An anonymous reader quotes a report from the BBC: A bill that mandates tech giants pay news outlets for their content has come into effect in Canada amid an ongoing dispute with Facebook and Instagram owner Meta over the law. Some have hailed it as a game-changer that sets out a permanent framework that will see a steady drip of funds from wealthy tech companies to Canada's struggling journalism industry. But it has also been met with resistance by Google and Meta -- the only two companies big enough to be encompassed by the law. In response, over the summer, Meta blocked access to news on Facebook and Instagram for Canadians. Google looked set to follow, but after months of talks, the federal government was able to negotiate a deal with the search giant as the company has agreed to pay Canadian news outlets $75 million annually.

No such agreement appears to be on the horizon with Meta, which has called the law "fundamentally flawed." If Meta is refusing to budge, so is the government. "We will continue to push Meta, that makes billions of dollars in profits, even though it is refusing to invest in the journalistic rigor and stability of the media," Prime Minister Justin Trudeau told reporters on Friday. According to a study by the Media Ecosystem Observatory, the views of Canadian news on Facebook dropped 90% after the company blocked access to news on the platform. Local news outlets have been hit particularly hard.

"The loss of journalism on Meta platforms represents a significant decline in the resiliency of the Canadian media ecosystem," said Taylor Owen, a researcher at McGill and the co-author of the study. He believes it also hurts Meta's brand in the long run, pointing to the fact that the Canada's federal government, as well as that of British Columbia, other municipalities and a handful of large Canadian corporations, have all pulled their advertising off Facebook and Instagram in retaliation.

In a notice on Monday, Xfinity notified customers of a "data security incident" that resulted in the theft of customer information, including usernames, passwords, contact information, and more. The Verge reports: Xfinity traces the breach to a security vulnerability disclosed by cloud computing company Citrix, which began alerting customers of a flaw in software Xfinity and other companies use on October 10th. While Xfinity says it patched the security hole, it later uncovered suspicious activity on its internal systems "that was concluded to be a result of this vulnerability."

The hack resulted in the theft of customer usernames and hashed passwords, according to Xfinity's notice. Meanwhile, "some customers" may have had their names, contact information, last four digits of their social security numbers, dates of birth, and / or secret questions and answers exposed. Xfinity has notified federal law enforcement about the incident and says "data analysis is continuing."

We still don't know how many users were affected by the breach. Xfinity will automatically ask customers to change their passwords the next time they log in to their accounts, and it's also encouraging users to turn on two-factor authentication. You can find the full notice, including contact information for the company's incident response team, on Xfinity's website (PDF). UPDATE 12/19/23: According to TechCrunch, almost 36 million Xfinity customers had their sensitive information accessed by hackers via a vulnerability known as "CitrixBleed." The vulnerability is "found in Citrix networking devices often used by big corporations and has been under mass-exploitation by hackers since late August," the report says. "Citrix made patches available in early October, but many organizations did not patch in time. Hackers have used the CitrixBleed vulnerability to hack into big-name victims, including aerospace giant Boeing, the Industrial and Commercial Bank of China and international law firm Allen & Overy."

"In a filing with Maine's attorney general, Comcast confirmed that almost 35.8 million customers are affected by the breach. Comcast's latest earnings report shows the company has more than 32 million broadband customers, suggesting this breach has impacted most, if not all Xfinity customers."

An anonymous reader quotes a report from TechCrunch: Trevor Milton, the disgraced founder and former CEO of electric truck startup Nikola, was sentenced Monday to four years in prison for securities fraud. The sentence, by Judge Edgardo Ramos in the U.S. District Court in Manhattan, caps a multi-year saga that at one point sent Nikola stock soaring 83% only to come crashing down months later over accusations of fraud and canceled contracts. The sentencing hearing comes after four separate delays, during which Milton has remained free under a $100 million bond.

In his ruling, Ramos said he would impose a sentence of 48 months on each count, served concurrently, and a fine of $1 million. Milton is expected to appeal the sentence, which Ramos acknowledged. Milton sobbed as he pled with Judge Ramos for leniency in a long and often confusing statement ahead of the sentencing. At one point, Milton said he stepped down from the CEO post at Nikola not because of fraud allegations, but to support his wife. "I stepped down because my wife was suffering live threatening sickness," he said in his statement, which reporter Matthew Russell Lee of Inner City Press shared on social media post X. She suffered medical malpractice, someone else's plasma. So I stepped down for that -- not because I was a fraud. The truth matters. I chose my wife over money or power."

During the sentencing hearing, defense attorneys said that Milton wasn't trying to defraud investors or intending to harm anyone. Instead, they argued he simply wanted to be loved and praised like Elon Musk. Prosecutors pushed back and said he lied repeatedly and targeted retail investors. Federal prosecutors recommended an 11-year sentence, but Milton faced a maximum term of 60 years in prison. The government also sought a $5 million fine, forfeiture of a ranch in Utah and an undetermined amount of restitution to investors. Restitution will be determined after Monday's sentencing hearing. Timeline of events:

June, 2016: Nikola Motor Receives Over 7,000 Preorders Worth Over $2.3 Billion For Its Electric Truck
December, 2016: Nikola Motor Company Reveals Hydrogen Fuel Cell Truck With Range of 1,200 Miles
February, 2020: Nikola Motors Unveils Hybrid Fuel-Cell Concept Truck With 600-Mile Range
June, 2020: Nikola Founder Exaggerated the Capability of His Debut Truck
September, 2020: Nikola Motors Accused of Massive Fraud, Ocean of Lies
September, 2020: Nikola Admits Prototype Was Rolling Downhill In Promo Video
September, 2020: Nikola Founder Trevor Milton Steps Down as Chairman in Battle With Short Seller
October, 2020: Nikola Stock Falls 14 Percent After CEO Downplays Badger Truck Plans
November, 2020: Nikola Stock Plunges As Company Cancels Badger Pickup Truck
July, 2021: Nikola Founder Trevor Milton Indicted on Three Counts of Fraud
December, 2021: EV Startup Nikola Agrees To $125 Million Settlement
September, 2022: Nikola Founder Lied To Investors About Tech, Prosecutor Says in Fraud Trial

An anonymous reader quotes a report from the New York Times: Apple said on Monday that it would pause sales of its flagship smartwatches online starting Thursday and at retail locations on Christmas Eve. Two months ago, Apple lost a patent case over the technology its smartwatches use to detect people's pulse rate. The company was ordered to stop selling the Apple Watch Series 9 and Watch Ultra 2 after Christmas, which could set off a run on sales of the watches in the final week of holiday shopping. The move by Apple follows a ruling by the International Trade Commission in October that found several Apple Watches infringe on patents held by Masimo, a medical technology company in Irvine, Calif.

In court, Masimo detailed how Apple poached its top executives and more than a dozen other employees before later releasing a watch with pulse oximeter capabilities -- whichmeasures the percentage of oxygen that red blood cells carry from the lungs to the body -- that were patented by Masimo. To avoid a complete ban on sales, Apple had two months to cut a deal with Masimo to license its technology, or it could appeal to the Biden administration to reverse the ruling. But Joe Kiani, the chief executive of Masimo, said in an interview that Apple had not engaged in licensing negotiations. Instead, he said that Apple had appealed to President Biden to veto the I.T.C. ruling, which Mr. Kiani knows because the administration contacted Masimo about Apple's request. "They're trying to make the agency look like it's helping patent trolls," Mr. Kiani said of the I.T.C.

Mr. Kiani said that he was willing to sell Apple a chip that Masimo had designed to provide pulse oximeter readings on the Apple Watch. The chip is currently in a Masimo medical watch, called the W1, that is approved by the Food and Drug Administration. The device uses algorithms to process red and near-infrared light to determine how oxygen-rich is the blood in arteries. "If they don't want to use our chip, I'll work with them to make their product good," Mr. Kiani said. "Once it's good enough, I'm happy to give them a license." Apple introduced its first watch with pulse oximetry in 2020. It has included the technology, which it calls "blood oxygen," in subsequent models. But unlike Masimo's W1 device, Apple hasn't had its watches cleared by the F.D.A. for use as a medical device for pulse oximetry. "The Apple Watch accounts for nearly $20 billion of the company's $383.29 billion in annual sales," notes the NYT. The company is the largest smartwatch seller in the world, accounting for about a third of all smartwatch sales.

Following a tumultuous few weeks for Beeper, which has been trying to provide an iMessage-compatible Android app, a group of US lawmakers are pushing for the DOJ to investigate Apple for "potentially anticompetitive conduct" over its attempts to disable Beeper's services. From a report: Senators Amy Klobuchar (D-MN) and Mike Lee (R-UT) as well as Representatives Jerry Nadler (D-NY) and Ken Buck (R-CO) said in a letter to the DOJ that Beeper's Android messaging app, Beeper Mini, was a threat to Apple's leverage by "creating [a] more competitive mobile applications market, which in turn [creates] a more competitive mobile device market."

In an interview with CBS News on Monday, Beeper CEO Eric Migicovsky and 16-year-old developer James Gill talked about the fight to keep Beeper Mini alive. Migicovsky told CBS News that Beeper is trying to provide a service people want and reiterated his belief that Apple has a monopoly over its iMessage service. The company created Beeper Mini after being contacted by Gill, who said he reverse-engineered the software by "poking at it" using a "real Mac and a real iPhone." [...] The lawmakers' letter also pointed to a Department of Commerce report calling Apple a "gatekeeper," mirroring language used in the EU Digital Markets Act (DMA) that went into force earlier this year, regulating the "core" services of several tech platforms (though, notably, iMessage may not be included in this). They went on to cite Migicovsky's December 2021 Senate Judiciary Committee testimony that "the dominant messaging services would use their position to impose barriers to interoperability" and keep companies like Beeper from offering certain services. "Given Apple's recent actions, that concern appears prescient," they added.

"For the past two weeks, I've been using a new camera to secretly snap photos and record videos of strangers in parks, on trains, inside stores and at restaurants," writes a reporter for the New York Times. They were testing the recently released $300 Ray-Ban Meta glasses — "I promise it was all in the name of journalism" — which also includes microphones (and speakers, for listening to audio).

They call the device "part of a broader ambition in Silicon Valley to shift computing away from smartphone and computer screens and toward our faces." Meta, Apple and Magic Leap have all been hyping mixed-reality headsets that use cameras to allow their software to interact with objects in the real world. On Tuesday, Zuckerberg posted a video on Instagram demonstrating how the smart glasses could use AI to scan a shirt and help him pick out a pair of matching pants. Wearable face computers, the companies say, could eventually change the way we live and work... While I was impressed with the comfortable, stylish design of the glasses, I felt bothered by the implications for our privacy...

To inform people that they are being photographed, the Ray-Ban Meta glasses include a tiny LED light embedded in the right frame to indicate when the device is recording. When a photo is snapped, it flashes momentarily. When a video is recording, it is continuously illuminated. As I shot 200 photos and videos with the glasses in public, including on BART trains, on hiking trails and in parks, no one looked at the LED light or confronted me about it. And why would they? It would be rude to comment on a stranger's glasses, let alone stare at them... [A] Meta spokesperson, said the company took privacy seriously and designed safety measures, including a tamper-detection technology, to prevent users from covering up the LED light with tape.
But another concern was how smart glasses might impact our ability to focus: Even when I wasn't using any of the features, I felt distracted while wearing them... I had problems concentrating while driving a car or riding a scooter. Not only was I constantly bracing myself for opportunities to shoot video, but the reflection from other car headlights emitted a harsh, blue strobe effect through the eyeglass lenses. Meta's safety manual for the Ray-Bans advises people to stay focused while driving, but it doesn't mention the glare from headlights. While doing work on a computer, the glasses felt unnecessary because there was rarely anything worth photographing at my desk, but a part of my mind constantly felt preoccupied by the possibility...

Ben Long, a photography teacher in San Francisco, said he was skeptical about the premise of the Meta glasses helping people remain present. "If you've got the camera with you, you're immediately not in the moment," he said. "Now you're wondering, Is this something I can present and record?"
The reporter admits they'll fondly cherish its photos of their dog [including in the original article], but "the main problem is that the glasses don't do much we can't already do with phones... while these types of moments are truly precious, that benefit probably won't be enough to convince a vast majority of consumers to buy smart glasses and wear them regularly, given the potential costs of lost privacy and distraction."

A new investigation from ProPublica argues that in the U.S., "Hundreds of millions in taxpayer dollars have been spent on what was sold as a revolution in transparency and accountability.

"Instead, police departments routinely refuse to release footage..." The technology represented the largest new investment in policing in a generation. Yet without deeper changes, it was a fix bound to fall far short of those hopes. In every city, the police ostensibly report to mayors and other elected officials. But in practice, they have been given wide latitude to run their departments as they wish and to police — and protect — themselves. And so as policymakers rushed to equip the police with cameras, they often failed to grapple with a fundamental question: Who would control the footage?

Instead, they defaulted to leaving police departments, including New York's, with the power to decide what is recorded, who can see it and when. In turn, departments across the country have routinely delayed releasing footage, released only partial or redacted video or refused to release it at all. They have frequently failed to discipline or fire officers when body cameras document abuse and have kept footage from the agencies charged with investigating police misconduct. Even when departments have stated policies of transparency, they don't always follow them. Three years ago, after George Floyd's killing by Minneapolis police officers and amid a wave of protests against police violence, the New York Police Department said it would publish footage of so-called critical incidents "within 30 days." There have been 380 such incidents since then. The department has released footage within a month just twice.

And the department often does not release video at all. There have been 28 shootings of civilians this year by New York officers (through the first week of December). The department has released footage in just seven of these cases (also through the first week of December) and has not done so in any of the last 16.... For a snapshot of disclosure practices across the country, we conducted a review of civilians killed by police officers in June 2022, roughly a decade after the first body cameras were rolled out. We counted 79 killings in which there was body-worn-camera footage. A year and a half later, the police have released footage in just 33 cases — or about 42%.

The reporting reveals that without further intervention from city, state and federal officials and lawmakers, body cameras may do more to serve police interests than those of the public they are sworn to protect... The pattern has become so common across the country — public talk of transparency followed by a deliberate undermining of the stated goal — that the policing-oversight expert Hans Menos, who led Philadelphia's civilian police-oversight board until 2020, coined a term for it: the "body-cam head fake."
The article includes examples where when footage was ultimately released, it contradicted initial police accounts.

In one instance, past footage of Minneapolis police officer Derek Chauvin "was left in the control of a department where impunity reigned..." the article points out, adding that Minneapolis "fought against releasing the videos, even after Chauvin pleaded guilty in December 2021 to federal civil rights violations."

In 1999 Los Angeles Times reporter Michael Hiltzik co-authored a Pulitzer Prize-winning story. Now a business columnist for the Times, he writes that a Southern California maker of pornographic films named Strike 3 Holdings is also "a copyright troll," according to U.S. Judge Royce C. Lamberth: Lamberth cwrote in 2018, "Armed with hundreds of cut-and-pasted complaints and boilerplate discovery motions, Strike 3 floods this courthouse (and others around the country) with lawsuits smacking of extortion. It treats this Court not as a citadel of justice, but as an ATM." He likened its litigation strategy to a "high-tech shakedown." Lamberth was not speaking off the cuff. Since September 2017, Strike 3 has filed more than 12,440 lawsuits in federal courts alleging that defendants infringed its copyrights by downloading its movies via BitTorrent, an online service on which unauthorized content can be accessed by almost anyone with a computer and internet connection.

That includes 3,311 cases the firm filed this year, more than 550 in federal courts in California. On some days, scores of filings reach federal courthouses — on Nov. 17, to select a date at random, the firm filed 60 lawsuits nationwide... Typically, they are settled for what lawyers say are cash payments in the four or five figures or are dismissed outright...

It's impossible to pinpoint the profits that can be made from this courthouse strategy. J. Curtis Edmondson, a Portland, Oregon, lawyer who is among the few who pushed back against a Strike 3 case and won, estimates that Strike 3 "pulls in about $15 million to $20 million a year from its lawsuits." That would make the cases "way more profitable than selling their product...." If only one-third of its more than 12,000 lawsuits produced settlements averaging as little as $5,000 each, the yield would come to $20 million... The volume of Strike 3 cases has increased every year — from 1,932 in 2021 to 2,879 last year and 3,311 this year.

What's really needed is a change in copyright law to bring the statutory damages down to a level that truly reflects the value of a film lost because of unauthorized downloading — not $750 or $150,000 but perhaps a few hundred dollars.
Anone of the lawsuits go to trial. Instead ISPs get a subpoena demanding the real-world address and name behind IP addresses "ostensibly used to download content from BitTorrent..." according to the article. Strike 3 will then "proceed by sending a letter implicitly threatening the subscriber with public exposure as a pornography viewer and explicitly with the statutory penalties for infringement written into federal copyright law — up to $150,000 for each example of willful infringement and from $750 to $30,0000 otherwise."

A federal judge in Connecticut wrote last year that "Given the nature of the films at issue, defendants may feel coerced to settle these suits merely to prevent public disclosure of their identifying information, even if they believe they have been misidentified."

Thanks to Slashdot reader Beerismydad for sharing the article.

The Washington Post reports that America's largest pharmacy chains have "handed over Americans' prescription records to police and government investigators without a warrant, a congressional investigation found, raising concerns about threats to medical privacy." Though some of the chains require their lawyers to review law enforcement requests, three of the largest — CVS Health, Kroger and Rite Aid, with a combined 60,000 locations nationwide — said they allow pharmacy staff members to hand over customers' medical records in the store... Pharmacies' records hold some of the most intimate details of their customers' personal lives, including years-old medical conditions and the prescriptions they take for mental health and birth control. Because the chains often share records across all locations, a pharmacy in one state can access a person's medical history from states with more-restrictive laws. Carly Zubrzycki, an associate professor at the University of Connecticut law school, wrote last year that this could link a person's out-of-state medical care via a "digital trail" back to their home state...

In briefings, officials with eight American pharmacy giants — Walgreens Boots Alliance, CVS, Walmart, Rite Aid, Kroger, Cigna, Optum Rx and Amazon Pharmacy — told congressional investigators that they required only a subpoena, not a warrant, to share the records.

A subpoena can be issued by a government agency and, unlike a court order or warrant, does not require a judge's approval. To obtain a warrant, law enforcement must convince a judge that the information is vital to investigate a crime. Officials with CVS, Kroger and Rite Aid said they instruct their pharmacy staff members to process law enforcement requests on the spot, saying the staff members face "extreme pressure to immediately respond," the lawmakers' letter said. The eight pharmacy giants told congressional investigators that they collectively received tens of thousands of legal demands every year, and that most were in connection with civil lawsuits. It's unclear how many were related to law enforcement demands, or how many requests were fulfilled.

Only one of the companies, Amazon, said it notified customers when law enforcement demanded its pharmacy records unless there was a legal prohibition, such as a "gag order," preventing it from doing so, the lawmakers said...

Most investigative requests come with a directive requiring the company to keep them confidential, a CVS spokeswoman said; for those that don't, the company considers "on a case-by-case basis whether it's appropriate to notify the individual."
The article points out that Americans "can request the companies tell them if they've ever disclosed their data...but very few people do.

"CVS, which has more than 40,000 pharmacists and 10,000 stores in the United States, said it received a 'single-digit number' of such consumer requests last year, the letter states."

Earlier this week Google Maps stopped storing user location histories in the cloud. But why did Google make this move? Bloomberg reports that it was "so that the company no longer has access to users' individual location histories, cutting off its ability to respond to law enforcement warrants that ask for data on everyone who was in the vicinity of a crime." The company said Thursday that for users who have it enabled, location data will soon be saved directly on users' devices, blocking Google from being able to see it, and, by extension, blocking law enforcement from being able to demand that information from Google. "Your location information is personal," said Marlo McGriff, director of product for Google Maps, in the blog post. "We're committed to keeping it safe, private and in your control."

The change comes three months after a Bloomberg Businessweek investigation that found police across the US were increasingly using warrants to obtain location and search data from Google, even for nonviolent cases, and even for people who had nothing to do with the crime. "It's well past time," said Jennifer Lynch, the general counsel at the Electronic Frontier Foundation, a San Francisco-based nonprofit that defends digital civil liberties. "We've been calling on Google to make these changes for years, and I think it's fantastic for Google users, because it means that they can take advantage of features like location history without having to fear that the police will get access to all of that data."

Google said it would roll out the changes gradually through the next year on its own Android and Apple Inc.'s iOS mobile operating systems, and that users will receive a notification when the update comes to their account. The company won't be able to respond to new geofence warrants once the update is complete, including for people who choose to save encrypted backups of their location data to the cloud.
The EFF general counsel also pointed out to Bloomberg that "nobody else has been storing and collecting data in the same way as Google." (Apple, for example, is technically unable to provide the same data to police.)

"Unlike automobiles, jumbo jets cannot run on batteries," notes the Washington Post.

So Friday the White unveiled a plan for "subsidizing sustainable aviation fuels" — which could also give the U.S. a leg up in a brand new industry: Senior White House officials said the program would make the airline industry cleaner while bringing prosperity to rural America. But environmental groups and some scientists expressed reservations about the plan, which would award subsidies based on a scientific model that has previously been used to justify incentives for corn-based ethanol. Studies have found the gasoline additive is exacerbating climate change.

The new tax credits, created through President Biden's signature climate law, are meant to spur production of jet fuels that create no more than half the emissions of the petroleum-based product. Each gallon of such fuel qualifies for a tax credit up to $1.75 per gallon. "The concern is they will end up subsidizing fuels that take an enormous amount of land to produce," said Tim Searchinger, a senior research scholar at Princeton University... Administration officials said on a call with reporters Thursday that they are carefully weighing such concerns. Agencies are in the process of updating the scientific model for gauging climate friendliness of jet fuels, they said, and it will be revised to factor in the emissions impact of cropland converted from food to fuel production. Federal agencies plan to complete their revisions by March 1.

"The sustainable aviation fuel industry is a potential 36 billion gallon industry that for all intents and purposes is just getting started," Agriculture Secretary Tom Vilsack said on the call. "This is a big, big deal."

Delta Dental of California announced that they've suffered a data breach that exposed the personal data of almost seven million patients. BleepingComputer reports: Delta Dental of California is a dental insurance provider that covers 45 million people across 15 states and is part of the Delta Dental Plans Association. According to a Delta Dental of California data breach notification (PDF), the company suffered unauthorized access by threat actors through the MOVEit file transfer software application.

The software was vulnerable to a zero-day SQL injection flaw leading to remote code execution, tracked as CVE-2023-34362, which the Clop ransomware gang leveraged to breach thousands of organizations worldwide. Delta Dental of California learned about the compromise on June 1, 2023, and five days later, following an internal investigation, it confirmed that unauthorized actors had accessed and stolen data from its systems between May 27 and May 30, 2023. The second, more lengthy investigation to determine the exact impact of the security incident was completed on November 27, 2023.

Based on this, the data breach has so far impacted 6,928,932 customers of Delta Dental of California, who had their names, financial account numbers, and credit/debit card numbers, including security codes, exposed. Delta Dental of California provides 24 months of free credit monitoring and identity theft protection services to impacted patients to mitigate the risk of their exposed data. Details on enrolling in the program are enclosed in the personal notices.

An anonymous reader quotes a report from Ars Technica: Some TikTok users may have skipped reviewing an update to TikTok's terms of service this summer that shakes up the process for filing a legal dispute against the app. According to The New York Times, changes that TikTok "quietly" made to its terms suggest that the popular app has spent the back half of 2023 preparing for a wave of legal battles. In July, TikTok overhauled its rules for dispute resolution, pivoting from requiring private arbitration to insisting that legal complaints be filed in either the US District Court for the Central District of California or the Superior Court of the State of California, County of Los Angeles. Legal experts told the Times this could be a way for TikTok to dodge arbitration claims filed en masse that can cost companies millions more in fees than they expected to pay through individual arbitration.

Perhaps most significantly, TikTok also added a section to its terms that mandates that all legal complaints be filed within one year of any alleged harm caused by using the app. The terms now say that TikTok users "forever waive" rights to pursue any older claims. And unlike a prior version of TikTok's terms of service archived in May 2023, users do not seem to have any options to opt out of waiving their rights. Lawyers told the Times that these changes could make it more challenging for TikTok users to pursue legal action at a time when federal agencies are heavily scrutinizing the app and complaints about certain TikTok features allegedly harming kids are mounting.

An anonymous reader quotes a report from Ars Technica: Criminal suspects can refuse to provide phone passcodes to police under the US Constitution's Fifth Amendment privilege against self-incrimination, according to a unanimous ruling issued (PDF) today by Utah's state Supreme Court. The questions addressed in the ruling could eventually be taken up by the US Supreme Court, whether through review of this case or a similar one. The case involves Alfonso Valdez, who was arrested for kidnapping and assaulting his ex-girlfriend. Police officers obtained a search warrant for the contents of Valdez's phone but couldn't crack his passcode.

Valdez refused to provide his passcode to a police detective. At his trial, the state "elicited testimony from the detective about Valdez's refusal to provide his passcode when asked," today's ruling said. "And during closing arguments, the State argued in rebuttal that Valdez's refusal and the resulting lack of evidence from his cell phone undermined the veracity of one of his defenses. The jury convicted Valdez." A court of appeals reversed the conviction, agreeing "with Valdez that he had a right under the Fifth Amendment to the United States Constitution to refuse to provide his passcode, and that the State violated that right when it used his refusal against him at trial." The Utah Supreme Court affirmed the court of appeals ruling.

The Valdez case does not involve an order to compel a suspect to unlock a device. Instead, "law enforcement asked Valdez to verbally provide his passcode," Utah justices wrote. "While these circumstances involve modern technology in a scenario that the Supreme Court has not yet addressed, we conclude that these facts present a more straightforward question that is answered by settled Fifth Amendment principles." Ruling against the state, the Utah Supreme Court said it "agree[s] with the court of appeals that verbally providing a cell phone passcode is a testimonial communication under the Fifth Amendment."

After investigating reports that some users aren't getting iMessages on Beeper Mini and Beeper Cloud, Beeper says that Apple seems to be "deliberately blocking" iMessages from being delivered to about five percent of Beeper Mini users. From a report: The company says that uninstalling and reinstalling the app fixes the issue and that it's working on a broader fix.

Apple didn't immediately reply to a request for comment about Beeper's new claim, and it hasn't replied to my original request for comment, either. But given that the company has already blocked Beeper Mini before, it's not too surprising that it seems to be taking action against the app again.

Google Maps will soon give you the option to store your location data on your device instead of in the cloud. Android Police reports: In the coming year, Google is planning to switch things up by defaulting to saving your Timeline directly on your device instead of the cloud. You'll also have the option to wipe out bits or the whole information dossier whenever you want and disable location history completely. When you're jumping ship to a new device and want to keep your data close, you always have the option to back it up in the cloud. Google assures you that it'll lock it up with encryption.

Another significant update is the shorter default amount of time before your location history is auto-deleted. Soon, when you turn on location history, the default auto-delete time shrinks to three months. In the past, it used to hang around for 18 months by default. If you're the sentimental type, you can extend the Timeline's lifespan or turn off the auto-delete option. Google Maps has another nifty trick up its sleeve: soon, you can erase all traces of your trips with just a few taps. Say you've got a favorite hangout spot and you want to keep it to yourself. You can wipe the slate clean right from the app, whether it's searches, directions, visits, or shares. This handy feature is making its debut on Maps for Android and iOS in the next few weeks.

Finally, you will soon be able to click on the blue dot on the map to view your Location History and Timeline at a glance. It allows you to tweak what you share and store on Maps, all without having to dive into the settings. Currently, the blue dot only gives you some neat shortcuts for parking saves and location sharing.

An anonymous reader quotes a report from TechCrunch: Some two years of talking about gig worker rights later and European Union lawmakers have finally reached a deal on the final shape of the Platform Worker Directive. [...] The Commission presented its original plan to reform labor laws to boost protections for platform workers back in December 2021, setting out a presumption of employment for workers in a bid to flip the odds on gig economy exploitation. But the proposal proved contentious, with heavy industry lobbying from tech platforms such as Uber pushing for gig workers to be carved out of Europe's employment protections. There were also divisions between Member States over how much worker protection vs platform shielding they were prepared to commit to. But after a final trilogue, lasting more than 12 hours, a provisional agreement has been clinched.

The deal that's been provisionally agreed means a presumption of an employment relationship between a gig worker and a platform will be triggered when two out of a list of five "indicators of control or direction are present," as the parliament's press release puts it. "This list can be expanded by Member States. The presumption can be triggered by the worker, by their representatives, and by the competent authorities on their own initiative. This presumption can be rebutted if the platform proves that the contractual relationship is not an employment relationship," it adds. The agreement also contains transparency provisions that will require platforms to provide information to individuals performing platform work (and to their representatives) about how the algorithms that manage them work; and how their behavior affects decisions taken by automated systems. [...] The provisionally agreed new rules will also ban platforms from taking "certain important decisions," such as dismissals or decisions to suspend an account, without human oversight.

Per the parliament, the agreed text also ensures "more human oversight on the decisions of systems that directly affect the persons performing platform work"; and obliges platforms to "assess the impact of decisions taken or supported by automated monitoring and decision-making systems on working conditions, health and safety and fundamental rights". So conducting data protection impact assessments looks set to be a hard requirement for complying with the new law. Another prohibition that's been agreed is a ban on platforms from processing certain types of personal data of workers, including personal beliefs, private exchanges with colleagues, or when a worker is not at work -- with the Directive billed as beefing up data protection rights for platform workers.

Other provisions in the provisional deal include a requirement for platforms to share information on self-employed workers in their employ with competent national authorities and representatives of those performing platform work, such as trade unions. Measures to prevent platforms from circumventing the rules by using intermediaries has also been agreement -- a practice that's stepped up considerably in Spain since the country introduced its own labor reform, back in 2021, with the aim of forcing platforms to hire delivery workers. Some key details of exactly what's been agreed remain under wraps -- and full visibility and analysis of the ramifications will likely have to wait for a consolidated text to emerge in the coming weeks/months. [...] The final text still needs to be voted on by the Council and Parliament before it can be adopted as pan-EU law. What implementation period has been agreed also isn't yet clear. But today's political deal signals the train has now left the station.

An anonymous reader shares a report: If you bought a new smart TV during any of the holiday sales, there's likely to be an uninvited guest watching along with you. The most popular smart TVs sold today use automatic content recognition (ACR), a kind of ad surveillance technology that collects data on everything you view and sends it to a proprietary database to identify what you're watching and serve you highly targeted ads. The software is largely hidden from view, and it's complicated to opt out. Many consumers aren't aware of ACR, let alone that it's active on their shiny new TVs. If that's you, and you'd like to turn it off, we're going to show you how.

First, a quick primer on the tech: ACR identifies what's displayed on your television, including content served through a cable TV box, streaming service, or game console, by continuously grabbing screenshots and comparing them to a massive database of media and advertisements. Think of it as a Shazam-like service constantly running in the background while your TV is on.

These TVs can capture and identify 7,200 images per hour, or approximately two every second. The data is then used for content recommendations and ad targeting, which is a huge business; advertisers spent an estimated $18.6 billion on smart TV ads in 2022, according to market research firm eMarketer. For anyone who'd rather not have ACR looking over their shoulder while they watch, we've put together a guide to turning it off on three of the most popular smart TV software platforms in use last year. Depending on the platform, turning off ACR took us between 10 and 37 clicks.

According to the Wall Street Journal, Apple is including new Stolen Device Protection in iOS 17.3 that requires authentication through Face ID or Touch ID to perform certain actions. The Verge reports: The new feature appears to come in response to the concerns raised in previous reports by The Wall Street Journal describing how thieves watch their victims type in their iPhone passcodes and then steal their devices. This gives thieves access to a trove of personal and financial information stored on the device, allowing them to lock victims out of their iCloud accounts and spend thousands of dollars using saved payment information.

If you opt in to the feature, you would have to verify your identity with face or fingerprint biometrics when doing things like viewing your saved passwords in iCloud Keychain, applying for a new Apple Card, factory resetting your device, using saved payment methods in Safari, and turning off Lost Mode. This way, thieves wouldn't be able to steal your information even if they have your phone and the passcode.

For even more sensitive actions, like changing your Apple ID password, changing your iPhone passcode, or turning off Find My, the new Stolen Device Protection feature adds an additional hurdle if the device is somewhere other than locations you often frequent, like at home or in the office. It requires you to not only verify your identity with Face ID or Touch ID but also wait one hour and then repeat the authentication process again.

Politico reports that the climate bill passed in America in 2022 "has ignited a new zeal among leaders around the world for the kind of winner-picking, subsidy-flush governing that has been out of fashion in many countries for the past 40 years."

The bill's "mix of lavish support for clean energy technologies and efforts to box out foreign competitors is also promoting a kind of green patriotism — and even some politicians on the right, at least outside the U.S., say that's a climate message they can sell." [The bill] is having a real-world impact as investors shift their money to the U.S. from abroad, hungry to take advantage of the tax breaks. In July, for example, Swiss solar manufacturer Meyer Burger canned plans to build a factory in Germany, choosing Arizona instead. That has left political leaders across the world with a choice: Grinch and grumble about the United States' sudden clean industry favoritism, or follow suit... Even the United States' favorite pals on the global stage have felt rattled by the sudden diversion from decades of free trading. But in the U.K., European Union and Australia, many leaders are now working on their own versions.
Some examples of upcoming climate actions:

- Australia's Labor party "has budgeted $1.3 billion in spending this year on green hydrogen projects and around $660 million on moving the economy toward electricity rather than fossil fuels."

- The EU will "start operating a border tariff on high-carbon products in 2026, which seeks to keep hold of its heavy industries even as they pay an increasingly punitive price for polluting to the EU Emissions Trading System."

- The UK Labour party plans messaging "that casts the green energy transition as a national mission which can create jobs in former industrial communities."

- In the U.S. the White House says its bill will spur closer to $700 billion — or even $1 trillion — in green incentives over 10 years. "As the White House sees it, the jump means the tax credits for priorities such as homegrown clean power and electric vehicles have proven more popular than initially anticipated."


Taken together, all the bills "reflect the urgency of the problem," Politico argues, "by aiming to transform the economy at a pace the market can't deliver on its own." "We are in the middle of a climate crisis because firms couldn't do the job of decarbonizing," said Todd Tucker, director of industrial policy and trade at the progressive think tank Roosevelt Institute. "The climate crisis is the world's biggest market failure ever and it's going to take really strong public investment."