The Courts

Defamation Suit Demanding Elsevier Retract Paper Heads Closer To Trial (retractionwatch.com) 2

Retraction Watch reports: A trial date has been set in a $1 billion defamation case against Elsevier that alleges the company published what plaintiffs say was a manipulated study about an air purifying technology over objections from peer reviewers. The case has already cost Elsevier a $10,000 sanction from a judge.

Global Plasma Solutions (GPS), which makes air quality products, sued Elsevier in 2022 after the publisher declined to retract a 2021 paper in Building and Environment about GPS' needlepoint bipolar ionization technology, which it heavily marketed during the COVID-19 pandemic as an air purifier. The complaint claims Elsevier is responsible for the authors' alleged omission of data and misleading conclusions in the paper that fueled "massive" financial losses for the company, its lawyers claim. Elsevier knew the paper "failed peer review" under its "own standards," but moved forward with the article despite this knowledge, according to GPS, which now goes by GPS Air.

The complaint has survived a bid by Elsevier to dismiss the case, and a trial has been set for Dec. 7. In allowing the case to proceed, U.S. Magistrate Judge David Keesler said in a May 2024 opinion that GPS has "plausibly alleged actual malice" by Elsevier defined as "knowledge of falsity or reckless disregard for the truth." Chief Judge Martin Reidinger of the U.S. District Court for the Western District of North Carolina upheld Keesler's recommendation in July 2025...

Citing internal and discovery documents, GPS alleges an assessment of 19 journals revealed Elsevier has published more than 1,200 articles either without any peer review, or against the recommendations of the reviewers.

Thanks to long-time Slashdot reader sandbagger for sharing the article.
Privacy

Flock is Secretly Building a Powerful New Prompt-Based AI Tool for Police (wired.com) 45

Slashdot reader fjo3 shared this article from Wired: [Flock] has told the public for years that its technology "cannot recognize, identify, or track individuals." It has now built a system that does both, an artificial intelligence tool for police that can identify drivers and track vehicles by their patterns of movement alone, WIRED has learned... Because the system also reaches police case files, 911 dispatch logs, and commercial identity records, those plates can be turned into names, home addresses, and relatives. It can search for people in an area drawn on a map based on nothing more than a physical description...

The code describes 45 tools at the AI's disposal, giving it access to plate scans and camera metadata, arrest records, case files, dispatch logs, ballistics results, and commercial databases that contain Social Security numbers, dates of birth, phone numbers, email addresses, relatives and associates. Flock says it is testing the product with a small group of law enforcement partners and describes it as still in development, with capabilities that may not reflect what it eventually sells. It arrives as the company faces bipartisan political pressure, a growing record of officers caught misusing its platform, and a wave of vandalism that has left cameras sawed off and lenses painted over in cities across the country...

An officer no longer needs a plate, a name, or a crime to begin: They supply a place, a stretch of time, and a pattern of behavior, and the system is designed to hand back the people who fit... One prompt Flock preloaded into the system reads: "Find me witnesses based on vehicles most seen in [neighborhood] during [last 14 days] during [daily timeframe] *(will not include whitelisted vehicles)." An officer would fill in the blanks and submit it. The output is a list of plates, which other tools in the product then convert into names and home addresses. Another prompt instructs the system to list everyone arrested more than twice in two years for "any offense," exempting only narcotics arrests, and then says to map where those people live, retrieve the calls for service at their homes, and "do a workup on the top three individuals." The prompt begins with everyone in the area who has an arrest record and ends with dossiers on three of them, chosen by the software. A "workup," in Flock's terminology, is a one-command background check. It starts with a name and a date of birth and returns what the department's records and commercial data hold: vehicles, prior listings as a suspect, and, on a second screen, relatives, phone numbers, and online accounts.

Wired shares this reaction from a law professor at George Washington University.

"It is clear Flock has aspirations far beyond ALPRs to become a digital platform for policing,"
Firefox

Firefox Announces Free VPN and 'Startpage' Search Engine Rolling Out to Android, iOS - Plus GeForce NOW Support (pcworld.com) 14

Firefox 154 "brings a number of usability improvements," writes PC World: The free built-in VPN, introduced with Firefox 149, continues to offer a selection of virtual locations — temporarily extended to 28 countries until the end of August... The free VPN is currently available to Firefox users in the US, Canada, the UK, France, and Germany. In addition, the free VPN can now also be used in Firefox for Android (rolling out gradually) with iOS to follow soon.
Firefox 154 also begins adding the privacy-focused search engine Startpage to its address-bar search options for desktop users in Germany, France, Austria, Switzerland, and the Netherlands (the home markets for the Netherlands-based search engine). And Startpage is also coming soon to Android and iOS. "When so much of the web experience is decided by a handful of very large companies, a search option that's private by design and European by origin isn't a small thing," explains a Mozilla blog post, with Ajit Varma, Head of Firefox, saying this now gives millions of people in Europe one-click access to "real results, zero profiling, AI-free." Queries aren't stored or linked to you, and there are no AI answers pushed above your search results. In fact, there's no AI at all. Based in the Netherlands, Startpage built its product around a simple idea: great search and personal privacy can go hand in hand... Firefox users were choosing Startpage long before today — to the tune of more than a billion searches a year, every one of them required some assembly: an extension, a manual setting, a workaround... Startpage ranks among the most-requested search engines in the Firefox community. When demand is this clear, our job is to remove the friction...

Most browsers have already decided how you're going to search. Firefox hasn't. Pick your search engine, control what happens to your queries, decide who sees data about you, even turn AI on or off. It should always be your call. Not everyone wants the same thing from search, and a browser shouldn't pretend they do.

"Firefox has always been the browser for people who want to make their own decisions about the web," said Startpage President Stewart Marlborough, "which makes it a natural home for private search."

Nvidia's GeForce NOW cloud-gaming platform is also now officially supported on Firefox, expanding access across even more devices," according to a Nvidia blog post: Members can outfox big downloads and jump into high-performance PC gaming directly from the browser — no waiting on lengthy game installs or updates. The experience delivers GeForce RTX-powered performance at up to 1440p and 120 frames per second for GeForce NOW Ultimate members. Simply download the latest version of Firefox, head to play.geforcenow.com and start playing. The cloud handles the heavy lifting, so games are ready to play without taking up valuable storage space on the device. Firefox joins Chrome, Edge and Opera in supporting GeForce NOW on Windows browsers.
Mozilla's own blog post even includes an animation of the Firefox mascot playing games: Gamers put real effort into making their rigs their own, and Firefox gets that. Users can choose themes, custom colors, and tab settings to customize their setup, instead of sitting there like just another window. We also know online gaming doesn't happen in just one window. It's social and sometimes spontaneous. With Firefox, you can have a Discord call running in Split View, a guide open in another tab, or Reddit pulled up between matches. Then go full screen when you're ready to play, no need to switch browsers to stream games.
"In the security report for Firefox 154, Mozilla lists 58 resolved security vulnerabilities, 54 of which were discovered and reported by external security researchers," notes PC World. ("Mozilla classifies 17 of these vulnerabilities as high risk.") With Firefox 155 (scheduled for September 1), Mozilla is switching to a fortnightly release cycle for major versions, like Google Chrome and Microsoft Edge.
Government

Township Fights Nuclear Weapons Data Center By Passing a Moratorium on Electrical Infrastructure (404media.co) 36

Ypsilanti Township, Michigan, has imposed a six-month moratorium on "major electric utility infrastructure" in its latest attempt to delay a proposed $1.2 billion University of Michigan-Los Alamos data center that would support nuclear-weapons research. Township leaders, who have already paused water service for data centers, say the project has moved forward without adequate consultation and want more time to study noise, grid impacts, and other effects on residents. 404 Media reports: Last year, the university announced it was partnering with LANL on the construction of a massive 220,000 square foot hyperscale data center in Ypsilanti Township and residents have been fighting it ever since. During a meeting of the Township Board on August 18, the council unanimously passed a resolution that will delay the construction of new electrical infrastructure for 180 days. Data centers need a lot of energy, and Michigan's power authority will have to build new substations in the Township to power the proposed facility. The moratorium asked the local power authorities to use the six month delay to study noise pollution and how the new infrastructure would affect existing customers.

The moratorium is narrowly focused on "the nature and scale of electrical infrastructure necessary to serve new high-energy-demand land uses [...] including infrastructure associated, but not limited to hyper-scale data centers, mid-sized data centers, artificial intelligence computing facilities, and high-performance computational centers, industrial facilities, and other intensive electrical users."

Earlier this month, the University of Michigan announced it had settled on a specific plot of land in Ypsilanti Township -- a 144-acre plot on Textile Road. In a press release about the decision, the University said the data center would have the "capacity to change the world" and insisted it would not be a "high value target risk" in a war, that it would not store any hazardous nuclear material, and was not a weapons production facility. LANL previously confirmed that the data center will be used for nuclear weapons research. Ypsilanti Township Supervisor Brenda Stumbo told WEMU news that the selection of the site was a "travesty of justice" because it ignores constituents' concerns about environmental impact.

During the August 18 moratorium vote, the Board projected a large stock photograph of an electric substation behind its members. The photo was meant to remind people of the size of the incoming infrastructure and the lack of communication from the university about it. "This picture's really important to think about because U of M has been so crystal clear that they've been communicating to us abundantly -- which is not true," Township clerk Debbie Swanson said during the meeting. "That speaks to the lack of respect."

Privacy

American Who Wiped His Phone With 'Duress' Password During Border Search Gets Felony Charges (nytimes.com) 275

Federal prosecutors have charged activist Samuel Tunick with obstruction after he gave Customs and Border Protection officers a duress passcode that wiped his GrapheneOS-powered Pixel during a border search. "His prosecution is one of the earliest known instances of the federal authorities charging a person with destroying evidence using a program designed to wipe a device clean after a specific code is entered," reports The New York Times. From the report: "Obstructing federal law enforcement is a serious matter that has serious repercussions," Theodore Hertzberg, the U.S. attorney for the Northern District of Georgia, said in a statement. "Individuals who destroy or attempt to destroy property, including data, to prevent lawful search and seizure should expect to face prosecution and punishment for their actions."

A spokeswoman for U.S. Customs and Border Protection said in a statement that the agency had the authority to search the electronic devices of anyone entering or leaving the United States, regardless of citizenship, to enforce laws addressing terrorism, child exploitation, drug- and human-smuggling, visa fraud and national security threats.

"The border search will only include an examination of information that is present on the device at the time it is presented for inspection," the spokeswoman said, adding that it searched the electronic devices of fewer than 0.01 percent of all arriving international travelers in the last fiscal year.
"Just the knowledge that the government is peering into your private life in this way, trying to dig up dirt on you, even though it's unsuccessful, is creepy," Tunick said, in response to a question about how the charges have affected him.

His message: "The government doesn't own our communications, our relationships, as hard as they might try to. We have to defend our fundamental right to privacy; otherwise we can't say that we really live in a democracy."
Privacy

Man Dressed As Darth Vader Defends Flock Cameras to San Diego City Council (thehill.com) 58

A man dressed as Darth Vader used a Public Safety and Livable Neighborhoods Committee meeting in San Diego to mock the city's use of Flock surveillance cameras, sarcastically arguing that the technology would help the "emperor" track "rebel scum" and find Luke Skywalker. "This is what the emperor needs. This technology will help us find the rebel scum and the hidden base on Hoth," he said. The Hill reports: He urged that the cameras be used to surveil any "rebel scum as they move from playground to playground, from playground to pool, from pool to gymnasium, because we all know that the Flock cameras are not only following the license plate readers, they are following children." The plea for the cameras shifted to raising taxes to clear out storm drains and to the clearing of homeless encampments in the city. The man said the council members can use "doublespeak" to say the police department is humanitarian.

"And how will the people trust this City Council when this City Council continues to vote for surveillance technology that imprisons them? Ms. Campbell, you must work on your Jedi mind tricks," he said, addressing City Council member Jennifer Campbell, before waving his hand to the audience. "Do it like this." His last plea was for the Flock cameras to be used to "help us find Luke Skywalker as he traverses the universe in his X-wing." "This technology is a necessary, necessary force," he concluded.
According to DeFlock, San Diego has more than 550 Flock cameras across the city.
AI

Voters Aren't Waiting For November to Try Ousting Officials Over Data Centers 94

A growing backlash against AI data centers is spilling into local politics, with residents in more than a dozen communities pushing recall elections against officials who approved projects. "People are standing up and saying, 'Sorry, we don't want these data centers in our communities for a number of reasons,'" Senator Bernie Sanders, the Vermont independent, said in an interview. "'If you can't have the guts to stand up to some large corporation, you should not continue serving in office.'" The New York Times reports: In Festus, Mo., critics of a local data center project gathered enough signatures in May to force a vote to remove the mayor and City Council members who had approved a $6 billion data center, though the effort is tied up in legal wrangling. In Mason, Mich., residents will vote in November over whether to recall a City Council member over a vote to create zoning rules for data centers. Voters in Yukon, Okla., will also decide in November whether to recall their mayor after the town moved to sell land to a data center developer. And residents of Independence, a city of 121,000 that is 10 miles from Kansas City, will vote on whether to remove Mr. Perkins on Sept. 1.

Some local officials have already lost their jobs in the face of data center concerns in regularly scheduled elections. Last year, two members of the Georgia Public Service Commission lost their seats amid concern about data centers' driving up electricity prices. A Virginia state delegate, Geary Higgins, also lost his job last year after his opponent branded him "Data Center Geary." [...] Independence would be one of the first municipalities to hold a data-center-motivated recall election. A judge this month rejected a legal challenge by Mr. Perkins and others, who argued the recall violated Missouri's Constitution.
Privacy

Reverse-Lookup Service Exposed Millions of Photos of People's Faces (wired.com) 19

Security researcher Jeremiah Fowler found that people-search service ClarityCheck left more than 9 million image files accessible in an unsecured Amazon S3 bucket, despite advertising its reverse-image search as "private and secure." A separate misconfiguration also exposed email addresses, phone numbers, and other personal information. Wired reports: Overall, according to findings from independent security researcher Jeremiah Fowler, the exposed ClarityCheck database contained roughly 450 GB of images, including what appeared to be profile images, screenshots, and other photographs of adults, teenagers, and children. All of the images were stored in an unsecured Amazon S3 bucket, with files in folders named "faces" and "profiles," which could be accessed by anyone online through a URL included in the company's publicly available website code.

ClarityCheck is one of a number of so-called people-finder tools that have appeared online in recent years. These websites broadly claim to be able to search the web, public records, and other databases to identify individuals. ClarityCheck's website says it can run searches on phone numbers, email addresses, vehicle identification numbers, and names. Its photo-search page says it can help "identify anyone in a photo" and find social media profiles "in seconds." While ClarityCheck secured the giant image database after WIRED contacted the company in July, Fowler warns that it was seemingly exposed for months, and his initial efforts to flag the problem to the company were unsuccessful. Accidental data exposures create risk for any personal information, but particularly for sensitive and unchangeable biometric data like face images.

[...] In addition to the face data, ClarityCheck had also misconfigured its APIs such that its website URLs could be manipulated to reveal data about people simply by entering names; anyone using any consumer browser could have done this. Entering a name into one of the URLs would return multiple potential email addresses, physical addresses, and phone numbers for people with that name. After WIRED contacted the company, the URLs were secured. The ClarityCheck spokesperson said in the statement that the details displayed were "sourced from publicly available information and licensed third-party data providers."
A spokesperson for ClarityCheck said in a statement: "Once this was drawn to the attention of the appropriate teams, we acted immediately to restrict access." The company disputed any characterization that the data was "exposed," saying that an "ordinary member of the public" would not have come across it.

"We do not accept that data in the temporary storage location was 'publicly exposed,' which implies large-scale public access," the spokesperson says. "Access required knowledge of a specific, unindexed URL that was not discoverable through ordinary use of the ClarityCheck service or a general web search."
Japan

Japan to Require AI Firms to Disclose Training Data 13

Japan is preparing a nonbinding "comply or explain" code that would urge generative AI companies, including foreign firms operating in Japan, to disclose what models they use, what training data they rely on, and how that data was collected. The proposal would also let rights holders ask whether specific webpages were included in training datasets. The Japan Times reports: The draft code comprises three principles. The first principle requires businesses to disclose the generative AI models they use, their training data and methods for collecting such data on their websites and make the information publicly accessible. Meanwhile, disclosure of sensitive information will not be mandatory. The second principle calls for businesses to disclose whether certain webpages are included in training data when requested by copyright holders and other rights holders who allege infringement. The third principle states that businesses will respond to requests for information from system and service users concerned about copyright infringement.
Facebook

Whistleblower Arturo Bejar Leads Testimony In Landmark Trial Against Meta (npr.org) 29

An anonymous reader quotes a report from NPR: Meta was infused with a culture in which employees obsessed over user numbers and consistently pushed safety to the side, according to Arturo Bejar, a former employee turned whistleblower, who testified today in the landmark child safety trial against the social media company. Only one man had the ability to change that, Bejar said: CEO Mark Zuckerberg. But he didn't. "At the end of the day, it was the company culture that Mark had created that made it so that it was practically impossible to deliver features that addressed the wellbeing and safety issues that we've been talking about," he said.

Bejar is a linchpin witness for a consortium of states led by California, Colorado, Kentucky and New Jersey that sued Meta, alleging violations of consumer and child data protection laws, and that the company lied to the public about risks its platforms posed. The attorneys for the states say Meta designed Facebook and Instagram to hook young users and to keep them on site longer thanks to features such as infinite scrolling and the "like" button. Meta has denied the allegations. In his opening statement on Tuesday, attorney Paul Schmidt argued that the company was sensitive to the risks to teens, sought to address them and did not deceive the public about them. The state attorneys have not yet said if they will call Zuckerberg as a witness.

Testifying in federal court in Oakland, California, for a second day on Wednesday, Bejar, who worked on safety issues at Meta for eight years, said he interacted with Zuckerberg dozens of times, and charged that Zuckerberg was not telling the truth when he made public denials that the company put profits over safety. In particular, Bejar addressed a widely-shared Facebook post Zuckerberg made in 2021 after another whistleblower, Frances Haugen, shared internal documents with The Wall Street Journal that highlighted risks to the mental health of teens. In the post, Zuckerberg said it's "just not true" that Meta prioritizes profit over safety and wellbeing. "Based on my experience at Meta, that is not an accurate statement," Bejar said. [...] Bejar testified, at almost every turn the company chose policies that boosted usership and revenue over safety. Safety was "not a meaningful priority," he said.

The Courts

Music Publisher Round Hill Files $1 Billion Copyright Infringement Suits Against Suno, Anthropic 115

Independent music publisher Round Hill is suing Suno and Anthropic for allegedly using hundreds of copyrighted songs without permission to train their AI systems. The company says potential damages could exceed $1 billion, arguing there is "nothing fair" about building multibillion-dollar AI businesses on copyrighted material while rights holders receive nothing. From The Hollywood Reporter: Round Hill is a prominent music publisher whose copyrights include the Goo Goo Dolls' "Iris," Bonnie Tyler's "Total Eclipse of the Heart," the Kinks' "Lola" and Dio's "Holy Diver." The company provided a list of 500 songs that the defendants had infringed upon. Round Hill said in the suits that the company plans to "amend to list potentially ten thousand or more of their musical compositions," with those damages potentially exceeding $1 billion. "While in other cases for copyright infringement, Defendant has waxed poetic about the necessity of progress and AI's value to society, there is simply no reason -- other than rote expediency -- to have that progress come at the cost of copyrights holders," prominent music attorney Richard Busch, representing Round Hill, wrote in the suits.

Round Hill further argued that the latter "'expediency' arguments completely falter" when taking into account Suno and Anthropic's significant cash valuations they've earned while "exploiting illicit copies of copyrighted works, including the Round Hill Works." "There is simply nothing fair about a company using theft to build for purely commercial purposes a multi-billion dollar business while those from which they steal receive nothing," Round Hill said.
Suno also faces a lawsuit from Universal Music Group and Sony Music Group.
The Courts

Disney, ABC Sue FCC Over Threats to Broadcast Licenses (reuters.com) 136

Disney and ABC are suing the FCC to block an early review of eight station licenses, arguing the Trump administration is using the agency's regulatory power to punish the network over programming and editorial decisions it dislikes. Reuters reports: In a lawsuit (PDF) filed in U.S. District Court in Washington, Disney said the FCC was seeking to coerce and retaliate against "a network that refuses to bow to the administration's demands," calling the agency's actions an "extraordinary assault on free speech."

Trump has waged an aggressive series of attacks on the news media and the latest move follows a two-year-long battle between Trump and Disney. Last month, Trump again called for ABC stations to lose their licenses because the network refused to air a prime-time speech on elections. The court case will pose a key test of the free speech rights of media outlets. Disney and ABC asked the court (PDF) to quickly issue a temporary restraining order halting the license renewal proceedings and preventing the FCC from scheduling a hearing. The company said the public comment period ended earlier this month and the FCC could act at any time.

The lawsuit alleges that the administration is violating the company's First Amendment free speech rights, saying that the FCC "is using its regulatory power to retaliate against (Disney and ABC) for programming and editorial decisions the administration dislikes." The FCC said the move stemmed from a year-long investigation into whether Disney's diversity policies amounted to unlawful discrimination, an allegation the company denies. U.S. District Judge Loren AliKhan issued an order on Tuesday directing the company and the FCC to propose a schedule for considering the request for a temporary restraining order and told the agency to notify her if it moves to start the process of revoking the ABC licenses.

Privacy

Sainsbury's Store Pauses Facial Recognition After False Shoplifting Claim (theguardian.com) 120

Bruce66423 shares a report from The Guardian: Sainsbury's has paused the use of AI face scanning in one of its stores after a customer was wrongly identified as a shoplifter and ejected from the shop. "I was embarrassed, mortified even, and felt quite humiliated and powerless," Matt Arnold, 46, said of his ordeal. The comedy promoter was buying supplies in the store in East Dulwich, in south-east London, for a standup event at Dulwich Hamlet football club when, after scanning his items and a Nectar card, he was approached by two managers who told him he could not be served owing to an earlier incident. He was then asked to leave and they tried to escort him from the store.

As he left, he saw an overhead CCTV monitor alert with a red circle surrounding his face. He asked the shop staff to keep his shopping in the trolley so his friend could come and pick up the supplies for the comedy night happening soon next door. "I think they were quite confused by this, understandably, but agreed and my colleague Dave went in to pay for and pick up the shop about five minutes later. There was no pause for thought from the staff, no suggestion that they understood this is not how a shoplifter would behave. Just blindly following the machine's orders." Sainsbury's head office apologised to Arnold the next day and has paused use of its AI-assisted Facewatch technology in the store while an investigation takes place.
Arnold says the facial recognition tech should be paused in all stores. "Anyone could be falsely accused and at some point that will be someone vulnerable, someone with mental health issues like anxiety. It's inevitable," said Arnold. "Also, I would worry about the confidence-destroying effect of it happening to a younger person or someone less willing or able to stand up for themselves as I have done."

A Sainsbury's spokesperson said: "We have contacted Mr Arnold to apologise for his experience at our Dulwich superstore. The incident was caused by human error, not the facial recognition technology. Customers can be reassured that the Facewatch system has a 99.98% accuracy rate, and every match is reviewed by a trained manager." A Facewatch spokesperson said their technology was not at fault in this case. "A correct alert was sent to the retailer, but was subsequently subject to human error in the way it was handled in store," they said.
The Courts

Supreme Court Rejects Verizon Bid For $47 Million Refund of FCC Fine (arstechnica.com) 21

An anonymous reader quotes a report from Ars Technica: The Supreme Court today rejected Verizon's attempt to get a $47 million refund from the Federal Communications Commission. In a list of orders (PDF) issued by the court, Verizon's petition was denied without explanation. The denial apparently ends any possibility of Verizon asking a lower court to review the fine and order the FCC to issue a refund. However, AT&T and T-Mobile are continuing to challenge similar fines on grounds that selling device-location data did not violate US telecom law.

AT&T, T-Mobile, and Verizon were fined a total of $196 million in 2024 for selling mobile users' real-time location data without their customers' consent. The carriers sold device-location information to data aggregators, who resold it to other firms. The carriers paid the fines and sought to have them overturned in courts, claiming their Seventh Amendment right to a jury trial was violated. Challenges by AT&T and Verizon were combined into a single case, and the Supreme Court ruled against the carriers in June of this year.

The court ruled that the FCC penalty process does not violate the Seventh Amendment because the carriers could have obtained jury trials if they refused to pay the fines and waited for the government to try to collect. The ruling (PDF) against the carriers was 8-1, with Justice Clarence Thomas dissenting.

Data Storage

Judge Sets Framework For Nine PBS to Retrieve 70 Years of Archival TV Data (current.org) 67

District Court Judge Eric Elliff has ordered Iron Mountain to cooperate with Nine PBS in recovering roughly 50TB of archival material stored through now-defunct vendor OSS. "He found that the station is the rightful owner of the materials and entitled to recover them from OSS' storage systems," reports Current.org. Nine PBS must identify a third party to help retrieve the files, pay outstanding storage fees, and ensure that data belonging to other OSS customers isn't disturbed or accidentally recovered. From the report: Under his order, Nine PBS is to identify a third-party vendor, such as a former OSS employee, who can assist in accessing and retrieving the data from the infrastructure that's housed in Iron Mountain's center within 30 days. Elliff acknowledged the complexities of Iron Mountain's position as a vendor to OSS, which, according to Nine PBS' complaint, is in delinquency. Iron Mountain is the "custodian" of Nine PBS' data, but it isn't the vendor that contracted with the station to store and preserve its data. That obligation remains with OSS. Under the order, Nine PBS will pay Iron Mountain current and past-due fees for data storage, starting from when OSS stopped paying Iron Mountain for use of its data storage facility.

During the hearing, Gregory Rich, an attorney representing Nine PBS, said the station seeks access to a physical cage where the data is housed within Iron Mountain's facility. The station is in contact with a former OSS employee who is willing to help obtain the data. The attorney noted that the data could potentially be stored in physical form, such as tapes that could be easily retrieved. But if the materials are on a server, Nine PBS could lose the materials forever if Iron Mountain shuts it down. William Cravens, the attorney representing Iron Mountain, told the judge his client doesn't know the format of Nine PBS' materials that were stored by OSS. He expressed concern about whether Nine PBS' archival material is lumped together with data from other OSS clients. Iron Mountain wants to avoid potentially corrupting the other data, Cravens added.

Elliff ordered the immediate return of any physical devices that hold Nine PBS' data once access to OSS' storage system is granted. If data retrieval turns out to be more complicated -- if it is encrypted, for example -- he will schedule another hearing to determine how to proceed. Once Nine PBS retrieves its data, the station must work with a third party to ensure that no data from other OSS customers is among those materials.

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