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Privacy

Virginia Court: LEOs Can Force You To Provide Fingerprint To Unlock Your Phone 233

Posted by Soulskill
from the now-where-am-i-going-to-store-my-incriminating-evidence dept.
schwit1 writes with news of a Circuit Court decision from Virginia where a judge has ruled that a criminal defendant cannot use Fifth Amendment protections to safeguard a phone that is locked using his or her fingerprint. According to Judge Steven C. Fucci, while a criminal defendant can't be compelled to hand over a passcode to police officers for the purpose of unlocking a cellular device, law enforcement officials can compel a defendant to give up a fingerprint. The Fifth Amendment states that "no person shall be compelled in any criminal case to be a witness against himself," which protects memorized information like passwords and passcodes, but it does not extend to fingerprints in the eyes of the law, as speculated by Wired last year. Frucci said that "giving police a fingerprint is akin to providing a DNA or handwriting sample or an actual key, which the law permits. A passcode, though, requires the defendant to divulge knowledge, which the law protects against, according to Frucci's written opinion."
Crime

Pirate Bay Founder Gottfrid Warg Faces Danish Jail Time 85

Posted by timothy
from the he-typed-like-a-one-armed-man dept.
Hammeh writes BBC news reports that Pirate Bay co-founder Gottfrid Warg has been found guilty of hacking into computers and illegally downloading files in Denmark. Found guilty of breaching security to access computers owned by technology giant CSC to steal police and social security files, Mr Warg faces a sentence of up to six years behind bars. Mr Warg argued that although the computer used to commit the offence was owned by him, the hacks were carried out by another individual who he declined to name.
The Courts

Stan Lee Media and Disney Battle For Ownership of Marvel Characters 150

Posted by samzenpus
from the mine-now-I-take-it dept.
An anonymous reader writes "Stan Lee Media and The Walt Disney Co. have taken their arguments to the U.S. Court of Appeals over who owns the rights (and profits) to Marvel characters. Though Disney bought Marvel in 2009, Stan Lee Media (no longer associated with Stan Lee, himself) still claims copyright of the characters."
Businesses

Skilled Foreign Workers Treated as Indentured Servants 279

Posted by Soulskill
from the still-happening-in-2014 dept.
theodp writes: A year-long investigation by NBC Bay Area's Investigative Unit and The Center for Investigative Reporting (CIR) raises questions about the H-1B visa program. In a five-part story that includes a mini-graphic novel called Techsploitation, CIR describes how the system rewards job brokers who steal wages and entrap Indian tech workers in the U.S., including the awarding of half a billion dollars in Federal tech contracts to those with labor violations. "Shackling workers to their jobs," CIR found after interviewing workers and reviewing government agency and court documents, "is such an entrenched business practice that it has even spread to U.S. nationals. This bullying persists at the bottom of a complex system that supplies workers to some of America's richest and most successful companies, such as Cisco Systems Inc., Verizon and Apple Inc."

In a presumably unrelated move, the U.S. changed its H-1B record retention policy last week, declaring that records used for labor certification, whether in paper or electronic, "are temporary records and subject to destruction" after five years under the new policy. "There was no explanation for the change, and it is perplexing to researchers," reports Computerworld. "The records under threat are called Labor Condition Applications (LCA), which identify the H-1B employer, worksite, the prevailing wage, and the wage paid to the worker." Lindsay Lowell, director of policy studies at the Institute for the Study of International Migration at Georgetown University, added: "It undermines our ability to evaluate what the government does and, in today's world, retaining electronic records like the LCA is next to costless [a full year's LCA data is less than 1 GB]." President Obama, by the way, is expected to use his executive authority to expand the H-1B program after the midterm elections.
Privacy

US Post Office Increases Secret Tracking of Mail 111

Posted by Soulskill
from the enjoy-all-those-circulars dept.
HughPickens.com writes: Ron Nixon reports in the NY Times that the United States Postal Service says it approved nearly 50,000 requests last year from law enforcement agencies and its own internal inspection unit to secretly monitor the mail of Americans for use in criminal and national security investigations, in many cases without adequately describing the reason or having proper written authorization. In addition to raising privacy concerns, the audit questioned the efficiency and accuracy of the Postal Service in handling the requests. The surveillance program, officially called mail covers, is more than a century old, but is still considered a powerful investigative tool. The Postal Service said that from 2001 through 2012, local, state and federal law enforcement agencies made more than 100,000 requests to monitor the mail of Americans. That would amount to an average of some 8,000 requests a year — far fewer than the nearly 50,000 requests in 2013 that the Postal Service reported in the audit (PDF).

In Arizona in 2011, Mary Rose Wilcox, a Maricopa County supervisor, discovered that her mail was being monitored by the county's sheriff, Joe Arpaio. Wilcox had been a frequent critic of Arpaio, objecting to what she considered the targeting of Hispanics in his immigration sweeps. Wilcox sued the county, was awarded nearly $1 million in a settlement in 2011 and received the money this June when the Ninth Circuit Court of Appeals upheld the ruling. Andrew Thomas, the former county attorney, was disbarred for his role in investigations into the business dealings of Ms. Wilcox and other officials and for other unprofessional conduct. "I don't blame the Postal Service," says Wilcox, "but you shouldn't be able to just use these mail covers to go on a fishing expedition. There needs to be more control."
AT&T

FTC Sues AT&T For Throttling 'Unlimited' Data Plan Customers Up To 90% 173

Posted by timothy
from the y'don't-say dept.
An anonymous reader writes The U.S. Federal Trade Commission today announced it is suing AT&T. The commission is charging the carrier for allegedly misleading millions of its smartphone customers by changing the terms while customers were still under contract for "unlimited" data plans that were, well, limited. "AT&T promised its customers 'unlimited' data, and in many instances, it has failed to deliver on that promise," FTC Chairwoman Edith Ramirez said in a statement. "The issue here is simple: 'unlimited' means unlimited." How apropos.
Businesses

Can Ello Legally Promise To Remain Ad-Free? 153

Posted by timothy
from the anyone-can-promise-anything dept.
Bennett Haselton writes: Social networking company Ello has converted itself to a Public Benefit Corporation, bound by a charter saying that they will not now, nor in the future, make money by running advertisements or selling user data. Ello had followed these policies from the outset, but skeptics worried that venture capitalist investors might pressure Ello to change those policies, so this binding commitment was meant to assuage those fears. But is the commitment really legally binding and enforceable down the road? Read on for the rest.
Transportation

What Will It Take To Make Automated Vehicles Legal In the US? 317

Posted by samzenpus
from the johnny-cab dept.
ashshy writes Tesla, Google, and many other companies are working on self-driving cars. When these autopilot systems become perfected and ubiquitous, the roads should be safer by orders of magnitude. So why doesn't Tesla CEO Elon Musk expect to reach that milestone until 2013 or so? Because the legal framework that supports American road rules is incredibly complex, and actually handled on a state-by-state basis. The Motley Fool explains which authorities Musk and his allies will have to convince before autopilot cars can hit the mainstream, and why the process will take another decade.
EU

EU Court Rules Embedding YouTube Videos Is Not Copyright Infringement 68

Posted by samzenpus
from the fair-share dept.
Maurits van der Schee writes "The Court of Justice of the European Union has ruled that embedding a copyrighted YouTube video in your site is not copyright infringement. From the article: "The case in question was referred to EU’s Court of Justice by a German court. It deals with a dispute between the water filtering company BestWater International and two men who work as independent commercial agents for a competitor. Bestwater accused the men of embedding one of their promotional videos, which was available on YouTube without the company’s permission. The video was embedded on the personal website of the two through a frame, as is usual with YouTube videos. While EU law is clear on most piracy issues, the copyright directive says very little about embedding copyrighted works. The Court of Justice, however, now argues that embedding is not copyright infringement."
Government

Law Lets IRS Seize Accounts On Suspicion, No Crime Required 424

Posted by Soulskill
from the you-can-trust-us dept.
schwit1 writes: The IRS admits to seizing hundreds of thousands of dollars of private assets, without any proof of illegal activity, merely because there is a law that lets them do it. From the article: "Using a law designed to catch drug traffickers, racketeers and terrorists by tracking their cash, the government has gone after run-of-the-mill business owners and wage earners without so much as an allegation that they have committed serious crimes. The government can take the money without ever filing a criminal complaint, and the owners are left to prove they are innocent. Many give up and settle the case for a portion of their money.

'They're going after people who are really not criminals,' said David Smith, a former federal prosecutor who is now a forfeiture expert and lawyer in Virginia. 'They're middle-class citizens who have never had any trouble with the law.'" The article describes several specific cases, all of which are beyond egregious and are in fact entirely unconstitutional. The Bill of Rights is very clear about this: The federal government cannot take private property without just compensation."
Wireless Networking

FCC Postpones Spectrum Auction Until 2016 31

Posted by Soulskill
from the no-extra-spectrum-for-you dept.
An anonymous reader writes: 2014 was supposed to be the year broadcasters would be allowed to sell off their unused spectrum to mobile carriers. That got pushed back to 2015 in December, and now the Federal Communications Commission has bumped it to 2016 in the face of a lawsuit from the National Association of Broadcasters. The FCC says the legal briefs aren't even due until January 2015, and it will take them until the middle of the year to review the documents and respond in court. The delay is just fine with the NAB, but probably bad news for anyone hoping that spectrum would help to improve mobile communications in the U.S. any time soon.
Operating Systems

Italian Supreme Court Bans the 'Microsoft Tax' 350

Posted by Soulskill
from the making-hardware-a-bit-cheaper dept.
An anonymous reader writes: In a post at the Free Software Foundation, lawyer Marco Ciurcina reports that the Italian Supreme Court has ruled the practice of forcing users to pay for a Windows license when they buy a new PC is illegal. Manufacturers in Italy are now legally obligated to refund that money if a buyer wants to put GNU/Linux or another free OS on the computer. Ciurcina says, "The focus of the Court's reasoning is that the sale of a PC with software preinstalled is not like the sale of a car with its components (the 4 wheels, the engine, etc.) that therefore are sold jointly. Buying a computer with preinstalled software, the user is required to conclude two different contracts: the first, when he buys the computer; the second, when he turns on the computer for the first time and he is required to accept or not the license terms of the preinstalled software. Therefore, if the user does not accept the software license, he has the right to keep the computer and install free software without having to pay the 'Microsoft tax.'"
The Internet

The Inevitable Death of the Internet Troll 570

Posted by samzenpus
from the sticks-and-stones dept.
HughPickens.com writes James Swearingen writes at The Atlantic that the Internet can be a mean, hateful, and frightening place — especially for young women but human behavior and the limits placed on it by both law and society can change. In a Pew Research Center survey of 2,849 Internet users, one out of every four women between 18 years old and 24 years old reports having been stalked or sexually harassed online. "Like banner ads and spam bots, online harassment is still routinely treated as part of the landscape of being online," writes Swearingen adding that "we are in the early days of online harassment being taken as a serious problem, and not simply a quirk of online life." Law professor Danielle Citron draws a parallel between how sexual harassment was treated in the workplace decades ago and our current standard. "Think about in the 1960s and 1970s, what we said to women in the workplace," says Citron. "'This is just flirting.' That a sexually hostile environment was just a perk for men to enjoy, it's just what the environment is like. If you don't like it, leave and get a new job." It took years of activism, court cases, and Title VII protection to change that. "Here we are today, and sexual harassment in the workplace is not normal," said Citron. "Our norms and how we understand it are different now."

According to Swearingen, the likely solution to internet trolls will be a combination of things. The expansion of laws like the one currently on the books in California, which expands what constitutes online harassment, could help put the pressure on harassers. The upcoming Supreme Court case, Elonis v. The United States, looks to test the limits of free speech versus threatening comments on Facebook. "Can a combination of legal action, market pressure, and societal taboo work together to curb harassment?" asks Swearingen. "Too many people do too much online for things to stay the way they are."
The Courts

Judge Says EA Battlefield 4 Execs Engaged In "Puffery," Not Fraud 95

Posted by timothy
from the anything-they-say-they-set-their-minds-to dept.
DemonOnIce writes with a story, as reported by Ars Technica, that a federal judge in San Francisco has dismissed a proposed securities fraud class action lawsuit connected to Battlefield 4's bungled rollout. From the report: EA and several top executives were sued in December and were accused of duping investors with their public statements and concealing issues with the first-person shooter game. The suit claimed executives were painting too rosy of a picture surrounding what ultimately would be Battlefield 4's disastrous debut on various gaming consoles beginning last October, including the next-generation Xbox One. But US District Judge Susan Illston of San Francisco said their comments about EA and the first-person shooter game were essentially protected corporate speak. "The Court agrees with defendants that all of the purported misstatements are inactionable statements of opinion, corporate optimism, or puffery," Illston ruled Monday.
Microsoft

Microsoft, Ask.com, Oracle Latest To Be Sued Over No-Poach Deal 47

Posted by timothy
from the all-in-the-same-gang-but-mostly-west-coast dept.
itwbennett (1594911) writes Oracle, Microsoft and Ask.com are facing suits alleging that they conspired to restrict hiring of staff. The suits appear to refer to a memo that names a large number of companies that allegedly had special arrangements with Google to prevent poaching of staff and was filed as an exhibit on May 17, 2013 in another class action suit over hiring practices. The former employees filing lawsuits against Microsoft, Ask.com and Oracle have asked that the cases be assigned to Judge Koh as there were similarities with the case against Google, Apple and others — and it maybe doesn't hurt that Judge Koh thought the $324.5 million settlement in that case was too low.
Facebook

Facebook To DEA: Stop Using Phony Profiles To Nab Criminals 239

Posted by Soulskill
from the do-that-with-linkedin-like-everyone-else dept.
HughPickens.com writes: CNNMoney reports that Facebook has sent a letter to the U.S. Drug Enforcement Administration demanding that agents stop impersonating users on the social network. "The DEA's deceptive actions... threaten the integrity of our community," Facebook chief security officer Joe Sullivan wrote to DEA head Michele Leonhart. "Using Facebook to impersonate others abuses that trust and makes people feel less safe and secure when using our service." Facebook's letter comes on the heels of reports that the DEA impersonated a young woman on Facebook to communicate with suspected criminals, and the Department of Justice argued that they had the right to do so. Facebook contends that their terms and Community Standards — which the DEA agent had to acknowledge and agree to when registering for a Facebook account — expressly prohibit the creation and use of fake accounts. "Isn't this the definition of identity theft?" says privacy researcher Runa Sandvik. The DEA has declined to comment and referred all questions to the Justice Department, which has not returned CNNMoney's calls.
Japan

3D-Printed Gun Earns Man Two Years In Japanese Prison 331

Posted by Soulskill
from the forgot-to-read-the-fine-3d-print dept.
jfruh writes: Japan has some of the strictest anti-gun laws in the world, and the authorities there aim to make sure new technologies don't open any loopholes. 28-year-old engineer Yoshitomo Imura has been sentenced to two years in jail after making guns with a 3D printer in his home in Kawasaki.
United Kingdom

Manga Images Depicting Children Lead to Conviction in UK 474

Posted by timothy
from the we-know-what-you-were-thinking dept.
An anonymous reader writes with this news from the UK, as reported by Ars Technica: A 39-year-old UK man has been convicted of possessing illegal cartoon drawings of young girls exposing themselves in school uniforms and engaging in sex acts. The case is believed to be the UK's first prosecution of illegal manga and anime images. Local media said that Robul Hoque was sentenced last week to nine months' imprisonment, though the sentence is suspended so long as the defendant does not break the law again. Police seized Hoque's computer in 2012 and said they found nearly 400 such images on it, none of which depicted real people but were illegal nonetheless because of their similarity to child pornography. Hoque was initially charged with 20 counts of illegal possession but eventually pled guilty to just 10 counts.
United Kingdom

In UK, Internet Trolls Could Face Two Years In Jail 489

Posted by timothy
from the don't-worry-he's-trolling dept.
An anonymous reader writes with this news from The Guardian about a proposed change in UK law that would greatly increase the penalties for online incivility: Internet trolls who spread "venom" on social media could be jailed for up to two years, the justice secretary Chris Grayling has said as he announced plans to quadruple the maximum prison sentence. Grayling, who spoke of a "baying cybermob", said the changes will allow magistrates to pass on the most serious cases to crown courts. The changes, which will be introduced as amendments to the criminal justice and courts bill, will mean the maximum custodial sentence of six months will be increased to 24 months. Grayling told the Mail on Sunday: "These internet trolls are cowards who are poisoning our national life. No one would permit such venom in person, so there should be no place for it on social media. That is why we are determined to quadruple the six-month sentence.
Cellphones

Florida Supreme Court: Police Can't Grab Cell Tower Data Without a Warrant 114

Posted by timothy
from the let's-hope-it's-catchy dept.
SternisheFan writes with an excerpt from Wired with some (state-specific, but encouraging) news about how much latitude police are given to track you based on signals like wireless transmissions. The Florida Supreme Court ruled Thursday that obtaining cell phone location data to track a person's location or movement in real time constitutes a Fourth Amendment search and therefore requires a court-ordered warrant.

The case specifically involves cell tower data for a convicted drug dealer that police obtained from a telecom without a warrant. But the way the ruling is written (.pdf), it would also cover the use of so-called "stingrays" — sophisticated technology law enforcement agencies use to locate and track people in the field without assistance from telecoms. Agencies around the country, including in Florida, have been using the technology to track suspects — sometimes without obtaining a court order, other times deliberately deceiving judges and defendants about their use of the devices to track suspects, telling judges the information came from "confidential" sources rather than disclose their use of stingrays. The new ruling would require them to obtain a warrant or stop using the devices. The American Civil Liberties Union calls the Florida ruling "a resounding defense" of the public's right to privacy.

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