Facebook

At Trial, Instagram Co-founder Says Zuckerberg Withheld Resources Over 'Threat' Fears (nytimes.com) 20

An anonymous reader shares a report: Kevin Systrom, the co-founder of Instagram, testified on Tuesday in a landmark federal antitrust trial that he left Meta in 2018 because his company was denied resources. The government has argued that Meta purchased Instagram in 2012 as part of a "buy-or-bury strategy" to illegally cement its social media monopoly by killing off its rivals. Last week, current and former Meta executives testified that the social media giant, formerly known as Facebook, used its deep pockets to invest in Instagram after its purchase.

In testimony at the U.S. District Court of the District of Columbia, Mr. Systrom painted a different picture, saying he left Meta because Mark Zuckerberg, the chief executive, wasn't investing enough. At that time, Instagram had grown to 1 billion users, about 40 percent of Facebook's size, yet the photo-sharing app had only 1,000 employees compared to 35,000 employees at Facebook, he said. "We were by far the fastest growing team. We produced the most revenue and relative to what we should have been at the time, I felt like we should have been much larger," said Mr. Systrom, who is expected to testify for six hours.

Mr. Systrom said he found the decisions baffling. When asked by an F.T.C. lawyer why Mr. Zuckerberg might have decided to give Instagram fewer resources, Mr. Systrom said it was a consistent pattern during his tenure at Meta. "Mark was not investing in Instagram because he believed we were a threat to their growth," he said, referring to Mr. Zuckerberg's prioritization of Facebook.

Google

Google Pays Samsung 'Enormous Sums' for Gemini AI App Installs (msn.com) 27

Google pays Samsung an "enormous sum of money" every month to preinstall Google generative AI app, Gemini, on its phones and devices, according to court testimony, even though the company's practice of paying for installations has twice been found to violate the law. From a report: The company began paying Samsung for Gemini in January, according to Peter Fitzgerald, Google's vice president of platforms and device partnerships, who testified Monday in Washington federal court as part of the Justice Department's antitrust case. The contract, set to run at least two years, provides fixed monthly payments for each device that preinstalls Gemini and pays Samsung a percentage of the revenue Google earns from advertisements within the app, Fitzgerald told Judge Amit Mehta, who is overseeing the case.
Google

Google Says DOJ Breakup Would Harm US In 'Global Race With China' (cnbc.com) 55

Google has argued in court that the U.S. Department of Justice's proposal to break up its Chrome and Android businesses would weaken national security and harm the country's position in the global AI race, particularly against China. CNBC reports: The remedies trial in Washington, D.C., follows a judge's ruling in August that Google has held a monopoly in its core market of internet search, the most-significant antitrust ruling in the tech industry since the case against Microsoft more than 20 years ago. The Justice Department has called for Google to divest its Chrome browser unit and open its search data to rivals.

Google said in a blog post on Monday that such a move is not in the best interest of the country as the global battle for supremacy in artificial intelligence rapidly intensifies. In the first paragraph of the post, Google named China's DeepSeek as an emerging AI competitor. The DOJ's proposal would "hamstring how we develop AI, and have a government-appointed committee regulate the design and development of our products," Lee-Anne Mulholland, Google's vice president of regulatory affairs, wrote in the post. "That would hold back American innovation at a critical juncture. We're in a fiercely competitive global race with China for the next generation of technology leadership, and Google is at the forefront of American companies making scientific and technological breakthroughs."

Google

Google Faces Off With US Government in Attempt To Break Up Company in Search Monopoly Case (apnews.com) 47

Google is confronting an existential threat as the U.S. government tries to break up the company as punishment for turning its revolutionary search engine into an illegal monopoly. From a report: The drama began to unfold Monday in a Washington courtroom as three weeks of hearings kicked off to determine how the company should be penalized for operating a monopoly in search. In its opening arguments, federal antitrust enforcers also urged the court to impose forward-looking remedies to prevent Google from using artificial intelligence to further its dominance. "This is a moment in time, we're at an inflection point, will we abandon the search market and surrender them to control of the monopolists or will we let competition prevail and give choice to future generations," said Justice Department attorney David Dahlquist.

The proceedings, known in legal parlance as a "remedy hearing," are set to feature a parade of witnesses that includes Google CEO Sundar Pichai. The U.S. Department of Justice is asking a federal judge to order a radical shake-up that would ban Google from striking the multibillion dollar deals with Apple and other tech companies that shield its search engine from competition, share its repository of valuable user data with rivals and force a sale of its popular Chrome browser. Google's attorney, John Schmidtlein, said in his opening statement that the court should take a much lighter touch. He said the government's heavy-handed proposed remedies wouldn't boost competition but instead unfairly reward lesser rivals with inferior technology. "Google won its place in the market fair and square," Schmidtlein said.

Privacy

Judge Rules Blanket Search of Cell Tower Data Unconstitutional (404media.co) 34

An anonymous reader quotes a report from 404 Media: A judge in Nevada has ruled that "tower dumps" -- the law enforcement practice of grabbing vast troves of private personal data from cell towers -- is unconstitutional. The judge also ruled that the cops could, this one time, still use the evidence they obtained through this unconstitutional search. Cell towers record the location of phones near them about every seven seconds. When the cops request a tower dump, they ask a telecom for the numbers and personal information of every single phone connected to a tower during a set time period. Depending on the area, these tower dumps can return tens of thousands of numbers. Cops have been able to sift through this data to solve crimes. But tower dumps are also a massive privacy violation that flies in the face of the Fourth Amendment, which protects people from unlawful search and seizure. When the cops get a tower dump they're not just searching and seizing the data of a suspected criminal, they're sifting through the information of everyone who was in the location. The ruling stems from a court case involving Cory Spurlock, a Nevada man charged with drug offenses and a murder-for-hire plot. He was implicated through a cellphone tower dump that law enforcement used to place his device near the scenes of the alleged crimes.

A federal judge ruled that the tower dump constituted an unconstitutional general search under the Fourth Amendment but declined to suppress the evidence, citing officers' good faith in obtaining a warrant. It marks the first time a court in the Ninth Circuit has ruled on the constitutionality of tower dumps, which in Spurlock's case captured location data from over 1,600 users -- many of whom had no way to opt out.
HP

HP Agrees To $4 Million Settlement Over Claims of 'Falsely Advertising' PCs, Keyboards 31

HP has agreed to a $4 million settlement over allegations of deceptive pricing practices on its website, including falsely inflating original prices for computers and accessories to create the illusion of steep discounts. Ars Technica reports: Earlier this month, Judge P. Casey Pitts for the US District Court of the San Jose Division of the Northern District of California granted preliminary approval [PDF] of a settlement agreement regarding a class-action complaint first filed against HP on October 13, 2021. The complaint accused HP's website of showing "misleading" original pricing for various computers, mice, and keyboards that was higher than how the products were recently and typically priced.

Per the settlement agreement [PDF], HP will contribute $4 million to a "non-reversionary common fund, which shall be used to pay the (i) Settlement Class members' claims; (ii) court-approved Notice and Settlement Administration Costs; (iii) court-approved Settlement Class Representatives' Service Award; and (iv) court-approved Settlement Class Counsel Attorneys' Fees and Costs Award. All residual funds will be distributed pro rata to Settlement Class members who submitted valid claims and cashed checks."

The two plaintiffs who filed the initial complaint may also file a motion to receive a settlement class representative service award for up to $5,000 each, which would come out of the $4 million pool. People who purchased a discounted HP desktop, laptop, mouse, or keyboard that was on sale for "more than 75 percent of the time the products were offered for sale" from June 5, 2021, to October 28, 2024, are eligible for compensation. The full list of eligible products is available here [PDF] and includes HP Spectre, Chromebook Envy, and Pavilion laptops, HP Envy and Omen desktops, and some mechanical keyboards and wireless mice. Depending on the product, class members can receive $10 to $100 per eligible product purchased.
Nintendo

How Nintendo's Legal Team Destroyed Atari Games Through Courtroom Strategy (mit.edu) 40

Nintendo's lawyers systematically dismantled Atari Games in a landmark 1989 legal battle that reshaped the gaming industry, killing off the Tengen brand until its surprise resurrection recently.

When Atari Games (operating as Tengen) attempted to circumvent Nintendo's control by reverse-engineering the NES security system, Nintendo's legal team discovered a fatal flaw in their rival's approach: Atari had fraudulently obtained Nintendo's proprietary code from the Copyright Office by falsely claiming they were defendants in a nonexistent lawsuit.

Though courts ultimately established that reverse engineering was legal under fair use principles, Atari's deception proved catastrophic. The judge invoked the centuries-old "unclean hands" doctrine, ruling that Atari could not claim fair use protection after approaching the court in bad faith.

"As a result of its lawyers' filthy hands, Atari was barred from manufacturing games for the NES. Nintendo, with its stronger legal team, subsequently 'bled Atari to death,'" writes tech industry attorney Julien Mailland. The court ordered the recall of Tengen's "Tetris" version, now a rare collector's item.

After a 30-year absence, Tengen Games returned in July 2024 with "Zed and Zee" for the NES, finally achieving what its predecessor was legally prohibited from doing.
Bitcoin

Canadian Math Prodigy Allegedly Stole $65 Million In Crypto (theglobeandmail.com) 85

A Canadian math prodigy is accused of stealing over $65 million through complex exploits on decentralized finance platforms and is currently a fugitive from U.S. authorities. Despite facing criminal charges for fraud and money laundering, he has evaded capture by moving internationally, embracing the controversial "Code is Law" philosophy, and maintaining that his actions were legal under the platforms' open-source rules. The Globe and Mail reports: Andean Medjedovic was 18 years old when he made a decision that would irrevocably alter the course of his life. In the fall of 2021, shortly after completing a master's degree at the University of Waterloo, the math prodigy and cryptocurrency trader from Hamilton had conducted a complex series of transactions designed to exploit a vulnerability in the code of a decentralized finance platform. The maneuver had allegedly allowed him to siphon approximately $16.5-million in digital tokens out of two liquidity pools operated by the platform, Indexed Finance, according to a U.S. court document.

Indexed Finance's leaders traced the attack back to Mr. Medjedovic, and made him an offer: Return 90 per cent of the funds, keep the rest as a so-called "bug bounty" -- a reward for having identified an error in the code -- and all would be forgiven. Mr. Medjedovic would then be free to launch his career as a white hat, or ethical, hacker. Mr. Medjedovic didn't take the deal. His social media posts hinted, without overtly stating, that he believed that because he had operated within the confines of the code, he was entitled to the funds -- a controversial philosophy in the world of decentralized finance known as "Code is Law." But instead of testing that argument in court, Mr. Medjedovic went into hiding. By the time authorities arrived on a quiet residential street in Hamilton to search his parents' townhouse less than two months later, Mr. Medjedovic had moved out, taking his electronic devices with him.

Then, roughly two years later, he struck again, netting an even larger sum -- approximately $48.4-million -- by conducting a similar exploit on another decentralized finance platform, U.S. authorities allege. Mr. Medjedovic, now 22, faces five criminal charges -- including wire fraud, attempted extortion and money laundering -- according to a U.S. federal court document that was unsealed earlier this year. If convicted, he could be facing decades in prison. First, authorities will have to find him.

AI

Publishers and Law Professors Back Authors in Meta AI Copyright Battle 14

Publishers and law professors have filed amicus briefs supporting authors who sued Meta over its AI training practices, arguing that the company's use of "thousands of pirated books" fails to qualify as fair use under copyright law.

The filings [PDF] in California's Northern District federal court came from copyright law professors, the International Association of Scientific, Technical and Medical Publishers (STM), Copyright Alliance, and Association of American Publishers. The briefs counter earlier support for Meta from the Electronic Frontier Foundation and IP professors.

While Meta's defenders pointed to the 2015 Google Books ruling as precedent, the copyright professors distinguished Meta's use, arguing Google Books told users something "about" books without "exploiting expressive elements," whereas AI models leverage the books' creative content.

"Meta's use wasn't transformative because, like the AI models, the plaintiffs' works also increased 'knowledge and skill,'" the professors wrote, warning of a "cascading effect" if Meta prevails. STM is specifically challenging Meta's data sources: "While Meta attempts to label them 'publicly available datasets,' they are only 'publicly available' because those perpetuating their existence are breaking the law."
Games

Ubisoft Argues Players Don't Own Their Games in Wake of The Crew Lawsuit (techspot.com) 124

Ubisoft has triggered fresh debate over digital ownership by claiming in court that customers who purchased The Crew never truly owned the game. The legal battle began when California plaintiffs sued after Ubisoft deactivated servers for the 2014 racing title, rendering it unplayable beyond a restricted demo version.

Unlike most delisted games where previously purchased copies remain accessible, Ubisoft completely removed The Crew from customers' libraries. The plaintiffs, who bought physical copies years ago, contend that Ubisoft misled consumers and point to competitors who provided offline modes for end-of-life titles.

Ubisoft counters that packaging clearly stated purchases only granted temporary licenses. The case has expanded to include claims about in-game currency qualifying as gift certificates under California law and activation codes promised to work until 2099.
Encryption

UK Effort To Keep Apple Encryption Fight Secret Is Blocked (msn.com) 28

A court has blocked a British government attempt to keep secret a legal case over its demand to access Apple user data. From a report: The UK Investigatory Powers Tribunal, a special court that handles cases related to government surveillance, said the authorities' efforts were a "fundamental interference with the principle of open justice" in a ruling issued on Monday. The development comes after it emerged in January that the British government had served Apple with a demand to circumvent encryption that the company uses to secure user data stored in its cloud services.

Apple challenged the request, while taking the unprecedented step of removing its advanced data protection feature for its British users. The government had sought to keep details about the demand -- and Apple's challenge of it -- from being publicly disclosed. Apple has regularly clashed with governments over encryption features that can make it difficult for law enforcement to access devices produced by the company. The world's most valuable company last year criticized UK surveillance powers as "unprecedented overreach" by the government.

Businesses

Makers of Rent-Setting Software Sue California City Over Ban (apnews.com) 95

Berkeley, California is "the latest city to try to block landlords from using algorithms when deciding rents," reports the Associated Press (noting that officials in many cities claim the practice is driving up the price of housing).

But then real estate software company RealPage filed a federal lawsuit against Berkeley on Wednesday: Texas-based RealPage said Berkeley's ordinance, which goes into effect this month, violates the company's free speech rights and is the result of an "intentional campaign of misinformation and often-repeated false claims" about its products.

The U.S. Department of Justice sued Realpage in August under former President Joe Biden, saying its algorithm combines confidential information from each real estate management company in ways that enable landlords to align prices and avoid competition that would otherwise push down rents. That amounts to cartel-like illegal price collusion, prosecutors said. RealPage's clients include huge landlords who collectively oversee millions of units across the U.S. In the lawsuit, the Department of Justice pointed to RealPage executives' own words about how their product maximizes prices for landlords. One executive said, "There is greater good in everybody succeeding versus essentially trying to compete against one another in a way that actually keeps the entire industry down."

San Francisco, Philadelphia and Minneapolis have since passed ordinances restricting landlords from using rental algorithms. The Department of Justice case remains ongoing, as do lawsuits against RealPage brought by tenants and the attorneys general of Arizona and Washington, D.C...

[On a conference call, RealPage attorney Stephen Weissman told reporters] RealPage officials were never given an opportunity to present their arguments to the Berkeley City Council before the ordinance was passed and said the company is considering legal action against other cities that have passed similar policies, including San Francisco.

RealPage blames high rents not on the software they make, but on a lack of housing supply...
AI

OpenAI's Motion to Dismiss Copyright Claims Rejected by Judge (arstechnica.com) 102

Is OpenAI's ChatGPT violating copyrights? The New York Times sued OpenAI in December 2023. But Ars Technica summarizes OpenAI's response. The New York Times (or NYT) "should have known that ChatGPT was being trained on its articles... partly because of the newspaper's own reporting..."

OpenAI pointed to a single November 2020 article, where the NYT reported that OpenAI was analyzing a trillion words on the Internet.

But on Friday, U.S. district judge Sidney Stein disagreed, denying OpenAI's motion to dismiss the NYT's copyright claims partly based on one NYT journalist's reporting. In his opinion, Stein confirmed that it's OpenAI's burden to prove that the NYT knew that ChatGPT would potentially violate its copyrights two years prior to its release in November 2022... And OpenAI's other argument — that it was "common knowledge" that ChatGPT was trained on NYT articles in 2020 based on other reporting — also failed for similar reasons...

OpenAI may still be able to prove through discovery that the NYT knew that ChatGPT would have infringing outputs in 2020, Stein said. But at this early stage, dismissal is not appropriate, the judge concluded. The same logic follows in a related case from The Daily News, Stein ruled. Davida Brook, co-lead counsel for the NYT, suggested in a statement to Ars that the NYT counts Friday's ruling as a win. "We appreciate Judge Stein's careful consideration of these issues," Brook said. "As the opinion indicates, all of our copyright claims will continue against Microsoft and OpenAI for their widespread theft of millions of The Times's works, and we look forward to continuing to pursue them."

The New York Times is also arguing that OpenAI contributes to ChatGPT users' infringement of its articles, and OpenAI lost its bid to dismiss that claim, too. The NYT argued that by training AI models on NYT works and training ChatGPT to deliver certain outputs, without the NYT's consent, OpenAI should be liable for users who manipulate ChatGPT to regurgitate content in order to skirt the NYT's paywalls... At this stage, Stein said that the NYT has "plausibly" alleged contributory infringement, showing through more than 100 pages of examples of ChatGPT outputs and media reports showing that ChatGPT could regurgitate portions of paywalled news articles that OpenAI "possessed constructive, if not actual, knowledge of end-user infringement." Perhaps more troubling to OpenAI, the judge noted that "The Times even informed defendants 'that their tools infringed its copyrighted works,' supporting the inference that defendants possessed actual knowledge of infringement by end users."

The Courts

AI Avatar Tries To Argue Case Before a New York Court (apnews.com) 24

An anonymous reader quotes a report from the Associated Press: It took only seconds for the judges on a New York appeals court to realize that the man addressing them from a video screen -- a person about to present an argument in a lawsuit -- not only had no law degree, but didn't exist at all. The latest bizarre chapter in the awkward arrival of artificial intelligence in the legal world unfolded March 26 under the stained-glass dome of New York State Supreme Court Appellate Division's First Judicial Department, where a panel of judges was set to hear from Jerome Dewald, a plaintiff in an employment dispute. "The appellant has submitted a video for his argument," said Justice Sallie Manzanet-Daniels. "Ok. We will hear that video now."

On the video screen appeared a smiling, youthful-looking man with a sculpted hairdo, button-down shirt and sweater. "May it please the court," the man began. "I come here today a humble pro se before a panel of five distinguished justices." "Ok, hold on," Manzanet-Daniels said. "Is that counsel for the case?" "I generated that. That's not a real person," Dewald answered. It was, in fact, an avatar generated by artificial intelligence. The judge was not pleased. "It would have been nice to know that when you made your application. You did not tell me that sir," Manzanet-Daniels said before yelling across the room for the video to be shut off. "I don't appreciate being misled," she said before letting Dewald continue with his argument.

Dewald later penned an apology to the court, saying he hadn't intended any harm. He didn't have a lawyer representing him in the lawsuit, so he had to present his legal arguments himself. And he felt the avatar would be able to deliver the presentation without his own usual mumbling, stumbling and tripping over words. In an interview with The Associated Press, Dewald said he applied to the court for permission to play a prerecorded video, then used a product created by a San Francisco tech company to create the avatar. Originally, he tried to generate a digital replica that looked like him, but he was unable to accomplish that before the hearing. "The court was really upset about it," Dewald conceded. "They chewed me up pretty good." [...] As for Dewald's case, it was still pending before the appeals court as of Thursday.

Businesses

Climate Firm That Partnered With Meta, Microsoft Goes Bankrupt (bloomberg.com) 18

Climate startup Aspiration, which boasted a roster of celebrity backers and arranged carbon credits for Meta Platforms, Microsoft and other large companies, filed bankruptcy weeks after its co-founder was arrested on fraud charges. From a report: CTN Holdings, as the company is now known, has about $170 million in debt. The goal of the bankruptcy is to sell its assets as quickly as possible in order to repay creditors, chief restructuring officer Miles Staglik said in a court filing. The pool of potential bidders is small and the nature of the CTN's ventures will likely require more cash and "long term horizons before any potential value could be realized for creditors," Staglik said.

The bankruptcy was filed after co-founder Joseph Sanberg was charged by federal prosecutors with conspiring to defraud two investor funds of at least $145 million, according to a US Department of Justice announcement earlier this month. The charges involve his personal conduct and don't implicate CTN or its affiliates "in any criminal activity," said Staglik, a managing director at CR3 Partners that's been hired as CTN's restructuring adviser.

Privacy

Alleged Deel Spy Confesses To Coordinating with Deel CEO Alex Bouaziz (newcomer.co) 8

Newcomer: Keith O'Brien, the man who allegedly spied for Deel while working at Rippling, is apparently clearing his conscience, according to a sworn Irish affidavit. O'Brien says in the affidavit that Deel paid him to spy on Rippling and that he coordinated directly with Deel's CEO, Alex Bouaziz.

For some background, Alex Bouaziz is Deel's CEO and Philippe Bouaziz is his father, Deel's CFO. Rippling, which competes directly with Deel, has sued Deel over the alleged spying.
O'Brien says in the affidavit: I decided to cooperate after I got a text from a friend on March 25, 2025 saying, "the truth will set you free." I was also driving with a family member to meet my solicitors and she told me that if I had done something wrong that I should "just tell the truth." I was having bad thoughts at the time; it was a horrible time for me. I was getting sick concealing this lie. I realised that I was harming myself and my family to protect Deel. I was concerned, and I am still concerned, about how wealthy and powerful Alex and Philippe are, but I know that what I was doing was wrong. After I spoke with my solicitors at Fenecas Law, I started to feel a sense of relief. I want to do what I can to start making amends and righting these wrongs. Deel CEO allegedly agreed to pay O'Brien 5000 euros a month.
Government

Substack Says It'll Legally Defend Writers 'Targeted By the Government' (theverge.com) 61

Substack has announced it will legally support foreign writers lawfully residing in the U.S. who face government targeting over their published work, partnering with the nonprofit FIRE to expand its existing Defender program. The Verge reports: In their announcement, Substack and FIRE mention the international Tufts University student who was arrested by federal agents last week. Her legal team links her arrest to an opinion piece she co-wrote for the school's newspaper last year, which criticized Tufts for failing to comply with requests to divest from companies with connections to Israel. "If true, this represents a chilling escalation in the government's effort to target critics of American foreign policy," Substack and FIRE write.

The initiative builds on Substack's Defender program, which already offers legal assistance for independent journalists and creators on the platform. The company says it has supported "dozens" of Substack writers facing claims of defamation and trademark infringement since it launched the program in the US in 2020. It has since brought Substack Defender to writers in Canada and the UK.

The Courts

Donkey Kong Champion Wins Defamation Case Against Australian YouTuber Karl Jobst (theguardian.com) 58

An anonymous reader quotes a report from The Guardian: A professional YouTuber in Queensland has been ordered to pay $350,000 plus interest and costs to the former world record score holder for Donkey Kong, after the Brisbane district court found the YouTuber had defamed him "recklessly" with false claims of a link between a lawsuit and another YouTuber's suicide. William "Billy" Mitchell, an American gamer who had held world records in Donkey Kong and Pac-Man going back to 1982, as recognized by the Guinness World Records and the video game database Twin Galaxies, brought the case against Karl Jobst, seeking $400,000 in general damages and $50,000 in aggravated damages.

Jobst, who makes videos about "speed running" (finishing games as fast as possible), as well as gaming records and cheating in games, made a number of allegations against Mitchell in a 2021 YouTube video. He accused Mitchell of cheating, and "pursuing unmeritorious litigation" against others who had also accused him of cheating, the court judgment stated. The court heard Mitchell was accused in 2017 of cheating in his Donkey Kong world records by using emulation software instead of original arcade hardware. Twin Galaxies investigated the allegation, and subsequently removed Mitchell's scores and banned him from participating in its competitions. The Guinness World Records disqualified Mitchell as a holder of all his records -- in both Donkey Kong and Pac-Man -- after the Twin Galaxies decision. The judgment stated that Jobst's 2021 video also linked the December 2020 suicide of another YouTuber, Apollo Legend, to "stress arising from [his] settlement" with Mitchell, and wrongly asserted that Apollo Legend had to pay Mitchell "a large sum of money."

Privacy

FTC Says 23andMe Purchaser Must Uphold Existing Privacy Policy For Data Handling (therecord.media) 28

The FTC has warned that any buyer of 23andMe must honor the company's current privacy policy, which ensures consumers retain control over their genetic data and can delete it at will. FTC Chair Andrew Ferguson emphasized that such promises must be upheld, given the uniquely sensitive and immutable nature of genetic information. The Record reports: The letter, sent to the DOJ's United States Trustee Program, highlights several assurances 23andMe makes in its privacy policy, including that users are in control of their data and can determine how and for what purposes it is used. The company also gives users the ability to delete their data at will, the letter says, arguing that 23andMe has made "direct representations" to consumers about how it uses, shares and safeguards their personal information, including in the case of bankruptcy.

Pointing to statements that the company's leadership has made asserting that user data should be considered an asset, Ferguson highlighted that 23andMe's privacy statement tells users it does not share their data with insurers, employers, public databases or law enforcement without a court order, search warrant or subpoena. It also promises consumers that it only shares their personal data in cases where it is needed to provide services, Ferguson added. The genetic testing and ancestry company is explicit that its data protection guidelines apply to new entities it may be sold or transferred to, Ferguson said.

Social Networks

Arkansas Social Media Age Verification Law Blocked By Federal Judge (engadget.com) 15

A federal judge struck down Arkansas' Social Media Safety Act, ruling it unconstitutional for broadly restricting both adult and minor speech and imposing vague requirements on platforms. Engadget reports: In a ruling (PDF), Judge Timothy Brooks said that the law, known as Act 689 (PDF), was overly broad. "Act 689 is a content-based restriction on speech, and it is not targeted to address the harms the State has identified," Brooks wrote in his decision. "Arkansas takes a hatchet to adults' and minors' protected speech alike though the Constitution demands it use a scalpel." Brooks also highlighted the "unconstitutionally vague" applicability of the law, which seemingly created obligations for some online services, but may have exempted services which had the "predominant or exclusive function [of]... direct messaging" like Snapchat.

"The court confirms what we have been arguing from the start: laws restricting access to protected speech violate the First Amendment," NetChoice's Chris Marchese said in a statement. "This ruling protects Americans from having to hand over their IDs or biometric data just to access constitutionally protected speech online." It's not clear if state officials in Arkansas will appeal the ruling. "I respect the court's decision, and we are evaluating our options," Arkansas Attorney general Tim Griffin said in a statement.

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