United States

Supreme Court Ruling Will Likely Cause Cyber Regulation Chaos (csoonline.com) 408

An anonymous reader shares a report: The US Supreme Court has issued a decision that could upend all federal cybersecurity regulations, moving ultimate regulatory approval to the courts and away from regulatory agencies. A host of likely lawsuits could gut the Biden administration's spate of cyber incident reporting requirements and other recent cyber regulatory actions. [...] While the Court's decision has the potential to weaken or substantially alter all federal agency cybersecurity requirements ever adopted, a series of cyber regulatory initiatives implemented over the past four years could become the particular focus of legal challenges. Parties who previously objected to these initiatives but were possibly reluctant to fight due to the Chevron deference will likely be encouraged to challenge these regulations.

Although all existing regulations are still in effect, the upshot for CISOs is almost certainly some degree of uncertainty as the legal challenges get underway. A host of conflicting decisions across the various judicial circuits in the US could lead to confusion in compliance programs until the smoke clears. CISOs should expect some court cases to water down or eliminate many existing cybersecurity regulatory requirements. A host of recently adopted cyber regulations will likely be challenged following the Court's ruling, but some recent regulations stand out as leading candidates for litigation. Among these are:

AI

Brazil Data Regulator Bans Meta From Mining Data To Train AI Models 13

Brazil's national data protection authority ruled on Tuesday that Meta must stop using data originating in the country to train its artificial intelligence models. The Associated Press reports: Meta's updated privacy policy enables the company to feed people's public posts into its AI systems. That practice will not be permitted in Brazil, however. The decision stems from "the imminent risk of serious and irreparable or difficult-to-repair damage to the fundamental rights of the affected data subjects," the agency said in the nation's official gazette. [...] Hye Jung Han, a Brazil-based researcher for the rights group, said in an email Tuesday that the regulator's action "helps to protect children from worrying that their personal data, shared with friends and family on Meta's platforms, might be used to inflict harm back on them in ways that are impossible to anticipate or guard against."

But the decision regarding Meta will "very likely" encourage other companies to refrain from being transparent in the use of data in the future, said Ronaldo Lemos, of the Institute of Technology and Society of Rio de Janeiro, a think-tank. "Meta was severely punished for being the only one among the Big Tech companies to clearly and in advance notify in its privacy policy that it would use data from its platforms to train artificial intelligence," he said. Compliance must be demonstrated by the company within five working days from the notification of the decision, and the agency established a daily fine of 50,000 reais ($8,820) for failure to do so.
In a statement, Meta said the company is "disappointed" by the decision and insists its method "complies with privacy laws and regulations in Brazil."

"This is a step backwards for innovation, competition in AI development and further delays bringing the benefits of AI to people in Brazil," a spokesperson for the company added.
The Courts

Supreme Court to Hear Case on Texas Law Restricting Access to Porn (nytimes.com) 130

The Supreme Court has agreed to hear a challenge to a Texas law requiring age verification to access online pornography, which opponents argue violates the First Amendment by discouraging adults from viewing such material due to privacy concerns. A federal judge blocked the law citing its chilling effect on free speech, but a divided appeals court upheld it, emphasizing the government's interest in protecting minors; the case will now be reviewed by the Supreme Court. The Texas bill in question, HB 1181, was passed into law last June. The New York Times reports: The Supreme Court agreed on Tuesday to hear a challenge to a Texas law that seeks to limit minors' access to pornography on the internet by requiring age verification measures like the submission of government-issued IDs. A trade group, companies that produce sexual materials and a performer challenged the law, saying that it violates the First Amendment right of adults. The law does not allow companies to retain information their users submit. But the challengers said adults would be wary of supplying personal information for fear of identity theft, tracking and extortion. [...]

In urging the Supreme Court to leave the law in place while it considers whether to hear the case, Ken Paxton, Texas' attorney general, said pornography available on the internet is "orders of magnitude more graphic, violent and degrading than any so-called 'girlie' magazine of yesteryear." He added: "This statute does not prohibit the performance, production or even sale of pornography but, more modestly, simply requires the pornography industry that make billions of dollars from peddling smut to take commercially reasonable steps to ensure that those who access the material are adults. There is nothing unconstitutional about it."

Crime

Alzheimer's Scientist Indicted For Allegedly Falsifying Data In $16 Million Scheme (arstechnica.com) 49

"A federal grand jury has indicted an embattled Alzheimer's researcher for allegedly falsifying data to fraudulently obtain $16 million in federal research funding from the National Institutes of Health for the development of a controversial Alzheimer's drug and diagnostic test," writes Beth Mole via Ars Technica. "Wang is charged with one count of major fraud against the United States, two counts of wire fraud, and one count of false statements. If convicted, he faces a maximum penalty of 10 years in prison for the major fraud charge, 20 years in prison for each count of wire fraud, and five years in prison for the count of false statements [...]." From the report: Hoau-Yan Wang, 67, a medical professor at the City University of New York, was a paid collaborator with the Austin, Texas-based pharmaceutical company Cassava Sciences. Wang's research and publications provided scientific underpinnings for Cassava's Alzheimer's treatment, Simufilam, which is now in Phase III trials. Simufilam is a small-molecule drug that Cassava claims can restore the structure and function of a scaffolding protein in the brain of people with Alzheimer's, leading to slowed cognitive decline. But outside researchers have long expressed doubts and concerns about the research.

In 2023, Science magazine obtained a 50-page report from an internal investigation at CUNY that looked into 31 misconduct allegations made against Wang in 2021. According to the report, the investigating committee "found evidence highly suggestive of deliberate scientific misconduct by Wang for 14 of the 31 allegations," the report states. The allegations largely centered around doctored and fabricated images from Western blotting, an analytical technique used to separate and detect proteins. However, the committee couldn't conclusively prove the images were falsified "due to the failure of Dr. Wang to provide underlying, original data or research records and the low quality of the published images that had to be examined in their place." In all, the investigation "revealed long-standing and egregious misconduct in data management and record keeping by Dr. Wang," and concluded that "the integrity of Dr. Wang's work remains highly questionable." The committee also concluded that Cassava's lead scientist on its Alzheimer's disease program, Lindsay Burns, who was a frequent co-author with Wang, also likely bears some responsibility for the misconduct.

In March 2022, five of Wang's articles published in the journal PLOS One were retracted over integrity concerns with images in the papers. Other papers by Wang have also been retracted or had statements of concern attached to them. Further, in September 2022, the Food and Drug Administration conducted an inspection of the analytical work and techniques used by Wang to analyze blood and cerebrospinal fluid from patients in a simufilam trial. The investigation found a slew of egregious problems, which were laid out in a "damning" report (PDF) obtained by Science. In the indictment last week (PDF), federal authorities were explicit about the allegations, claiming that Wang falsified the results of his scientific research to NIH "by, among other things, manipulating data and images of Western blots to artificially add bands [which represent proteins], subtract bands, and change their relative thickness and/or darkness, and then drawing conclusions" based on those false results.

The Courts

'Roaring Kitty' Is Sued For Alleged GameStop Manipulation (reuters.com) 123

Keith Gill, the investor known as "Roaring Kitty" online, is being used by GameStop investors for helping spur the meme stock mania of 2021. The plaintiffs said they lost money through his "pump-and-dump" scheme, which led to a "short squeeze" that caused losses for hedge funds betting stock prices would fall. Reuters reports: A proposed class action accusing Gill of securities fraud was filed on Friday in the Brooklyn, New York federal court. Investors led by Martin Radev, who lives in the Las Vegas area, said Gill manipulated GameStop securities between May 13 and June 13 by quietly accumulating large quantities of stock and call options, and then dumping some holdings after emerging from a three-year social media hiatus. They said Gill's activities caused GameStop's share price to gyrate wildly, generating "millions of dollars" in profit for him at their expense. "Defendant still enjoys celebrity status and commands a following of millions through his social media accounts," the complaint said. "Accordingly, Defendant was well aware of his ability to manipulate the market for GameStop securities, as well as the benefits he could reap."

He had on May 12 posted a cryptic meme on the social media platform X that was widely seen as a bullish signal for GameStop, whose stock he cheerleaded in 2021. GameStop's share price more than tripled over the next two days, but gave back nearly all the gains by May 24. On June 2, Gill revealed that he owned 5 million GameStop shares and 120,000 call options, and on June 13 revealed he had shed the call options but owned 9 million GameStop shares. Investors said the truth about Gill's investing became known on June 3 when the Wall Street Journal wrote about the timing of his options trades and said the online brokerage E*Trade considered kicking him off its platform.

Government

'Julian Assange Should Not Have Been Prosecuted In the First Place' (theguardian.com) 97

An anonymous reader quotes an op-ed written by Kenneth Roth, former executive director of Human Rights Watch (1993-2022) and a visiting professor at Princeton's School of Public and International Affairs: Julian Assange's lengthy detention has finally ended, but the danger that his prosecution poses to the rights of journalists remains. As is widely known, the U.S. government's pursuit of Assange under the Espionage Act threatens to criminalize common journalistic practices. Sadly, Assange's guilty plea and release from custody have done nothing to ease that threat. That Assange was indicted under the Espionage Act, a U.S. law designed to punish spies and traitors, should not be considered the normal course of business. Barack Obama's justice department never charged Assange because it couldn't distinguish what he had done from ordinary journalism. The espionage charges were filed by the justice department of Donald Trump. Joe Biden could have reverted to the Obama position and withdrawn the charges but never did.

The 18-count indictment filed under Trump accused Assange of having solicited secret U.S. government information and encouraged Chelsea Manning to provide it. Manning committed a crime when she delivered that information because she was a government employee who had pledged to safeguard confidential information on pain of punishment. But Assange's alleged solicitation of that information, and the steps he was said to have taken to ensure that it could be transferred anonymously, are common procedure for many journalists who report on national security issues. If these practices were to be criminalized, our ability to monitor government conduct would be seriously compromised. To make matters worse, someone accused under the Espionage Act is not allowed to argue to a jury that disclosures were made in the public interest. The unauthorized disclosure of secret information deemed prejudicial to national security is sufficient for conviction regardless of motive.

To justify Espionage Act charges, the Trump-era prosecutors stressed that Assange was accused of not only soliciting and receiving secret government information but also agreeing to help crack a password that would provide access to U.S. government files. That is not ordinary journalistic behavior. An Espionage Act prosecution for computer hacking is very different from a prosecution for merely soliciting and receiving secret information. Even if it would not withdraw the Trump-era charges, Biden's justice department could have limited the harm to journalistic freedom by ensuring that the alleged computer hacking was at the center of Assange's guilty plea. In fact, it was nowhere to be found. The terms for the proceeding were outlined in a 23-page "plea agreement" filed with the U.S. District Court for the Northern Mariana Islands, where Assange appeared by consent. Assange agreed to plead guilty to a single charge of violating the Espionage Act, but under U.S. law, it is not enough to plead in the abstract. A suspect must concede facts that would constitute an offense.
"One effect of the guilty plea is that there will be no legal challenge to the prosecution, and hence no judicial decision on whether this use of the Espionage Act violates the freedom of the media as protected by the first amendment of the U.S. constitution," notes Roth. "That means that just as prosecutors overreached in the case of Assange, they could do so again."

"[M]edia protections are not limited to journalists who are deemed responsible. Nor do we want governments to make judgments about which journalists deserve First Amendment safeguards. That would quickly compromise media freedom for all journalists."

Roth concludes: "Imperfect journalist that he was, Assange should never have been prosecuted under the Espionage Act. It is unfortunate that the Biden administration didn't take available steps to mitigate that harm."
Businesses

Redbox Owner Chicken Soup For the Soul Files For Chapter 11 Bankruptcy Protection (apnews.com) 26

Chicken Soup for the Soul Entertainment, the parent of DVD rental operator Redbox, has filed for Chapter 11 bankruptcy protection after months of financial struggles and piling unpaid bills. The Associated Press reports: Chicken Soup for the Soul has accumulated nearly $1 billion in debt, the Chapter 11 filing submitted Friday in Delaware bankruptcy court shows, after reporting loss after loss over recent quarters. The filing also discloses that Chicken Soup for the Soul owes millions to over 500 creditors -- which range from big names in the entertainment world like Sony Pictures and Warner Bros, to major retailers like Walgreens and Walmart. As of March of this year, Friday's filing shows, Chicken Soup for the Soul had about $414 million in assets and $970 million in debts. Shares for the public company have fallen more than 90% over the last year. "Redbox, founded in 2002, is best known for red-colored, self-serve machines that sit outside of pharmacies or groceries stores to rent or sell DVDs," notes the report. It was acquired by Chicken Soup for the Soul in 2022. There are currently about 27,000 Redbox kiosks across the U.S. -- down from 36,000 at the Redbox acquisition was finalized in August 2022.
EU

Meta Defends Charging Fee For Privacy Amid Showdown With EU (arstechnica.com) 66

An anonymous reader quotes a report from Ars Technica: Meta continues to hit walls with its heavily scrutinized plan to comply with the European Union's strict online competition law, the Digital Markets Act (DMA), by offering Facebook and Instagram subscriptions as an alternative for privacy-inclined users who want to opt out of ad targeting. Today, the European Commission (EC) announced preliminary findings that Meta's so-called "pay or consent" or "pay or OK" model -- which gives users a choice to either pay for access to its platforms or give consent to collect user data to target ads -- is not compliant with the DMA. According to the EC, Meta's advertising model violates the DMA in two ways. First, it "does not allow users to opt for a service that uses less of their personal data but is otherwise equivalent to the 'personalized ads-based service." And second, it "does not allow users to exercise their right to freely consent to the combination of their personal data," the press release said.

Now, Meta will have a chance to review the EC's evidence and defend its policy, with today's findings kicking off a process that will take months. The EC's investigation is expected to conclude next March. Thierry Breton, the commissioner for the internal market, said in the press release that the preliminary findings represent "another important step" to ensure Meta's full compliance with the DMA. "The DMA is there to give back to the users the power to decide how their data is used and ensure innovative companies can compete on equal footing with tech giants on data access," Breton said. A Meta spokesperson told Ars that Meta plans to fight the findings -- which could trigger fines up to 10 percent of the company's worldwide turnover, as well as fines up to 20 percent for repeat infringement if Meta loses. The EC agreed that more talks were needed, writing in the press release, "the Commission continues its constructive engagement with Meta to identify a satisfactory path towards effective compliance."
Meta continues to claim that its "subscription for no ads" model was "endorsed" by the highest court in Europe, the Court of Justice of the European Union (CJEU), last year.

"Subscription for no ads follows the direction of the highest court in Europe and complies with the DMA," Meta's spokesperson said. "We look forward to further constructive dialogue with the European Commission to bring this investigation to a close."

Meta rolled out its ad-free subscription service option last November. "Depending on where you purchase it will cost $10.5/month on the web or $13.75/month on iOS and Android," said the company in a blog post. "Regardless of where you purchase, the subscription will apply to all linked Facebook and Instagram accounts in a user's Accounts Center. As is the case for many online subscriptions, the iOS and Android pricing take into account the fees that Apple and Google charge through respective purchasing policies."
The Courts

Supreme Court Orders New Look At Social Media Laws in Texas and Florida (cbsnews.com) 75

The Supreme Court on Monday ordered lower courts to take another look at a pair of laws from Florida and Texas that imposed restrictions on how social media companies can moderate the content posted to their platforms. From a report: Justice Elena Kagan delivered the court's opinion, which tossed out lower court rulings and sent the two cases back for additional proceedings. The court said neither lower court conducted the proper analysis of the First Amendment challenges to the laws regulating major social media platforms.

"[T]he question in such a case is whether a law's unconstitutional applications are substantial compared to its constitutional ones. To make that judgment, a court must determine a law's full set of applications, evaluate which are constitutional and which are not, and compare the one to the other," Kagan wrote. "Neither court performed that necessary inquiry."

United States

Will a US Supreme Court Ruling Put Net Neutrality at Risk? (msn.com) 192

Today the Wall Street Journal reported that restoring net neutrality to America is "on shakier legal footing after a Supreme Court decision on Friday shifted power away from federal agencies." "It's hard to overstate the impact that this ruling could have on the regulatory landscape in the United States going forward," said Leah Malone, a lawyer at Simpson Thacher & Bartlett. "This could really bind U.S. agencies in their efforts to write new rules." Now that [the "Chevron deference"] is gone, the Federal Communications Commission is expected to have a harder time reviving net neutrality — a set of policies barring internet-service providers from assigning priority to certain web traffic...

The Federal Communications Commission reclassified internet providers as public utilities under the Communications Act. There are pending court cases challenging the FCC's reinterpretation of that 1934 law, and the demise of Chevron deference heightens the odds of the agency losing in court, some legal experts said. "Chevron's thumb on the scale in favor of the agencies was crucial to their chances of success," said Geoffrey Manne, president of the International Center for Law and Economics. "Now that that's gone, their claims are significantly weaker."

Other federal agencies could also be affected, according to the article. The ruling could also make it harder for America's Environmental Protection Agency to crack down on power-plant pollution. And the Federal Trade Commission face more trouble in court defending its recent ban on noncompete agreements. Lawyer Daniel Jarcho tells the Journal that the Court's decision "will unquestionably lead to more litigation challenging federal agency actions, and more losses for federal agencies."

Friday a White House press secretary issued a statement calling the court's decision "deeply troubling," and arguing that the court had "decided in the favor of special interests".
The Courts

Lawsuit Claims Microsoft Tracked Sex Toy Shoppers With 'Recording In Real Time' Software (404media.co) 36

Samantha Cole reports via 404 Media: A woman is suing Microsoft and two major U.S. sex toy retailers with claims that their websites are tracking users without their consent, despite promising they wouldn't do that. In a complaint (PDF) filed on June 25 in the Northern District of California, San Francisco resident Stella Tatola claims that Babeland and Good Vibrations -- both owned by Barnaby Ltd., LLC -- allowed Microsoft to see what visitors to their websites searched for and bought.

"Unbeknownst to Plaintiff and other Barnaby website users, and constituting the ultimate violation of privacy, Barnaby allows an undisclosed third-party, Microsoft, to intercept, read, and utilize for commercial gain consumers' private information about their sexual practices and preferences, gleaned from their activity on Barnaby's websites," the complaint states. "This information includes but is not limited to product searches and purchase initiations, as well as the consumer's unique Microsoft identifier." The complaint claims that Good Vibrations and Babeland sites have installed trackers using Microsoft's Clarity software, which does "recording in real time," and tracks users' mouse movements, clicks or taps, scrolls, and site navigation. Microsoft says on the Clarity site that it "processes a massive amount of anonymous data around user behavior to gain insights and improve machine learning models that power many of our products and services."

"By allowing undisclosed third party Microsoft to eavesdrop and intercept users' PPSI in such a manner -- including their sexual orientation, preferences, and desires, among other highly sensitive, protected information -- Barnaby violates its Privacy Policies, which state it will never share such information with third parties," the complaint states. The complaint includes screenshots of code from the sexual health sites that claims to show them using Machine Unique Identifier ("MUID") cookies that "identifies unique web browsers visiting Microsoft sites," according to Microsoft, and are used for "advertising, site analytics, and other operational purposes." The complaint claims that this violates the California Invasion of Privacy Act, the Federal Wiretap Act, and Californians' reasonable expectation of privacy.

Books

Appeals Court Seems Lost On How Internet Archive Harms Publishers (arstechnica.com) 26

An anonymous reader quotes a report from Ars Technica: The Internet Archive (IA) went before a three-judge panel Friday to defend its open library's controlled digital lending (CDL) practices after book publishers last year won a lawsuit claiming that the archive's lending violated copyright law. In the weeks ahead of IA's efforts to appeal that ruling, IA was forced to remove 500,000 books from its collection, shocking users. In an open letter to publishers, more than 30,000 readers, researchers, and authors begged for access to the books to be restored in the open library, claiming the takedowns dealt "a serious blow to lower-income families, people with disabilities, rural communities, and LGBTQ+ people, among many others," who may not have access to a local library or feel "safe accessing the information they need in public."

During a press briefing following arguments in court Friday, IA founder Brewster Kahle said that "those voices weren't being heard." Judges appeared primarily focused on understanding how IA's digital lending potentially hurts publishers' profits in the ebook licensing market, rather than on how publishers' costly ebook licensing potentially harms readers. However, lawyers representing IA -- Joseph C. Gratz, from the law firm Morrison Foerster, and Corynne McSherry, from the nonprofit Electronic Frontier Foundation -- confirmed that judges were highly engaged by IA's defense. Arguments that were initially scheduled to last only 20 minutes stretched on instead for an hour and a half. Ultimately, judges decided not to rule from the bench, with a decision expected in the coming months or potentially next year. McSherry said the judges' engagement showed that the judges "get it" and won't make the decision without careful consideration of both sides.

"They understand this is an important decision," McSherry said. "They understand that there are real consequences here for real people. And they are taking their job very, very seriously. And I think that's the best that we can hope for, really." On the other side, the Association of American Publishers (AAP), the trade organization behind the lawsuit, provided little insight into how the day went. When reached for comment, AAP simply said, "We thought it was a strong day in court, and we look forward to the opinion." [...] "There is no deadline for them to make a decision," Gratz said, but it "probably won't happen until early fall" at the earliest. After that, whichever side loses will have an opportunity to appeal the case, which has already stretched on for four years, to the Supreme Court. Since neither side seems prepared to back down, the Supreme Court eventually weighing in seems inevitable.

The Courts

Supreme Court Ruling Kneecaps Federal Regulators (theverge.com) 372

The Supreme Court on Friday overturned a long-standing legal doctrine in the US, making a transformative ruling that could hamper federal agencies' ability to regulate all kinds of industry. The Verge adds: Six Republican-appointed justices voted to overturn the doctrine, called Chevron deference, a decision that could affect everything from pollution limits to consumer protections in the US.

Chevron deference allows courts to defer to federal agencies when there are disputes over how to interpret ambiguous language in legislation passed by Congress. That's supposed to lead to more informed decisions by leaning on expertise within those agencies. By overturning the Chevron doctrine, the conservative-dominated SCOTUS decided that judges ought to make the call instead of agency experts.

The Courts

SEC Sues ConsenSys (coindesk.com) 7

The SEC sued Ethereum software provider ConsenSys over its MetaMask service on Friday, alleging the wallet product was an unregistered broker that "engaged in the offer and sale of securities." From a report: MetaMask also offered an unregistered securities program through its staking service, the SEC alleged in a filing in the courthouse in the Eastern District of New York. The SEC alleged in its lawsuit that it offered staking services for Lido and Rocket Pool as investment contracts, meaning they are also unregistered securities. "Consensys has collected over $250 million in fees," the SEC alleged. You can read the full lawsuit here [PDF].
The Courts

The Nation's Oldest Nonprofit Newsroom Is Suing OpenAI and Microsoft (engadget.com) 16

The Center for Investigative Reporting (CIR), the nation's oldest nonprofit newsroom, sued OpenAI and Microsoft in federal court on Thursday for allegedly using its content to train AI models without consent or compensation. CIR, founded in 1977 in San Francisco, evolved into a multi-platform newsroom with its flagship distribution platform Reveal. In February, it merged with Mother Jones.

"OpenAI and Microsoft started vacuuming up our stories to make their product more powerful, but they never asked for permission or offered compensation, unlike other organizations that license our material," said Monika Bauerlein, CEO of the Center for Investigative Reporting, in a statement. "This free rider behavior is not only unfair, it is a violation of copyright. The work of journalists, at CIR and everywhere, is valuable, and OpenAI and Microsoft know it." Bauerlein said that OpenAI and Microsoft treat the work of nonprofit and independent publishers "as free raw material for their products," and added that such moves by generative AI companies hurt the public's access to truthful information in a "disappearing news landscape." Engadget reports: The CIR's lawsuit, which was filed in Manhattan's federal court, accuses OpenAI and Microsoft, which owns nearly half of the company, of violating the Copyright Act and the Digital Millennium Copyright Act multiple times.

News organizations find themselves at an inflection point with generative AI. While the CIR is joining publishers like The New York Times, New York Daily News, The Intercept, AlterNet and Chicago Tribune in suing OpenAI, others publishers have chosen to strike licensing deals with the company. These deals will allow OpenAI to train its models on archives and ongoing content published by these publishers and cite information from them in responses offered by ChatGPT.

United States

SCOTUS Pauses EPA Plan To Keep Smog From Drifting Across State Lines (theverge.com) 101

The Supreme Court decided to press pause on the Environmental Protection Agency's plan to prevent smog-forming pollutants from drifting across state borders. From a report: Ohio, Indiana, West Virginia, and various trade organizations including fossil fuel industry groups asked the Supreme Court to issue a stay on the plan while they contest the EPA's actions in lower courts. SCOTUS agreed to put the plan on hold today in its opinion on Ohio v. Environmental Protection Agency. Five justices voted in favor of halting implementation for now, while the remaining justices dissented.

"If anything, we see one reason for caution after another," Justice Neil Gorsuch writes in his opinion. While the stay is temporary, the decision signals that the conservative-leaning Supreme Court is likely to rule in favor of states opposing the EPA's plan if the issue makes it to the nation's highest court again for a final decision on the plan's legal merit. That could make it harder to improve air quality across the nation since air pollutants typically don't stay in one place.

United States

Supreme Court Rebuffs Challenge To Biden's Social Media Outreach (reuters.com) 161

The U.S. Supreme Court on Wednesday rejected to impose limits on the way President Joe Biden's administration may communicate with social media platforms, overturning a lower court decision in a case brought by Missouri, Louisiana, and five individuals. In a 6-3 ruling, the court found plaintiffs lacked legal standing to sue, unable to show a "concrete link" between officials' conduct and harm suffered.

The case centered on whether the administration coerced platforms to censor disfavored speech when alerting them to content violating their policies, particularly regarding elections and COVID-19. The administration argued it sought to mitigate online misinformation hazards. Plaintiffs claimed platforms suppressed conservative-leaning speech under government pressure. The Justice Department contended that government officials have long used their platform to express views on public matters.
The Courts

Mozilla's CPO Sues Over Discrimination Post-Cancer Diagnosis (theregister.com) 43

Thomas Claburn reports via The Register: Mozilla Corporation was sued this month in the US, along with three of its executives, for alleged disability discrimination and retaliation against Chief Product Officer Steve Teixeira. Teixeira, according to a complaint filed in King County Superior Court in the State of Washington, had been tapped to become CEO when he was diagnosed with ocular melanoma on October 3, 2023. Teixeira then took medical leave for cancer treatment from October 30, 2023, through February 1, 2024. "Immediately, upon his return, Mozilla campaigned to demote or terminate Mr Teixeira citing groundless concerns and assumptions about his capabilities as an individual living with cancer," the complaint [PDF] says. "Interim Chief Executive Officer Laura Chambers and Chief People Officer Dani Chehak were clear with Mr Teixeira: He could not continue as Chief Product Officer -- and could not continue as a Mozilla employee in any capacity beyond 2024 -- because of his diagnosis."

Chambers and Chehak are both named in the complaint, along with Mitchell Baker, the former CEO of Mozilla who stepped down in February and announced Chambers as her successor. "Mr Teixeira was enthusiastic to resume his critical role after treatment, but Mozilla would not tolerate an executive with cancer," said Amy Kangas Alexander, an attorney with law firm Stokes Lawrence who is representing the plaintiff, in an email to The Register. "When Mr Teixeira refused to be marginalized because of his disability, Mozilla retaliated and placed him on leave against his will. Mozilla has sidelined Mr Teixeira at the very moment he needs to be preparing his family for the possibility of a future without him."

The complaint claims that Teixeira, appointed in August 2022, helped reverse the decade-long decline of Firefox, which generates about 90 percent of Mozilla's revenue and is the company's only profitable product. He's further credited with growing Mozilla's advertising business, and AI capabilities, and with reducing investment in the money-losing Pocket service. These and other successes, it's alleged, led to conversation in September 2023 when Baker outlined a plan for Teixeira to become CEO. Then he took medical leave and before he could return, the complaint says, Chambers was appointed interim CEO and Baker was removed, becoming Executive Chair of the Board of Directors. [...]
A Mozilla spokesperson said in a statement: "We are aware of the lawsuit filed against Mozilla. We deny the allegations and intend to vigorously defend against this lawsuit. Mozilla has a 25-plus-year track record of maintaining the highest standards of integrity and compliance with all applicable laws. We look forward to presenting our defense in court and are confident that the facts will demonstrate that we have acted appropriately. As this is an ongoing legal matter, we will not be providing further comments at this time."
Crime

Man Flies To Florida To Attack Another Player Over an Online Gaming Dispute (apnews.com) 123

An anonymous reader quotes a report from the Associated Press: An online gaming dispute made its way to the real world when a New Jersey man flew to Florida to attack another player with a hammer, authorities said. Edward Kang, 20, is charged with attempted second-degree murder and armed burglary with a mask, according to Nassau County court records. He was arrested early Sunday morning. Kang and the victim, another young man around the same age as Kang, had never met in real life, but they both played ArcheAge, a medieval fantasy massively multiplayer online role-playing game. The game's publisher announced in April that it would be shutting down servers in Europe and North America on June 27, citing a declining number of active players.

Kang flew from Newark, New Jersey, to Jacksonville, Florida, last Thursday after telling his mother that he was going to visit a friend that he had met while playing a video game, officials said. Officials didn't say how Kang learned where the victim lives. Upon arrival, Kang took an Uber to a hotel in Fernandina Beach, about 35 miles north of Jacksonville, and then bought a hammer at a local hardware store, deputies said. Kang went to the victim's Fernandina Beach home, which was unlocked, around 2 a.m. Sunday, authorities said. The victim was walking out of his bedroom when he was confronted by Kang, who hit him on the head with the hammer, officials said. The two struggled as the victim called for help. His stepfather responded and helped to restrain Kang until police arrived. The victim suffered several head wounds that were not considered life-threatening, officials said. Online court records didn't list an attorney for Kang. He was being held without bond.

Piracy

South Korean ISP 'Infected' 600,000 Torrenting Subscribers With Malware (torrentfreak.com) 21

An anonymous reader quotes a report from TorrentFreak: Last week, an in-depth investigative report from JBTC revealed that Korean Internet provider KT, formerly known as Korea Telecom, distributed malware onto subscribers' computers to interfere with and block torrent traffic. File-sharing continues to be very popular in South Korea, but operates differently than in most other countries. "Webhard" services, short for Web Hard Drive, are particularly popular. These are paid BitTorrent-assisted services, which also offer dedicated web seeds, to ensure that files remain available.

Webhard services rely on the BitTorrent-enabled 'Grid System', which became so popular in Korea that ISPs started to notice it. Since these torrent transfers use a lot of bandwidth, which is very costly in the country, providers would rather not have this file-sharing activity on their networks. KT, one of South Korea's largest ISPs with over 16 million subscribers, was previously caught meddling with the Grid System. In 2020, their throttling activities resulted in a court case, where the ISP cited 'network management' costs as the prime reason to interfere. The Court eventually sided with KT, ending the case in its favor, but that wasn't the end of the matter. An investigation launched by the police at the time remains ongoing. New reports now show that the raid on KT's datacenter found that dozens of devices were used in the 'throttling process' and they were doing more than just limiting bandwidth.

When Webhard users started reporting problems four years ago, they didn't simply complain about slow downloads. In fact, the main concern was that several Grid-based Webhard services went offline or reported seemingly unexplainable errors. Since all complaining users were KT subscribers, fingers were pointed in that direction. According to an investigation by Korean news outlet JBTC, the Internet provider actively installed malware on computers of Webhard services. This activity was widespread and effected an estimated 600,000 KT subscribers. The Gyeonggi Southern Police Agency, which carried out the raid and investigation, believes this was an organized hacking attempt. A dedicated KT team allegedly planted malware to eavesdrop on subscribers and interfere with their private file transfers. [...] Why KT allegedly distributed the malware and what it precisely intended to do is unclear. The police believe there were internal KT discussions about network-related costs, suggesting that financial reasons played a role.

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