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Paul Merrell

Federal Court Rules Suspicionless Searches of Travelers' Phones and Laptops Unconstitut... - 1 views

  • n a major victory for privacy rights at the border, a federal court in Boston ruled today that suspicionless searches of travelers’ electronic devices by federal agents at airports and other U.S. ports of entry are unconstitutional. The ruling came in a lawsuit, Alasaad v. McAleenan, filed by the American Civil Liberties Union (ACLU), Electronic Frontier Foundation (EFF), and ACLU of Massachusetts, on behalf of 11 travelers whose smartphones and laptops were searched without individualized suspicion at U.S. ports of entry.“This ruling significantly advances Fourth Amendment protections for millions of international travelers who enter the United States every year,” said Esha Bhandari, staff attorney with the ACLU’s Speech, Privacy, and Technology Project. “By putting an end to the government’s ability to conduct suspicionless fishing expeditions, the court reaffirms that the border is not a lawless place and that we don’t lose our privacy rights when we travel.”
  • The district court order puts an end to Customs and Border Control (CBP) and Immigration and Customs Enforcement (ICE) asserted authority to search and seize travelers’ devices for purposes far afield from the enforcement of immigration and customs laws. Border officers must now demonstrate individualized suspicion of illegal contraband before they can search a traveler’s device. The number of electronic device searches at U.S. ports of entry has increased significantly. Last year, CBP conducted more than 33,000 searches, almost four times the number from just three years prior. International travelers returning to the United States have reported numerous cases of abusive searches in recent months. While searching through the phone of Zainab Merchant, a plaintiff in the Alasaad case, a border agent knowingly rifled through privileged attorney-client communications. An immigration officer at Boston Logan Airport reportedly searched an incoming Harvard freshman’s cell phone and laptop, reprimanded the student for friends’ social media postings expressing views critical of the U.S. government, and denied the student entry into the country following the search.For the order:https://www.eff.org/document/alasaad-v-nielsen-summary-judgment-order For more on this case:https://www.eff.org/cases/alasaad-v-duke
Paul Merrell

Dept. of Justice Accuses Google of Illegally Protecting Monopoly - The New York Times - 1 views

  • The Justice Department accused Google on Tuesday of illegally protecting its monopoly over search and search advertising, the government’s most significant challenge to a tech company’s market power in a generation and one that could reshape the way consumers use the internet.In a much-anticipated lawsuit, the agency accused Google of locking up deals with giant partners like Apple and throttling competition through exclusive business contracts and agreements.Google’s deals with Apple, mobile carriers and other handset makers to make its search engine the default option for users accounted for most of its dominant market share in search, the agency said, a figure that it put at around 80 percent.“For many years,” the agency said in its 57-page complaint, “Google has used anticompetitive tactics to maintain and extend its monopolies in the markets for general search services, search advertising and general search text advertising — the cornerstones of its empire.”The lawsuit, which may stretch on for years, could set off a cascade of other antitrust lawsuits from state attorneys general. About four dozen states and jurisdictions, including New York and Texas, have conducted parallel investigations and some of them are expected to bring separate complaints against the company’s grip on technology for online advertising. Eleven state attorneys general, all Republicans, signed on to support the federal lawsuit.
  • The Justice Department did not immediately put forward remedies, such as selling off parts of the company or unwinding business contracts, in the lawsuit. Such actions are typically pursued in later stages of a case.Ryan Shores, an associate deputy attorney general, said “nothing is off the table” in terms of remedies.
  • Democratic lawmakers on the House Judiciary Committee released a sprawling report on the tech giants two weeks ago, also accusing Google of controlling a monopoly over online search and the ads that come up when users enter a query.
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  • Google last faced serious scrutiny from an American antitrust regulator nearly a decade ago, when the Federal Trade Commission investigated whether it had abused its power over the search market. The agency’s staff recommended bringing charges against the company, according to a memo reported on by The Wall Street Journal. But the agency’s five commissioners voted in 2013 not to bring a case.Other governments have been more aggressive toward the big tech companies. The European Union has brought three antitrust cases against Google in recent years, focused on its search engine, advertising business and Android mobile operating system. Regulators in Britain and Australia are examining the digital advertising market, in inquiries that could ultimately implicate the company.“It’s the most newsworthy monopolization action brought by the government since the Microsoft case in the late ’90s,” said Bill Baer, a former chief of the Justice Department’s antitrust division. “It’s significant in that the government believes that a highly successful tech platform has engaged in conduct that maintains its monopoly power unlawfully, and as a result injures consumers and competition.”
Paul Merrell

Elon Musk wants brain implants to merge humans with artificial intelligence | Science |... - 0 views

  • Elon Musk and his team of boffins are exploring ways in which they can connect a computer interface to the mind. The South African-born billionaire claims to have already trialled the revolutionary device on a monkey which was able to control the computer with its brain. Mr Musk said at a presentation on Tuesday: “A monkey has been able to control the computer with his brain.”
  • NeuraLink describes the device as “sewing machine-like”. The system implants ultra-thin threads deep into the brain’s nervous system.The company has applied to US regulators in the hopes of beginning trials on humans next year.Primarily, the firm states that initially it wants to help people with severe neurological conditions, but as with all of his companies, Mr Musk is aiming for more and sees humanity’s future as having “superhuman cognition”.The device in question, which is nameless so far, will see the tiny thread fitted with 3,000 electrodes which can monitor the activity of 1,000 neurons.
  • Mr Musk hopes the product will be on the market within four years.
Paul Merrell

House Lawmakers Condemn Big Tech's 'Monopoly Power' and Urge Their Breakups - The New Y... - 0 views

  • House lawmakers who spent the last 16 months investigating the practices of the world’s largest technology companies said on Tuesday that Amazon, Apple, Facebook and Google had exercised and abused their monopoly power and called for the most sweeping changes to antitrust laws in half a century.In a 449-page report that was presented by the House Judiciary Committee’s Democratic leadership, lawmakers said the four companies had turned from “scrappy” start-ups into “the kinds of monopolies we last saw in the era of oil barons and railroad tycoons.” The lawmakers said the companies had abused their dominant positions, setting and often dictating prices and rules for commerce, search, advertising, social networking and publishing.The House ReportRead the full report here »
  • To amend the inequities, the lawmakers recommended restoring competition by effectively breaking up the companies, emboldening the agencies that police market concentration and throwing up hurdles for the companies to acquire start-ups. They also proposed reforming antitrust laws, in the biggest potential shift since the Hart-Scott-Rodino Act of 1976 created stronger reviews of big mergers.
Paul Merrell

Four Attorneys General Sue Google Over Privacy Claims - The New York Times - 0 views

  • Three states and the District of Columbia allege that the tech giant misled consumers by continuing to track those who had changed their privacy settings to prevent data collection.
  • Google is also fighting an antitrust lawsuit led by Texas in which states have accused the company of obtaining and abusing a monopoly over the systems that allow publishers to auction off ad space to marketers. On Friday, Google asked a federal court to dismiss the lawsuit.The lawsuits add to a mounting offensive by regulators to curtail the power and business practices of Silicon Valley giants like Google, Facebook, Amazon and Apple. State and federal regulators have filed dozens of antitrust, consumer protection, privacy and trade lawsuits in an attempt to curb the business models or break up the companies. A Senate committee last week advanced potentially landmark antitrust legislation that tries to weaken the dominance of the internet giants.
Paul Merrell

Cyberstalking, pig masks, and cockroaches: Former eBay execs are sentenced - 0 views

  • The former Senior Director of Safety & Security at eBay, and the company’s former Director of Global Resiliency, have been sentenced to prison for their roles in a cyberstalking campaign. The targets of the campaign were the editor and publisher of a newsletter that eBay executives viewed as critical of the company.
  • For those that missed the reason for these sentences, we’ll need a quick rewind to 2019. Many see this letter by a hedge fund demanding better results from eBay as a direct cause for what followed. The letter caused some stress among eBay management, and for some reason they saw the negative reviews by EcommerceBytes as an obstacle that was holding their desired success back. EcommerceBytes was and is a resource for sellers on a number of platforms that enable users to sell items online. The website was set up by a couple that were both e-commerce bloggers. The eBay management team at the time was very unhappy with the criticism it got on the site. A third victim of their attention was the handler of a Twitter account named Fidomaster.
  • It was not that EcommerceBytes focused on ebay. Lots of similar companies featured in its e-commerce newsletter. Only the eBay employees felt the need to act and tried to silence them. A campaign was launched by eBay’s staff to harass and threaten the critics. This campaign featured packages being sent containing cockroaches, a bloody pig mask and pornography, death threats, physical surveillance, and late-night pizza deliveries. A full recount of what they had to go through makes for a gruesome read.
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  • Together with five other employees, the two staff members and the chief communications officer were fired in 2020, after eBay hired a law firm to investigate the harassment. The US Department of Justice charged seven of the former ebay employees and contractors with conspiracy to commit cyberstalking and conspiracy to tamper with witnesses. They all pleaded guilty. The only two that were arrested at the time were the executives that have now been sentenced. One of their former co-conspirators was sentenced in July 2021 to 18 months in prison, while four others are awaiting sentencing.
  • The former senior director of safety and security was sentenced to 57 months in prison and two years of supervised release. He was also ordered to pay a fine of $40,000. The former director of global resiliency was sentenced to two years in prison and two years of supervised release. He was also ordered to pay a fine of $20,000.
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