"Google failed to win dismissal of a lawsuit alleging it collects users' data on internet activity even when they browse in a browser's private incognito mode," reports CNET: The lawsuit, filed in June, alleges Google violates wiretapping and privacy laws by continuing to "intercept, track, and collect communications" even when people use Chrome's incognito mode and other private web browser modes. A federal judge on Friday denied the tech giant's request for dismissal of the lawsuit, which seeks class action status. "The court concludes that Google did not notify users that Google engages in the alleged data collection while the user is in private browsing mode," US District Judge Lucy Koh in San Jose, California, wrote in her ruling...

The lawsuit, which seeks at least $5 billion from Google and its parent company, Alphabet, alleges the company surreptitiously collects data through Google Analytics, Google Ad Manager, website plug-ins and other applications, including mobile apps.
Google "cannot continue to engage in the covert and unauthorized data collection from virtually every American with a computer or phone," the complaint said.

Reuters reported in June that the proposed class action likely includes "millions" of Chrome users who had tried browsing the internet in a private mode — and seeks $5,000 damages per user "or three times actual damages, whichever is greater, for violations of federal wiretapping and California privacy laws."

"A federal judge in Washington blocked the Defense Department from restricting U.S. investment in the Chinese smartphone manufacturer Xiaomi Corp," reports Bloomberg: In the final days of the Trump administration, the Defense Department placed Xiaomi on a list of companies with alleged links to the Chinese military, triggering financial restrictions that were scheduled to go into effect next week. But on Friday, U.S. District Judge Rudolph Contreras put a temporary halt to the ban, siding with Xiaomi in a lawsuit that argued that the move was "arbitrary and capricious" and deprived the company of its due process rights. Contreras said Xiaomi was likely to win a full reversal of the ban as the litigation unfolds and issued an initial injunction to prevent the company from suffering "irreparable harm." After the ban was announced, the smartphone manufacturer faced the prospect of being de-listed from U.S. exchanges and deleted from global benchmark indexes.

Xiaomi is the third-largest smartphone manufacturer in the world by volume. In the third quarter, it surpassed Apple Inc. in smartphone sales, according to the International Data Corporation.

"The Spanish government on Thursday announced legislation that classifies food delivery riders as employees of the digital platforms they work for, not self-employed," reports the Associated Press: The Minister for Labor, Yolanda Díaz, said the new law is "pioneering" and is part of "a modernization of the labor market" in Spain, updating regulations in accordance with technological developments to ensure workers' rights are upheld...

The legal changes are the latest affecting companies and workers in the gig economy. Last month, Britain's top court ruled that Uber drivers should be classed as "workers" and not self-employed, in what was seen as a major setback for the ride-hailing giant. The Spanish government agreed on the new law with the country's main business groups and trade union confederations.

But the law, which is expected to come into force within months, was quickly contested by an association of digital platforms providing food delivery services and by some riders who prefer the flexibility of being self-employed.
The Association of Service Platforms calls the rule "an assault on the most basic principles of the freedom to do business..."

Today much of the world honors an annual tradition: setting their clocks backwards by one hour. "I hope you enjoy it," writes Boston Globe Jeff Jacoby.

In an essay titled "Heed the science and abolish daylight saving time," Jacoby writes "I also hope this is the last year we have to go through this business of shifting our clocks ahead, and that by this time next year we'll be back on standard time for good." I am not a fan of daylight saving time, and if the polls are accurate, neither are most Americans. According to a 2019 survey by the Associated Press and the National Opinion Research Center, 71 percent of the public wants to put an end to the twice-yearly practice of changing clocks... Most of the rest of the world doesn't want it either. In Asia, Africa, and South America, it's virtually nonexistent. Most of Australia and many of the nations of the South Pacific eschew it, as do Russia and most of the former Soviet republics. The European Parliament voted by a large margin to end daylight saving time across the European Union, though whether to implement that change is left up to each EU member state...

The point of "saving" daylight was to save fuel: Congress believed that by shifting the clock so daylight extended later into the evening, the law would reduce demand for electricity and thereby conserve oil. But researchers attempting to measure the effects of clock-changing on energy savings have found them pretty elusive... But daylight saving time doesn't just fail to deliver the single most important benefit expected of it. It also generates a slew of harms. In the days following the onset of daylight time each March, there is a measurable increase in suicides, atrial fibrillation, strokes, and heart attacks. Workplace injuries climb. So do fatal car crashes and emergency room visits. There is even evidence that judges hand down harsher sentences. All of which helps explain the growing chorus of scientists calling for an end to daylight saving time. The public-health problems stem not just from the loss of an hour of sleep once a year but from the ongoing disruption to the human circadian clock...

We should no longer be thinking about "springing forward" and "falling back" in terms of personal preference or convenience but should be focusing instead on the proven degradation to human well-being. Scientists now understand vastly more about the workings and importance of circadian rhythm than they did when clock-shifting was instituted decades ago. There is a growing medical consensus that what we've been doing with our clocks each spring is unhealthy.

It's time to stop doing it.

"Even as IBM has sued an increasing number of companies, its IP income has shrunk," reports Bloomberg: Intellectual property rights historically brought in more than $1 billion a year, on average, helping offset massive research and development costs and shrinking revenue. Last year, IBM's income from intellectual property was $626 million, its lowest point since 1996, and 2019 wasn't much higher. While it continues to secure license deals, they are fewer and harder-won, with companies like Airbnb Inc. and Chewy Inc. waging battles in court...

In February, online pet-food seller Chewy requested a court order to block a $36 million patent fee IBM is demanding. Chewy accused IBM of "seeking exorbitant licensing fees for early internet patents having no value." IBM's claims against Chewy include years-old inventions such as targeted advertising and content resizing based on cursor activity, both ubiquitous on the web. Chewy said IBM doesn't make or sell products covered by the vast majority of the thousands of patents it has received over the past 20 years, but instead just threatens to sue if companies don't agree to pay for licenses. IBM has not answered Chewy's complaint, and no trial date has been set.

Companies that use their IP licensing aggressively as a way to make money are often referred to as patent trolls. However, IBM's position as the largest aggregator of U.S. intellectual property is more akin to being a patent godfather, says Robin Feldman, a law professor at the University of California, Hastings. With more than 38,000 active patents in its portfolio, and thousands of license agreements bolstering its legitimacy, IBM's demands have traditionally gone unchallenged, Feldman said. Such patent godfathers, with large portfolios, are "able to make offers that can't be refused." Even some of the most innovative technology giants have licensed IBM patents over the years. Alphabet Inc.'s Google, Amazon.com Inc. and LinkedIn are among countless companies that have had to pony up.

IBM also has long served as a patent bank for young companies to jump-start their portfolios. Facebook Inc. was not yet public in 2012 when it bought 750 patents on software and networking from IBM. As Instacart Inc. prepares to go public, it purchased almost 300 IBM patents in January ranging from e-commerce to smart shopping bags.
Noting a series of Supreme Court verdicts making it easier to invalidate a patent, Feldman, the law professor, told Bloomberg that "Being the godfather isn't what it used to be. It's not that patent aggregation as a business is over. You just make less money."

"Outside were more than half a dozen officers in tactical vests brandishing a sledgehammer and automatic weapons. Hands held high, she opened the door..."

A new article includes video of that moment — and describes not only what happened then, but what's happening now, and what's going to happen next: It was [Governor] DeSantis who brought the fight to her doorstep — figuratively, then literally... The state claims it traced the message to Jones's IP address. Jones claims they knew her IP address from when she worked from home... "If DeSantis thought pointing a gun at my face was a good way to get me to shut up, he's about to learn just how wrong he was...."

In January, she was charged with a felony for allegedly accessing the state emergency message system. If convicted, she could face five years in prison and a $5,000 fine. By then, she had moved her family to the D.C. area, in hopes of putting this chapter behind them all and starting over. She had to return to Florida to turn herself in or else risk extradition. She drove the nearly 1,000 mile, two-day journey alone, determined to keep her kids from reexperiencing the trauma of policemen pounding down their door... The morning she was supposed to leave, Jones started feeling unwell... The next day, she finished the drive — "it was a miracle I did not die or kill someone in my car," she says — and was booked into the Leon County Detention Facility, where she tested positive for COVID-19... She was isolated to keep from exposing other inmates...

[S]he's still proceeding with a whistleblower complaint against the Florida DOH, which is pending. And she's still running her own independent Florida COVID-19 dashboard, Florida COVID Action, which she started last June after being fired. She eventually raised more than $500,000 on GoFundMe to help support the site (along with her living expenses). She's also wrapping up work on The Covid Monitor, a project with the nonprofit FinMango that uses Google tools to help document COVID-19's spread at schools. The work has helped her survive the longest year of her life (and, quite frankly, many people's lives)... She's writing a book about her experience. And although she'd love to get another job working in science, she's not holding her breath. "I haven't met a whistleblower who has landed on their feet any time in the immediate aftermath of whistleblowing," she says wryly.

When asked what she hopes to get out of her lawsuit, she pauses and then says, "An apology. I want a fucking apology."

"Tens of millions of doses of the coronavirus vaccine made by the British-Swedish company AstraZeneca are sitting idly in American manufacturing facilities," reports the New York Times, "awaiting results from its U.S. clinical trial while countries that have authorized its use beg for access."

schwit1 shares their report: The fate of those doses of AstraZeneca's vaccine is the subject of an intense debate among White House and federal health officials, with some arguing the administration should let them go abroad where they are desperately needed while others are not ready to relinquish them, according to senior administration officials...

About 30 million doses are currently bottled at AstraZeneca's facility in West Chester, Ohio, which handles "fill-finish," the final phase of the manufacturing process during which the vaccine is placed in vials, one official with knowledge of the stockpile said. Emergent BioSolutions, a company in Maryland that AstraZeneca has contracted to manufacture its vaccine in the United States, has also produced enough vaccine in Baltimore for tens of millions more doses once it is filled into vials and packaged, the official said. But although AstraZeneca's vaccine is already authorized in more than 70 countries, according to a company spokesman, its U.S. clinical trial has not yet reported results, and the company has not applied to the Food and Drug Administration for emergency use authorization.

AstraZeneca has asked the Biden administration to let it loan American doses to the European Union, where it has fallen short of its original supply commitments and where the vaccination campaign has stumbled badly. The administration, for now, has denied the request, one official said...

Johnson & Johnson, which has authorization for its vaccine in the United States but fell behind on its production targets in both the United States and Europe, recently asked the United States to loan 10 million doses to the European Union, but the Biden administration also denied that request, according to American and European officials... The administration has focused on Johnson & Johnson's one-shot vaccine, brokering a deal to have the pharmaceutical giant Merck manufacture and bottle the shot and announcing plans to secure 100 million additional doses... Privately, two senior administration officials said that by helping Johnson & Johnson scale up with the Merck deal, the White House is laying the groundwork for the company to eventually make its vaccine available overseas.

"The cracking of a previously-unbreakable encrypted messaging service popular with criminals involved in drug trafficking and organised crime delivered a major victory for the justice system on Tuesday," writes the Brussels Times, in a story shared by DI4BL0S: The cracking of the expensive messaging app, called "Sky ECC," was what allowed over 1,500 police officers across Belgium to be simultaneously deployed in at least 200 raids, many of which were centred around Antwerp and involved special forces. Investigators succeeded in cracking Sky ECC at the end of last year, according to reporting by De Standaard, and as a result were able to sort through thousands of messages major criminals were sending each other over the course of a month. Information gained from those conversations is what led to Tuesday's historic operation, two years in the making.

Sky ECC became popular with drug criminals after its successor Encrochat was cracked in 2020 by French and Dutch investigators, who were able to intercept over 100 million messages sent via the app. That led to over a hundred suspects being arrested in the Netherlands, uncovering a network of laboratories where crystal meth and other drugs were being produced and allowing police to seize 8,000 kilos of cocaine and almost €20 million....

In a press conference by Belgium's federal public prosector's office on Tuesday afternoon, authorities stated that 17 tonnes of cocaine and €1.2 million were seized, and that 48 suspects were arrested.
Critics of Sky ECC "say more than 90% of its customers are criminals," according to the Brussels Times. Days later America's Justice Department indicted the CEO of Sky Global "for allegedly selling their devices to help international drug traffickers avoid law enforcement," reports Vice. They call it "only the second time the DOJ has filed charges against an encrypted phone company, and signals that the DOJ will continue to prosecute the heads and associates of companies that they say cater deliberately to facilitating criminal acts."

Earlier the Brussels Times had quoted the app's makers statement that they "strongly believe that privacy is a fundamental human right."

The newspaper also reported that Sky ECC calls itself "the world's most secure messaging app" — and "had previously said 'hacking is impossible'" — though in fact investigators have already decrypted almost half a billion messages.

Myanmar's first satellite is being held on board the International Space Station following the Myanmar coup, while Japan's space agency and a Japanese university decide what to do with it, two Japanese university officials said. Reuters: The $15 million satellite was built by Japan's Hokkaido University in a joint project with Myanmar's government-funded Myanmar Aerospace Engineering University (MAEU). It is the first of a set of two 50 kg microsatellites equipped with cameras designed to monitor agriculture and fisheries. Human rights activists and some officials in Japan worry that those cameras could be used for military purposes by the junta that seized power in Myanmar on Feb. 1. That has put the deployment on hold, as Hokkaido University holds discussions with the Japan Aerospace Exploration Agency (JAXA), the two Hokkaido University officials said.

Apple says a former product design employee stole information about hardware products, unannounced features and future plans and leaked them to a journalist, breaking the company's nondisclosure policies and trade secrets laws. From a report: In the the lawsuit, filed Thursday in the US District Court of the Northern District of California, Apple outlined a working relationship between a former employee, Simon Lancaster, and an unnamed journalist. The tech giant alleges Lancaster used his access at the company to download confidential information and attend meetings specifically to forward to this media contact. Apple said he attended one of his last meetings at the company, about "Project X" as it's called in the filing, after submitting his resignation despite being instructed by others not to attend. Apple Insider earlier reported the news.

"Tens of thousands of Apple employees work tirelessly every day on new products, services and features in the hopes of delighting our customers and empowering them to change the world," an Apple spokesman said in an emailed statement. "Stealing ideas and confidential information undermines their efforts, hurting Apple and our customers." Lancaster didn't immediately respond to requests for comment. Lancaster's website and LinkedIn page say he worked on product design for the MacBook Pro TouchBar, the Apple Watch and iPhone, among other devices. He's listed on more than a dozen patents and patent applications while working for the company.

Netflix is testing a new feature that could signal the start of an effort to crack down on password sharing. Hollywood Reporter reports: Spotted by GammaWire, some viewers attempting to use somebody else's account are now being stopped by a screen that says, "If you don't live with the owner of this account, you need your own account to keep watching." Netflix confirmed the new feature, which is getting a limited rollout at this time. "This test is designed to help ensure that people using Netflix accounts are authorized to do so," a Netflix spokesperson said.

In order to continue watching, the viewer is given the option of either verifying their identity (with a texted or emailed code to the account's owner), or opting to "verify later," which gives the viewer an unspecified additional amount of time to continue watching and later confirm they are a valid account user. A source familiar with the tests said the extent of the rollout varies from country to country, but noted that one reason for the feature is a desire to help protect subscribers from security concerns that can arise from unauthorized use of their account.

SysEngineer shares a report from HuffPost: Some of the citizen sleuths behind the open-source effort to identify the hundreds of Donald Trump-loving rioters who stormed the U.S. Capitol have launched an impressive new website that organizes the stunning amount of digital evidence collected about the Jan. 6 insurrection.

The website, Jan6evidence.com, was built by a small team of volunteer software developers, using the work of open-source investigators looking into the deadly Capitol attack. The site features a color-coded timeline that reflects the time of day, and allows users to click around on a map of the Capitol and pull up any video evidence from a particular location and time frame. Users can even track an individual suspect's movements over the course of Jan. 6.

An anonymous reader quotes a report from Los Angeles Times: Clearview AI has amassed a database of more than 3 billion photos of individuals by scraping sites such as Facebook, Twitter, Google and Venmo. It's bigger than any other known facial-recognition database in the U.S., including the FBI's. The New York company uses algorithms to map the pictures it stockpiles, determining, for example, the distance between an individual's eyes to construct a "faceprint." This technology appeals to law enforcement agencies across the country, which can use it in real time to help determine people's identities.

It also has caught the attention of civil liberties advocates and activists, who allege in a lawsuit filed Tuesday that the company's automatic scraping of their images and its extraction of their unique biometric information violate privacy and chill protected political speech and activity. The plaintiffs -- four individual civil liberties activists and the groups Mijente and NorCal Resist -- allege Clearview AI "engages in the widespread collection of California residents' images and biometric information without notice or consent."

This is especially consequential, the plaintiffs argue, for proponents of immigration or police reform, whose political speech may be critical of law enforcement and who may be members of communities that have been historically over-policed and targeted by surveillance tactics. Clearview AI enhances law enforcement agencies' efforts to monitor these activists, as well as immigrants, people of color and those perceived as "dissidents," such as Black Lives Matter activists, and can potentially discourage their engagement in protected political speech as a result, the plaintiffs say. [...] The plaintiffs are seeking an injunction that would force the company to stop collecting biometric information in California. They are also seeking the permanent deletion of all images and biometric data or personal information in their databases.

Russia has announced that it is imposing restrictions on social media platform Twitter for failing to remove illegal content from its platform. CNBC reports: The Federal Communications, Information Technology, and Mass Communications Oversight Service, also known as Roskomnadzor, announced Wednesday that it is slowing down the speed of Twitter. The communications watchdog said it was taking the measures to keep Russia's citizens safe and that it could end up blocking the service completely if Twitter doesn't respond accordingly.

Speeds will be reduced on all mobile devices and 50% of non-mobile devices, such as computers, Roskomnadzor said in a statement on its website. Roskomnadzor accused Twitter of failing to remove content that encourages minors to commit suicide, as well as child pornography, and drug use. The regulator said it asked Twitter to remove links and publications more than 28,000 times between 2017 and March 2021. It said that other social networks had been more co-operative than Twitter on removing content that encourages minors to commit suicide.

Facebook asked a federal court on Wednesday to dismiss major antitrust cases filed by the U.S. Federal Trade Commission and nearly every U.S. state, saying they failed to show the company had a monopoly or harmed consumers. From a report: "By a one-vote margin, in the fraught environment of relentless criticism of Facebook for matters entirely unrelated to antitrust concerns, the agency decided to bring a case against Facebook," Facebook said in its response to the FTC complaint. "None of the harms typically alleged in antitrust actions is alleged here," it said. In lawsuits filed in December, the FTC and states asked the court to force the social media giant to sell two prized assets, its messaging app WhatsApp and photo-sharing app Instagram. U.S. District Judge James Boasberg in the District of Columbia will hear the cases.

New submitter ekeko writes: A group of hackers say they breached a massive trove of security-camera data collected by Silicon Valley startup Verkada, gaining access to live feeds of 150,000 surveillance cameras inside hospitals, companies, police departments, prisons and schools. Companies whose footage was exposed include carmaker Tesla and software provider Cloudflare. In addition, hackers were able to view video from inside women's health clinics, psychiatric hospitals and the offices of Verkada itself. Some of the cameras, including in hospitals, use facial-recognition technology to identify and categorize people captured on the footage. The hackers say they also have access to the full video archive of all Verkada customers. In a video seen by Bloomberg, a Verkada camera inside Florida hospital Halifax Health showed what appeared to be eight hospital staffers tackling a man and pinning him to a bed. Halifax Health is featured on Verkada's public-facing website in a case study entitled: "How a Florida Healthcare Provider Easily Updated and Deployed a Scalable HIPAA Compliant Security System." A spokesman for Halifax confirmed Wednesday that it uses Verkada cameras but added that "we believe the scope of the situation is limited."

Epic Games filed a lawsuit against Google in Australia, widening a fight against the tech giant over the commissions charged in its app store. From a report: The maker of Fortnite is alleging that Google has abused its control over the Android operating system by forcing developers to use its payment systems, according to a statement on Epic's website on Wednesday. The Alphabet unit also makes it "egregiously difficult" for consumers to download software directly to Android devices, forcing the vast majority to obtain the apps through the Google Play Store, the statement said. Epic has pursued multiple legal claims against both Google and Apple, which operates its own App Store for iPhones, after they removed its popular Fortnite video game from their platforms last year in a dispute over commissions. Both Google and Apple take a 30% cut from in-app payments and Epic had attempted to introduce its own direct payment option to circumvent the charges.

An anonymous reader quotes a report from Ars Technica: US President Joe Biden is reportedly planning to nominate antitrust scholar Lina Khan to the Federal Trade Commission, a move that would indicate his administration is open to aggressive antitrust regulation not only generally but specifically against Amazon and other Big Tech firms. At present, Khan is an associate law professor at Columbia Law School. Khan vaulted directly to antitrust superstardom in 2017 while she was still a law student, when she published her blockbuster paper "Amazon's Antitrust Paradox" in the Yale Law Journal.

In "Amazon's Antitrust Paradox," Khan argued that using consumer pricing as the key benchmark for determining whether a company or a merger is anticompetitive is not sufficient and that Amazon's size and scale make it anticompetitive. "Specifically," she wrote in the abstract, "current doctrine underappreciates the risk of predatory pricing and how integration across distinct business lines may prove anticompetitive." Her work made an enormous splash. FTC Commissioner Rohit Chopra, a Democrat, sought her as an advisor in 2018, when the commission was kicking off an antitrust enforcement review. "It's rare to come across a legal prodigy like Lina Khan," Chopra told The New York Times in 2018. "Nothing about her career is typical. You don't see many law students publish groundbreaking legal research, or research that had such a deep impact so quickly." Critics, on the other hand, dubbed her theories "hipster antitrust."

During 2019 and 2020, Khan served as one of the House subcommittee staffers who compiled a massive, blockbuster report digging into the antitrust implications of Big Tech. After 16 months of hearings, research, and analysis, the committee determined last fall that Amazon, Apple, Facebook, and Google were all in some way breaking competition law and needed to be reined in. The news comes only a few days after the Biden administration announced it was bringing on Tim Wu as special advisor on technology and competition policy. Wu is one of the most outspoken critics of Big Tech, arguing in his most recent book, 2018's The Curse of Bigness, that unchecked market concentration was leading to a new Gilded Age and all the problems that come with it.

An anonymous reader quotes a report from The Verge: Amazon One, the technology that lets customers pay in shops by scanning their palm, is expanding to more stores in the greater Seattle area. The company says it's available starting today in its 4-star store in Lynnwood, and in the coming weeks, Amazon One is also coming to its Amazon Books store in Bellevue and its 4-star and Pop Up stores in South Lake Union. In total, 12 of Amazon's physical stores will soon feature the technology.

The e-commerce giant announced its palm recognition Amazon One system last year. It works by scanning your hand and identifying its unique characteristics like surface area details and vein patterns. Palm scanning technology has been around for a few years, and it's pretty secure as biometric security methods go, though there are concerns about how Amazon might use the data gathered as part of the system. So far, Amazon has made Amazon One available as a payment option across a number of its own-branded physical stores around Seattle. But in the longer term, the company hopes the convenience factor of being able to confirm your identity using just your hand will convince third-party businesses to use the service, too.

A security vulnerability in a popular iPhone call recording app exposed thousands of users' recorded conversations. From a report: The flaw was discovered by Anand Prakash, a security researcher and founder of PingSafe AI, who found that the aptly named Call Recorder app allowed anyone to access the call recordings from other users -- by knowing their phone number. But using a readily available proxy tool like Burp Suite, Prakash could view and modify the network traffic going in and out of the app. That meant he could replace his phone number registered with the app with the phone number of another app user, and access their recordings on his phone. TechCrunch verified Prakash's findings using a spare phone with a dedicated account. The app stores its user's call recordings on a cloud storage bucket hosted on Amazon Web Services. Although the public was open and lists the files inside, the files could not be accessed or downloaded. The bucket was closed by press time.