Facebook

Facebook Begins Sending Settlement Payments from Cambridge Analytica Scandal Soon (cnn.com) 30

"Facebook users who filed a claim in parent company Meta's $725 million settlement related to the Cambridge Analytica scandal may soon get a payment," reports CNN, since "on August 27, the court ordered that settlement benefits be distributed." It's been over two years since Facebook users were able to file claims in Meta's December 2022 settlement. The class-action lawsuit began after the social media giant said in 2018 that as many as 87 million Facebook users' private information was obtained by data analytics firm Cambridge Analytica...

Meta was accused of allowing Cambridge Analytica and other third parties, including developers, advertisers and data brokers, to access private information about Facebook users. The social media giant was also accused of insufficiently managing third-party access to and use of user data. Meta did not admit wrongdoing as part of the settlement. Following the Cambridge Analytica incident, Facebook restricted third-party access to user data and "developed more robust tools" to inform users about how data is collected and shared, according to court documents...

Any US Facebook user who had an active account between May 24, 2007, and December 22, 2022, was eligible to file a claim, even if they have deleted the account. The deadline to file was August 25, 2023. Almost 29 million claims were filed and about 18 million were validated as of September 2023, according to Meta's response in a 2024 legal document... Payments will either be sent directly to the bank account provided on the claim form, or via PayPal, a virtual prepaid Mastercard, Venmo or Zelle. Unsuccessful or expired payments will receive a "second chance email" to update the payment method.

Piracy

Megaupload Founder Kim Dotcom Loses Latest Bid to Avoid US Extradition (yahoo.com) 29

In 2015 Kim Dotcom answered questions from Slashdot's readers.

Now CBS News reports on "the latest chapter in a protracted 13-year battle by the U.S. government" to extradite Finnish-German millionaire Kim Dotcom from New Zealand: A New Zealand court has rejected the latest bid by internet entrepreneur Kim Dotcom to halt his deportation to the U.S. on charges related to his file-sharing website Megaupload. Dotcom had asked the High Court to review the legality of an official's August 2024 decision that he should be surrendered to the U.S. to face trial on charges of copyright infringement, money laundering and racketeering... The Megaupload founder had applied for what in New Zealand is called a judicial review, in which a judge is asked to evaluate whether an official's decision was lawful. A judge on Wednesday dismissed Dotcom's arguments that the decision to deport him was politically motivated and that he would face grossly disproportionate treatment in the U.S...

New Zealand's government hasn't disclosed what will happen next in the extradition process or divulged an expected timeline for Dotcom to be surrendered to the United States

Dotcom "has been free on bail in New Zealand since February 2012," the article points out — and "One of his lawyers, Ron Mansfield, told Radio New Zealand that Dotcom's team had 'much fight left in us as we seek to secure a fair outcome,' but he didn't elaborate..."

The article notes that the latest decision "could be challenged in the Court of Appeal, where a deadline for filing is October 8."
Security

Proton Mail Suspended Journalist Accounts At Request of Cybersecurity Agency (theintercept.com) 77

An anonymous reader quotes a report from The Intercept: The company behind the Proton Mail email service, Proton, describes itself as a "neutral and safe haven for your personal data, committed to defending your freedom." But last month, Proton disabled email accounts belonging to journalists reporting on security breaches of various South Korean government computer systems following a complaint by an unspecified cybersecurity agency. After a public outcry, and multiple weeks, the journalists' accounts were eventually reinstated -- but the reporters and editors involved still want answers on how and why Proton decided to shut down the accounts in the first place.

Martin Shelton, deputy director of digital security at the Freedom of the Press Foundation, highlighted that numerous newsrooms use Proton's services as alternatives to something like Gmail "specifically to avoid situations like this," pointing out that "While it's good to see that Proton is reconsidering account suspensions, journalists are among the users who need these and similar tools most." Newsrooms like The Intercept, the Boston Globe, and the Tampa Bay Times all rely on Proton Mail for emailed tip submissions. Shelton noted that perhaps Proton should "prioritize responding to journalists about account suspensions privately, rather than when they go viral." On Reddit, Proton's official account stated that "Proton did not knowingly block journalists' email accounts" and that the "situation has unfortunately been blown out of proportion."

The two journalists whose accounts were disabled were working on an article published in the August issue of the long-running hacker zine Phrack. The story described how a sophisticated hacking operation -- what's known in cybersecurity parlance as an APT, or advanced persistent threat -- had wormed its way into a number of South Korean computer networks, including those of the Ministry of Foreign Affairs and the military Defense Counterintelligence Command, or DCC. The journalists, who published their story under the names Saber and cyb0rg, describe the hack as being consistent with the work of Kimsuky, a notorious North Korean state-backed APT sanctioned by the U.S. Treasury Department in 2023. As they pieced the story together, emails viewed by The Intercept show that the authors followed cybersecurity best practices and conducted what's known as responsible disclosure: notifying affected parties that a vulnerability has been discovered in their systems prior to publicizing the incident.
Phrack said the account suspensions created a "real impact to the author. The author was unable to answer media requests about the article." Phrack noted that the co-authors were already working with affected South Korean organizations on responsible disclosure and system fixes. "All this was denied and ruined by Proton," Phrack stated.

Phrack editors said that the incident leaves them "concerned what this means to other whistleblowers or journalists. The community needs assurance that Proton does not disable accounts unless Proton has a court order or the crime (or ToS violation) is apparent."
Movies

Employee Who Leaked 'Spider-Man' Blu-ray Sentenced to Nearly 5 Years Prison (torrentfreak.com) 71

A former Memphis disc manufacturing employee has been sentenced to nearly five years in prison after stealing pre-release Blu-rays from his employer and leaking them online. While he received 21 months for copyright infringement, a concurrent firearm charge extended his total prison term to 57 months. TorrentFreak reports: In February, the U.S. Department of Justice indicted 37-year-old Steven Hale from Tennessee, a former employee of a disc manufacturing and distribution company in Memphis. While working at the unnamed company between 2021 and 2022, Hale allegedly stole numerous "pre-release" DVD and Blu-ray discs from his employer. These stolen discs contained many high-profile movie titles including "Spider-Man: No Way Home." In addition to the copyright infringement charge, Hale was also indicted for a firearm offense. When raiding his premises, law enforcement found a gun in a car that was registered in his name, which, for a felon, is a separate criminal offense.

Hale was sentenced at a federal court in Memphis yesterday, where Chief Judge Sheryl H. Lipman handed down a 57-month prison term, exactly in line with the U.S. government's recommendation. Two separate sentences will be served concurrently. Hale received 21 months for the theft and distribution of hundreds of pre-release movie discs. A longer sentence of 57 months was handed down for the firearm charge, which ultimately defines the total prison term. Judge Lipman also granted several requests by the defense. The court recommended that Hale be housed in a facility as close to Memphis as possible so he can be near his family. In addition, the defendant will be allowed to remain on bond and self-surrender to prison at a later date.

The 21-month sentence for the copyright infringement charge is substantially lower than the maximum of 60 months. This is in part the result of a guilty plea the defendant signed in May. After accepting responsibility, the prosecution agreed to drop other charges and recommend a sentence at the low end of the guideline range. Hale entered his guilty plea to Count Two of the indictment. The charge relates to his distribution of ten or more copies of copyrighted works, including pre-release movies, for commercial advantage and private financial gain. This includes the pre-release 'Spider-Man: No Way Home' disc, which is likely the source of the public leak.

The Courts

Court Rejects Verizon Claim That Selling Location Data Without Consent Is Legal (arstechnica.com) 12

An anonymous reader quotes a report from Ars Technica: Verizon lost an attempt to overturn a $46.9 million fine for selling customer location data without its users' consent. The US Court of Appeals for the 2nd Circuit rejected Verizon's challenge in a ruling (PDF) issued today. The Federal Communications Commission fined the three major carriers last year for violations revealed in 2018. The companies sued the FCC in three different courts, with varying results.

AT&T beat the FCC in the reliably conservative US Court of Appeals for the 5th Circuit, while T-Mobile lost in the District of Columbia Circuit. Although FCC Chairman Brendan Carr voted against (PDF) the fine last year, when the commission had a Democratic majority, his FCC urged the courts to uphold the Biden-era decisions. A ruling against the FCC could gut the agency's ability to issue financial penalties. The different rulings from different circuits raise the odds of the cases being taken up by the Supreme Court.

Today's 2nd Circuit ruling against Verizon was issued unanimously by a panel of three judges, and it comes to the same legal conclusions as the DC Circuit did in the T-Mobile case. The court did not accept the carrier's argument that the fine violated its Seventh Amendment right to a jury trial and that the location data wasn't protected under the law used by the FCC to issue the penalties. "We disagree [with Verizon]," the 2nd Circuit ruling said. "The customer data at issue plainly qualifies as customer proprietary network information, triggering the Communication Act's privacy protections. And the forfeiture order both soundly imposed liability and remained within the strictures of the penalty cap. Nothing about the Commission's proceedings, moreover, transgressed the Seventh Amendment's jury trial guarantee. Indeed, Verizon had, and chose to forgo, the opportunity for a jury trial in federal court. Thus, we DENY Verizon's petition."
Until 2019, the ruling said Verizon operated a location-based services program that sold customer location data through intermediaries like LocationSmart and Zumigo, who then resold it to dozens of third-party entities. Instead of directly managing consent and notifications, Verizon "largely delegated those functions via contract" to its partners, a system that came under scrutiny after a 2018 New York Times report exposed security breaches.

One major misuse involved Securus Technologies, which "was misusing the program to enable law enforcement officers to access location data without customers' knowledge or consent, so long as the officers uploaded a warrant or some other legal authorization," the ruling said. Verizon argued that Section 222 of the Communications Act only covered call-location data, but the court ruled that device-location data also qualifies as protected customer information.
AI

Britannica and Merriam-Webster Sue Perplexity Over AI 'Answer Engine' (reuters.com) 20

Perplexity AI is the latest AI startup to be hit with a lawsuit by copyright holders, accused by Encyclopedia Britannica and Merriam-Webster of misusing their content in its "answer engine" for internet searches. From a report: The reference companies alleged in New York federal court on Wednesday that Perplexity unlawfully copied their material and diminished their revenue by redirecting their web traffic to its AI-generated summaries.
Google

Google Tells Court 'Open Web is Already in Rapid Decline' After Execs Claimed It Was Thriving (seroundtable.com) 21

Google has stated in a court filing that "the open web is already in rapid decline," contradicting recent public statements from executives including its CEO Sundar Pichai and Search VP Nick Fox, who maintained in May that web publishing and the web were thriving.

The admission appeared in Google's response to a divestiture proposal, arguing that breaking up the company would accelerate the decline and harm publishers dependent on open-web display advertising revenue. Google's VP of Global Ads Dan Taylor has since clarified the company was referring specifically to open-web display advertising, not the entire open web.
The Courts

Whistle-Blower Sues Meta Over Claims of WhatsApp Security Flaws (nytimes.com) 8

The former head of security for WhatsApp filed a lawsuit on Monday accusing Meta of ignoring major security and privacy flaws that put billions of the messaging app's users at risk, the latest in a string of whistle-blower allegations against the social media giant. The New York Times: In the lawsuit filed in the U.S. District Court of the District of Northern California, Attaullah Baig claimed that thousands of WhatsApp and Meta employees could gain access to sensitive user data including profile pictures, location, group memberships and contact lists. Meta, which owns WhatsApp, also failed to adequately address the hacking of more than 100,000 accounts each day and rejected his proposals for security fixes, according to the lawsuit.

Mr. Baig tried to warn Meta's top leaders, including its chief executive, Mark Zuckerberg, that users were being harmed by the security weaknesses, according to the lawsuit. In response, his managers retaliated and fired him in February, he claims. Mr. Baig, who is represented by the whistle-blower organization Psst.org and the law firm Schonbrun, Seplow, Harris, Hoffman & Zeldes, argued in the suit that the actions violated a privacy settlement Meta reached with the Federal Trade Commission in 2019, as well as securities laws that require companies to disclose risks to shareholders.

The Courts

Anthropic Agrees To Pay Record $1.5 Billion To Settle Authors' AI Lawsuit (deadline.com) 36

An anonymous reader quotes a report from Deadline: Anthropic has agreed to pay at least $1.5 billion into a class action fund as part of a settlement of litigation brought by a group of book authors. The sum, disclosed in a court filing on Friday, "will be the largest publicly reported copyright recovery in history, larger than any other copyright class action settlement or any individual copyright case litigated to final judgment," the attorneys for the authors wrote.

The settlement also includes a provision that releases Anthropic only for its conduct up the August 25, meaning that new claims could be filed over future conduct, according to the filing. Anthropic also has agreed to destroy the datasets used in its models. The settlement figure amounts to about $3,000 per class work, according to the filing.
You can read the terms of Anthropic's copyright settlement here (PDF). A hearing in the case is scheduled for Sept. 8.
The Courts

Mark Zuckerberg Sues Mark Zuckerberg (techcrunch.com) 56

An Indiana bankruptcy lawyer named Mark Zuckerberg is suing Meta after his Facebook page was repeatedly shut down for "impersonating" CEO Mark Zuckerberg, despite being his real legal name. TechCrunch reports: Mark Zuckerberg the lawyer uses a commercial Facebook page to advertise his legal practice and communicate with potential clients. But his page has been disabled five times in the last eight years, since Meta's moderation systems flag his account as falsely impersonating Mark Zuckerberg, the founder of the platform. Mark Zuckerberg is not impersonating Mark Zuckerberg, because he, too, is Mark Zuckerberg. In his legal complaint, Mark Zuckerberg points out that he has been practicing law since Mark Zuckerberg was just three years old.

"It's not funny," Mark Zuckerberg, the lawyer, said to Indianapolis' 13WTHR. "Not when they take my money. This really pissed me off." Mark Zuckerberg has spent over $11,000 to advertise his page on Mark Zuckerberg's Meta platforms, but when Mark Zuckerberg's account is disabled for allegedly impersonating Mark Zuckerberg, Mark Zuckerberg still has to pay for these advertisements.
Zuckerberg created a website, iammarkzuckerberg.com, chronicling how his life has been shaped by being named Mark Zuckerberg.

The lawsuit can be found here.
The Courts

Warner Bros. Discovery Sues Midjourney For Copyright Infringement 83

Warner Bros. Discovery has filed a major copyright lawsuit against Midjourney, accusing the AI image generator of exploiting its movies and TV shows to train models and generate near-identical reproductions of iconic characters like Batman, Bugs Bunny, and Rick and Morty. From The Hollywood Reporter: The company "brazenly dispenses Warner Bros. Discovery's intellectual property" by letting subscribers produce images and videos of iconic copyrighted characters, alleges the complaint, filed on Thursday in California federal court. "The heart of what we do is develop stories and characters to entertain our audiences, bringing to life the vision and passion of our creative partners," said a Warner Bros. Discovery spokesperson in a statement. "Midjourney is blatantly and purposefully infringing copyrighted works, and we filed this suit to protect our content, our partners, and our investments."

For years, AI companies have been training their technology on data scraped across the internet without compensating creators. It's led to lawsuits from authors, record labels, news organizations, artists and studios, which contend that some AI tools erode demand for their content. Warner Bros. Discovery joins Disney and Universal, which earlier this year teamed up to sue Midjourney. By their thinking, the AI company is a free-rider plagiarizing their movies and TV shows. In the lawsuit, Warner Bros. Discovery points to Midjourney generating images of iconic copyrighted characters. At the forefront are heroes who're at the center of DC Studios' movies and TV shows, like Superman, Wonder Woman and The Joker; others are Looney Tunes, Tom and Jerry and Scooby-Doo characters who've become ubiquitous household names; more are Cartoon Network characters, including those from Rick and Morty, who've emerged as something of cultural touchstones in recent years. [...]

The lawsuit argues Midjourney's ability to return copyrighted characters is a "clear draw for subscribers," diverting consumers away from purchasing Warner Bros. Discovery-approved posters, wall art and prints, among other products that must now compete against the service. [...] Warner Bros. Discovery seeks Midjourney's profits attributable to the alleged infringement or, alternatively, $150,000 per infringed work, which could leave the AI company on the hook for massive damages. The thrust of the studios' lawsuits will likely be decided by one question: Are AI companies covered by fair use, the legal doctrine in intellectual property law that allows creators to build upon copyrighted works without a license?
The lawsuit can be found here.
The Courts

Calling Boss a Dickhead Was Not a Sackable Offense, Tribunal Rules (theguardian.com) 105

An anonymous reader quotes a report from The Guardian: Managers and supervisors brace yourselves: calling the boss a dickhead is not necessarily a sackable offense, a tribunal has ruled. The ruling came in the case of an office manager who was sacked on the spot when -- during a row -- she called her manager and another director dickheads. Kerrie Herbert has been awarded almost 30,000 pounds in compensation and legal costs after an employment tribunal found she had been unfairly dismissed.

The employment judge Sonia Boyes ruled that the scaffolding and brickwork company she worked for had not "acted reasonably in all the circumstances in treating [her] conduct as a sufficient reason to dismiss her." "She made a one-off comment to her line manager about him and a director of the business," Boyes said. "The comment was made during a heated meeting. "Whilst her comment was not acceptable, there is no suggestion that she had made such comments previously. Further ... this one-off comment did not amount to gross misconduct or misconduct so serious to justify summary dismissal." [...]

Boyes found that Herbert was summarily fired because of her use of the word "dickheads" and ruled that the company had failed to follow proper disciplinary procedures. She concluded that calling her bosses dickheads was not sufficient to fire Herbert and ordered the firm to pay 15,042.81 pounds in compensation. In her latest judgment she also ruled it had to pay 14,087 pounds towards her legal fees.
"If it was anyone else in this position they would have walked years ago due to the goings-on in the office, but it is only because of you two dickheads that I stayed," said Herbert.

Swannell retorted: "Don't call me a fucking dickhead or my wife. That's it, you're sacked. Pack your kit and fuck off."
The Courts

Supermarket Giant Tesco Sues VMware, Warns Lack of Support Could Disrupt Food Supply (theregister.com) 80

Tesco is suing Broadcom and reseller Computacenter for at least $134 million, claiming that VMware's perpetual license support agreements were breached after Broadcom's acquisition. The supermarket giant warned it "may not be able to put food on the shelves if the situation goes pear-shaped," writes The Register's Simon Sharwood. From the report: Court documents seen by The Register assert that in January 2021 Tesco acquired perpetual licenses for VMware's vSphere Foundation and Cloud Foundation products, plus subscriptions to Virtzilla's Tanzu products, and agreed a contract for support services and software upgrades that run until 2026. Tesco claims VMware also agreed to give it an option to extend support services for an additional four years. All of this happened before Broadcom acquired VMware and stopped selling support services for software sold under perpetual licenses. Broadcom does sell support to those who sign for its new software subscriptions.

The supermarket giant says Broadcom's subscriptions mean it must pay "excessive and inflated prices for virtualization software for which Tesco has already paid," and "is unable any longer to purchase stand-alone Virtualization Support Services for its Perpetually Licensed Software without also having to purchase duplicative subscription-based licenses for those same Software products which it already owns." The complaint also alleges that Tesco's contracts with VMware include eligibility for software upgrades, but that Broadcom won't let the retailer update its perpetual licenses to cover the new Cloud Foundation 9.

The filing names Computacenter as a co-defendant as it was the reseller that Tesco relied on for software licenses, and the retailer feels it's breached contracts to supply software at a fixed price. Tesco's filing also mentions Broadcom's patch publication policy, which means users who don't acquire subscriptions can't receive all security updates and don't receive other fixes. The retailer thinks its contracts mean it is entitled to those updates. The filing suggests that lack of support is not just a legal matter, but may have wider implications because VMware software, and support for it "are essential for the operations and resilience of Tesco's business and its ability to supply groceries to consumers across the UK and Republic of Ireland."

"VMware Virtualization Software underpins the servers and data systems that enable Tesco's stores and operations to function, hosting approximately 40,000 server workloads and connecting to, by way of illustration, tills in Tesco stores," the filing states. Tesco's filing warns that Broadcom, VMware, and Computacenter are each liable for at least $134 million damages, plus interest, and that the longer the dispute persists the higher damages will climb.

Google

Google Critics Think the Search Remedies Ruling is a Total Whiff (theverge.com) 41

Critics are denouncing Tuesday's antitrust remedies ruling against Google, calling them inadequate to restore search market competition. DuckDuckGo said the court's decision allows Google to continue using its monopoly to hold back competitors in AI search.

The Open Markets Institute called it "pure judicial cowardice" that leaves Google's power "almost fully intact." Senator Amy Klobuchar said the limited remedies demonstrate why Congress needs to pass legislation stopping dominant platforms from preferencing their own products. The News/Media Alliance criticized Judge Amit Mehta for failing to address Google forcing publishers to provide content for AI offerings to remain in search results.
The Courts

Amazon Must Face US Nationwide Class Action Over Third-Party Sales (reuters.com) 25

An anonymous reader quotes a report from Reuters: Amazon.com must face a class action on behalf of hundreds of millions of U.S. consumers over claims that the online retail giant overcharged for products sold by third-party sellers, a federal judge in Seattle has ruled. U.S. District Judge John Chun in an order (PDF) unsealed on Friday certified a nationwide class involving 288 million customers and billions of transactions, marking one of the largest-ever in the United States.

The class includes buyers in the United States who purchased five or more new goods from third-party sellers on Amazon since May 26, 2017. The consumers' 2021 lawsuit said Amazon violated antitrust law by restricting third-party sellers from offering their products for lower prices elsewhere on rival platforms while they are also for sale on Amazon. Amazon's policies have allowed the company to impose inflated fees on sellers, causing shoppers to pay higher prices for purchases, the lawsuit said. Amazon has denied any wrongdoing. It has already appealed Chun's class certification order, which was first issued under seal on Aug. 6.

Amazon argued that the class was too large to be manageable and that the plaintiffs failed to show its alleged conduct had a widespread effect. Amazon also said that since 2019 it has not used a pricing program that the plaintiffs challenged. Chun found there was no evidence at this stage that the size of the class was overbroad. Other federal courts had certified class actions with millions or hundreds of millions of class members, the judge said.

The Courts

Google Gets To Keep Chrome But Is Barred From Exclusive Search Deals, Judge Rules (cnbc.com) 30

A federal judge spared Google from the harshest penalties in its antitrust case. The search giant can keep Chrome and avoid breaking up Android, but it has been barred from exclusive contracts and ordered to limit data sharing with rivals. CNBC reports: U.S. District Judge Amit Mehta ruled against the most severe consequences that were proposed by the U.S. Department of Justice, including selling off its Chrome browser, which provides data that helps its advertising business deliver targeted ads. "Google will not be required to divest Chrome; nor will the court include a contingent divestiture of the Android operating system in the final judgment," the decision stated. "Plaintiffs overreached in seeking forced divesture of these key assets, which Google did not use to effect any illegal restraints."

The company can make payments to preload products, but it cannot have exclusive contracts, the decision stated. The DOJ asked Google to stop the practice of "compelled syndication," which refers to the practice of making certain deals with companies to ensure its search engine remains the default choice in browsers and smartphones. [...] The judge ordered the parties to meet by September 10th for the final judgement.

"Google will not be barred from making payments or offering other consideration to distribution partners for preloading or placement of Google Search, Chrome, or its GenAI products. Cutting off payments from Google almost certainly will impose substantial -- in some cases, crippling -- downstream harms to distribution partners, related markets, and consumers, which counsels against a broad payment ban." [...] Google said it will appeal the ruling, which would delay any potential penalties. Mehta ruled Tuesday that Google will have to make available certain search index data and user interaction data though "not ads data." The court narrowed the datasets Google will be required to share and said they must occur on "ordinary commercial terms that are consistent with Google's current syndication services."

DRM

Lawsuit Says Amazon Prime Video Misleads When You 'Buy' a Long-Term Streaming Rental (arstechnica.com) 77

"Typically when something is available to "buy," ownership of that good or access to that service is offered in exchange for money," writes Ars Technica.

"That's not really the case, though, when it comes to digital content." Often, streaming services like Amazon Prime Video offer customers the options to "rent" digital content for a few days or to "buy" it. Some might think that picking "buy" means that they can view the content indefinitely. But these purchases are really just long-term licenses to watch the content for as long as the streaming service has the right to distribute it — which could be for years, months, or days after the transaction. A lawsuit recently filed against Prime Video challenges this practice and accuses the streaming service of misleading customers by labeling long-term rentals as purchases. The conclusion of the case could have implications for how streaming services frame digital content...

[The plaintiff's] complaint stands a better chance due to a California law that took effect in January banning the selling of a "digital good to a purchaser with the terms 'buy,' 'purchase,' or any other term which a reasonable person would understand to confer an unrestricted ownership interest in the digital good, or alongside an option for a time-limited rental." There are some instances where the law allows digital content providers to use words like "buy." One example is if, at the time of transaction, the seller receives acknowledgement from the customer that the customer is receiving a license to access the digital content; that they received a complete list of the license's conditions; and that they know that access to the digital content may be "unilaterally revoked...."

The case is likely to hinge on whether or not fine print and lengthy terms of use are appropriate and sufficient communication. [The plaintiff]'s complaint acknowledges that Prime Video shows relevant fine print below its "buy" buttons but says that the notice is "far below the 'buy movie' button, buried at the very bottom" of the page and is not visible until "the very last stage of the transaction," after a user has already clicked "buy."

Amazon is sure to argue that "If plaintiff didn't want to read her contract, including the small print, that's on her," says consumer attorney Danny Karon. But he tells Ars Technica "I like plaintiff's chances. A normal consumer, after whom the California statute at issue is fashioned, would consider 'buy' or 'purchase' to involve a permanent transaction, not a mere rental... If the facts are as plaintiff alleges, Amazon's behavior would likely constitute a breach of contract or statutory fraud."
United Kingdom

UK Sought Broad Access To Apple Customers' Data, Court Filing Suggests (ft.com) 16

A newly published Investigatory Powers Tribunal filing indicates the UK government's Technical Capability Notice to Apple went beyond the company's Advanced Data Protection encryption to include standard iCloud services used by millions [non-paywalled source]. The document states the UK Home Office order "is not limited to" ADP data and applies "globally in respect of the relevant data categories of all iCloud users."

The filing emerged days after Trump administration officials claimed the UK had agreed to drop efforts targeting American citizens' data. Apple launched its legal challenge in March after receiving the TCN, which the company cannot discuss publicly under the Investigatory Powers Act. The tribunal scheduled a hearing for early next year. Apple withdrew ADP from UK customers in February.
The Courts

4chan and Kiwi Farms Sue the UK Over Its Age Verification Law (404media.co) 103

An anonymous reader quotes a report from 404 Media: 4chan and Kiwi Farms sued the United Kingdom's Office of Communications (Ofcom) over its age verification law in U.S. federal court Wednesday, fulfilling a promise it announced on August 23. In the lawsuit, 4chan and Kiwi Farms claim that threats and fines they have received from Ofcom "constitute foreign judgments that would restrict speech under U.S. law." Both entities say in the lawsuit that they are wholly based in the U.S. and that they do not have any operations in the United Kingdom and are therefore not subject to local laws. Ofcom's attempts to fine and block 4chan and Kiwi Farms, and the lawsuit against Ofcom, highlight the messiness involved with trying to restrict access to specific websites or to force companies to comply with age verification laws.

The lawsuit calls Ofcom an "industry-funded global censorship bureau." "Ofcom's ambitions are to regulate Internet communications for the entire world, regardless of where these websites are based or whether they have any connection to the UK," the lawsuit states. "On its website, Ofcom states that 'over 100,000 online services are likely to be in scope of the Online Safety Act -- from the largest social media platforms to the smallest community forum.'" [...] Ofcom began investigating 4chan over alleged violations of the Online Safety Act in June. On August 13, it announced a provisional decision and stated that 4chan had "contravened its duties" and then began to charge the site a penalty of [roughly $26,000] a day. Kiwi Farms has also been threatened with fines, the lawsuit states.
"American citizens do not surrender our constitutional rights just because Ofcom sends us an e-mail. In the face of these foreign demands, our clients have bravely chosen to assert their constitutional rights," said Preston Byrne, one of the lawyers representing 4chan and Kiwi Farms.

"We are aware of the lawsuit," an Ofcom spokesperson told 404 Media. "Under the Online Safety Act, any service that has links with the UK now has duties to protect UK users, no matter where in the world it is based. The Act does not, however, require them to protect users based anywhere else in the world."
AI

Posthumous AI Avatars Shift From Memorial Tools To Revenue Generators (npr.org) 47

Digital resurrections of deceased individuals are emerging as the next commercial frontier in AI, with the digital afterlife industry projected to reach $80 billion within a decade. Companies developing these AI avatars are exploring revenue models ranging from interstitial advertising during conversations to data collection about users' preferences.

StoryFile CEO Alex Quinn confirmed his company is exploring methods to monetize interactions between users and deceased relatives' digital replicas, including probing for consumer information during conversations. The technology has already demonstrated persuasive capabilities in legal proceedings, where an AI recreation of road rage victim Chris Pelkey delivered testimony that contributed to a maximum sentence. Current implementations operate through subscription models, though no federal regulations govern commercial applications of posthumous AI representations despite state-level protections for deceased individuals' likeness rights.

Slashdot Top Deals