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Microsoft

US Government Says Recent Microsoft Breach Exposed Federal Agencies to Hacking (msn.com) 15

From the Washington Post: The U.S. government said Thursday that Russian government hackers who recently stole Microsoft corporate emails had obtained passwords and other secret material that might allow them to breach multiple U.S. agencies.

The Cybersecurity and Infrastructure Security Agency, an arm of the Department of Homeland Security, on Tuesday issued a rare binding directive to an undisclosed number of agencies requiring them to change any log-ins that were taken and investigate what else might be at risk. The directive was made public Thursday, after recipients had begun shoring up their defenses. The "successful compromise of Microsoft corporate email accounts and the exfiltration of correspondence between agencies and Microsoft presents a grave and unacceptable risk to agencies," CISA wrote. "This Emergency Directive requires agencies to analyze the content of exfiltrated emails, reset compromised credentials, and take additional steps to ensure authentication tools for privileged Microsoft Azure accounts are secure."

"CISA officials told reporters it is so far unclear whether the hackers, associated with Russian military intelligence agency SVR, had obtained anything from the exposed agencies," according to the article. And the article adds that CISA "did not spell out the extent of any risks to national interests."

But the agency's executive assistant director for cybersecurity did tell the newspaper that "the potential for exposure of federal authentication credentials...does pose an exigent risk to the federal enterprise, hence the need for this directive and the actions therein." Microsoft's Windows operating system, Outlook email and other software are used throughout the U.S. government, giving the Redmond, Washington-based company enormous responsibility for the cybersecurity of federal employees and their work. But the longtime relationship is showing increasing signs of strain.... [T]he breach is one of a few severe intrusions at the company that have exposed many others elsewhere to potential hacking. Another of those incidents — in which Chinese government hackers cracked security in Microsoft's cloud software offerings to steal email from State Department and Commerce Department officials — triggered a major federal review that last week called on the company to overhaul its culture, which the Cyber Safety Review Board cited as allowing a "cascade of avoidable errors."
Transportation

Should the US Ban Chinese EVs? (arstechnica.com) 282

An anonymous reader quotes a report from Ars Technica: Influential US Senator Sherrod Brown (D-Ohio) has called on U.S. President Joe Biden to ban electric vehicles from Chinese brands. Brown calls Chinese EVs "an existential threat" to the U.S. automotive industry and says that allowing imports of cheap EVs from Chinese brands "is inconsistent with a pro-worker industrial policy." Brown's letter to the president (PDF) is the most recent to sound alarms about the threat of heavily subsidized Chinese EVs moving into established markets. Brands like BYD and MG have been on sale in the European Union for some years now, and last October, the EU launched an anti-subsidy investigation into whether the Chinese government is giving Chinese brands an unfair advantage.

The EU probe won't wrap until November, but another report published this week found that government subsidies for green technology companies are prevalent in China. BYD, which now sells more EVs than Tesla, has benefited from almost $4 billion (3.7 billion euro) in direct help from the Chinese government in 2022, according to a study by the Kiel Institute. Last month, the EU even started paying extra attention to imports of Chinese EVs, issuing a threat of retroactive tariffs that could start being imposed this summer. Chinese EV imports to the EU have increased by 14 percent since the start of its investigation, but they have yet to really begin in the U.S., where there are a few barriers in their way. Chinese batteries make an EV ineligible for the IRS's clean vehicle tax credit, for one thing. And Chinese-made vehicles (like the Lincoln Nautilus, Buick Envision, and Polestar 2) are already subject to a 27.5 percent import tax.

But Chinese EVs are on sale in Mexico already, and that has American automakers worried. Last year, Ford CEO Jim Farley said he saw Chinese automakers "as the main competitors, not GM or Toyota." And in January, Tesla CEO Elon Musk said he believed that "if there are no trade barriers established, they will pretty much demolish most other car companies in the world." [...] It's not just the potential damage to the U.S. auto industry that has prompted this letter. Brown wrote that he is concerned about the risk of China having access to data collected by connected cars, "whether it be information about traffic patterns, critical infrastructure, or the lives of Americans," pointing out that "China does not allow American-made electric vehicles near their official buildings." At the end of February, the Commerce Department also warned of the security risk from Chinese-connected cars and revealed it has launched an investigation into the matter.
"When the goal is to dominate a sector, tariffs are insufficient to stop their attack on American manufacturing," Brown wrote. "Instead, the Administration should act now to ban Chinese EVs before they destroy the potential for the U.S. EV market. For this reason, no solution should be left off the table, including the use of Section 421 (China Safeguard) of the Trade Act of 1974, or some other authority."
United States

House Votes To Extend -- and Expand -- a Major US Spy Program (wired.com) 85

An anonymous reader quotes a report from Wired: A controversial US wiretap program days from expiration cleared a major hurdle on its way to being reauthorized. After months of delays, false starts, and interventions by lawmakers working to preserve and expand the US intelligence community's spy powers, the House of Representatives voted on Friday to extend Section 702 (PDF) of the Foreign Intelligence Surveillance Act (FISA) for two years. Legislation extending the program -- controversial for being abused by the government -- passed in the House in a 273-147 vote. The Senate has yet to pass its own bill.

Section 702 permits the US government to wiretap communications between Americans and foreigners overseas. Hundreds of millions of calls, texts, and emails are intercepted by government spies each with the "compelled assistance" of US communications providers. The government may strictly target foreigners believed to possess "foreign intelligence information," but it also eavesdrops on the conversations of an untold number of Americans each year. (The government claims it is impossible to determine how many Americans get swept up by the program.) The government argues that Americans are not themselves being targeted and thus the wiretaps are legal. Nevertheless, their calls, texts, and emails may be stored by the government for years, and can later be accessed by law enforcement without a judge's permission. The House bill also dramatically expands the statutory definition for communication service providers, something FISA experts, including Marc Zwillinger -- one of the few people to advise the Foreign Intelligence Surveillance Court (FISC) -- have publicly warned against.

The FBI's track record of abusing the program kicked off a rare detente last fall between progressive Democrats and pro-Trump Republicans -- both bothered equally by the FBI's targeting of activists, journalists, anda sitting member of Congress. But in a major victory for the Biden administration, House members voted down an amendment earlier in the day that would've imposed new warrant requirements on federal agencies accessing Americans' 702 data. The warrant amendment was passed earlier this year by the House Judiciary Committee, whose long-held jurisdiction over FISA has been challenged by friends of the intelligence community. Analysis by the Brennan Center this week found that 80 percent of the base text of the FISA reauthorization bill had been authored by intelligence committee members.

Privacy

96% of US Hospital Websites Share Visitor Info With Meta, Google, Data Brokers (theregister.com) 21

An anonymous reader quotes a report from The Guardian: Hospitals -- despite being places where people implicitly expect to have their personal details kept private -- frequently use tracking technologies on their websites to share user information with Google, Meta, data brokers, and other third parties, according to research published today. Academics at the University of Pennsylvania analyzed a nationally representative sample of 100 non-federal acute care hospitals -- essentially traditional hospitals with emergency departments -- and their findings were that 96 percent of their websites transmitted user data to third parties. Additionally, not all of these websites even had a privacy policy. And of the 71 percent that did, 56 percent disclosed specific third-party companies that could receive user information.

The researchers' latest work builds on a study they published a year ago of 3,747 US non-federal hospital websites. That found 98.6 percent tracked and transferred visitors' data to large tech and social media companies, advertising firms, and data brokers. To find the trackers on websites, the team checked out each hospitals' homepage on January 26 using webXray, an open source tool that detects third-party HTTP requests and matches them to the organizations receiving the data. They also recorded the number of third-party cookies per page. One name in particular stood out, in terms of who was receiving website visitors' information. "In every study we've done, in any part of the health system, Google, whose parent company is Alphabet, is on nearly every page, including hospitals," [Dr Ari Friedman, an assistant professor of emergency medicine at the University of Pennsylvania] observed. "From there, it declines," he continued. "Meta was on a little over half of hospital webpages, and the Meta Pixel is notable because it seems to be one of the grabbier entities out there in terms of tracking."

Both Meta and Google's tracking technologies have been the subject of criminal complaints and lawsuits over the years -- as have some healthcare companies that shared data with these and other advertisers. In addition, between 20 and 30 percent of the hospitals share data with Adobe, Friedman noted. "Everybody knows Adobe for PDFs. My understanding is they also have a tracking division within their ad division." Others include telecom and digital marketing companies like The Trade Desk and Verizon, plus tech giants Oracle, Microsoft, and Amazon, according to Friedman. Then there's also analytics firms including Hotjar and data brokers such as Acxiom. "And two thirds of hospital websites had some kind of data transfer to a third-party domain that we couldn't even identify," he added. Of the 71 hospital website privacy policies that the team found, 69 addressed the types of user information that was collected. The most common were IP addresses (80 percent), web browser name and version (75 percent), pages visited on the website (73 percent), and the website from which the user arrived (73 percent). Only 56 percent of these policies identified the third-party companies receiving user information.
In lieu of any federal data privacy law in the U.S., Friedman recommends users protect their personal information via the browser-based tools Ghostery and Privacy Badger, which identify and block transfers to third-party domains.
Privacy

Your Anonymous OpenTable Reviews Will Soon Display Your First Name (engadget.com) 34

OpenTable's restaurant pages still feature a lot of reviews left by anonymous diners at the moment, but that will not be the case starting next month. From a report: The online restaurant reservation service is changing its policy around reviews so that they're not as anonymous -- and it's even applying the new rule retroactively. As BleepingComputer reports, it told users in an email that starting on May 22, it "will begin displaying diner first names and profile photos on all diner reviews." Further, "this update will also apply to past reviews."

"We've heard from you, our diners, that trust and transparency are important when looking at reviews," the company also said in its letter, insinuating that it's changing the way reviews work based on user feedback. As BleepingComputer says, it'll be easy to match a bad review with customer reservation records based on the user's first name and when the post was made. While that's not nearly as bad as Glassdoor publishing people's names alongside their employer reviews without consent, it could still be very uncomfortable for people who wanted to talk about bad experiences without the fear of not being welcomed back into a particular establishment.

HP

We Never Agreed To Only Buy HP Ink, Say Printer Owners (theregister.com) 116

HP "sought to take advantage of customers' sunk costs," printer owners claimed this week in a class action lawsuit against the hardware giant. The Register: Lawyers representing the aggrieved were responding in an Illinois court to an earlier HP motion to dismiss a January lawsuit. Among other things, the plaintiffs' filing stated that the printer buyers "never entered into any contractual agreement to buy only HP-branded ink prior to receiving the firmware updates." They allege HP broke several anti-competitive statutes, which they claim: "bar tying schemes, and certain uses of software to accomplish that without permission, that would monopolize an aftermarket for replacement ink cartridges, when these results are achieved in a way that 'take[s] advantage of customers' sunk costs.'"

In the case, which began in January, the plaintiffs are arguing that HP issued a firmware update between late 2022 and early 2023 that they allege disabled their printers if they installed a replacement cartridge that was not HP-branded. They are asking for damages that include the cost of now-useless third-party cartridges and an injunction to disable the part of the firmware updates that prevent the use of third-party ink.

Google

Google Is Killing Its VPN Service (engadget.com) 30

An anonymous reader shares a report: If you're -- apparently, one of the few people -- using the VPN service that comes with Google One, we've got bad news for you. In an email you're going to receive from Google if you haven't gotten it yet, it revealed that it's phasing out the perk sometime later this year. The company rolled out Google One's VPN feature back in 2020, but you could only access it then if you're paying for a plan with at least 2TB of storage, which costs at least $10 a month. Last year, the company expanded its availability across all One plans, including the basic $2-per-month option, making it more affordable than before.
The Courts

Amazon Owes $525 Million In Cloud-Storage Patent Fight, US Jury Says (reuters.com) 38

A federal jury in Illinois on Wednesday said Amazon Web Services owes tech company Kove $525 million for violating three patents relating to its data-storage technology. From the report: The jury determined (PDF) that AWS infringed three Kove patents covering technology that Kove said had become "essential" to the ability of Amazon's cloud-computing arm to "store and retrieve massive amounts of data." An Amazon spokesperson said the company disagrees with the verdict and intends to appeal. Kove's lead attorney Courtland Reichman called the verdict "a testament to the power of innovation and the importance of protecting IP (intellectual property) rights for start-up companies against tech giants." Kove also sued Google last year for infringing the same three patents in a separate Illinois lawsuit that is still ongoing.
Security

Hackable Intel and Lenovo Hardware That Went Undetected For 5 Years Won't Ever Be Fixed (arstechnica.com) 62

An anonymous reader quotes a report from Ars Technica: Hardware sold for years by the likes of Intel and Lenovo contains a remotely exploitable vulnerability that will never be fixed. The cause: a supply chain snafu involving an open source software package and hardware from multiple manufacturers that directly or indirectly incorporated it into their products. Researchers from security firm Binarly have confirmed that the lapse has resulted in Intel, Lenovo, and Supermicro shipping server hardware that contains a vulnerability that can be exploited to reveal security-critical information. The researchers, however, went on to warn that any hardware that incorporates certain generations of baseboard management controllers made by Duluth, Georgia-based AMI or Taiwan-based AETN are also affected.

BMCs are tiny computers soldered into the motherboard of servers that allow cloud centers, and sometimes their customers, to streamline the remote management of vast fleets of servers. They enable administrators to remotely reinstall OSes, install and uninstall apps, and control just about every other aspect of the system -- even when it's turned off. BMCs provide what's known in the industry as "lights-out" system management. AMI and AETN are two of several makers of BMCs. For years, BMCs from multiple manufacturers have incorporated vulnerable versions of open source software known as lighttpd. Lighttpd is a fast, lightweight web server that's compatible with various hardware and software platforms. It's used in all kinds of wares, including in embedded devices like BMCs, to allow remote administrators to control servers remotely with HTTP requests. [...] "All these years, [the lighttpd vulnerability] was present inside the firmware and nobody cared to update one of the third-party components used to build this firmware image," Binarly researchers wrote Thursday. "This is another perfect example of inconsistencies in the firmware supply chain. A very outdated third-party component present in the latest version of firmware, creating additional risk for end users. Are there more systems that use the vulnerable version of lighttpd across the industry?"

The vulnerability makes it possible for hackers to identify memory addresses responsible for handling key functions. Operating systems take pains to randomize and conceal these locations so they can't be used in software exploits. By chaining an exploit for the lighttpd vulnerability with a separate vulnerability, hackers could defeat this standard protection, which is known as address space layout randomization. The chaining of two or more exploits has become a common feature of hacking attacks these days as software makers continue to add anti-exploitation protections to their code. Tracking the supply chain for multiple BMCs used in multiple server hardware is difficult. So far, Binarly has identified AMI's MegaRAC BMC as one of the vulnerable BMCs. The security firm has confirmed that the AMI BMC is contained in the Intel Server System M70KLP hardware. Information about BMCs from ATEN or hardware from Lenovo and Supermicro aren't available at the moment. The vulnerability is present in any hardware that uses lighttpd versions 1.4.35, 1.4.45, and 1.4.51.
"A potential attacker can exploit this vulnerability in order to read memory of Lighttpd Web Server process," Binarly researchers wrote in an advisory. "This may lead to sensitive data exfiltration, such as memory addresses, which can be used to bypass security mechanisms such as ASLR." Advisories are available here, here, and here.
AI

US Lawmaker Proposes a Public Database of All AI Training Material 30

An anonymous reader quotes a report from Ars Technica: Amid a flurry of lawsuits over AI models' training data, US Representative Adam Schiff (D-Calif.) has introduced (PDF) a bill that would require AI companies to disclose exactly which copyrighted works are included in datasets training AI systems. The Generative AI Disclosure Act "would require a notice to be submitted to the Register of Copyrights prior to the release of a new generative AI system with regard to all copyrighted works used in building or altering the training dataset for that system," Schiff said in a press release.

The bill is retroactive and would apply to all AI systems available today, as well as to all AI systems to come. It would take effect 180 days after it's enacted, requiring anyone who creates or alters a training set not only to list works referenced by the dataset, but also to provide a URL to the dataset within 30 days before the AI system is released to the public. That URL would presumably give creators a way to double-check if their materials have been used and seek any credit or compensation available before the AI tools are in use. All notices would be kept in a publicly available online database.

Currently, creators who don't have access to training datasets rely on AI models' outputs to figure out if their copyrighted works may have been included in training various AI systems. The New York Times, for example, prompted ChatGPT to spit out excerpts of its articles, relying on a tactic to identify training data by asking ChatGPT to produce lines from specific articles, which OpenAI has curiously described as "hacking." Under Schiff's law, The New York Times would need to consult the database to ID all articles used to train ChatGPT or any other AI system. Any AI maker who violates the act would risk a "civil penalty in an amount not less than $5,000," the proposed bill said.
Schiff described the act as championing "innovation while safeguarding the rights and contributions of creators, ensuring they are aware when their work contributes to AI training datasets."

"This is about respecting creativity in the age of AI and marrying technological progress with fairness," Schiff said.
Apple

Apple Will Open the iPhone To Repair With Used Parts (theverge.com) 23

Apple is finally making it easier for users to repair their iPhones with used parts. From a report: In an update on Thursday, the company announced that this fall, owners of "select" iPhone models will be able to repair their devices with used, genuine parts while retaining full functionality. When repairing a phone, Apple requires iPhone users to go through a process called parts pairing, which makes them match the serial number of their device to that of a new part sold by Apple. If a user replaced a part with an aftermarket or used component, the iPhone would display pesky notifications saying that Apple isn't able to verify the newly installed piece. In the case of Face ID and Touch ID sensors, the part might not work at all. This change should do away with these notifications for used parts, as Apple says "calibration for genuine Apple parts, new or used, will happen on device after the part is installed." It also means users and repair shops will no longer have to provide the serial number of the device they're fixing when ordering most parts from the Self Service Repair Store.
Privacy

DuckDuckGo Launches Privacy Pro: A 3-in-1 Service That Includes a VPN (betanews.com) 33

DuckDuckGo, the privacy-focused web search and browser company, announced on today the launch of its first subscription service, Privacy Pro. The service, priced at $9.99 per month or $99.99 per year, includes a browser-based tool that automatically scans data broker websites for users' personal information and requests its removal. The service also includes DuckDuckGo's first VPN and an identity-theft-restoration service. Available initially only in the U.S.
United Kingdom

UK Considers Banning Smartphone Sales To Children Under 16 (theguardian.com) 108

An anonymous reader quotes a report from The Guardian: Ministers are considering banning the sale of smartphones to children under the age of 16 after a number of polls have shown significant public support for such a curb. The government issued guidance on the use of mobile phones in English schools two months ago, but other curbs are said to have been considered to better protect children after a number of campaigns. [...] A March survey by Parentkind, of 2,496 parents of school-age children in England, found 58% of parents believe the government should ban smartphones for under-16s. It also found more than four in five parents said they felt smartphones were "harmful" to children and young people.

Another survey by More in Common revealed 64% of people thought that a ban on selling smartphones to under-16s would be a good idea, compared with 20% who said it was a bad idea. The curb was even popular among 2019 Tory voters, according to the thinktank, which found 72% backed a ban, as did 61% of Labour voters. But the thought of another ban has left some Conservatives uneasy. One Tory government source described the idea as "out of touch," noting: "It's not the government's role to step in and microparent; we're meant to make parents more aware of the powers they have like restrictions on websites, apps and even the use of parental control apps." They said only in extreme cases could the government "parent better than actual parents and guardians."

Security

Microsoft Employees Exposed Internal Passwords In Security Lapse (techcrunch.com) 24

Zack Whittaker and Carly Page report via TechCrunch: Microsoft has resolved a security lapse that exposed internal company files and credentials to the open internet. Security researchers Can Yoleri, Murat Ozfidan and Egemen Kochisarli with SOCRadar, a cybersecurity company that helps organizations find security weaknesses, discovered an open and public storage server hosted on Microsoft's Azure cloud service that was storing internal information relating to Microsoft's Bing search engine. The Azure storage server housed code, scripts and configuration files containing passwords, keys and credentials used by the Microsoft employees for accessing other internal databases and systems. But the storage server itself was not protected with a password and could be accessed by anyone on the internet.

Yoleri told TechCrunch that the exposed data could potentially help malicious actors identify or access other places where Microsoft stores its internal files. Identifying those storage locations "could result in more significant data leaks and possibly compromise the services in use," Yoleri said. The researchers notified Microsoft of the security lapse on February 6, and Microsoft secured the spilling files on March 5. It's not known for how long the cloud server was exposed to the internet, or if anyone other than SOCRadar discovered the exposed data inside.

The Courts

Biden Considering Request To Drop Assange Charges (bbc.com) 146

President Joe Biden said he is "considering" a request from Australia to drop the prosecution of WikiLeaks founder Julian Assange. The BBC reports: The country's parliament recently passed a measure -- backed by PM Anthony Albanese -- calling for the return of Mr Assange to his native Australia. The US wants to extradite the 52-year-old from the UK on criminal charges over the leaking of military records. Mr Assange denies the charges, saying the leaks were an act of journalism. The president was asked about Australia's request on Wednesday and said: "We're considering it."

Mr Assange, 52, is fighting extradition in the UK courts. The extradition was put on hold in March after London's High Court said the United States must provide assurances he would not face the death penalty. The High Court is due to evaluate any responses from the US authorities at the end of May.
The measure passed the Australian parliament in February. Mr Albanese told MPs: "People will have a range of views about Mr Assange's conduct... But regardless of where people stand, this thing cannot just go on and on and on indefinitely."
Piracy

MPA Has Big Plans To Crack Down on Movie Piracy Again (theverge.com) 88

The Motion Picture Association is going off on piracy again. During CinemaCon in Las Vegas, MPA CEO Charles Rivkin announced that the organization plans on working with Congress to pass rules blocking websites with pirated content. The Verge: The MPA is a trade association representing Hollywood studios, including Paramount, Sony, Universal, and Disney (it's also behind the ratings board that gives you an R if you say curse words too often). It has long lobbied for anti-piracy laws, but it seems the battle is heating up again. In his speech on Tuesday, Rivkin highlights what a major problem piracy in the US has become, saying it costs "hundreds of thousands of jobs" and "more than one billion in theatrical ticket sales."

It's true: piracy has gone up in recent years. A report from piracy data analytics company Muso revealed that video piracy websites around the globe received 141 billion visits in 2023, making for a 12 percent increase when compared to 2019. The US and India made up most of these visits. But at the same time, the price to subscribe to a streaming service is higher than ever, and so is the cost of a movie ticket. The solution to stopping piracy, at least in Rivkin's eyes, is to prevent users from accessing piracy websites altogether.

Privacy

Proton Acquires Standard Notes (zdnet.com) 10

Privacy startup Proton already offers an email app, a VPN tool, cloud storage, a password manager, and a calendar app. In April 2022, Proton acquired SimpleLogin, an open-source product that generates email aliases to protect inboxes from spam and phishing. Today, Proton acquired Standard Notes, advancing its already strong commitment to the open-source community. From a report: Standard Notes is an open-source note-taking app, available on both mobile and desktop platforms, with a user base of over 300,000. [...] Proton founder and CEO Andy Yen makes a point of stating that Standard Notes will remain open-source, will continue to undergo independent audits, will continue to develop new features and updates, and that prices for the app/service will not change. Standard Notes has three tiers: Free, which includes 100MB of storage, offline access, and unlimited device sync; Productivity for $90 per year, which includes features like markdown, spreadsheets with advanced formulas, Daily Notebooks, and two-factor authentication; and Professional for $120 per year, which includes 100GB of cloud storage, sharing for up to five accounts, no file limit size, and more.
The Courts

Cox Plans To Take Piracy Liability Battle To the Supreme Court (torrentfreak.com) 70

An anonymous reader quotes a report from TorrentFreak: Cox Communications doesn't believe that ISPs should be held liable for the activities of their pirating subscribers. After a disappointing verdict from a Virginia jury and an unsatisfactory outcome at the Court of Appeals, the internet provider now intends to escalate the matter to the Supreme Court. If the present verdict stands, innocent people risk losing their Internet access, the ISP notes. [...] That's notable, as it would be the first time that a "repeat infringer" case ends up at the highest court United States. Cox asked the court of appeals to also stay its mandate pending its Supreme Court application, as this could steer the legal battle in yet another direction.

According to Cox, the Supreme Court has substantial reasons to take on the case. For one, there are currently conflicting court of appeals rulings on the "material contribution" aspect of copyright infringement. The Supreme Court could give more clarity on when a service, with a myriad of lawful uses, can be held liable for infringers. In addition, Cox also cites the recent 'Twitter vs. Taamneh' Supreme Court ruling, which held that social media platforms aren't liable for terrorists who use their network. While that's not a copyright case, it's relevant for the secondary liability question, the ISP argues. "Though Twitter was not a copyright case, it confronted a directly analogous theory of secondary liability: that social-media platforms, including Twitter and YouTube, could be liable for continuing to provide services to those they knew were using them for illegal purposes," Cox writes.

Finally, Cox notes that the Supreme Court should hear the case because it deals with an issue that's 'exceptionally important' to ISPs as well as the public. If the present verdict stands, Internet providers may be much more likely to terminate Internet access, even if the subscriber is innocent. "This Court's material-contribution standard provides powerful incentives for ISPs of all stripes to swiftly terminate internet services that have been used to infringe -- no matter the universe of lawful uses to which those services are put, or the consequences to innocent, non-infringing people who also use those services. "That is why a chorus of amici urged this Court not to adopt this standard at the panel and en banc stages, and will likely urge the Supreme Court to grant review as well," Cox adds, referring to the support it received from third-parties previously.
"Cox hasn't filed a writ of certiorari yet and still has time, as it's due June 17, 2024," notes TorrentFreak. "The intention to go to the Supreme Court would be another reason to halt the new damages trial, according to Cox, but the court of appeals rejected the request."

"This means that the new damages trial can start, even if the case is still pending at the Supreme Court. However, it's clear that this legal battle is far from over yet."
United States

A Breakthrough Online Privacy Proposal Hits Congress (wired.com) 27

An anonymous reader quotes a report from Wired: Congress may be closer than ever to passing a comprehensive data privacy framework after key House and Senate committee leaders released a new proposal on Sunday. The bipartisan proposal, titled the American Privacy Rights Act, or APRA, would limit the types of consumer data that companies can collect, retain, and use, allowing solely what they'd need to operate their services. Users would also be allowed to opt out of targeted advertising, and have the ability to view, correct, delete, and download their data from online services. The proposal would also create a national registry of data brokers, and force those companies to allow users to opt out of having their data sold. [...] In an interview with The Spokesman Review on Sunday, [Cathy McMorris Rodgers, House Energy and Commerce Committee chair] claimed that the draft's language is stronger than any active laws, seemingly as an attempt to assuage the concerns of Democrats who have long fought attempts to preempt preexisting state-level protections. APRA does allow states to pass their own privacy laws related to civil rights and consumer protections, among other exceptions.

In the previous session of Congress, the leaders of the House Energy and Commerce Committees brokered a deal with Roger Wicker, the top Republican on the Senate Commerce Committee, on a bill that would preempt state laws with the exception of the California Consumer Privacy Act and the Biometric Information Privacy Act of Illinois. That measure, titled the American Data Privacy and Protection Act, also created a weaker private right of action than most Democrats were willing to support. Maria Cantwell, Senate Commerce Committee chair, refused to support the measure, instead circulating her own draft legislation. The ADPPA hasn't been reintroduced, but APRA was designed as a compromise. "I think we have threaded a very important needle here," Cantwell told The Spokesman Review. "We are preserving those standards that California and Illinois and Washington have."

APRA includes language from California's landmark privacy law allowing people to sue companies when they are harmed by a data breach. It also provides the Federal Trade Commission, state attorneys general, and private citizens the authority to sue companies when they violate the law. The categories of data that would be impacted by APRA include certain categories of "information that identifies or is linked or reasonably linkable to an individual or device," according to a Senate Commerce Committee summary of the legislation. Small businesses -- those with $40 million or less in annual revenue and limited data collection -- would be exempt under APRA, with enforcement focused on businesses with $250 million or more in yearly revenue. Governments and "entities working on behalf of governments" are excluded under the bill, as are the National Center for Missing and Exploited Children and, apart from certain cybersecurity provisions, "fraud-fighting" nonprofits. Frank Pallone, the top Democrat on the House Energy and Commerce Committee, called the draft "very strong" in a Sunday statement, but said he wanted to "strengthen" it with tighter child safety provisions.

Businesses

Insurers Are Spying on Your Home From the Sky (wsj.com) 104

Across the U.S., insurance companies are using aerial images of homes as a tool to ditch properties seen as higher risk [non-paywalled link]. From a report: Nearly every building in the country is being photographed, often without the owner's knowledge. Companies are deploying drones, manned airplanes and high-altitude balloons to take images of properties. No place is shielded: The industry-funded Geospatial Insurance Consortium has an airplane imagery program it says covers 99% of the U.S. population. The array of photos is being sorted by computer models to spy out underwriting no-nos, such as damaged roof shingles, yard debris, overhanging tree branches and undeclared swimming pools or trampolines. The red-flagged images are providing insurers with ammunition for nonrenewal notices nationwide.

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