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The Courts

SCOTUS: GPS Trackers Are a Form of Search and Seizure 91

Posted by Soulskill
from the may-the-fourth-amendment-be-with-you dept.
schwit1 writes: If the government puts a GPS tracker on you, your car, or any of your personal effects, it counts as a search—and is therefore protected by the Fourth Amendment. The Supreme Court clarified and affirmed that law on Monday, when it ruled on Torrey Dale Grady v. North Carolina (PDF), before sending the case back to that state's high court. The Court's short but unanimous opinion helps make sense of how the Fourth Amendment, which protects against unreasonable search and seizure, interacts with the expanding technological powers of the U.S. government. "The only theory we discern [...] is that the State's system of nonconsensual satellite-based monitoring does not entail a search within the meaning of the Fourth Amendment. That theory is inconsistent with this Court's precedents."
Government

Apple's Tim Cook Calls Out "Religious Freedom" Laws As Discriminatory 1079

Posted by samzenpus
from the no-sir-I-don't-like-it dept.
An anonymous reader writes It will come as no surprise that Apple's CEO Tim Cook doesn't agree with so-called religious freedom laws. Cook says, "[they] rationalize injustice by pretending to defend something many of us hold dear," and has penned an op-ed piece for The Washington Post which reads in part: "A wave of legislation, introduced in more than two dozen states, would allow people to discriminate against their neighbors. Some, such as the bill enacted in Indiana last week that drew a national outcry and one passed in Arkansas, say individuals can cite their personal religious beliefs to refuse service to a customer or resist a state nondiscrimination law. Others are more transparent in their effort to discriminate. Legislation being considered in Texas would strip the salaries and pensions of clerks who issue marriage licenses to same-sex couples — even if the Supreme Court strikes down Texas' marriage ban later this year. In total, there are nearly 100 bills designed to enshrine discrimination in state law. These bills rationalize injustice by pretending to defend something many of us hold dear. They go against the very principles our nation was founded on, and they have the potential to undo decades of progress toward greater equality."
Government

FCC Chairman: Net Rules Will Withstand Court Challenge 82

Posted by samzenpus
from the here-to-stay dept.
An anonymous reader writes with this story about FCC chairman Tom Wheeler's confidence that the net neutrality rules the agency passed last month will stand up to upcoming challenges in court."Now that the FCC is the subject of several lawsuits, and its leader, Chairman Tom Wheeler, was dragged in front of Congress repeatedly to answer the same battery of inanity, it's worth checking in to see how the agency is feeling. Is it confident that its recent vote to reclassify broadband under Title II of the Telecommunications Act will hold? Yes, unsurprisingly. Recently, Wheeler gave a speech at Ohio State University, laying out his larger philosophy regarding the open Internet. His second to last paragraph is worth reading: "One final prediction: the FCC's new rules will be upheld by the courts. The DC Circuit sent the previous Open Internet Order back to us and basically said, 'You're trying to impose common carrier-like regulation without stepping up and saying, "these are common carriers.'" We have addressed that issue, which is the underlying issue in all of the debates we've had so far. That gives me great confidence going forward that we will prevail.""
Businesses

Arduino Dispute Reaches Out To Distributors 92

Posted by samzenpus
from the what's-in-a-name dept.
szczys writes Two companies are claiming ownership of the Arduino Trademark. The most recent development in this sad state of affairs is a letter from Arduino SRL to long-time Distributors of Arduino products. SRL is claiming they are the real Arduino, but there are some tasty tidbits including a Q/A section with some peculiar answers. From the article: "In short, Arduino LLC has been working on developing the Arduino platform, software, and community while Smart Projects / Arduino SRL was the major official producer of the hardware for most boards. Both are claiming to 'be' Arduino, and going after each other in court. So it’s not strange that Arduino SRL would like to try to keep its hold on the distribution channels."
Australia

Australian Government Outlines Website-Blocking Scheme 58

Posted by Soulskill
from the failing-to-learn-from-the-mistakes-of-others dept.
angry tapir writes: The Australian government has revealed its (previously mooted) proposed legislation that will allow copyright holders to apply for court orders that will force ISPs to block access to pirate websites. It forms part of a broader Australian crackdown on online copyright infringement, which also includes a warning notice scheme for alleged infringers. They're not the only ones getting on board with website blocking — a judge in Spain ruled that local ISPs must block access to The Pirate Bay.
United Kingdom

Prison Inmate Emails His Own Release Instructions To the Prison 198

Posted by Soulskill
from the just-crazy-enough-to-work dept.
Bruce66423 writes: A fraudster used a mobile phone while inside a UK prison to email the prison a notice for him to be released. The prison staff then released him. The domain was registered in the name of the police officer investigating him, and its address was the court building. The inmate was in prison for fraud — he was originally convicted after calling several banks and getting them to send him upwards of £1.8 million.
Blackberry

Iowa's Governor Terry Branstad Thinks He Doesn't Use E-mail 299

Posted by timothy
from the bizarro-er-and-bizarro-er dept.
Earthquake Retrofit writes The Washington Post reports the governor of Iowa denying he uses e-mail, but court documents expose his confusion. From the article: "Branstad's apparent confusion over smartphones, apps and e-mail is ironic because he has tried to portray himself as technologically savvy. His Instagram account has pictures of him taking selfies and using Skype... 2010 campaign ads show him tapping away on an iPad. 'Want a brighter future? We've got an app for that.' Earlier this month, the governor's office announced that it had even opened an account on Meerkat, the live video streaming app." Perhaps he's distancing himself from e-mail because it's a Hillary thing.
The Courts

Ellen Pao Loses Silicon Valley Gender Bias Case Against Kleiner Perkins 348

Posted by timothy
from the she'll-resign-her-commission dept.
vivaoporto writes As reported by the New York Times, USA Today and other publications, a jury of six men and six women rejected current Reddit Inc CEO Ellen Pao's claims against her former employer, the venture capital firm Kleiner Perkins Caufield & Byers. Ms. Pao's suit, that alleged employment discrimination based on gender, workplace retaliation and failure to take reasonable steps to prevent gender discrimination, asked $16 million in compensatory damages plus punitive damages. The jury decided, after more than two days of deliberation and more than four weeks of testimony, that her formed employer neither discriminated against the former junior partner for her gender, nor fired the complainant because of a high-profile gender discrimination lawsuit against the firm in 2012. She alleged that Kleiner Perkins had promoted male partners over equally qualified women at the firm, including herself, and then retaliated against her for raising concerns about the firm's gender dynamics by failing to promote her and finally firing her after seven years at the firm after she filed her 2012 lawsuit.
The Courts

Google Loses Ruling In Safari Tracking Case 56

Posted by Soulskill
from the permission-for-lawyers-to-make-money dept.
mpicpp sends this report from CNET: The floodgates are now open for UK users to sue Google over privacy violations tied to tracking cookies. In a landmark ruling, the UK's Court of Appeal has dismissed Google's request to prevent British Web users from suing the company over tracking cookies and privacy violations. The decision was announced Friday, according to the BBC. In spite of default privacy settings and user preferences — including an opt-out of consent to be tracked by cookies — Google's tracking cookies gathered information on Safari browser users for nine months in 2011 and 2012.
Businesses

Amazon Requires Non-Compete Agreements.. For Warehouse Workers 331

Posted by Soulskill
from the you-may-not-lift-and-carry-objects-for-anyone-else dept.
Rick Zeman writes: Amazon, perhaps historically only second to Newegg in the IT nerdling's online shopping heart, has not only subjected their warehouse employees to appalling working conditions, but they're also making them sign a non-compete agreement for the privilege. Here's an excerpt from the agreement: "During employment and for 18 months after the Separation Date, Employee will not, directly or indirectly, whether on Employee's own behalf or on behalf of any other entity (for example, as an employee, agent, partner, or consultant), engage in or support the development, manufacture, marketing, or sale of any product or service that competes or is intended to compete with any product or service sold, offered, or otherwise provided by Amazon (or intended to be sold, offered, or otherwise provided by Amazon in the future)."
Businesses

Win Or Lose, Discrimination Suit Is Having an Effect On Silicon Valley 347

Posted by samzenpus
from the to-pay-or-not-to-pay-that-is-the-question dept.
SpzToid sends word that the Ellen Pao vs. Kleiner Perkins Caufield & Byers discrimination case wrapped up yesterday. No matter what the outcome turns out to be, it has already affected how business is being done in Silicon Valley. "'Even before there's a verdict in this case, and regardless of what the verdict is, people in Silicon Valley are now talking,' said Kelly Dermody, managing partner at Lieff Cabraser Heimann & Bernstein, who chairs the San Francisco law firm's employment practice group. 'People are second-guessing and questioning whether there are exclusionary practices [and] everyday subtle acts of exclusion that collectively limit women's ability to succeed or even to compete for the best opportunities. And that's an incredibly positive impact.' Women in tech have long complained about an uneven playing field — lower pay for equal work, being passed over for promotions and a hostile 'brogrammer' culture — and have waited for a catalyst to finally overhaul the status quo. This trial — pitting a disgruntled, multimillionaire former junior partner against a powerful Menlo Park, Calif., venture capital firm — was far from the open-and-shut case that many women had hoped for. More gender discrimination suits against big tech firms are expected to follow; some already have, including lawsuits against Facebook Inc. and Twitter Inc."
Transportation

German Auto Firms Face Roadblock In Testing Driverless Car Software 177

Posted by timothy
from the and-what-if-that-man-was-your-mother?! dept.
An anonymous reader writes As nations compete to build the first operational autonomous car, German auto-manufacturers fear that current domestic laws limit their efforts to test the appropriate software for self-driving vehicles on public roads. German carmakers are concerned that these roadblocks are allowing U.S. competitors, such as Google, to race ahead in their development of software designed to react effectively when placed in real-life traffic scenarios. Car software developers are particularly struggling to deal with the ethical challenges often raised on the road. For example when faced with the decision to crash into a pedestrian or another vehicle carrying a family, it would be a challenge for a self-driving car to follow the same moral reasoning a human would in the situation. 'Technologically we can do fully automated self-driving, but the ethical framework is missing,' said Volkswagen CEO Martin Winterkorn.
Facebook

Facebook Sued For Alleged Theft of Data Center Design 74

Posted by timothy
from the architectural-plans-want-to-be-free dept.
itwbennett writes British engineering company BladeRoom Group says it contacted Facebook in 2011 about using its technique, which involves constructing data centers in a modular fashion from pre-fabricated parts. What happened next isn't clear, since much of the public version of BRG's lawsuit is redacted. But it claims Facebook ended up stealing its ideas and using them to build part of a data center in Lulea, Sweden, that opened last year. 'Facebook's misdeeds might never have come to light had it decided that simply stealing BRG's intellectual property was enough,' the company said in its lawsuit, filed Monday at the federal district court in San Jose, California. "Instead, Facebook went further when it decided to encourage and induce others to use BRG's intellectual property though an initiative created by Facebook called the 'Open Compute Project.'"
Wikipedia

Wikipedia Admin's Manipulation "Messed Up Perhaps 15,000 Students' Lives" 264

Posted by Soulskill
from the going-for-the-high-score dept.
Andreas Kolbe writes: Recently, "ArbCom", Wikipedia's highest court, banned an administrator account that for years had been manipulating the Wikipedia article of a bogus Indian business school – deleting criticism, adding puffery, and enabling the article to become a significant part of the school's PR strategy. Believing the school's promises and advertisements, families went to great expense to send sons and daughters on courses there – only for their children to find that the degrees they had gained were worthless. "In my opinion, by letting this go on for so long, Wikipedia has messed up perhaps 15,000 students' lives," an Indian journalist quoted in the story says. India is one of the countries where tens of millions of Internet users have free access to Wikipedia Zero, but cannot afford the data charges to access the rest of the Internet, making Wikipedia a potential gatekeeper.
Censorship

Indian Supreme Court Strikes Down Law Against Posting 'Offensive' Content Online 54

Posted by Soulskill
from the score-one-for-free-speech dept.
palemantle writes: The Indian Supreme Court has overturned the controversial Section 66A of the IT Act which included a provision for a three-year jail term for sending "offensive" messages through a "computer resource or a communication device." In its judgement, the Supreme Court held "liberty of thought and expression as cardinal" and overturned the provision (66A) deeming it "unconstitutional." It's been in the news recently for an incident involving the arrest of a high school student for posting allegedly "offensive" content on Facebook about a local politician.
Australia

Draconian Australian Research Law Hits Scientists 148

Posted by Soulskill
from the blunder-down-under dept.
An anonymous reader writes: The Australian government is pushing ahead with a draconian law placing "dual use" science (e.g. encryption, biotechnology) under the control of the Department of Defence. The Australian ACLU, Civil Liberties Australia, warns the law punishes scientists with $400,000 fines, 10 years in jail and forfeiture of their work, just for sending an "inappropriate" e-mail.

Scientists — including the academics union — warn the laws are unworkable despite attempted improvements, and will drive researchers offshore (paywalled: mirror here).
The Courts

First Lawsuits Challenging FCC's New Net Neutrality Rules Arrive 316

Posted by Soulskill
from the early-bird-gets-to-throttle-the-worm's-bandwidth dept.
An anonymous reader writes: A small ISP based in Texas and an industry trade group have become the first to file lawsuits challenging the FCC's recent net neutrality rules. The trade group, USTelecom, argues that the regulations are not "legally sustainable." Alamo Broadband claims it is facing "onerous requirements" by operating under Title II of the Communications Act. Such legal challenges were expected, and are doubtless the first of many — but few expected them to arrive so soon. While some of the new rules were considered "final" once the FCC released them on March 12, others don't go into effect until they're officially published in the Federal Register, which hasn't happened yet.
United Kingdom

UK Government Admits Intelligence Services Allowed To Break Into Any System 107

Posted by samzenpus
from the whenever-we-feel-like-it dept.
An anonymous reader writes Recently, Techdirt noted that the FBI may soon have permission to break into computers anywhere on the planet. It will come as no surprise to learn that the U.S.'s partner in crime, the UK, granted similar powers to its own intelligence services some time back. What's more unexpected is that it has now publicly said as much, as Privacy International explains: "The British Government has admitted its intelligence services have the broad power to hack into personal phones, computers, and communications networks, and claims they are legally justified to hack anyone, anywhere in the world, even if the target is not a threat to national security nor suspected of any crime." That important admission was made in what the UK government calls its "Open Response" to court cases started last year against GCHQ.
Earth

In Response to Pollution Spike, Paris Temporarily Halves Traffic By Decree 198

Posted by timothy
from the solomonic-wisdom dept.
As reported by News.com.au, the city of Paris has implemented a harsh (but temporary) measure for drivers, in response to a surge in pollution: banning cars with even-numbered registration plates from the streets. According to the article, City mayor Anne Hidalgo had asked authorities to prevent one in every two cars from taking to the capital’s streets and make all public transport temporarily free in a bid to drive down pollution. Only vehicles with numberplates ending in an odd number will be allowed to drive, though exceptions exist for vehicles like taxis, electric cars and ambulances. ... Public transportation is to be free until at least Monday in Paris and its surrounding towns in an effort to force pollution down by coaxing drivers to give up their cars for a few days. Similar emergency measures were last implemented almost exactly a year ago — on March 17 — during a particularly bad spike in the pollution levels.
Government

ISPs Worry About FCC's 'Future Conduct' Policing 130

Posted by timothy
from the now-lookie-hyeah-boah dept.
jfruh (300774) writes "In the wake of the FCC passing net neutrality rules, the federal agency now has the authority to keep an eye on ISPs 'future conduct,' to prevent them from even starting to implement traffic-shaping plans that would violate net neutrality. Naturally, this has a lot of ISPs feeling nervous." From the article: The net neutrality rules, beginning on page 106, outline a process for staff to give advisory opinions to broadband providers who want to run a proposed business model past the agency before rolling it out. But those advisory opinions won’t have the weight of an official commission decision. The FCC’s Enforcement Bureau will be able to reconsider, rescind or revoke those advisory opinions, and the commission itself will be able to overrule them, according to the order. “It’s unclear what you’re supposed to do when you have a new innovation or a new service,” the telecom lobbyist said. “There’s just a lot of ambiguity.” Even the Electronic Frontier Foundation, one of the most vocal proponents of strong net neutrality rules, urged the commission to jettison its future conduct standard.