expressive speech. Some legislators have attempted to work around this expected roadblock to oppression by avoiding any mention of drag shows or drag performers when crafting unconstitutional laws, instead pretending they're simply strengthening existing obscenity laws. None [...]
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Most modern companies put a lot of stock into data when making crucial business decisions. As such, they require employees who understand how to work with mass amounts of data, and effectively analyze it to get a holistic view of the company. These skills aren't just reserved for analysts, they're valuable for professionals in any [...]
Can Google Be Held Liable For Man Who Died Following Google Maps Over A Collapsed Bridge?
There's a pretty well known scene from The Office, when Michael Scott (played by Steve Carrell) follows his GPS device's instructions (incorrectly, obviously) and drives into a lake: The writer of that scene says the inspiration was a number of stories of people doing exactly that. In fact, in the earlier days of Techdirt, we [...]
Activists Say California Is Backtracking On Plan For Statewide Affordable Broadband
While the California legislature often screws up tech policy, they've generally been pretty good on broadband. At least in relation to most U.S. states. California was among the first in the country to pass a net neutrality law after the telecom industry got Trumpists to dismantle federal rules. The state also unveiled a major broadband [...]
Funniest/Most Insightful Comments Of The Week At Techdirt
We've got one commenter taking both top spots on the insightful side this week, but also... not really. Because in what I believe is a first, our top winner on the insightful side is Samuel Abram commenting on the previous comments post to celebrate a comment from last week, by Stephen T. Stone, that didn't [...]
This Week In Techdirt History: September 17th – 23rd
Five Years Ago This week in 2018, Ajit Pai was whining about California's net neutrality effort, while a court ordered the FCC to hand over data on bogus public comments about net neutrality, and Congress failed to invite a single consumer advocate to its upcoming hearings about broadband privacy rules. A Swedish ISP gave us [...]
EU Piracy Rates Tick Back Up In Study That Shows Income Inequality And Less Legal Options To Blame
If you only listened to executives from the content industries, you might think that copyright infringement, or online piracy, is and has been a growing threat in dire need of stricter and stricter enforcement measures. But I'll let you in on a secret: that's been bullshit for the better part of a decade now. In [...]
10th Circuit Reminds Cop That A Driver Doing Nothing Suspicious Is Not Reasonable Suspicion To Extend A Stop
Law enforcement officers rarely care about enforcing traffic laws. Moving violations may produce a little extra revenue for the city or state, but it doesn't do much for the officers performing the stops. Pretextual stops? The leveraging of any perceived moving violation in hopes of performing a vehicle search? That's where the money is, thanks [...]
The Enshittification Of Streaming Continues As Amazon Starts Charging Prime Video Customers Even More Money To Avoid Ads
Thanks to industry consolidation and saturated market growth, the streaming industry has started behaving much like the traditional cable giants they once disrupted. As with most industries suffering from enshittification," that generally means imposing obnoxious new restrictions (see: Netflix password sharing), endless price hikes, and obnoxious and dubious new fees geared toward pleasing Wall Street. [...]
Elon May Have Accidentally Revealed How ExTwitter Usage Has Dropped Massively Since His Takeover
Over the last few months, Elon Musk and Linda Yaccarino keep trying to claim that exTwitter is actually growing and more used than ever. Yaccarino has talked about largest usage days" without defining the term, and Elon says it's user-seconds per day of phone screentime as reported by iOS & Android" even though that's not [...]
White House, States Try To Convince Supreme Court In Jawboning Case
As we noted last week, the Supreme Court put on hold the injunction issued by the 5th Circuit regarding the administration's efforts to influence how social media companies deal with misinformation. As you'll recall, Louisiana and Missouri and a variety of nonsense peddlers all sued the Biden administration, claiming that their 1st Amendment rights were [...]
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CBP Tells Senator Ron Wyden It Will Stop Buying Location Data From Third Parties
In 2018, the Supreme Court handed down the Carpenter decision. That decision built on the one declaring phones off limits without a warrant - one delivered four years earlier. The rationale was this: phones are always on, all-knowing, and everywhere all the time. Given the amount of data generated by everyday smartphone use, the Supreme [...]
Netflix Settles Dispute With South Korean ISP That Demanded Extra Money Just Because ‘Squid Game’ Was Popular
A few years ago we noted how a South Korean ISP named SK Broadband had sued Netflix, demanding that the streaming giant pay it more money simply because the hit series Squid Game was so popular. It was one small part of a global push by broadband providers to force streaming companies to pay them [...]
Leaker Of Those FTC Microsoft Documents Revealed: It Was Microsoft Doing An Oopsie
As many of you are probably already aware, a massive leak of internal documents at Microsoft occurred this week, all of which came out of the FTC's challenge to Microsoft's purchase of Activision Blizzard. We discussed a small portion of that leak a few days ago when we talked about Microsoft's decision to take the [...]
Countries Eye Weight Tax To Counter Public Safety Threat Of Extremely Heavy, Large EVs
The United States is already a global leader in traffic-related fatalities, with athirty-percent jump in the last decade. That's in contrast toevery other developed country, which saw a decline. So of course it's a perfect time to flood American highways with a parade of extremely heavy EVs with unprecedented acceleration. Some of which are extremely [...]
It Feels Like The Only Reason ExTwitter Still Has A Trust And Safety Team Is So Elon Can Lay Them Off
Almost everyone I've seen talking about this new Insider article about how Elon had a special layoff just of trust and safety employees has shared it with the line wait, there are still trust & safety employees?" Elon Musk recently laid off more Twitter employees working on the platform's trust and safety efforts, roles typically [...]
EU-Funded ‘Automated Deception Detection’ Border Security Project Concludes, But Public Aren’t Allowed To See Research Details
Note: Since the publication of this article, the iBorderCtrl website has disappeared. We have updated the links in the post to point to an archived version of the site. Four years ago, Techdirt wrote about iBorderCtrl, a research project funded by the EU under the Horizon 2020 framework. According to the project's Web site: iBorderCtrl [...]
What State Action Doctrine? Biden Administration Renews Push For Deal With TikTok, Where US Government Would Oversee Content Moderation On TikTok
So, for all of the nonsense about what level of coercive power governments have over social media companies, it's bizarre how little attention has been paid to the fact that TikTok is apparently proposing to give the US government control over its content moderation setup, and the US government is looking at it seriously. As [...]
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Court: Lawsuit Can Continue Against Library That Moved All LGBTQ Children’s Books To The Adult Section
The First Amendment doesn't just protect what you say. It also protects your right to hear what others say. It guarantees a right to published information. It protects a whole lot of stuff certain politicians sincerely wish it didn't because it gets in the way of pushing their bigoted ideals. Right now, there's a wave [...]
Despite Some Progress, iFixit Says Apple’s Dedication To ‘Right To Repair’ Still Sucks
Apple has never looked too kindly upon users actually repairing their own devices, or using lower cost independent repair services. The company's ham-fisted efforts to shut down, sue, or otherwise imperil third-party repair shops arelegendary. As are the company's efforts to force recycling shops toshred Apple products(so they can't be refurbished and re-used). Recently, Apple [...]
Delaware State Police Pay $50,000 To Man Troopers Ticketed For Flipping Them Off
It should be pretty well established by now that you just can't go around arresting people for expressing their displeasure with their fingers. It's not like it's a new issue or even an uncommon issue ([extremely laconic cowboy voice]: least not round these parts). It's something we've seen quite a bit of here at Techdirt. [...]
Boise State’s Silly Trademark For ‘Non-Green Football Fields” May Finally Get Challenged
Almost exactly seven years ago, we discussed the absolute silliness that was Boise State University somehow getting the USPTO to grant it a trademark for a football field that is non-green." If you're not a college football fan, some context is in order. Decades back, the school didn't want to pay to have its field [...]
Council Of Europe Says Most Use Of NSO’s Pegasus Spyware Is Probably Illegal
I mean, that's what we all were thinking, right? When you carve out a niche selling to outlaws, there's a good chance your product will be used illegally, no matter who's buying it. That's how it all plays out for NSO Group and its infamous Pegasus zero-click phone exploit - one capable of fully compromising [...]
Last Week 5th Circuit Said Gov’t Can’t Pressure Websites, This Week It Says Gov’t Mandated ‘Health’ Messages Are Perfectly Fine
It can always get dumber. And when we're talking about the 5th Circuit, you have to assume it will always get dumber. And that's what has happened now with the 5th Circuit issuing a stay on an injunction that had blocked an obviously unconstitutional law. But we'll get to those details in a moment. Just [...]
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Judge Tells Trump Durham Report Doesn’t Prove Hillary Clinton Conspired Against Him To [Squints At 2016] LOSE Election
Former president Donald Trump has been engaged in plenty of questionable litigation. And not just during and following his mercifully short-lived stint as the supposed leader of the free world. But this still remains one of the weirdest lawsuits Trump has filed. This lawsuit - which he has already lost - claims the Democratic Party [...]
As Net Neutrality Debate Reheats, Remember The Real Problem Is Telecom Monopoly Power
With the Biden FCC now having a full slate of commissioners and a full voting majority, the net neutrality debate has already started to heat back up. That means a renewed effort by broadband giants to try and downplay the need for net neutrality rules, usually via lazy op-eds run in lazy publications like The [...]
A Small Percentage Of Skyrim’s Sales Were On Non-Microsoft Platforms; Its Sequel Will Be Microsoft Exclusive
So, the fact that Microsoft would be taking the next game in the Elder Scrolls series, the 6th game, to Xbox and PC exclusively isn't the world's biggest surprise. Xbox chief Phil Spencer made waves back in 2021 (before all the drama surrounding Microsoft's future acquisition of Activision Blizzard) noting that he saw advantages to [...]
Cops Lose CSAM Evidence Because They Couldn’t Be Bothered To Include Probable Cause In Their Warrant Application
As has been noted here before, it's often the worst people that generate the best case law. People staring down the barrel of several years in prison are extremely motivated to find any reason to have the evidence against them dismissed. People not faced with the same reality rarely find a reason to trouble the [...]
Techdirt Podcast Episode 366: Liability, Speech & Marketplaces
We've got a slightly unusual (at first glace) crosspost episode for you this week! Recently, Mike joined Dave Cooper, CEO and Founder of brand protection agency IPSecure, on the company's Owning The Buy Box podcast. As you probably know, we're pretty skeptical of brand protection companies here at Techdirt, but Dave has a history of [...]
Elon, Who Insisted He Had Solved The Spam/Bot Problem, Now Says He Will Paywall Twitter To Stop Spam/Bots
So, remember when Elon first announced his plans to buy Twitter, and he claimed that it was the de facto town square" and his top priority was to eliminate spam and scam bots? A top priority I would have is eliminating the spam and scam bots and the bot armies that are on Twitter. They [...]
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