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Power

Judge Tosses Criminal Charges Against South Carolina Nuclear Executive - But Case May Continue (apnews.com) 41

An anonymous reader shared this report from the Associated Press: A judge has ordered criminal charges dropped against the final executive accused of lying about problems building two nuclear reactors in South Carolina that were abandoned without generating a watt of power. The judge tossed the charges Wednesday because ratepayers of the utility that lost billions of dollars on the project were improperly allowed on the grand jury that indicted Westinghouse Electric Co. executive Jeffrey Benjamin. But federal judge Mary Geiger Lewis also ruled that nothing is stopping prosecutors from properly seeking another indictment. "We're not going away," said assistant U.S. Attorney Winston Holliday, who said prosecutors are still reviewing the ruling to decide their next steps...

The project fell apart in 2017 after nearly a decade of work, when executives and regulators determined construction of the reactors was so hopelessly behind schedule they could not get nearly $2 billion of tax breaks needed to help pay for the work. SCANA contracted with Westinghouse to build the reactors. Prosecutors said Benjamin , who was in charge of major projects, knew of delays and cost overruns but lied to regulators, utility executives and others. The lies led to electric rate increases while keeping the price of SCANA's stock from plummeting...

Two former SCANA executives have been sentenced to federal prison after pleading guilty to their roles in lying to ratepayers, regulators and investors. Former CEO Kevin Marsh received two years while chief operating officer Stephen Byrne was sentenced to 15 months. Former Westinghouse project director Carl Churchman has pleaded guilty to lying to FBI agents investigating the project's failure and is awaiting sentencing.

The Courts

Federal Judge Clears Way for US Antitrust Case Against Google (msn.com) 32

The Washington Post reports: A federal judge said the Department of Justice's landmark case alleging Google's dominance over the online search business is anti-competitive can go ahead, throwing out some of the government's claims but ruling that a trial is still necessary.

Google had asked for the judge to make a ruling before the trial, which is scheduled for September.

Some of the government's claims, including those put together by a consortium of state attorneys general that argued the way Google designed its search engine page was unfairly harming competitors like Yelp, were dismissed. But D.C. District Court Judge Amit Mehta said the allegations that Google's overall business practices constitute a monopoly that violates the 1890 Sherman Antitrust Act still deserve a trial. "This is a significant victory for Google, knocking out several claims and narrowing the range of activities at issue for trial," said David Olson, an associate professor and antitrust expert at Boston College's law school. "Having said that, the strongest claims against Google remain, so Google still remains at risk of a significant antitrust ruling against it."

The trial will be a major test for Google and the massive business empire it has assembled over the past two decades. The company is still the dominant portal to the internet, exercising immense power over what people see online... The eventual ruling will also be seen as a test for the U.S. government's more aggressive posture on antitrust.

Businesses

SoftBank Sues Former IRL CEO For Fraud (theinformation.com) 14

SoftBank sued former IRL CEO Abraham Shafi and five siblings and cousins for allegedly misleading the investor about the messaging app's growth, prompting the Japanese conglomerate to buy $150 million worth of shares in the company in 2021 at the height of a pandemic-fueled consumer internet boom. The Information: SoftBank said Shafi and his family members defrauded investors by lying about the company's millions of users, which were actually bots. The lawsuit said the defendants deleted data and communications about the fraud after U.S. securities regulators began investigating the company following a report in The Information questioning the user figures. Last month, The Information reported the company was being shut down following an external investigation initiated by its board of directors that found 95% of its users were fake. The conduct described in the lawsuit, including allegedly deleting evidence during a federal investigation, could put Shafi in further legal trouble.
Australia

Australians Fight for the Right To Work From Home Permanently (reuters.com) 75

As corporate leaders call for an end to pandemic-era remote work arrangements, unions in Australia are setting a precedent and fighting back, taking to court the country's biggest bank and wrangling with the federal government to demand WFH, as it is known, to become the norm. From a report: "All the deep changes in the Australian labour market have come out of crises. When you have a jolt, you never return to the way the world was," said John Buchanan, head of the University of Sydney's Health and Work Research Network. "We're always ahead of the pack in the English-speaking world, say compared to the UK, US, New Zealand." Empowered by the lowest unemployment rate in half a century, staff at Commonwealth Bank of Australia took the A$170 billion ($114 billion) lender to the industrial tribunal to challenge a directive to work from the office half of the time.
Piracy

Reddit Beats Film Industry, Won't Have To Identify Users Who Admitted Torrenting (arstechnica.com) 55

An anonymous reader quotes a report from Ars Technica: Film companies lost another attempt to force Reddit to identify anonymous users who discussed piracy. A federal court on Saturday quashed a subpoena (PDF) demanding users' names and other identifying details, agreeing with Reddit's argument that the film companies' demands violate the First Amendment. The plaintiffs are 20 producers of popular movies who are trying to prove that Internet service provider Grande is liable for its subscribers' copyright infringement because the ISP allegedly ignores piracy on its network. Reddit isn't directly involved in the copyright case. But the film companies filed a motion to compel Reddit to respond to a subpoena demanding "basic account information including IP address registration and logs from 1/1/2016 to present, name, email address and other account registration information" for six users who wrote comments on Reddit threads in 2011 and 2018.

"The issue is whether that discovery is permissible despite the users' right to speak anonymously under the First Amendment," US Magistrate Judge Laurel Beeler wrote in her ruling against the film copyright holders. "The court denies the motion because the plaintiffs have not demonstrated a compelling need for the discovery that outweighs the users' First Amendment right to anonymous speech." The film companies seeking Reddit users' identities include After II Movie LLC, Bodyguard Productions, Hitman 2 Productions, Millennium Funding, Nikola Productions, Rambo V Productions, and Dallas Buyers Club LLC. As Beeler's ruling on Saturday noted, they sought the identities of two users who wrote about torrenting on Grande's network in 2018 [...]. The companies also sought identities of four users who commented in a 2011 thread. "I have grande. No issues with torrent or bandwidth caps," one user comment said. Another Reddit user wrote, "I have torrented like a motherfucker all over grande and have never seen anything." Reddit's filing (PDF) pointed out that the statute of limitations for copyright infringement is three years. The film companies said (PDF) the statute of limitations is irrelevant to whether the comments can provide evidence in the case against Grande.

The Courts

Facebook To Unmask Anonymous Dutch User Accused of Repeated Defamatory Posts (arstechnica.com) 71

An anonymous reader quotes a report from Ars Technica: Starting today, Facebook users may feel a little less safe posting anonymously. The Court of the Hague in The Netherlands ruled that Meta Ireland must unmask an anonymous user accused of defaming the claimant, a male Facebook user who allegedly manipulated and made secret recordings of women he dated. The anonymous Facebook user posted the allegedly defamatory statements in at least two private Facebook groups dedicated to discussing dating experiences. The claimant could not gain access but was shown screenshots from the groups, one with about 2,600 members and one with around 61,000 members. The claimant argued that his reputation had suffered from the repeated postings that included photos of the man and alleged screenshots of his texts.

The claimant tried to get Meta to remove the posts, but Meta responded with an email saying that it would not do so because "it is not clear to us that the content you reported is unlawful as defamation." At that point, Meta suggested that the man contact the anonymous user directly to resolve the matter, triggering the lawsuit against Meta. Initially, the claimant asked the court to order Meta to delete the posts, identify the anonymous user, and flag any posts in other private Facebook groups that could defame the claimant. While arguing the case, Meta had defended the anonymous user's right to freedom of expression, but the court decided that the claimant -- whose name is redacted in court documents -- deserved an opportunity to challenge the allegedly defamatory statements. Partly for that reason, the court ordered Meta to provide "basic subscriber information" on the anonymous user, including their username, as well as any names, email addresses, or phone numbers associated with their Facebook account. The court did not order Meta to remove the posts or flag any others that may have been shared in private groups, though.

Meta has already agreed to comply with the order, the court's ruling said. However, if Meta fails to provide the Facebook user's identifying information, the social media company risks a penalty of approximately $1,200 daily. The maximum fine that Meta could face is less than $130,000. [...] Meta's defense of the anonymous user's right to free speech failed, the court said, because freedom of speech is not unlimited. "Someone who, without evidence, repeatedly makes serious and clearly traceable accusations, must take into account, partly in the light of the conditions applied by Facebook, that he or she may be confronted with a measure whereby his or her anonymity is lifted," the court order said. Although the key concern for The Court in the Hague appeared to be that the statements posted anonymously were plausibly defamatory, the order also noted that the content would not have to necessarily be unlawful for Facebook to be ordered to identify the user posting it. "According to settled case law, under certain circumstances Meta has an obligation to provide identifying data, even if the content of the relevant messages is not unmistakably unlawful," the court order said.

Privacy

US Spies Are Lobbying Congress To Save a Phone Surveillance 'Loophole' (wired.com) 30

An effort by United States lawmakers to prevent government agencies from domestically tracking citizens without a search warrant is facing opposition internally from one of its largest intelligence services. From a report: Republican and Democratic aides familiar with ongoing defense-spending negotiations in Congress say officials at the National Security Agency (NSA) have approached lawmakers charged with its oversight about opposing an amendment that would prevent it from paying companies for location data instead of obtaining a warrant in court. Introduced by US representatives Warren Davidson and Sara Jacobs, the amendment would prohibit US military agencies from "purchasing data that would otherwise require a warrant, court order, or subpoena" to obtain. The ban would cover more than half of the US intelligence community, including the NSA, the Defense Intelligence Agency, and the newly formed National Space Intelligence Center, among others.

The House approved the amendment in a floor vote over a week ago during its annual consideration of the National Defense Authorization Act, a "must-pass" bill outlining how the Pentagon will spend next year's $886 billion budget. Negotiations over which policies will be included in the Senate's version of the bill are ongoing. In a separate but related push last week, members of the House Judiciary Committee voted unanimously to advance legislation that would extend similar restrictions against the purchase of Americans' data across all sectors of government, including state and local law enforcement. Known as the "Fourth Amendment Is Not For Sale Act," the bill will soon be reintroduced in the Senate as well by one of its original 2021 authors, Ron Wyden, the senator's office confirmed. "Americans of all political stripes know their Constitutional rights shouldn't disappear in the digital age," Wyden says, adding that there is a "deep well of support" for enshrining protections against commercial data grabs by the government "into black-letter law."

United States

FTC Readies Lawsuit That Could Break Up Amazon 62

The Federal Trade Commission is finalizing its long-awaited antitrust lawsuit against Amazon, POLITICO reported Tuesday, citing people with knowledge of the matter, a move that could ultimately break up parts of the company. From the report: The FTC has been investigating the company on a number of fronts, and the coming case would be one of the most aggressive and high-profile moves in the Biden administration's rocky effort to tame the power of tech giants. The wide-ranging lawsuit is expected as soon as August, and will likely challenge a host of Amazon's business practices, said the people, who were granted anonymity to discuss a confidential matter. If successful, it could lead to a court-ordered restructuring of the $1.3 trillion empire and define the legacy of FTC Chair Lina Khan.

Khan rose to prominence as a Big Tech skeptic with a 2017 academic paper specifically identifying Amazon as a modern monopolist needing to be reined in. Because any case will likely take years to wind through the courts, the final result will rest with her successors. The exact details of the final lawsuit are not known, and changes to the final complaint are expected until the eleventh hour. But personnel throughout the agency, including Khan herself, have homed in on several of Amazon's business practices, said some of the people.
Earth

Lawsuit Says US Environmental Agency Ignores Harm of Biofuel Production (theguardian.com) 100

An anonymous reader writes: The US biofuel program is probably killing endangered species and harming the environment in a way that negates its benefits, but the US Environmental Protection Agency (EPA) is largely ignoring those problems, a new federal lawsuit charges. The suit alleges the EPA failed to consider impacts on endangered species, as is required by law, when it set new rules that will expand biofuel use nationwide during the next three years, said Brett Hartl, government affairs director with the Center for Biological Diversity (CBD), which brought the litigation.

The agency has twice ignored court orders to study the impacts and is probably dodging the requirements because ethanol production "props up" the corn industry, which has a politically powerful lobby, Hartl added. "The Biden administration failed to even modestly reform this boondoggle and crumbled again in the face of political pressure from powerful special interests," Hartl said. "Our streams and rivers will choke with more pollution and coastal dead zones will continue to expand." The EPA said in a statement that it does not comment on ongoing litigation. About 40% of all corn grown in the US is used for ethanol production, and nearly half is used as animal feed.

Bitcoin

Binance, Billionaire Zhao To Seek Dismissal of CFTC Lawsuit (bloomberg.com) 17

Binance, its founder Changpeng Zhao and the crypto exchange's former Chief Compliance Officer Samuel Lim plan to seek the dismissal of a Commodity Futures Trading Commission lawsuit. From a report: The response to the CFTC complaint is due July 27 and the defendants intend to submit motions to dismiss, according to a court filing on Monday. They also sought permission to exceed a 15-page limit on supporting briefs, citing the complexity of the case and the number of arguments they anticipate making. The CFTC in March alleged that Binance and CEO Zhao, also known as CZ, routinely broke US derivatives rules as the firm grew to be the world's largest digital-asset trading platform.

Binance should have registered with the agency years ago and continues to violate the CFTC's rules, the regulator said at the time. The crypto platform previously described the CFTC lawsuit as "unexpected and disappointing." The US Securities & Exchange Commission last month accused Binance and Zhao of mishandling customer funds, misleading investors and regulators, and breaking securities rules. Binance has said that it intends to defend its platform "vigorously."

Power

US Pulls Authorization for Lithium Exploration Project in Southern Nevada, Citing Wildlife (apnews.com) 145

Tuesday North America's largest lithium mining operation cleared its last legal hurdle in federal appeals court, giving a green light to the mining of 6,000 acres in an 18,000-acre project site near Nevada's northern border.

But meanwhile, in Southern Nevada... Federal land managers have formally withdrawn their authorization of a Canadian mining company's lithium exploration project bordering a national wildlife refuge in southern Nevada after conservationists sought a court order to block it.

The Center for Biological Diversity and the Amargosa Conservancy said in a lawsuit filed July 7 that the project on the edge of the Ash Meadows National Wildlife Refuge outside Las Vegas posed an illegal risk to a dozen fish, snail and plant species currently protected under the Endangered Species Act. They filed an additional motion this week in federal court seeking a temporary injunction prohibiting Rover Metals from initiating the drilling of 30 bore sites in search of the highly sought-after metal used to manufacture batteries for electric vehicles.

But before a judge in Las Vegas could rule on the request, the Bureau of Land Management notified Rover Metals on Wednesday that its earlier acceptance of the company's notice of its intent to proceed "was in error... The agency has concluded that proposed operations are likely to result in disturbance to localized groundwaters that supply the connected surface waters associated with Threatened and Endangered species in local springs," said Angelita Bulletts, district manager of the bureau's southern Nevada district...

Conservationists said the reversal provides at least a temporary reprieve for the lush oasis in the Mojave Desert that is home to 25 species of fish, plants, insects and snails that are found nowhere else on Earth — one of the highest concentrations of endemic species in North America at one of the hottest, driest places on the planet.

The article ends with this quote from a director at the Center for Biological Diversity and the Amargosa Conservancy. "We need lithium for our renewable energy transition, but this episode sends a message loud and clear that some places are just too special to drill."
AI

AI Watches Millions of Cars and Tells Cops if You Might Be a Criminal (forbes.com) 155

Forbes' senior writer on cybersecurity writes on the "warrantless monitoring of citizens en masse" in the United States.

Here's how county police armed with a "powerful new AI tool" identified the suspicious driving pattern of a grey Chevy owned by David Zayas: Searching through a database of 1.6 billion license plate records collected over the last two years from locations across New York State, the AI determined that Zayas' car was on a journey typical of a drug trafficker. According to a Department of Justice prosecutor filing, it made nine trips from Massachusetts to different parts of New York between October 2020 and August 2021 following routes known to be used by narcotics pushers and for conspicuously short stays. So on March 10 last year, Westchester PD pulled him over and searched his car, finding 112 grams of crack cocaine, a semiautomatic pistol and $34,000 in cash inside, according to court documents. A year later, Zayas pleaded guilty to a drug trafficking charge.

The previously unreported case is a window into the evolution of AI-powered policing, and a harbinger of the constitutional issues that will inevitably accompany it... Westchester PD's license plate surveillance system was built by Rekor, a $125 million market cap AI company trading on the NASDAQ. Local reporting and public government data reviewed by Forbes show Rekor has sold its ALPR tech to at least 23 police departments and local governments across America, from Lauderhill, Florida to San Diego, California. That's not including more than 40 police departments across New York state who can avail themselves of Westchester County PD's system, which runs out of its Real-Time Crime Center... It also runs the Rekor Public Safety Network, an opt-in project that has been aggregating vehicle location data from customers for the last three years, since it launched with information from 30 states that, at the time, were reading 150 million plates per month. That kind of centralized database with cross-state data sharing, has troubled civil rights activists, especially in light of recent revelations that Sacramento County Sheriff's Office was sharing license plate reader data with states that have banned abortion...

The ALPR market is growing thanks to a glut of Rekor rivals, including Flock, Motorola, Genetec, Jenoptik and many others who have contracts across federal and state governments. They're each trying to grab a slice of a market estimated to be worth at least $2.5 billion... In pursuit of that elusive profit, the market is looking beyond law enforcement to retail and fast food. Corporate giants have toyed with the idea of tying license plates to customer identities. McDonalds and White Castle have already begun using ALPR to tailor drive-through experiences, detecting returning customers and using past orders to guide them through the ordering process or offer individualized promotion offers. The latter restaurant chain uses Rekor tech to do that via a partnership with Mastercard.

A senior staff attorney at the ACLU tells Forbes that "The scale of this kind of surveillance is just incredibly massive."

Thanks to long-time Slashdot reader Geek_Cop for sharing the article.
The Almighty Buck

FTX Lobbyist Tried to Buy Pacific Island to Create a New Superspecies, Lawsuit Says (cnbc.com) 76

An anonymous reader shared this report from CNBC: Sam Bankman-Fried's younger brother, who was a top lobbyist for failed crypto exchange FTX, considered purchasing the island nation of Nauru in the Pacific to create a fortified apocalypse bunker state, a lawsuit filed in Delaware bankruptcy court shows.

Gabe Bankman-Fried was looking at buying Nauru in the "event where 50%-99.99% of people die" to protect his philanthropic allies and create a genetically enhanced human species, according to the suit filed Thursday by attorneys from Sullivan & Cromwell, which is seeking to recover billions of dollars following the collapse of FTX... Along with an unnamed philanthropic officer of FTX, Gabe Bankman-Fried considered buying Nauru, in part to foster "sensible regulation around human genetic enhancement, and build a lab there...."

In addition to serving as a haven in case of apocalypse, "probably there are other things it's useful to do with a sovereign country, too," according to a memo between the younger Bankman-Fried and the philanthropic advisor, which was noted in the suit.

"A representative for Nauru confirmed the island nation was not and has never been for sale."
Emulation (Games)

Dolphin Emulator Abandons Steam Release Plans After Nintendo Legal Threat (arstechnica.com) 16

An anonymous reader quotes a report from Ars Technica: A few months ago, the developers behind the Wii/GameCube emulator Dolphin said they were indefinitely postponing a planned Steam release, after Steam-maker Valve received a request from Nintendo to take down the emulator's "coming soon" page. This week, after consulting with a lawyer, the team says it has decided to abandon its Steam distribution plans altogether. "Valve ultimately runs the store and can set any condition they wish for software to appear on it," the team wrote in a blog post on Thursday. "In the end, Valve is the one running the Steam storefront, and they have the right to allow or disallow anything they want on said storefront for any reason."

The Dolphin team also takes pains to note that this decision was not the result of an official DMCA notice sent by Nintendo. Instead, Valve reached out to Nintendo to ask about the planned Dolphin release, at which point a Nintendo lawyer cited the DMCA in asking Valve to take down the page. At that point, the Dolphin team says, Valve "told us that we had to come to an agreement with Nintendo in order to release on Steam... But given Nintendo's long-held stance on emulation, we find Valve's requirement for us to get approval from Nintendo for a Steam release to be impossible. Unfortunately, that's that." "As for Nintendo, this incident just continues their existing stance towards emulation," the post continues. "We don't think that this incident should change anyone's view of either company."

Despite the disappointing result for the Steam release, the Dolphin team is adamant that "we do not believe that Dolphin is in any legal danger." That's despite the emulator's inclusion of the Wii Common Key, which could run afoul of the DMCA's anti-circumvention provisions. The Dolphin Team notes that the Wii Common Key has been freely shared across the Internet since its initial discovery and publication in 2008. And while that key has been in the Dolphin code base since 2009, "no one has really cared," the team writes. [...] With what they believe is a firm legal footing, the team writes that Dolphin development will continue away from Steam, but including a number of UI and quality of life features originally designed for the Steam release. Meanwhile, emulators like RetroArch and the innovative 3dSen continue to be available on Steam, with no immediate sign of a further crackdown from Valve or Nintendo.

AT&T

AT&T May Have Nearly 200,000 Miles of Lead-Covered Phone Cables Across US (arstechnica.com) 103

An anonymous reader quotes a report from Ars Technica: AT&T's legacy telephone network may have nearly 200,000 miles of lead-covered cables, according to an estimate by AT&T submitted in a court filing. "Based on its records, AT&T estimates that lead-clad cables represent less than 10 percent of its copper footprint of roughly two million sheath miles of cable, the overwhelming majority of which remains in active service," AT&T wrote in a court filing yesterday in US District Court for the Eastern District of California. "More than two thirds of its lead-clad cabling is either buried or in conduit, followed by aerial cable, and with a very small portion running underwater. There are varying costs of installation, maintenance, and removal by cable type (aerial, buried, buried in conduit, underwater)."

Reacting to the court filing, financial analyst firm Raymond James & Associates wrote in a research note, "AT&T is telling us that the total exposure is 200,000 route miles or less." With about two-thirds of the lead cables either buried or installed inside conduit, "We believe the implication for AT&T's data is that the route miles that should be addressed most immediately is about 3.3 percent (or less)," the analyst firm wrote. AT&T's new court filing came in a case filed against AT&T subsidiary Pacific Bell by the California Sportfishing Protection Alliance (CSPA) in January 2021. The sportfishing group sued AT&T over cables that are allegedly "damaged and discharging lead into Lake Tahoe."

The two underwater cables run along the bottom of the western side of Lake Tahoe for a total of eight miles. AT&T "contends that it stopped using the Cables in or around the 1980s or earlier, that the Easements therefore have terminated, and that Defendant no longer owns the Cables," according to a November 2021 settlement. AT&T agreed in that settlement to remove the cables but now says it is at an "impasse" with the CSPA regarding removal. "In this matter, AT&T has always maintained that its lead-clad telecommunications cables pose no danger to those who work and play in the waters of Lake Tahoe, but in 2021, AT&T agreed to remove them simply to avoid the expense of litigation," an AT&T lawyer at the firm Paul Hastings wrote yesterday in a letter to the plaintiff that was attached to the court filing. [...]

AT&T's stance that it won't remove the Lake Tahoe cables any time soon is apparently a surprise to the plaintiff. The CSPA said in a court filing last week that in a Zoom meeting on July 10, "AT&T confirmed that it is prepared to commence the removal process on September 6, 2023, as long as the new permit request that AT&T submitted to State Parks in May is approved by State Park." AT&T's filing said the company never "confirmed" that it is prepared to start the cable removal process on September 6. The CSPA argues that the lead-covered cables "have leached, are leaching, and will continue to leach lead into the waters of Lake Tahoe, and that such leaching may present an imminent and substantial endangerment to human health or the environment."
Last week, the Wall Street Journal published an investigative report that found evidence of more than 2,000 lead-covered telephone cables installed across the U.S. Teleco stock prices plummeted as a result, since the remediation could cost the telecom industry $60 billion.

While members of Congress are putting pressure on telecom companies to act, AT&T does appear to be taking new actions as a result of the investigation. "AT&T is working with union partners to add a voluntary testing program for any employee who works with or has worked with lead-clad cables," which "expands on AT&T's previous practice of providing blood-lead testing for technicians involved in lead-clad cable removal," the company said in its letter to the plaintiff yesterday. AT&T said it is also conducting new testing and site visits at certain locations.

AT&T's stock slid to a 30-year low following the news.
United States

Federal Ruling Approves Construction of North America's Largest Lithium Mine (npr.org) 82

schwit1 shares a report from NPR: In a blow to tribes, a U.S. appeals court has denied a last ditch legal effort to block construction of what's expected to be the largest lithium mine in North America on federal land in Nevada. In a decision Monday, the Ninth Circuit Court of Appeals ruled that the U.S. government did not violate federal environmental laws when it approved Lithium Nevada's Thacker Pass mine in the waning days of the Trump administration. Lithium is a key component of electric vehicle batteries, and despite pressure from west coast Paiute tribes and environmentalists, the Biden administration did not reverse the decision and had continued to advocate for the mine, which would be located on remote federal land near the Nevada-Oregon border.

Several area tribes and environmental groups have tried to block or delay the Thacker Pass mine for more than two years. Among their arguments was that federal land managers fast tracked it without proper consultation with Indian Country. "They rushed this project through during COVID and essentially selected three tribes to talk to instead of the long list of tribes that they had talked to in the past," Rick Eichstaedt, an attorney for the Burns Paiute Tribe, said in an interview late last month. But in their ruling, the Ninth Circuit judges responded that only after the mine was approved by federal land managers did it become known that some tribes consider the land sacred. Full construction of the mine is expected to begin in earnest this summer.

Businesses

VanMoof, the Most Funded E-bike Company in the World, Declared Bankrupt (theverge.com) 89

VanMoof -- the independent e-bike maker that once bragged about being the "most funded e-bike company in the world" -- has been declared bankrupt in the Netherlands. The company had entered into a so-called "suspension of payment" proceeding with court-assigned administrators just last week. From a report: According to a statement released by VanMoof, the court of Amsterdam withdrew the suspension of payment proceeding of the Dutch legal entities VanMoof Global Holding BV, VanMoof BV and VanMoof Global Support BV, and declared each entity bankrupt. VanMoof legal entities outside the Netherlands are not in insolvency proceedings. Two administrators have been appointed as trustees and are continuing to assess the situation at VanMoof and the possibility of a restart. That includes exploring an asset sale to a third party so that VanMoof could continue operations.

So basically, a company could buy up VanMoof's operations and assets without having to take responsibility for the company's outstanding debt. The bankruptcy decision came quickly, despite the court having previously issued a two month cooling off period that protected VanMoof from creditors. It's understood that this can happen in cases where administrators can easily see that a company has exhausted all available cash and any options for financing and sale.

Facebook

Meta Faces a $100,000 Daily Fine If It Doesn't Fix Privacy Issues In Norway (engadget.com) 26

Norway's data protection regulator has accused Meta of violating user privacy by tracking their activities, threatening to fine the company $100,000 per day if it fails to take corrective action. "It is so clear that this is illegal that we need to intervene now and immediately," said Tobias Judin, head of Norway's privacy commission, Datatilsynet. Engadget reports: The move follows a European court ruling banning Meta from harvesting user data like location, behavior and more for advertising. Datatilsynet has referred its actions to Europe's Data Protection Board, which could widen the fine across Europe. The aim is to put "additional pressure" on Meta, Judin said. (Norway is a member of the European single market, but not technically an EU member.)

Meta told Reuters that it's reviewing Datatilsynet's decision and that the decision wouldn't immediately impact its services. "We continue to constructively engage with the Irish DPC, our lead regulator in the EU, regarding our compliance with its decision," a spokesperson said. "The debate around legal bases has been ongoing for some time and businesses continue to face a lack of regulatory certainty in this area."

Businesses

Can Airline Seating Get Any Worse? 'A New Form of Torture Chamber' (wsj.com) 182

Passengers have flooded the FAA with complaints about narrow seats and scant legroom. From a report: Passengers have been sounding off for years about airline seating -- no legroom, thin cushions, too narrow. Now politicians are listening. A bill introduced in Congress last month to update aircraft evacuation standards would compel federal regulators to study seat sizes and spacing. Tito Echeverria, who used to travel frequently as a plant manager for a manufacturing company, has had too many awkward interactions with other squished travelers. "You end up having to consistently rub legs with someone, even though you're not really trying to," said Echeverria, 32, from Ontario, Calif. "You're just freaking there next to them."

U.S. regulations cover aisle width and the number of seats allowed on planes, but not minimum seat sizes. The Federal Aviation Administration has said in court it isn't required to set seat standards unless it finds they are necessary to protect passenger safety. In late 2019 and early 2020, it simulated emergency evacuations and found seat size and spacing didn't adversely affect the process. Last year, the FAA sought public feedback on whether seat sizes posed safety issues, and it got an earful. More than 26,000 public comments poured in over a three-month stretch. "Airplane seat sizes are appalling," one commenter wrote. "They are built for people from the '40s and '50s. They cannot remotely accommodate a person over 6 feet or 200 pounds. It's literally painful to fly today."

Transportation

Teenager Denied Flight Boarding for 'Skiplagging', the Money-Saving Lifehack Airlines Hate (ktla.com) 338

"Logan Parson's first flight by himself ended with airport officials taking the teenager into custody and whisking him away into an interrogation room," reports the Independent. The teen was "denied boarding to an American Airlines flight," reports the Washington Post. "He hadn't committed a crime, nor was he accused of being unruly.

"His offense? Attempting to make use of a money-saving hack that gutsy fliers use every year." Direct flights to major cities are so expensive, it can actually be cheaper to book a flight with stops in two cities — and then skip the flight to that second city. The Post points out that while passengers can save money with this so-called "hidden-city ticket" trick — or skiplagging — "most carriers regard it as a form of fraud."

From North Carolina TV station WJZY: In a statement to WJZY, American Airlines said, "Purchasing a ticket without intending to fly all flights to gain lower fares (hidden city ticketing) is a violation of American Airlines terms and conditions and is outlined in our Conditions of Carriage online...." Other major airlines, like Delta and United, also prohibit hidden city ticketing. Even [skip-lagging resource] Skip Lagged warns there may be consequences of hidden city ticketing, like your checked luggage moving on to the final destination instead of where you stop or losing frequent flyer miles you've accrued.
The Arizona Republic adds: According to American and Southwest's contracts of carriage, they can cancel any unused part of a ticket, refuse to let the passenger and their bags fly, not issue a refund and charge the customer for what the ticket would have cost for the full route. Airlines may ban a passenger from flying with them in the future.

Some airlines have challenged the practice in court but without success. In November 2014, United Airlines sued Skiplagged.com and its founder in court, claiming trademark infringement, according to court documents. A judge dismissed the suit the following year.

The Washington Post shares another warning: Chris Dong, a Los Angeles-based travel writer and points expert who used to skiplag, says you especially can't do this on a round-trip flight. "Airlines will cancel your return flight if you're a 'no show' for any segment of a booked itinerary," Dong said in an email.
While the teen's father told WJZY that his son was "interrogated a little bit" before being "taken to a security room," American Airline says their records don't show that the teen was taken to a security room. Instead, they've told the Post that "Our records indicate the customer was questioned only at the ticket counter about their travel, while attempting to check-in for their flight." The fact that the teen was denied boarding underscores how serious airlines take skiplagging. It makes sense, since the practice saps revenue from them on two fronts: Not only do passengers underpay — potentially by hundreds of dollars per ticket — but the seat on the tossed leg could have been sold to someone else. Most contracts of carriage from major airlines expressly forbid skiplagging as a result.
The Post also got this quote from Clint Henderson, an industry expert and managing editor for the Points Guy. "The airlines are getting increasingly sophisticated and smart about it. I expect that will get even more prevalent as technology improves further."

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