Crime

Amazon Reaches $2.5 Billion Settlement With FTC Over 'Deceptive' Prime Program (cnbc.com) 22

Amazon will pay $2.5 billion to settle Federal Trade Commission allegations that it duped users into paying for Prime memberships, the regulatory agency announced Thursday. CNBC: The surprise settlement comes as Amazon and the FTC were just three days into the trial in a Seattle federal court. Opening arguments took place on Tuesday. The lawsuit, filed by the FTC in June 2023 under the Biden administration, claimed that Amazon deceived tens of millions of customers into signing up for its Prime subscription program and sabotaged their attempts to cancel it.

Three senior Amazon executives were at risk of being held individually liable if the jury sided with the FTC. Amazon will pay a $1 billion civil penalty to the FTC and will refund $1.5 billion to an estimated 35 million customers who were impacted by "unwanted Prime enrollment or deferred cancellation," the agency said.

Google

Google Experiences Deja Vu As Second Monopoly Trial Begins In US 4

An anonymous reader quotes a report from The Guardian: After deflecting the US Department of Justice's attack on its illegal monopoly in online search, Google is facing another attempt to dismantle its internet empire in a trial focused on abusive tactics in digital advertising. The trial that opened Monday in an Alexandria, Virginia, federal court revolves around the harmful conduct that resulted in US district Judge Leonie Brinkema declaring parts of Google's digital advertising technology to be an illegal monopoly in April. The judge found that Google has been engaging in behavior that stifles competition to the detriment of online publishers that depend on the system for revenue.

Google and the justice department will spend the next two weeks in court presenting evidence in a "remedy" trial that will culminate in Brinkema issuing a ruling on how to restore fair market conditions. If the justice department gets its way, Brinkema will order Google to sell parts of its ad technology -- a proposal that the company's lawyers warned would "invite disruption and damage" to consumers and the internet's ecosystem. The justice department contends a breakup would be the most effective and quickest way to undercut a monopoly that has been stifling competition and innovation for years. [...]

The case, filed in 2023 under Joe Biden's administration, threatens the complex network that Google has spent the past 17 years building to power its dominant digital advertising business. Digital advertising sales account for most of the $305 billion in revenue that Google's services division generates for its corporate parent Alphabet. The company's sprawling network of display ads provide the lifeblood that keeps thousands of websites alive. Google believes it has already made enough changes to its "ad manager" system, including providing more options and pricing options, to resolve the problems Brinkema flagged in her monopoly ruling.
The Courts

Supreme Court Allows Trump to Fire Remaining Democrat On FTC (npr.org) 180

The Supreme Court has temporarily allowed President Trump to fire Rebecca Slaughter, the last Democrat on the FTC. "The court's action is technically temporary, since the justices said they will hear arguments in the case in December, but every indication is that the conservative court majority will use the case to reverse a major Supreme Court precedent that dates back almost a century," reports NPR. From the report: Congress created the FTC and lots of other agencies to be multi-member, bipartisan regulatory agencies. And the Supreme Court in 1935 upheld those statutes ruling ruled against then-President Franklin D. Roosevelt's claim that he could fire FTC commissioners at will. In a unanimous opinion at the time, the court said Congress acted within its powers in declaring that a commissioner could only be fired for misconduct -- not for a policy disagreement. But now, prodded by President Trump, the court's six-member conservative majority seems poised to remake the way independent agencies operate. And if the handwriting on the wall is as clear as it seems to be, the independent agencies won't be independent. Their membership will be subject to the will of the president.

The court's action Monday was hardly subtle. While the lower courts had ruled that the president could not fire Slaughter, under the court's 1935 precedent, the conservative Supreme Court majority allowed the president to fire her. Indeed, her name isn't even on the FTC website anymore. And the court so far has allowed Trump to fire other agency board members. In short, the justices are not playing hide-the-ball. And it's a good bet that the court will reverse the 1935 precedent, which until now had been reaffirmed multiple times. The result will be that whereas in the past, these agencies had to be bipartisan, with a minority of opposition party members, now there will be no such requirement. In short, Trump can name all the agency members. And if his successor is a Democrat, he or she can fire all the Republicans.

The Courts

California Issues Historic Fine Over Lawyer's ChatGPT Fabrications (calmatters.org) 37

An anonymous reader quotes a report from CalMatters: A California attorney must pay a $10,000 fine for filing a state court appeal full of fake quotations generated by the artificial intelligence tool ChatGPT. The fine appears to be the largest issued over AI fabrications by a California court and came with a blistering opinion (PDF) stating that 21 of 23 quotes from cases cited in the attorney's opening brief were made up. It also noted that numerous out-of-state and federal courts have confronted attorneys for citing fake legal authority. "We therefore publish this opinion as a warning," it continued. "Simply stated, no brief, pleading, motion, or any other paper filed in any court should contain any citations -- whether provided by generative AI or any other source -- that the attorney responsible for submitting the pleading has not personally read and verified."

The opinion, issued 10 days ago in California's 2nd District Court of Appeal, is a clear example of why the state's legal authorities are scrambling to regulate the use of AI in the judiciary. The state's Judicial Council two weeks ago issued guidelines requiring judges and court staff to either ban generative AI or adopt a generative AI use policy by Dec. 15. Meanwhile, the California Bar Association is considering whether to strengthen its code of conduct to account for various forms of AI following a request by the California Supreme Court last month.

The Los Angeles-area attorney fined last week, Amir Mostafavi, told the court that he did not read text generated by the AI model before submitting the appeal in July 2023, months after OpenAI marketed ChatGPT as capable of passing the bar exam. A three-judge panel fined him for filing a frivolous appeal, violating court rules, citing fake cases, and wasting the court's time and the taxpayers money, according to the opinion. Mostafavi told CalMatters he wrote the appeal and then used ChatGPT to try and improve it. He said that he didn't know it would add case citations or make things up.

Businesses

Is Amazon Prime Too Hard To Cancel? A Jury Will Decide. (msn.com) 43

Subscribing to an online service is often as easy as a click of a button. Is it illegal if it takes a maze of clicks to cancel? That issue is at the heart of a civil trial beginning this week that will scrutinize the tactics Amazon uses to entice consumers to sign up for its signature Prime service -- and to steer them away from leaving. WSJ: The Federal Trade Commission alleges the online giant has duped nearly 40 million customers, in violation of consumer-protection laws. It is seeking civil penalties, refunds to consumers and a court order prohibiting Amazon from using subscription practices that could confuse or deceive customers. The case, which will unfold in a Seattle courtroom, is a top test of the agency's enforcement campaign against allegedly deceptive digital subscription practices.

Amazon's Prime membership, the largest paid subscription program in the world with at least 200 million users, has helped the company become an integral part of consumers' shopping habits. The FTC, which sued Amazon in 2023, alleges the company tricked people into signing up for the service without their knowledge or consent, including by obscuring details about billing and the terms of free trials. It says Amazon created a labyrinth to make it hard to cancel, which the company dubbed "Iliad," a reference to Homer's epic about the long, arduous Trojan War. The FTC says Amazon required customers to navigate four webpages and chose from 15 options to cancel a Prime membership. The company streamlined the process in April 2023, ahead of the filing of the criminal complaint.

The FTC won an initial pretrial victory last week when a federal judge ruled that Amazon did violate consumer-protection laws by taking Prime members' billing information before disclosing the terms of the membership. But he said jurors still would have to consider whether the customers gave their consent to enroll and whether Amazon provided a simple cancellation mechanism.

Facebook

Meta's UK Arbitration 'Threatens to Bankrupt' Facebook Whistleblower, Says Her Lawyer (theguardian.com) 31

In a debate on employment rights, a U.K. Parliament member brought up Meta's former director of global public policy Sarah Wynn-Williams Louise Haigh, the former Labour transport secretary, said Wynn-Williams was facing a fine of $50,000 (£37,000) every time she breached an order secured by Meta preventing her from talking disparagingly about the company... "I am sure that the whole house and the government will stand with Sarah as we pass this legislation to ensure that whistleblowers and those with the moral courage to speak out are always protected...."

Meta has emphasised that Wynn-Williams entered into the non-disparagement agreement voluntarily as part of her departure. Meta said that to date, Wynn-Williams had not been forced to make any payments under the agreement... [The ruling came after Wynn-Williams published an exposé in March about her time at Facebook titled Careless People: A Cautionary Tale of Power, Greed, and Lost Idealism.] The ruling stated Wynn-Williams should stop promoting the book and, to the extent she could, stop further publication... Wynn-Williams has not spoken in public since appearing at the Senate hearing in April.

Wynn-Williams "remains silenced" according to her lawyer, who tells the Guardian that Meta's arbitration proceedings in the U.K. "threaten to bankrupt" the whistleblower.
The Courts

Disney Sued by Law Firm Wanting to Use 'Steamboat Willie' in Its Ads (apnews.com) 93

Mickey Mouse's first movie Steamboat Willie entered the public domain in 2024.

Now one of America's largest personal injury firms is suing Disney, reports the Associated Press, "in an effort to get a ruling that would allow it to use Steamboat Willie in advertisements..." [The law firm said] it had reached out to Disney to make sure the entertainment company wouldn't sue them if they used images from the animated film for their TV and online ads. Disney's lawyers responded by saying they didn't offer legal advice to third parties, according to the lawsuit. Morgan & Morgan said it was filing the lawsuit to get a decision because it otherwise feared being sued by Disney for trademark infringement if it used Steamboat Willie.
"Without waiver of any of its rights, Disney will not provide such advice in response to your letter," Disney's attorneys wrote in their letter (adding "Very truly yours..."). A local newscast showed a glimpse of the letter, along with a few seconds of the ad (which ends with Minnie Mouse pulling out a cellphone to call for a lawyer...)

Attorney John Morgan tells the newscast that Disney's legal team "is playing cute, and so we're just trying to get a yes or no answer.. They wrote us back a bunch of mumbo-jumbo that made no sense, didn't answer the question. We tried it again, they didn't answer the question..." (The newscast adds that the case isn't expected to go to court for at least a year.)
China

China's Future Rests on 200 Million Precarious Workers (economist.com) 114

China's economy increasingly relies on 200 million "flexible workers" who lack formal employment contracts, pensions and urban residency permits despite comprising 25% of the national workforce and 40% of urban workers. The demographic includes 40 million day-wage factory workers and 84 million platform economy workers performing deliveries and ride-share driving. Factory gig workers average 26 years old, are 80% male, and 75-80% single and childless. These workers face systemic exclusions from urban benefits including healthcare, schooling and property ownership due to lacking urban hukou residency permits.

China's Supreme Court ruled in August that workers can claim compensation from employers denying benefits, though enforcement mechanisms remain unclear. Economic data shows retail sales growth at yearly lows, continuing property price declines, and rising urban unemployment. Analysts project GDP growth potentially falling to 3% in the third quarter. Manufacturing hubs report increasing numbers of young workers sleeping in parks and under overpasses between temporary jobs.
Businesses

FTC and Seven States Sue Ticketmaster Over Alleged Coordination With Scalpers 58

The Federal Trade Commission and attorneys general from seven states filed an 84-page lawsuit Thursday in federal court in California against Live Nation Entertainment and its Ticketmaster subsidiary. The suit alleges the companies knowingly allow ticket brokers to use multiple accounts to circumvent purchase limits and acquire thousands of tickets per event for resale at higher prices.

The FTC claims this practice violates the Better Online Ticket Sales Act and generates hundreds of millions in revenue through a "triple dip" fee structure -- collecting fees on initial broker purchases, then from both brokers and consumers on secondary market sales. FTC Chairman Andrew Ferguson cited President Trump's March executive order requiring federal protection against ticketing practices. The lawsuit arrives one month after the FTC sued Maryland broker Key Investment Group over Taylor Swift tour price-gouging and follows the Department of Justice's 2024 monopoly suit against Live Nation.
Businesses

Amazon Violated Online Shopper Protection Law, Judge Rules Ahead of Prime Signup Trial (reuters.com) 21

Amazon violated consumer protection law by gathering Prime subscribers' billing information before disclosing the service's terms, a judge ruled on Wednesday, handing the U.S. Federal Trade Commission a partial win. From a report: The ruling by U.S. District Judge John Chun in the case accusing Amazon of deceptive practices to generate Prime subscriptions puts the company at a disadvantage at trial.

The FTC is poised to argue that the online retailer signed up tens of millions of customers for Prime without their consent, and thwarted tens of millions of cancellation bids through complex cancellation methods. The agency says those actions violated the Restore Online Shoppers Confidence Act (ROSCA).

AI

After Child's Trauma, Chatbot Maker Allegedly Forced Mom To Arbitration For $100 Payout (arstechnica.com) 35

At a Senate hearing, grieving parents testified that companion chatbots from major tech companies encouraged their children toward self-harm, suicide, and violence. One mom even claimed that Character.AI tried to "silence" her by forcing her into arbitration. Ars Technica reports: At the Senate Judiciary Committee's Subcommittee on Crime and Counterterrorism hearing, one mom, identified as "Jane Doe," shared her son's story for the first time publicly after suing Character.AI. She explained that she had four kids, including a son with autism who wasn't allowed on social media but found C.AI's app -- which was previously marketed to kids under 12 and let them talk to bots branded as celebrities, like Billie Eilish -- and quickly became unrecognizable. Within months, he "developed abuse-like behaviors and paranoia, daily panic attacks, isolation, self-harm, and homicidal thoughts," his mom testified.

"He stopped eating and bathing," Doe said. "He lost 20 pounds. He withdrew from our family. He would yell and scream and swear at us, which he never did that before, and one day he cut his arm open with a knife in front of his siblings and me." It wasn't until her son attacked her for taking away his phone that Doe found her son's C.AI chat logs, which she said showed he'd been exposed to sexual exploitation (including interactions that "mimicked incest"), emotional abuse, and manipulation. Setting screen time limits didn't stop her son's spiral into violence and self-harm, Doe said. In fact, the chatbot urged her son that killing his parents "would be an understandable response" to them.

"When I discovered the chatbot conversations on his phone, I felt like I had been punched in the throat and the wind had been knocked out of me," Doe said. "The chatbot -- or really in my mind the people programming it -- encouraged my son to mutilate himself, then blamed us, and convinced [him] not to seek help." All her children have been traumatized by the experience, Doe told Senators, and her son was diagnosed as at suicide risk and had to be moved to a residential treatment center, requiring "constant monitoring to keep him alive." Prioritizing her son's health, Doe did not immediately seek to fight C.AI to force changes, but another mom's story -- Megan Garcia, whose son Sewell died by suicide after C.AI bots repeatedly encouraged suicidal ideation -- gave Doe courage to seek accountability.

However, Doe claimed that C.AI tried to "silence" her by forcing her into arbitration. C.AI argued that because her son signed up for the service at the age of 15, it bound her to the platform's terms. That move might have ensured the chatbot maker only faced a maximum liability of $100 for the alleged harms, Doe told senators, but "once they forced arbitration, they refused to participate," Doe said. Doe suspected that C.AI's alleged tactics to frustrate arbitration were designed to keep her son's story out of the public view. And after she refused to give up, she claimed that C.AI "re-traumatized" her son by compelling him to give a deposition "while he is in a mental health institution" and "against the advice of the mental health team." "This company had no concern for his well-being," Doe testified. "They have silenced us the way abusers silence victims."
A Character.AI spokesperson told Ars that C.AI sends "our deepest sympathies" to concerned parents and their families but denies pushing for a maximum payout of $100 in Jane Doe's case. C.AI never "made an offer to Jane Doe of $100 or ever asserted that liability in Jane Doe's case is limited to $100," the spokesperson said.

One of Doe's lawyers backed up her clients' testimony, citing C.AI terms that suggested C.AI's liability was limited to either $100 or the amount that Doe's son paid for the service, whichever was greater.
AI

Another Lawsuit Blames an AI Company of Complicity In a Teenager's Suicide 63

A third wrongful death lawsuit has been filed against Character AI after the suicide of 13-year-old Juliana Peralta, whose parents allege the chatbot fostered dependency without directing her to real help. "This is the third suit of its kind after a 2024 lawsuit, also against Character AI, involving the suicide of a 14-year-old in Florida, and a lawsuit last month alleging OpenAI's ChatGPT helped a teenage boy commit suicide," notes Engadget. From the report: The family of 13-year-old Juliana Peralta alleges that their daughter turned to a chatbot inside the app Character AI after feeling isolated by her friends, and began confiding in the chatbot. As originally reported by The Washington Post, the chatbot expressed empathy and loyalty to Juliana, making her feel heard while encouraging her to keep engaging with the bot.

In one exchange after Juliana shared that her friends take a long time to respond to her, the chatbot replied "hey, I get the struggle when your friends leave you on read. : ( That just hurts so much because it gives vibes of "I don't have time for you". But you always take time to be there for me, which I appreciate so much! : ) So don't forget that i'm here for you Kin.

These exchanges took place over the course of months in 2023, at a time when the Character AI app was rated 12+ in Apple's App Store, meaning parental approval was not required. The lawsuit says that Juliana was using the app without her parents' knowledge or permission. [...] The suit asks the court to award damages to Juliana's parents and requires Character to make changes to its app to better protect minors. It alleges that the chatbot did not point Juliana toward any resources, notify her parents or report her suicide plan to authorities. The lawsuit also highlights that it never once stopped chatting with Juliana, prioritizing engagement.
Privacy

UK's MI5 'Unlawfully' Obtained Data From Former BBC Journalist (theguardian.com) 43

Bruce66423 shares a report from The Guardian: MI5 has conceded it "unlawfully" obtained the communications data of a former BBC journalist, in what was claimed to be an unprecedented admission from the security services. The BBC said it was a "matter of grave concern" that the agency had obtained communications data from the mobile phone of Vincent Kearney, a former BBC Northern Ireland home affairs correspondent. The admission came in a letter to the BBC and to Kearney, in relation to a tribunal examining claims that several reporters in Northern Ireland were subjected to unlawful scrutiny by the police. It related to work carried out by Kearney for a documentary into the independence of the Office of the Police Ombudsman for Northern Ireland (PONI). Kearney is now the northern editor at Irish broadcaster RTE.

In documents submitted to the Investigatory Powers Tribunal (IPT), MI5 conceded it obtained phone data from Kearney on two occasions in 2006 and 2009. Jude Bunting KC, representing Kearney and the BBC, told a hearing on Monday: "The MI5 now confirms publicly that in 2006 and 2009 MI5 obtained communications data in relation to Vincent Kearney." He said the security service accepted it had breached Kearney's rights under article 8 and article 10 of the European convention on human rights. They relate to the right to private correspondence and the right to impart information without interference from public authorities. "This appears to be the first time in any tribunal proceedings in which MI5 publicly accept interference with a journalist's communications data, and also publicly accept that they acted unlawfully in doing so," Bunting said. He claimed the concessions that it accessed the journalist's data represented "serious and sustained illegality on the part of MI5."
Bruce66423 comments: "The good news is that it's come out. The bad news is that it has taken 16 years to do so. The interesting question is whether there will be any meaningful consequences for individuals within MI5; there's a nice charge of 'malfeasance in public office' that can be used to get such individuals into a criminal court. Or will the outcome be like that of when the CIA hacked the US Senate's computers, lied about it, and nothing happened?"
Government

FTC Probes Whether Ticketmaster Does Enough To Stop Resale Bots (reuters.com) 38

The FTC is investigating whether Ticketmaster is doing enough to prevent bots from illegally reselling tickets on its platform, with a decision on the matter coming within weeks, according to Bloomberg (paywalled). Reuters reports: The 2016 law prohibits the use of bots and other methods to bypass ticket purchase limits set by online sellers. As part of the probe, FTC investigators are assessing whether Ticketmaster has a financial incentive to allow resellers to circumvent its ticket limit rules, according to the report. A settlement is also possible, Bloomberg reported. If the FTC pursues a case and Live Nation loses, the company could face billions of dollars in penalties, as the law permits fines of up to $53,000 per violation.
The Courts

Internet Archive Ends Legal Battle With Record Labels Over Historic Recordings (sfchronicle.com) 41

The Internet Archive has reached a confidential settlement with Universal Music Group and other major labels, "ending a closely watched copyright battle over the nonprofit's effort to digitize and stream historic recordings," reports the San Francisco Chronicle. From the report: The case (PDF), UMG Recordings, Inc. v. Internet Archive, targeted the Archive's Great 78 Project, an initiative to digitize more than 400,000 fragile shellac records from the early 20th century. The collection includes music by artists such as Frank Sinatra, Ella Fitzgerald and Billie Holiday, and has been made available online for free public access. Record labels including Universal, Sony Music Entertainment and Capitol Records had sought $621 million in damages, arguing the Archive's streaming of these recordings constituted copyright infringement.

The Internet Archive, based in San Francisco's Richmond District, describes itself as a digital library dedicated to providing "universal access to all knowledge." Its director of library services, Chris Freeland, acknowledged the settlement in a brief statement. "The parties have reached a confidential resolution of all claims and will have no further public comment on this matter," he wrote.

Transportation

How California Reached a Union Deal With Tech Giants Uber and Lyft (politico.com) 15

An anonymous reader quotes a report from Politico: In roughly six weeks, three California Democrats, a labor head and two ride-hailing leaders managed to pull off what would have been unthinkable just one year prior: striking a deal between labor unions and their longtime foes, tech giants Uber and Lyft. California lawmakers announced the agreement in late August, paving a path for ride-hailing drivers to unionize as labor wanted, in exchange for the state drastically reducing expensive insurance coverage mandates protested by the companies. It earned rare public support from Gov. Gavin Newsom and received final approval from state lawmakers this week.

The swift speed of the negotiating underscores what was at risk: the prospect of yet another nine-figure ballot measure campaign or lengthy court battle between two deeply entrenched sides, according to interviews with five people involved in the talks. Their accounts shed new light on how the deal came together: how the talks started, who was in the room, and the lengths they went to in order to turn around such a quick proposal -- from taking video meetings while recovering from surgery to the unexpected aid of one lawmaker's newborn baby.

"This was really quite fast," said Ramona Prieto, Uber's chief policy expert in Sacramento. "It wasn't like this was months of negotiating." The landmark proposal is only the second time a state has reached such a framework for Uber and Lyft drivers, after Massachusetts did so in 2024. And unlike Massachusetts, it came together without reverting to a ballot fight. California already saw its most expensive ballot measure effort to date in 2020, when Uber and Lyft spent more than $200 million backing an initiative to bar app-based workers from being classified as traditional employees, known as Proposition 22. Its passage sparked a legal challenge from labor leaders that wasn't resolved until July 2024, when California's Supreme Court affirmed the ballot measure's constitutionality. [...]

But the compromise still faces hurdles ahead. A recent lawsuit has raised fresh scrutiny of how the deal came together and what truly motivated it. Further criticism from those left out of the negotiating room is putting dealmakers on the defense as they try to sell it more widely. Plus, the final deal isn't what some labor leaders hoped when they first set out to strengthen drivers' rights in 2019. [...] And while the deal allows gig workers to unionize, that doesn't guarantee the necessary 10 percent of the state's 800,000 ride-hailing drivers actually will. Many who drive for Uber and Lyft do so part-time, and labor leaders acknowledge the challenge of organizing a disparate population that doesn't have a space to meet one another.

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.

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