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That the New Zealand government engages in precisely the mass surveillance activities Key vehemently denied is now barely in dispute. Indeed, a former director of GCSB under Key, Sir Bruce Ferguson, while denying any abuse of New Zealander’s communications, now admits that the agency engages in mass surveillance.

Meanwhile, Russel Norman, the head of the country’s Green Party, said in response to these stories that New Zealand is “committing crimes” against its neighbors in the Pacific by subjecting them to mass surveillance, and insists that the Key government broke the law because that dragnet necessarily includes the communications of New Zealand citizens when they travel in the region.

So now that it’s proven that New Zealand does exactly that which Prime Minister Key vowed would cause him to resign if it were proven, is he preparing his resignation speech? No: that’s something a political official with a minimal amount of integrity would do. Instead — even as he now refuses to say what he has repeatedly said before: that GCSB does not engage in mass surveillance — he’s simply retracting his pledge as though it were a minor irritant, something to be casually tossed aside:

When asked late last week whether New Zealanders have a right to know what their government is doing in the realm of digital surveillance, the Prime Minister said: “as a general rule, no.” And he expressly refuses to say whether New Zealand is doing that which he swore repeatedly it was not doing, as this excellent interview from Radio New Zealand sets forth: Interviewer: “Nicky Hager’s revelations late last week . . . have stoked fears that New Zealanders’ communications are being indiscriminately caught in that net. . . . The Prime Minister, John Key, has in the past promised to resign if it were found to be mass surveillance of New Zealanders . . . Earlier, Mr. Key was unable to give me an assurance that mass collection of communications from New Zealanders in the Pacific was not taking place.” PM Key: “No, I can’t. I read the transcript [of former GCSB Director Bruce Ferguson’s interview] – I didn’t hear the interview – but I read the transcript, and you know, look, there’s a variety of interpretations – I’m not going to critique–”

Interviewer: “OK, I’m not asking for a critique. Let’s listen to what Bruce Ferguson did tell us on Friday:” Ferguson: “The whole method of surveillance these days, is sort of a mass collection situation – individualized: that is mission impossible.” Interviewer: “And he repeated that several times, using the analogy of a net which scoops up all the information. . . . I’m not asking for a critique with respect to him. Can you confirm whether he is right or wrong?” Key: “Uh, well I’m not going to go and critique the guy. And I’m not going to give a view of whether he’s right or wrong” . . . . Interviewer: “So is there mass collection of personal data of New Zealand citizens in the Pacific or not?” Key: “I’m just not going to comment on where we have particular targets, except to say that where we go and collect particular information, there is always a good reason for that.”

From “I will resign if it’s shown we engage in mass surveillance of New Zealanders” to “I won’t say if we’re doing it” and “I won’t quit either way despite my prior pledges.” Listen to the whole interview: both to see the type of adversarial questioning to which U.S. political leaders are so rarely subjected, but also to see just how obfuscating Key’s answers are. The history of reporting from the Snowden archive has been one of serial dishonesty from numerous governments: such as the way European officials at first pretended to be outraged victims of NSA only for it to be revealed that, in many ways, they are active collaborators in the very system they were denouncing. But, outside of the U.S. and U.K. itself, the Key government has easily been the most dishonest over the last 20 months: one of the most shocking stories I’ve seen during this time was how the Prime Minister simultaneously plotted in secret to exploit the 2013 proposed law to implement mass surveillance at exactly the same time that he persuaded the public to support it by explicitly insisting that it would not allow mass surveillance. But overtly reneging on a public pledge to resign is a new level of political scandal. Key was just re-elected for his third term, and like any political official who stays in power too long, he has the despot’s mentality that he’s beyond all ethical norms and constraints. But by the admission of his own former GCSB chief, he has now been caught red-handed doing exactly that which he swore to the public would cause him to resign if it were proven. If nothing else, the New Zealand media ought to treat that public deception from its highest political official with the level of seriousness it deserves.

The ISPs also challenged the government's breezy assumption that separating the data from the (equally revealing) metadata would be simple, not least because an Internet connection is typically being used for multiple services simultaneously, with data packets mixed together in a completely contingent way. Hare described a typical usage scenario for a teenager on their computer at home, where they are playing a game communicating with their friends using Steam; they are broadcasting the game using Twitch; and they may also be making a voice call at the same time too. "All those applications are running simultaneously," Hare said. "They are different applications using different servers with different services and different protocols. They are all running concurrently on that one machine." Even accessing a Web page is much more complicated than the government seems to believe, Hare pointed out. "As a webpage is loading, you will see that that webpage is made up of tens, or many tens, of individual sessions that have been created across the Internet just to load a single webpage. Bluntly, if you want to find out what someone is doing you need to be tracking all of that data all the time."

Hare raised another major issue. "If I was a software business ... I would be very worried that my customers would not buy my software any more if it had anything to do with security at all. I would be worried that a backdoor was built into the software by the [Investigatory Powers] Bill that would allow the UK government to find out what information was on that system at any point they wanted in the future." As Ars reported last week, the ability to demand that backdoors are added to systems, and a legal requirement not to reveal that fact under any circumstances, are two of the most contentious aspects of the new Investigatory Powers Bill. The latest comments from industry experts add to concerns that the latest version of the Snooper's Charter would inflict great harm on civil liberties in the UK, and also make security research well-nigh impossible here. To those fears can now be added undermining the UK software industry, as well as forcing the UK public to pay for the privilege of having their ISP carry out suspicionless surveillance.

Turning to the fair use question, the court first concluded that the full-text search function of the Hathitrust Digital Library was a “quintessentially transformative use,” and thus constituted fair use. The court said:the result of a word search is different in purpose, character, expression, meaning, and message from the page (and the book) from which it is drawn. Indeed, we can discern little or no resemblance between the original text and the results of the HDL full-text search.There is no evidence that the Authors write with the purpose of enabling text searches of their books. Consequently, the full-text search function does not “supersede[ ] the objects [or purposes] of the original creation.”Turning to the fourth fair use factor—whether the use functions as a substitute for the original work—the court rejected the argument that such use represents lost sales to the extent that it prevents the future development of a market for licensing copies of works to be used in full-text searches.However, the court emphasized that the search function “does not serve as a substitute for the books that are being searched.”

The court also rejected the argument that the database represented a threat of a security breach that could result in the full text of all the books becoming available for anyone to access. The court concluded that Hathitrust's assertions of its security measures were unrebutted.Thus, the full-text search function was found to be protected as fair use.

The court also concluded that allowing those with print disabilities access to the full texts of the works collected in the Hathitrust database was protected as fair use. Support for this conclusion came from the legislative history of the Copyright Act's fair use provision, 17 U.S.C. §107.

The manifesto also proposes that internet companies will have to pay a levy, like the one currently paid by gambling firms. Just like with gambling, that money will be used to pay for advertising schemes to tell people about the dangers of the internet, in particular being used to "support awareness and preventative activity to counter internet harms", according to the manifesto. The Conservatives will also seek to regulate the kind of news that is posted online and how companies are paid for it. If elected, Theresa May will "take steps to protect the reliability and objectivity of information that is essential to our democracy" – and crack down on Facebook and Google to ensure that news companies get enough advertising money. If internet companies refuse to comply with the rulings – a suggestion that some have already made about the powers in the Investigatory Powers Act – then there will be a strict and strong set of ways to punish them. "We will introduce a sanctions regime to ensure compliance, giving regulators the ability to fine or prosecute those companies that fail in their legal duties, and to order the removal of content where it clearly breaches UK law," the manifesto reads. In laying out its plan for increased regulation, the Tories anticipate and reject potential criticism that such rules could put people at risk.

"While we cannot create this framework alone, it is for government, not private companies, to protect the security of people and ensure the fairness of the rules by which people and businesses abide," the document reads. "Nor do we agree that the risks of such an approach outweigh the potential benefits."

Whether Apple customers have a real choice in mobile platforms, once they’ve bought into the company’s ecosystem, is another question. In theory, they could trade in their pricey hardware for devices that run Android, which offers equivalents of many iOS features and apps. In reality, Apple has built its empire on customer lock-in: making its own gadgets and services work seamlessly with one another, but not with those of rival companies. Tasks as simple as texting your friends can become a migraine-inducing mess when you switch from iOS to Android. The more Apple products you buy, the more onerous it becomes to abandon ship.

The case against Apple goes beyond iOS. At a time when Apple is trying to reinvent itself as a services company to offset plateauing hardware sales — pushing subscriptions to Apple Music, Apple TV+, Apple News+, and Apple Arcade, as well as its own credit card — the antitrust concerns are growing more urgent. Once a theoretical debate, the question of whether its App Store constitutes an illegal monopoly is now being actively litigated on multiple fronts.

The company faces an antitrust lawsuit from consumers; a separate antitrust lawsuit from developers; a formal antitrust complaint from Spotify in the European Union; investigations by the Federal Trade Commission and the Department of Justice; and an inquiry by the antitrust subcommittee of the U.S House of Representatives. At stake are not only Apple’s profits, but the future of mobile software.Apple insists that it isn’t a monopoly, and that it strives to make the app store a fair and level playing field even as its own apps compete on that field. But in the face of unprecedented scrutiny, there are signs that the famously stubborn company may be feeling the pressure to prove it.

Tile is hardly alone in its grievances. Apple’s penchant for copying key features of third-party apps and integrating them into its operating system is so well-known among developers that it has a name: “Sherlocking.” It’s a reference to the time—in the early 2000s—when Apple kneecapped a popular third-party web-search interface for Mac OS X, called Watson. Apple built virtually all of Watson’s functionality into its own feature, called Sherlock.In a 2006 blog post, Watson’s developer, Karelia Software, recalled how Apple’s then-CEO Steve Jobs responded when they complained about the company’s 2002 power play. “Here’s how I see it,” Jobs said, according to Karelia founder Dan Wood’s loose paraphrase. “You know those handcars, the little machines that people stand on and pump to move along on the train tracks? That’s Karelia. Apple is the steam train that owns the tracks.”From an antitrust standpoint, the metaphor is almost too perfect. It was the monopoly power of railroads in the late 19th century — and their ability to make or break the businesses that used their tracks — that spurred the first U.S. antitrust regulations.There’s another Jobs quote that’s relevant here. Referencing Picasso’s famous saying, “Good artists copy, great artists steal,” Jobs said of Apple in 2006. “We have always been shameless about stealing great ideas.” Company executives later tried to finesse the quote’s semantics, but there’s no denying that much of iOS today is built on ideas that were not originally Apple’s.