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Medicine

America's FDA Forced to Settle 'Groundless' Lawsuit Over Its Ivermectin Warnings (msn.com) 350

As a department of America's federal Health agency, the Food and Drug Administration is responsible for public health rules, including prescription medicines. And the FDA "has not changed its position that currently available clinical trial data do not demonstrate that ivermectin is effective against COVID-19," they confirmed to CNN this week. "The agency has not authorized or approved ivermectin for use in preventing or treating COVID-19."

But there was also a lawsuit. In "one of its more popular pandemic-era social media campaigns," the agency tweeted out "You are not a horse. You are not a cow. Seriously, y'all. Stop it." The post attracted nearly 106,000 likes — and over 46,000 reposts, and was followed by another post on Instagram. "Stop it with the #ivermectin. It's not authorized for treating #COVID."

Los Angeles Times business columnist Michael Hiltzik writes that the posts triggered a "groundless" lawsuit: It was those latter two lines that exercised three physicians who had been prescribing ivermectin for patients. They sued the FDA in 2022, asserting that its advisory illegally interfered with the practice of medicine — specifically with their ability to continue prescribing the drug. A federal judge in Texas threw out their case, but the 5th Circuit Court of Appeals — the source of a series of chuckleheaded antigovernment rulings in recent years — reinstated it last year, returning it to the original judge for reconsideration.

Now the FDA has settled the case by agreeing to delete the horse post and two similar posts from its accounts on the social media platforms X, LinkedIn and Facebook. The agency also agreed to retire a consumer advisory titled "Why You Should Not Use Ivermectin to Treat or Prevent COVID-19." In defending its decision, the FDA said it "has chosen to resolve this lawsuit rather than continuing to litigate over statements that are between two and nearly four years old."

That sounds reasonable enough, but it's a major blunder. It leaves on the books the 5th Circuit's adverse ruling, in which a panel of three judges found that the FDA's advisory crossed the line from informing consumers, which they said is all right, to recommending that consumers take some action, which they said is not all right... That's a misinterpretation of the law and the FDA's actions, according to Dorit Rubinstein Reiss of UC College of the Law in San Francisco. "The FDA will seek to make recommendations against the misuse of products in the future, and having that decision on the books will be used to litigate against it," she observed after the settlement.

"A survey by Boston University and the University of Michigan estimated that Medicare and private insurers had wasted $130 million on ivermectin prescriptions for COVID in 2021 alone."
AT&T

AT&T Says Data From 73 Million Customers Has Leaked Onto the Dark Web (cnn.com) 21

Personal data from 73 million AT&T customers has leaked onto the dark web, reports CNN — both current and former customers.

AT&T has launched an investigation into the source of the data leak... In a news release Saturday morning, the telecommunications giant said the data was "released on the dark web approximately two weeks ago," and contains information such as account holders' Social Security numbers. ["The information varied by customer and account," AT&T said in a statement, " but may have included full name, email address, mailing address, phone number, social security number, date of birth, AT&T account number and passcode."]

"It is not yet known whether the data ... originated from AT&T or one of its vendors," the company added. "Currently, AT&T does not have evidence of unauthorized access to its systems resulting in exfiltration of the data set."

The data seems to have been from 2019 or earlier. The leak does not appear to contain financial information or specifics about call history, according to AT&T. The company said the leak shows approximately 7.6 million current account holders and 65.4 million former account holders were affected.

CNN says the first reports of the leak came two weeks ago from a social media account claiming "the largest collection of malware source code, samples, and papers. Reached for a comment by CNN, AT&T had said at the time that "We have no indications of a compromise of our systems."

AT&T's web site now includes a special page with an FAQ — and the tagline that announces "We take cybersecurity very seriously..."

"It has come to our attention that a number of AT&T passcodes have been compromised..."

The page points out that AT&T has already reset the passcodes of "all 7.6 million impacted customers." It's only further down in the FAQ that they acknowledge that the breach "appears to be from 2019 or earlier, impacting approximately 7.6 million current AT&T account holders and 65.4 million former account holders." Our internal teams are working with external cybersecurity experts to analyze the situation... We encourage customers to remain vigilant by monitoring account activity and credit reports. You can set up free fraud alerts from nationwide credit bureaus — Equifax, Experian, and TransUnion. You can also request and review your free credit report at any time via Freecreditreport.com...

We will reach out by mail or email to individuals with compromised sensitive personal information and offering complimentary identity theft and credit monitoring services... If your information was impacted, you will be receiving an email or letter from us explaining the incident, what information was compromised, and what we are doing for you in response.

Government

Do Age Verification Laws Drag Us Back to the Dark Ages of the Internet? (404media.co) 159

404 Media claims to have identified "the fundamental flaw with the age verification bills and laws" that have already passed in eight state legislatures (with two more taking effect in July): "the delusional, unfounded belief that putting hurdles between people and pornography is going to actually prevent them from viewing porn."

They argue that age verification laws "drag us back to the dark ages of the internet." Slashdot reader samleecole shared this excerpt: What will happen, and is already happening, is that people — including minors — will go to unmoderated, actively harmful alternatives that don't require handing over a government-issued ID to see people have sex. Meanwhile, performers and companies that are trying to do the right thing will suffer....

The legislators passing these bills are doing so under the guise of protecting children, but what's actually happening is a widespread rewiring of the scaffolding of the internet. They ignore long-established legal precedent that has said for years that age verification is unconstitutional, eventually and inevitably reducing everything we see online without impossible privacy hurdles and compromises to that which is not "harmful to minors." The people who live in these states, including the minors the law is allegedly trying to protect, are worse off because of it. So is the rest of the internet.

Yet new legislation is advancing in Kentucky and Nebraska, while the state of Kansas just passed a law which even requires age-verification for viewing "acts of homosexuality," according to a report: Websites can be fined up to $10,000 for each instance a minor accesses their content, and parents are allowed to sue for damages of at least $50,000. This means that the state can "require age verification to access LGBTQ content," according to attorney Alejandra Caraballo, who said on Threads that "Kansas residents may soon need their state IDs" to access material that simply "depicts LGBTQ people."
One newspaper opinion piece argues there's an easier solution: don't buy your children a smartphone: Or we could purchase any of the various software packages that block social media and obscene content from their devices. Or we could allow them to use social media, but limit their screen time. Or we could educate them about the issues that social media causes and simply trust them to make good choices. All of these options would have been denied to us if we lived in a state that passed a strict age verification law. Not only do age verification laws reduce parental freedom, but they also create myriad privacy risks. Requiring platforms to collect government IDs and face scans opens the door to potential exploitation by hackers and enemy governments. The very information intended to protect children could end up in the wrong hands, compromising the privacy and security of millions of users...

Ultimately, age verification laws are a misguided attempt to address the complex issue of underage social media use. Instead of placing undue burdens on users and limiting parental liberty, lawmakers should look for alternative strategies that respect privacy rights while promoting online safety.

This week a trade association for the adult entertainment industry announced plans to petition America's Supreme Court to intervene.
Government

Can Apps Turn Us Into Unpaid Lobbyists? (msn.com) 73

"Today's most effective corporate lobbying no longer involves wooing members of Congress..." writes the Wall Street Journal. Instead the lobbying sector "now works in secret to influence lawmakers with the help of an unlikely ally: you." [Lobbyists] teamed up with PR gurus, social-media experts, political pollsters, data analysts and grassroots organizers to foment seemingly organic public outcries designed to pressure lawmakers and compel them to take actions that would benefit the lobbyists' corporate clients...

By the middle of 2011, an army of lobbyists working for the pillars of the corporate lobbying establishment — the major movie studios, the music industry, pharmaceutical manufacturers and the U.S. Chamber of Commerce — were executing a nearly $100 million campaign to win approval for the internet bill [the PROTECT IP Act, or "PIPA"]. They pressured scores of lawmakers to co-sponsor the legislation. At one point, 99 of the 100 members of the U.S. Senate appeared ready to support it — an astounding number, given that most bills have just a handful of co-sponsors before they are called up for a vote. When lobbyists for Google and its allies went to Capitol Hill, they made little headway. Against such well-financed and influential opponents, the futility of the traditional lobbying approach became clear. If tech companies were going to turn back the anti-piracy bills, they would need to find another way.

It was around this time that one of Google's Washington strategists suggested an alternative strategy. "Let's rally our users," Adam Kovacevich, then 34 and a senior member of Google's Washington office, told colleagues. Kovacevich turned Google's opposition to the anti-piracy legislation into a coast-to-coast political influence effort with all the bells and whistles of a presidential campaign. The goal: to whip up enough opposition to the legislation among ordinary Americans that Congress would be forced to abandon the effort... The campaign slogan they settled on — "Don't Kill the Internet" — exaggerated the likely impact of the bill, but it succeeded in stirring apprehension among web users.

The coup de grace came on Jan. 18, 2012, when Google and its allies pulled off the mother of all outside influence campaigns. When users logged on to the web that day, they discovered, to their great frustration, that many of the sites they'd come to rely on — Wikipedia, Reddit, Craigslist — were either blacked out or displayed text outlining the detrimental impacts of the proposed legislation. For its part, Google inserted a black censorship bar over its multicolored logo and posted a tool that enabled users to contact their elected representatives. "Tell Congress: Please don't censor the web!" a message on Google's home page read. With some 115,000 websites taking part, the protest achieved a staggering reach. Tens of millions of people visited Wikipedia's blacked-out website, 4.5 million users signed a Google petition opposing the legislation, and more than 2.4 million people took to Twitter to express their views on the bills. "We must stop [these bills] to keep the web open & free," the reality TV star Kim Kardashian wrote in a tweet to her 10 million followers...

Within two days, the legislation was dead...

Over the following decade, outside influence tactics would become the cornerstone of Washington's lobbying industry — and they remain so today.

"The 2012 effort is considered the most successful consumer mobilization in the history of internet policy," writes the Washington Post — agreeing that it's since spawned more app-based, crowdsourced lobbying campaigns. Sites like Airbnb "have also repeatedly asked their users to oppose city government restrictions on the apps." Uber, Lyft, DoorDash and other gig work companies also blitzed the apps' users with scenarios of higher prices or suspended service unless people voted for a 2020 California ballot measure on contract workers. Voters approved it."

The Wall Street Journal also details how lobbyists successfully killed higher taxes for tobacco products, the oil-and-gas industry, and even on private-equity investors — and note similar tactics were used against a bill targeting TikTok. "Some say the campaign backfired. Lawmakers complained that the effort showed how the Chinese government could co-opt internet users to do their bidding in the U.S., and the House of Representatives voted to ban the app if its owners did not agree to sell it.

"TikTok's lobbyists said they were pleased with the effort. They persuaded 65 members of the House to vote in favor of the company and are confident that the Senate will block the effort."

The Journal's article was adapted from an upcoming book titled "The Wolves of K Street: The Secret History of How Big Money Took Over Big Government." But the Washington Post argues the phenomenon raises two questions. "How much do you want technology companies to turn you into their lobbyists? And what's in it for you?"
AI

More AI Safeguards Coming, Including Right to Refuse Face-Recognition Scans at US Airports (cnn.com) 23

This week every U.S. agency was ordered to appoint a "chief AI officer".

But that wasn't the only AI policy announced. According to CNN, "By the end of the year, travelers should be able to refuse facial recognition scans at airport security screenings without fear it could delay or jeopardize their travel plans." That's just one of the concrete safeguards governing artificial intelligence that the Biden administration says it's rolling out across the U.S. government, in a key first step toward preventing government abuse of AI. The move could also indirectly regulate the AI industry using the government's own substantial purchasing power... The mandates aim to cover situations ranging from screenings by the Transportation Security Administration to decisions by other agencies affecting Americans' health care, employment and housing. Under the requirements taking effect on December 1, agencies using AI tools will have to verify they do not endanger the rights and safety of the American people. In addition, each agency will have to publish online a complete list of the AI systems it uses and their reasons for using them, along with a risk assessment of those systems...

[B]ecause the government is such a large purchaser of commercial technology, its policies around procurement and use of AI are expected to have a powerful influence on the private sector.

CNN notes that Vice President Harris told reporters that the administration intends for the policies to serve as a global model. "Meanwhile, the European Union this month gave final approval to a first-of-its-kind artificial intelligence law, once again leapfrogging the United States on regulating a critical and disruptive technology."

CNN adds that last year, "the White House announced voluntary commitments by leading AI companies to subject their models to outside safety testing."
Cellphones

America's DHS Is Expected to Stop Buying Access to Your Phone Movements (notus.org) 49

America's Department of Homeland Security "is expected to stop buying access to data showing the movement of phones," reports the U.S. news site NOTUS.

They call the purchasers "a controversial practice that has allowed it to warrantlessly track hundreds of millions of people for years." Since 2018, agencies within the department — including Immigration and Customs Enforcement, U.S. Customs and Border Protection and the U.S. Secret Service — have been buying access to commercially available data that revealed the movement patterns of devices, many inside the United States. Commercially available phone data can be bought and searched without judicial oversight.

Three people familiar with the matter said the Department of Homeland Security isn't expected to buy access to more of this data, nor will the agency make any additional funding available to buy access to this data. The agency "paused" this practice after a 2023 DHS watchdog report [which had recommended they draw up better privacy controls and policies]. However, the department instead appears to be winding down the use of the data...

"The information that is available commercially would kind of knock your socks off," said former top CIA official Michael Morell on a podcast last year. "If we collected it using traditional intelligence methods, it would be top-secret sensitive. And you wouldn't put it in a database, you'd keep it in a safe...." DHS' internal watchdog opened an investigation after a bipartisan outcry from lawmakers and civil society groups about warrantless tracking...

"Meanwhile, U.S. spy agencies are fighting to preserve the same capability as part of the renewal of surveillance authorities," the article adds.

"A bipartisan coalition of lawmakers, led by Democratic Sen. Ron Wyden in the Senate and Republican Rep. Warren Davidson in the House, is pushing to ban U.S. government agencies from buying data on Americans."
Power

Are State Governments Slowing the Build-Out of America's EV Charging Stations? (msn.com) 120

In November of 2021 America passed a "Bipartisan Infrastructure Law" which included $7.5 billion for up to 20,000 EV charging spots, or around 5,000 stations, notes the Washington Post (citing an analysis from the EV policy analyst group Atlas Public Policy).

And new stations are now already open in Hawaii, New York, Ohio and Pennsylvania, "and under construction in four other states. Twelve additional states have awarded contracts for constructing the charging stations." A White House spokesperson said America should reach its goal of 500,000 charging stations by 2026.

So why is it that right now — more than two years after the bill's passage — why does the Federal Highway System say the program has so far only delivered seven open charging stations with a total of 38 charging spots? Nick Nigro, founder of Atlas Public Policy, said that some of the delays are to be expected. "State transportation agencies are the recipients of the money," he said. "Nearly all of them had no experience deploying electric vehicle charging stations before this law was enacted." Nigro says that the process — states have to submit plans to the Biden administration for approval, solicit bids on the work, and then award funds — has taken much of the first two years since the funding was approved. "I expect it to go much faster in 2024," he added.

"We are building a national EV charging network from scratch, and we want to get it right," a spokesperson for the Federal Highway Administration said in an email. "After developing program guidance and partnering with states to guide implementation plans, we are hitting our stride as states move quickly to bring National Electric Vehicle Infrastructure stations online...."

Part of the slow rollout is that the new chargers are expected to be held to much higher standards than previous generations of fast chargers. The United States currently has close to 10,000 "fast" charging stations in the country, of which over 2,000 are Tesla Superchargers, according to the Department of Energy. Tesla Superchargers — some of which have been opened to drivers of other vehicles — are the most reliable fast-charging systems in the country. But many non-Tesla fast chargers have a reputation for poor performance and sketchy reliability. EV advocates have criticized Electrify America, the company created by Volkswagen after the company's "Dieselgate" emissions scandal, for spending hundreds of millions of dollars on chargers that don't work well. The company has said they are working to improve reliability. The data analytics company J.D. Power has estimated that only 80 percent of all charging attempts in the country are successful.

Biden administration guidance requires the new publicly funded chargers to be operational 97% of the time, provide 150kW of power at each charger, and be no more than one mile from the interstate, among many other requirements.EV policy experts say those requirements are critical to building a good nationwide charging program — but also slow down the build-out of the chargers. "This funding comes with dozens of rules and requirements," Laska said. "That is the nature of what we're trying to accomplish....

"States are just not operating with the same urgency that some of the rest of us are."

The article notes that private companies are also building charging stations — but the publicly-funded spots would increase America's car-charging capacity by around 50 percent, "a crucial step to alleviating 'range anxiety' and helping Americans shift into battery electric cars.

"States just have to build them first."
Government

Congress Bans Staff Use of Microsoft's AI Copilot (axios.com) 32

The U.S. House has set a strict ban on congressional staffers' use of Microsoft Copilot, the company's AI-based chatbot, Axios reported Friday. From the report: The House last June restricted staffers' use of ChatGPT, allowing limited use of the paid subscription version while banning the free version. The House's Chief Administrative Officer Catherine Szpindor, in guidance to congressional offices obtained by Axios, said Microsoft Copilot is "unauthorized for House use."

"The Microsoft Copilot application has been deemed by the Office of Cybersecurity to be a risk to users due to the threat of leaking House data to non-House approved cloud services," it said. The guidance added that Copilot "will be removed from and blocked on all House Windows devices."

AI

NYC's Government Chatbot Is Lying About City Laws and Regulations (arstechnica.com) 57

An anonymous reader quotes a report from Ars Technica: NYC's "MyCity" ChatBot was rolled out as a "pilot" program last October. The announcement touted the ChatBot as a way for business owners to "save ... time and money by instantly providing them with actionable and trusted information from more than 2,000 NYC Business web pages and articles on topics such as compliance with codes and regulations, available business incentives, and best practices to avoid violations and fines." But a new report from The Markup and local nonprofit news site The City found the MyCity chatbot giving dangerously wrong information about some pretty basic city policies. To cite just one example, the bot said that NYC buildings "are not required to accept Section 8 vouchers," when an NYC government info page says clearly that Section 8 housing subsidies are one of many lawful sources of income that landlords are required to accept without discrimination. The Markup also received incorrect information in response to chatbot queries regarding worker pay and work hour regulations, as well as industry-specific information like funeral home pricing. Further testing from BlueSky user Kathryn Tewson shows the MyCity chatbot giving some dangerously wrong answers regarding treatment of workplace whistleblowers, as well as some hilariously bad answers regarding the need to pay rent.

MyCity's Microsoft Azure-powered chatbot uses a complex process of statistical associations across millions of tokens to essentially guess at the most likely next word in any given sequence, without any real understanding of the underlying information being conveyed. That can cause problems when a single factual answer to a question might not be reflected precisely in the training data. In fact, The Markup said that at least one of its tests resulted in the correct answer on the same query about accepting Section 8 housing vouchers (even as "ten separate Markup staffers" got the incorrect answer when repeating the same question). The MyCity Chatbot -- which is prominently labeled as a "Beta" product -- does tell users who bother to read the warnings that it "may occasionally produce incorrect, harmful or biased content" and that users should "not rely on its responses as a substitute for professional advice." But the page also states front and center that it is "trained to provide you official NYC Business information" and is being sold as a way "to help business owners navigate government."
NYC Office of Technology and Innovation Spokesperson Leslie Brown told The Markup that the bot "has already provided thousands of people with timely, accurate answers" and that "we will continue to focus on upgrading this tool so that we can better support small businesses across the city."
The Courts

Apple Sues Former Employee For Leaking Journal App, Vision Pro Details (macrumors.com) 47

Apple has sued its former employee Andrew Aude for leaking information about more than a half-dozen Apple products and policies, including its then-unannounced Journal app and Vision Pro headset, product development policies, strategies for regulatory compliance, employee headcounts, and more. MacRumors reports: Aude joined Apple as an iOS software engineer in 2016, shortly after graduating college. He worked on optimizing battery performance, making him "privy to information regarding dozens of Apple's most sensitive projects," according to the complaint. In April 2023, for example, Apple alleges that Aude leaked a list of finalized features for the iPhone's Journal app to a journalist at The Wall Street Journal on a phone call. That same month, The Wall Street Journal's Aaron Tilley published a report titled "Apple Plans iPhone Journaling App in Expansion of Health Initiatives."

Using the encrypted messaging app Signal, Aude is said to have sent "over 1,400" messages to the same journalist, who Aude referred to as "Homeboy." He is also accused of sending "over 10,000 text messages" to another journalist at the website The Information, and he allegedly traveled "across the continent" to meet with her. Other leaks relate to the Vision Pro and other hardware: "As another example, an October 2020 screenshot on Mr. Aude's Apple-issued work iPhone shows that he disclosed Apple's development of products within the spatial computing space to a non-Apple employee. Mr. Aude made this disclosure even though Apple's development efforts were confidential and not known to the public. Over the following months, Mr. Aude disclosed additional Apple confidential information -- including information concerning unannounced products, and hardware information."

Apple believes that Aude's actions were "extensive and purposeful," with Aude allegedly admitting that he leaked information so he could "kill" products and features with which he took issue. The company alleges that his wrongful disclosures resulted in at least five news articles discussing the company's confidential and proprietary information. Apple says these public revelations impeded its ability to "surprise and delight" with its latest products. Apple said it learned of Aude's wrongful disclosures in late 2023, and the company fired him for his alleged misconduct in December of that year. [...] Apple is seeking both compensatory and punitive damages in an amount to be determined at trial, and it is also seeking other legal remedies.
The full complaint can be read here (PDF).
Cloud

Cloud Server Host Vultr Rips User Data Ownership Clause From ToS After Web Outage (theregister.com) 28

Tobias Mann reports via The Register: Cloud server provider Vultr has rapidly revised its terms-of-service after netizens raised the alarm over broad clauses that demanded the "perpetual, irrevocable, royalty-free" rights to customer "content." The red tape was updated in January, as captured by the Internet Archive, and this month users were asked to agree to the changes by a pop-up that appeared when using their web-based Vultr control panel. That prompted folks to look through the terms, and there they found clauses granting the US outfit a "worldwide license ... to use, reproduce, process, adapt ... modify, prepare derivative works, publish, transmit, and distribute" user content.

It turned out these demands have been in place since before the January update; customers have only just noticed them now. Given Vultr hosts servers and storage in the cloud for its subscribers, some feared the biz was giving itself way too much ownership over their stuff, all in this age of AI training data being put up for sale by platforms. In response to online outcry, largely stemming from Reddit, Vultr in the past few hours rewrote its ToS to delete those asserted content rights. CEO J.J. Kardwell told The Register earlier today it's a case of standard legal boilerplate being taken out of context. The clauses were supposed to apply to customer forum posts, rather than private server content, and while, yes, the terms make more sense with that in mind, one might argue the legalese was overly broad in any case.

"We do not use user data," Kardwell stressed to us. "We never have, and we never will. We take privacy and security very seriously. It's at the core of what we do globally." [...] According to Kardwell, the content clauses are entirely separate to user data deployed in its cloud, and are more aimed at one's use of the Vultr website, emphasizing the last line of the relevant fine print: "... for purposes of providing the services to you." He also pointed out that the wording has been that way for some time, and added the prompt asking users to agree to an updated ToS was actually spurred by unrelated Microsoft licensing changes. In light of the controversy, Vultr vowed to remove the above section to "simplify and further clarify" its ToS, and has indeed done so. In a separate statement, the biz told The Register the removal will be followed by a full review and update to its terms of service.
"It's clearly causing confusion for some portion of users. We recognize that the average user doesn't have a law degree," Kardwell added. "We're very focused on being responsive to the community and the concerns people have and we believe the strongest thing we can do to demonstrate that there is no bad intent here is to remove it."
Government

Biden Orders Every US Agency To Appoint a Chief AI Officer 48

An anonymous reader quotes a report from Ars Technica: The White House has announced the "first government-wide policy (PDF) to mitigate risks of artificial intelligence (AI) and harness its benefits." To coordinate these efforts, every federal agency must appoint a chief AI officer with "significant expertise in AI." Some agencies have already appointed chief AI officers, but any agency that has not must appoint a senior official over the next 60 days. If an official already appointed as a chief AI officer does not have the necessary authority to coordinate AI use in the agency, they must be granted additional authority or else a new chief AI officer must be named.

Ideal candidates, the White House recommended, might include chief information officers, chief data officers, or chief technology officers, the Office of Management and Budget (OMB) policy said. As chief AI officers, appointees will serve as senior advisers on AI initiatives, monitoring and inventorying all agency uses of AI. They must conduct risk assessments to consider whether any AI uses are impacting "safety, security, civil rights, civil liberties, privacy, democratic values, human rights, equal opportunities, worker well-being, access to critical resources and services, agency trust and credibility, and market competition," OMB said. Perhaps most urgently, by December 1, the officers must correct all non-compliant AI uses in government, unless an extension of up to one year is granted.

The chief AI officers will seemingly enjoy a lot of power and oversight over how the government uses AI. It's up to the chief AI officers to develop a plan to comply with minimum safety standards and to work with chief financial and human resource officers to develop the necessary budgets and workforces to use AI to further each agency's mission and ensure "equitable outcomes," OMB said. [...] Among the chief AI officer's primary responsibilities is determining what AI uses might impact the safety or rights of US citizens. They'll do this by assessing AI impacts, conducting real-world tests, independently evaluating AI, regularly evaluating risks, properly training staff, providing additional human oversight where necessary, and giving public notice of any AI use that could have a "significant impact on rights or safety," OMB said. Chief AI officers will ultimately decide if any AI use is safety- or rights-impacting and must adhere to OMB's minimum standards for responsible AI use. Once a determination is made, the officers will "centrally track" the determinations, informing OMB of any major changes to "conditions or context in which the AI is used." The officers will also regularly convene "a new Chief AI Officer Council to coordinate" efforts and share innovations government-wide.
Chief AI officers must consult with the public and maintain options to opt-out of "AI-enabled decisions," OMB said. "However, these chief AI officers also have the power to waive opt-out options "if they can demonstrate that a human alternative would result in a service that is less fair (e.g., produces a disparate impact on protected classes) or if an opt-out would impose undue hardship on the agency."
Crime

Sam Bankman-Fried Sentenced To 25 Years in Prison (washingtonpost.com) 143

Crypto entrepreneur Sam Bankman-Fried was sentenced Thursday to 25 years [non-paywalled link] in prison for a massive fraud that unraveled with the collapse of FTX, once one of the world's most popular platforms for exchanging digital currency. From a report: Bankman-Fried, 32, was convicted in November of fraud and conspiracy -- a dramatic fall from a crest of success. U.S. District Judge Lewis A. Kaplan imposed the sentence in the same Manhattan courtroom where, four months ago, Bankman-Fried testified that his intention had been to revolutionize the emerging cryptocurrency market with his innovative and altruistic ideas, not to steal.

Kaplan said the sentence reflected "that there is a risk that this man will be in position to do something very bad in the future. And it's not a trivial risk at all." He added that it was "for the purpose of disabling him to the extent that can appropriately be done for a significant period of time." Prior to sentencing, Bankman-Fried had said, "My useful life is probably over. It's been over for a while now, from before my arrest."

Crime

Nigerian Woman Faces Jail Time For Facebook Review of Tomato Sauce (techdirt.com) 72

An anonymous reader quotes a report from Techdirt: Nigeria doesn't exactly have a stellar reputation when it comes to respecting the speech rights of its own citizens, nor the rights of platforms that its citizens use. But I will admit that even with that reputation in place, I'm a bit at a loss as to why the country decided to arrest and charge a woman for violating those same laws because she wrote an unkind review of a can of tomato puree on Facebook: "A Nigerian woman who wrote an online review of a can of tomato puree is facing imprisonment after its manufacturer accused her of making a 'malicious allegation' that damaged its business. Chioma Okoli, a 39-year-old entrepreneur from Lagos, is being prosecuted and sued in civil court for allegedly breaching the country's cybercrime laws, in a case that has gripped the West African nation and sparked protests by locals who believe she is being persecuted for exercising her right to free speech."

By now you're wondering what actually happened here. Well, Okoli got on Facebook after having tried a can of Nagiko Tomato Mix, made by local Nigerian company Erisco Foods. Her initial post essentially complained about it being too sugary. So pretty standard fair for a review-type post on Facebook. When she started getting some mixed replies, some of them told her to stop trying to ruin the company and just buy something else, with one such message supposedly coming from a relative of the company's ownership. To that, she replied: "Okoli responded: 'Help me advise your brother to stop ki***ing people with his product, yesterday was my first time of using and it's pure sugar.'"

By the way, you can see all of this laid out by Erisco Foods itself on its own Facebook page. The company also claims that she exchanged messages with others talking about how she wanted to trash the product online so that nobody would buy it and that sort of thing. Whatever the truth about that situation is, this all stems from a poor review of a product posted online, which is the kind of speech countries with free speech laws typically protect. In Okoli's case, she was arrested shortly after those posts. [...] Okoli is pregnant and was placed in a cell during her arrest that had water leaking into it, by her account. She was also forced to apologize to Erisco Foods as part of her bond release, which she then publicly stated was done under duress and refused to apologize once out of holding. Okoli is also countersuing both Erisco Foods and the police, arguing for a violation of her speech rights.

Government

Oregon Governor Signs Nation's First Right-To-Repair Bill That Bans Parts Pairing (arstechnica.com) 139

An anonymous reader quotes a report from Ars Technica: Oregon Governor Tina Kotek today signed the state's Right to Repair Act, which will push manufacturers to provide more repair options for their products than any other state so far. The law, like those passed in New York, California, and Minnesota, will require many manufacturers to provide the same parts, tools, and documentation to individuals and repair shops that they provide to their own repair teams. But Oregon's bill goes further, preventing companies from implementing schemes that require parts to be verified through encrypted software checks before they will function. Known as parts pairing or serialization, Oregon's bill, SB 1596, is the first in the nation to target that practice. Oregon State Senator Janeen Sollman (D) and Representative Courtney Neron (D) sponsored and pushed the bill in the state senate and legislature.

Oregon's bill isn't stronger in every regard. For one, there is no set number of years for a manufacturer to support a device with repair support. Parts pairing is prohibited only on devices sold in 2025 and later. And there are carve-outs for certain kinds of electronics and devices, including video game consoles, medical devices, HVAC systems, motor vehicles, and -- as with other states -- "electric toothbrushes."
"By eliminating manufacturer restrictions, the Right to Repair will make it easier for Oregonians to keep their personal electronics running," said Charlie Fisher, director of Oregon's chapter of the Public Interest Research Group (PIRG), in a statement. "That will conserve precious natural resources and prevent waste. It's a refreshing alternative to a 'throwaway' system that treats everything as disposable."
Social Networks

TikTok Is Under Investigation By the FTC Over Data Practices (apnews.com) 11

TikTok is being investigated by the FTC over its data and security practices, "a probe that could lead to a settlement or a lawsuit against the company," reports the Associated Press. From the report: In its investigation, the FTC has been looking into whether TikTok violated a portion of federal law that prohibits "unfair and deceptive" business practices by denying that individuals in China had access to U.S. user data, said the person, who is not authorized to discuss the investigation. The agency also is scrutinizing the company over potential violations of the Children's Online Privacy Protection Act, which requires kid-oriented apps and websites to get parents' consent before collecting personal information of children under 13.

The agency is nearing the conclusion of its investigation and could settle with TikTok in the coming weeks. But there's not a deadline for an agreement, the person said. If the FTC moves forward with a lawsuit instead, it would have to refer the case to the Justice Department, which would have 45 days to decide whether it wants to file a case on the FTC's behalf, make changes or send it back to the agency to pursue on its own.

Piracy

'Operation 404' Results In First Prison Sentence For Pirate IPTV Operator (torrentfreak.com) 14

An anonymous reader quotes a report from TorrentFreak: Brazilian anti-piracy campaign 'Operation 404' has taken down many pirate sites and services over the past five years, but criminal prosecutions have been scarce. This week, anti-piracy group ALIANZA announced a "historic" victory: The operator of pirate IPTV service "Flash IPTV" was sentenced to more than five years in prison, marking the first criminal conviction of this kind in Brazil. [...] The operator of Flash IPTV, who is referred to by the initials A.W.A.P., was found guilty of criminal copyright infringement and sentenced to five years and four months in prison.

Flash IPTV was a relatively large IPTV service with 13,547 active users at its peak. According to local news reports, the service generated $912,000 in revenue over twelve months, before it was taken offline in 2020 as part of the second 'Operation 404' campaign. Speaking with TorrentFreak, ALIANZA says that this is a historic verdict, as it's the first criminal IPTV prosecution linked to 'Operation 404' in Brazil. "We appreciate the commitment of the police and judicial authorities in resolving this important case. The conviction of A.W.A.P. is a milestone that reinforces our commitment to defending the rights of creators and fighting against illegal practices that harm the creative economy," says Victor Roldan, ALIANZA's executive director.

While Operation 404 resulted in many arrests over the years, follow-up prosecutions have been rare in Brazil. Previously, ALIANZA did score a similar victory in Ecuador, where the operator of the pirate IPTV service IPTVlisto.com was sentenced to a year in prison. Last fall, Brazilian authorities conducted the sixth wave of Operation 404 and more are expected to follow in the future. These enforcement initiatives are broadly praised by rightsholders and the recent conviction will only strengthen their support.

United Kingdom

UK Court Denies Bid To Extradite Assange To the US (mercurynews.com) 151

A British court has ruled that Julian Assange can't be extradited to the United States on espionage charges unless U.S. authorities guarantee he won't get the death penalty, giving the WikiLeaks founder a partial victory in his long legal battle over the site's publication of classified American documents. From a report: Two High Court judges said they would grant Assange a new appeal unless U.S. authorities give further assurances within three weeks about what will happen to him. The ruling means the legal saga, which has dragged on for more than a decade, will continue -- and Assange will remain inside London's high-security Belmarsh Prison, where he has spent the last five years. Judges Victoria Sharp and Jeremy Johnson said the U.S. must guarantee that Assange, who is Australian, "is afforded the same First Amendment protections as a United States citizen, and that the death penalty is not imposed."
The Courts

Florida Braces For Lawsuits Over Law Banning Kids From Social Media (arstechnica.com) 168

An anonymous reader quotes a report from Ars Technica: On Monday, Florida became the first state to ban kids under 14 from social media without parental permission. It appears likely that the law -- considered one of the most restrictive in the US -- will face significant legal challenges, however, before taking effect on January 1. Under HB 3, apps like Instagram, Snapchat, or TikTok would need to verify the ages of users, then delete any accounts for users under 14 when parental consent is not granted. Companies that "knowingly or recklessly" fail to block underage users risk fines of up to $10,000 in damages to anyone suing on behalf of child users. They could also be liable for up to $50,000 per violation in civil penalties. [...]

DeSantis' statement noted that "in addition to protecting children from the dangers of social media, HB 3 requires pornographic or sexually explicit websites to use age verification to prevent minors from accessing sites that are inappropriate for children." This suggests that Florida could face a legal challenge from adult sites like Pornhub, which have been suing to block states from requiring an ID to access adult content. Most recently, Pornhub blocked access to its platform in Texas, arguing that such laws "impinge on the rights of adults to access protected speech" and fail "strict scrutiny by employing the least effective and yet also most restrictive means of accomplishing Texas's stated purpose of allegedly protecting minors."

According to the Guardian, [Florida House Speaker Paul Renner, who spearheaded the law] expected that social media companies would "sue the second after" HB 3 was signed. So far, no legal challenges have been raised, but Renner seemingly expects that the law's focus on "addictive features such as notification alerts and autoplay videos, rather than on their content" would ensure that the law defeats any constitutional concerns potentially raised by social media companies. "We're going to beat them, and we're never, ever going to stop," Renner vowed.

Your Rights Online

Facebook Accused of Using Your Phone To Wiretap Snapchat (gizmodo.com) 58

Court filings unsealed last week allege Meta created an internal effort to spy on Snapchat in a secret initiative called "Project Ghostbusters." Gizmodo: Meta did so through Onavo, a Virtual Private Network (VPN) service the company offered between 2016 and 2019 that, ultimately, wasn't private at all. "Whenever someone asks a question about Snapchat, the answer is usually that because their traffic is encrypted we have no analytics about them," said Mark Zuckerberg in an email to three Facebook executives in 2016, unsealed in Meta's antitrust case on Saturday. "It seems important to figure out a new way to get reliable analytics about them... You should figure out how to do this."

Thus, Project Ghostbusters was born. It's Meta's in-house wiretapping tool to spy on data analytics from Snapchat starting in 2016, later used on YouTube and Amazon. This involved creating "kits" that can be installed on iOS and Android devices, to intercept traffic for certain apps, according to the filings. This was described as a "man-in-the-middle" approach to get data on Facebook's rivals, but users of Onavo were the "men in the middle."

Meta's Onavo unit has a history of using invasive techniques to collect data on Facebook's users. Meta acquired Onavo from an Israeli firm over 10 years ago, promising users private networking, as most VPNs do. However, the service was reportedly used to spy on rival social media apps through tens of millions of people who downloaded Onavo. It gave Facebook valuable intel about competitors, and this week's court filings seem to confirm that. A team of senior executives and roughly 41 lawyers worked on Project Ghostbusters, according to court filings. The group was heavily concerned with whether to continue the program in the face of press scrutiny. Facebook ultimately shut down Onavo in 2019 after Apple booted the VPN from its app store.

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