×
The Courts

Consumers Sue Apple, Taking Page From Justice Department Lawsuit (reuters.com) 116

Apple has been hit with a flurry of new consumer lawsuits accusing the iPhone maker of monopolizing the smartphone market, piggybacking on a sweeping antitrust case lodged by the U.S. Justice Department and 15 states last week. From a report: At least three proposed class actions have been filed since Friday in California and New Jersey federal courts by iPhone owners who claim Apple inflated the cost of its products through anticompetitive conduct. The lawsuits, seeking to represent millions of consumers, mirror the Justice Department's claims that Apple violated U.S. antitrust law by suppressing technology for messaging apps, digital wallets and other items that would have increased competition in the market for smartphones.
Android

DOJ Antitrust Lawsuit Says Apple Is Causing Android Users 'Social Stigma' (404media.co) 237

FrankOVD shares a report: Here's a paragraph from the DOJ's antitrust lawsuit against Apple in full: "In addition to degrading the quality of third-party messaging apps, Apple affirmatively undermines the quality of rival smartphones. For example, if an iPhone user messages a non-iPhone user in Apple Messages -- the default messaging app on an iPhone -- then the text appears to the iPhone user as a green bubble and incorporates limited functionality: the conversation is not encrypted, videos are pixelated and grainy, and users cannot edit messages or see typing indicators.

"This signals to users that rival smartphones are lower quality because the experience of messaging friends and family who do not own iPhones is worse -- even though Apple, not the rival smartphone, is the cause of that degraded user experience. Many non-iPhone users also experience social stigma, exclusion, and blame for 'breaking' chats where other participants own iPhones. This effect is particularly powerful for certain demographics, like teenagers -- where the iPhone's share is 85 percent, according to one survey. This social pressure reinforces switching costs and drives users to continue buying iPhones -- solidifying Apple's smartphone dominance not because Apple has made its smartphone better, but because it has made communicating with other smartphones worse."

The Courts

Judge Orders YouTube to Reveal Everyone Who Viewed A Video (mashable.com) 169

"If you've ever jokingly wondered if your search or viewing history is going to 'put you on some kind of list,' your concern may be more than warranted," writes Mashable : In now unsealed court documents reviewed by Forbes, Google was ordered to hand over the names, addresses, telephone numbers, and user activity of Youtube accounts and IP addresses that watched select YouTube videos, part of a larger criminal investigation by federal investigators.

The videos were sent by undercover police to a suspected cryptocurrency launderer... In conversations with the bitcoin trader, investigators sent links to public YouTube tutorials on mapping via drones and augmented reality software, Forbes details. The videos were watched more than 30,000 times, presumably by thousands of users unrelated to the case. YouTube's parent company Google was ordered by federal investigators to quietly hand over all such viewer data for the period of Jan. 1 to Jan. 8, 2023...

"According to documents viewed by Forbes, a court granted the government's request for the information," writes PC Magazine, adding that Google was asked "to not publicize the request." The requests are raising alarms for privacy experts who say the requests are unconstitutional and are "transforming search warrants into digital dragnets" by potentially targeting individuals who are not associated with a crime based simply on what they may have watched online.
That quote came from Albert Fox-Cahn, executive director at the Surveillance Technology Oversight Project, who elaborates in Forbes' article. "No one should fear a knock at the door from police simply because of what the YouTube algorithm serves up. I'm horrified that the courts are allowing this."

Thanks to long-time Slashdot reader schwit1 for sharing the article.
The Courts

Could a Guilty Plea Free Julian Assange From Jail? (msn.com) 94

America's Justice Department "is considering whether to allow Julian Assange to plead guilty to a reduced charge of mishandling classified information," reports the Wall Street Journal, citing "people familiar with the matter."

Though Assange faces trial for publishing thousands of confidential U.S. documents in 2010, this development opens up "the possibility of a deal that could eventually result in his release from a British jail," reports the Journal.

Where things stand currently: A U.K. court is currently considering whether to allow a last-ditch appeal by the 52-year-old. After U.S. prosecutors charged him in 2019, U.K. law-enforcement officials apprehended him, and he has been in a London prison ever since... Britain's High Court is expected to decide within weeks whether to grant Assange a further right to appeal his extradition to the U.S. If the court rules against him, the U.S. government will likely have 28 days to come and collect Assange and bring him to face trial.
But... Justice Department officials and Assange's lawyers have had preliminary discussions in recent months about what a plea deal could look like to end the lengthy legal drama, according to people familiar with the matter, a potential softening in a standoff filled with political and legal complexities. The talks come as Assange has spent some five years behind bars. U.S. prosecutors face diminishing odds that he would serve much more time even if he were convicted stateside.

The discussions remain in flux, and talks could fizzle. Any deal would require approval at the highest levels of the Justice Department. Barry Pollack, a lawyer for Assange, said he has been given no indication that the department will take a deal. A Justice Department spokesman declined to comment.

If prosecutors allow Assange to plead to a U.S. charge of mishandling classified documents — something his lawyers have floated as a possibility — it would be a misdemeanor offense. Under such a deal, Assange potentially could enter that plea remotely, without setting foot in the U.S. The time he has spent behind bars in London would count toward any U.S. sentence, and he would likely be free to leave prison shortly after any deal was concluded.

U.S. authorities "gave a package of assurances, including a pledge he could be transferred to his native Australia to serve any sentence," according to the article. The Australian government, which has largely been supportive of Assange, could shorten any sentence once he landed on Australian soil, said Nick Vamos, a partner at London law firm Peters & Peters and a former head of extradition for England and Wales's Crown Prosecution Service. "I honestly think as soon as he arrived in Australia he would be released," he said.
Piracy

Dutch Court Orders ISP To Block 'Anna's Archive' and 'LibGen' (torrentfreak.com) 26

The Dutch pirate site blocklist has expanded with two new targets, shadow libraries Anna's Archive and Library Genesis. The court order was obtained by local anti-piracy group BREIN, acting on behalf of major publishers. Interestingly, Z-Library isn't listed in the blocking order, despite explicit warnings previously issued by BREIN. TorrentFreak reports: All blocking requests were submitted by local anti-piracy group BREIN, which acts on behalf of rightsholders. These include the major Hollywood studios but BREIN's purview is much broader. Last week, it obtained the latest blocking order, this time on behalf of the publishing industry. Issued by the Rotterdam District Court, the order requires a local Internet provider to block two well-known shadow libraries; "Anna's Archive" and "Library Genesis" (LibGen). News of this new court order was shared by BREIN which notes that both sites were found to make copyright infringing works available on a large scale. At the time of writing, a published copy is not available but, based on the covenant, all large Internet providers are expected to implement the blockades. "These types of illegal shadow libraries are very harmful. The only ones who benefit are the anonymous owners of these illegal services. Authors and publishers see no return on their efforts and investments," BREIN comments. "Copyright holders deserve an honest living. There are numerous legal ways to obtain ebooks. If desired, this can also be done very cheaply; through the library for example."

The Rotterdam court issued a so-called 'dynamic' blocking order, meaning that rightsholders can update the targeted domains and IP addresses if the sites switch to new ones in the future. This also applies to mirrors and increases the blockades' effectiveness, as there is no need to return to court. Previously, Internet provider KPN challenged these 'dynamic' orders, suggesting that they are too broad. The court rejected this argument, however, noting that the process hasn't led to any major problems thus far. BREIN further reports that Google is voluntarily offering a helping hand. As reported in detail previously, the search engine removes blocked domains from its local search results after being notified about an ISP blocking order. "The effectiveness of the blocking measure is increased because Google cooperates in combating these infringements and, at the request of BREIN, completely removes all references to websites that are blocked by order of the Dutch court from the search results," BREIN writes.

Apple

DOJ Blames Apple For Failure of Amazon Fire Phone, Windows Phone and HTC 247

DOJ, in the court filing (PDF): Many prominent, well-financed companies have tried and failed to successfully enter the relevant markets because of these entry barriers. Past failures include Amazon (which released its Fire mobile phone in 2014 but could not profitably sustain its business and exited the following year); Microsoft (which discontinued its mobile business in 2017); HTC (which exited the market by selling its smartphone business to Google in September 2017); and LG (which exited the smartphone market in 2021). Today, only Samsung and Google remain as meaningful competitors in the U.S. performance smartphone market. Barriers are so high that Google is a distant third to Apple and Samsung despite the fact that Google controls development of the Android operating system.
The Courts

Texas Sues xHamster and Chaturbate (404media.co) 292

An anonymous reader quotes a report from 404 Media: Texas Attorney General Ken Paxton just sued two more porn sites, xHamster and Chaturbate, alleging they aren't complying with age verification laws. As first reported by local news outlet KXAN, the Office of the Attorney General filed two civil lawsuits on Tuesday afternoon against Hammy Media, which owns xHamster, and Multi Media, which owns Chaturbate. Texas Governor Greg Abbott signed HB 1181 into law in June, which requires porn sites to verify the ages of users through a driver's license or passport. If porn sites don't force consenting adults to hand over a government-issued ID in order to watch other consenting adults have sex on camera, they face heavy fines.

Paxton's lawsuit against xHamster asks the court to force the site to pay a civil penalty of up to $1.67 million, with an additional $10,000 a day since filing. For Chaturbate, it's $1.78 million plus $10,000 per day. Last week, Pornhub's parent company Aylo blocked anyone accessing its network of sites from a Texas IP address, and replaced its network of sites -- which include Pornhub, Brazzers, YouPorn and many more -- with a message about its rejection of age verification legislation that requires adults to show government-issued ID to access porn. [...] As of writing, xHamster and Chaturbate are still accessible in Texas and don't have requirements to verify users' ages with a government ID.

The Courts

Epic, Spotify, Others Back DOJ Lawsuit Against Apple (appfairness.org) 68

The Coalition for App Fairness, an industry body that represents Epic, Spotify, Match Group and Proton among others, issued the following statement following the U.S. announcing it had sued Apple: "With today's announcement, the Department of Justice is taking a strong stand against Apple's stranglehold over the mobile app ecosystem, which stifles competition and hurts American consumers and developers alike. The DOJ complaint details Apple's long history of illegal conduct -- abusing their App Store guidelines and developer agreements to increase prices, extract exorbitant fees, degrade user experiences, and choke off competition. The DOJ joins regulators around the world, who have recognized the many harms of Apple's abusive behavior and are working to address it. As this case unfolds in the coming years more must be done now to end the anticompetitive practices of all mobile app gatekeepers. It remains imperative that Congress pass bipartisan legislation, like the Open App Markets Act, to create a free and open mobile app marketplace." Further reading: Apple Loses $115 Billion in Market Value as Regulators Close In.
United States

US Sues Apple, Alleges Tech Giant Exploits Illegal Monopoly (wsj.com) 125

The Justice Department sued Apple on Thursday, alleging the tech giant blocked software developers and mobile gaming companies from offering better options on the iPhone, resulting in higher prices for consumers. WSJ: The government's antitrust complaint, filed in a New Jersey federal court, alleges Apple used its control of the iPhone to prevent competitors from offering innovative services such as digital wallets and limited the functionality of hardware products that compete with Apple's own devices. The suit also claims that Apple makes it difficult for users to switch to devices that don't use Apple's operating system, such as Android smartphones.

"Consumers should not have to pay higher prices because companies violate the antitrust laws," Attorney General Merrick Garland said in a statement. Apple said it plans to vigorously defend against the lawsuit. "This lawsuit threatens who we are and the principles that set Apple products apart in fiercely competitive markets," an Apple spokesman said in a statement. "If successful, it would hinder our ability to create the kind of technology people expect from Apple -- where hardware, software, and services intersect." The case against Apple is the last shoe to drop on the big four tech giants by U.S. antitrust officials.

Bitcoin

Woman With $2.5 Billion In Bitcoin Convicted of Money Laundering (bbc.co.uk) 70

mrspoonsi shares a report from the BBC: A former takeaway worker found with Bitcoin worth more than $2.5 billion has been convicted at Southwark Crown Court of a crime linked to money laundering. Jian Wen, 42, from Hendon in north London, was involved in converting the currency into assets including multi-million-pound houses and jewelry. On Monday she was convicted of entering into or becoming concerned in a money laundering arrangement. The Met said the seizure is the largest of its kind in the UK.

Although Wen was living in a flat above a Chinese restaurant in Leeds when she became involved in the criminal activity, her new lifestyle saw her move into a six-bedroom house in north London in 2017 which was rented for more than $21,000 per month. She posed as an employee of an international jewelry business and moved her son to the UK to attend private school, the Crown Prosecution Service (CPS) said. That same year, Wen tried to buy a string of expensive houses in London, but struggled to pass money-laundering checks and her claims she had earned millions legitimately mining Bitcoin were not believed. She later travelled abroad, buying jewelry worth tens of thousands of pounds in Zurich, and purchasing properties in Dubai in 2019.

Another suspect is thought to be behind the fraud but they remain at large. The Met said it carried out a large scale investigation as part of the case - searching several addresses, reviewing 48 electronic devices, and examining thousands of digital files including many which were translated from Mandarin. The CPS has obtained a freezing order from the High Court, while it carries out a civil recovery investigation that could lead to the forfeiture of the Bitcoin. The value of the Bitcoin was worth around $2.5 billion at the time of initial estimates -- but due to the fluctuation in the currency's value, it has since increased to around $4.3 billion.

United Kingdom

Nicholas Hawkes, 39, Becomes First in England To Be Jailed for Cyber Flashing (sky.com) 159

A man has been sentenced for cyber flashing in England for the first time. From a report: Nicholas Hawkes, 39, from Basildon in Essex, was jailed for 66 weeks at Southend Crown Court today after he sent unsolicited photos of his erect penis to a 15-year-old girl and a woman on 9 February. The older victim took screenshots of the offending image on WhatsApp and reported Hawkes to the police the same day.

Cyber flashing became a criminal offence in England with the passage of the Online Safety Act on 31 January. It has been a crime in Scotland since 2010. The offence covers the sending of an unsolicited sexual image to people via social media, dating apps, text message or data-sharing services such as Bluetooth and AirDrop. Victims of cyber flashing get lifelong anonymity from the time they report the offence, as it also falls under the Sexual Offences Act.

Government

EPA Bans Chrysotile Asbestos (apnews.com) 98

An anonymous reader quotes a report from the Associated Press: The Environmental Protection Agency on Monday announced a comprehensive ban on asbestos, a carcinogen that kills tens of thousands of Americans every year but is still used in some chlorine bleach, brake pads and other products. The final rule marks a major expansion of EPA regulation under a landmark 2016 law that overhauled regulations governing tens of thousands of toxic chemicals in everyday products, from household cleaners to clothing and furniture. The new rule would ban chrysotile asbestos, the only ongoing use of asbestos in the United States. The substance is found in products such as brake linings and gaskets and is used to manufacture chlorine bleach and sodium hydroxide, also known as caustic soda, including some that is used for water purification. [...]

The 2016 law authorized new rules for tens of thousands of toxic chemicals found in everyday products, including substances such as asbestos and trichloroethylene that for decades have been known to cause cancer yet were largely unregulated under federal law. Known as the Frank Lautenberg Chemical Safety Act, the law was intended to clear up a hodgepodge of state rules governing chemicals and update the Toxic Substances Control Act, a 1976 law that had remained unchanged for 40 years. The EPA banned asbestos in 1989, but the rule was largely overturned by a 1991 Court of Appeals decision that weakened the EPA's authority under TSCA to address risks to human health from asbestos or other existing chemicals. The 2016 law required the EPA to evaluate chemicals and put in place protections against unreasonable risks. Asbestos, which was once common in home insulation and other products, is banned in more than 50 countries, and its use in the U.S. has been declining for decades. The only form of asbestos known to be currently imported, processed or distributed for use in the U.S. is chrysotile asbestos, which is imported primarily from Brazil and Russia. It is used by the chlor-alkali industry, which produces bleach, caustic soda and other products. Most consumer products that historically contained chrysotile asbestos have been discontinued. While chlorine is a commonly used disinfectant in water treatment, there are only eight chlor-alkali plants in the U.S. that still use asbestos diaphragms to produce chlorine and sodium hydroxide. The plants are mostly located in Louisiana and Texas.

The use of asbestos diaphragms has been declining and now accounts for less than one-third of the chlor-alkali production in the U.S., the EPA said. The EPA rule will ban imports of asbestos for chlor-alkali as soon as the rule is published but will phase in prohibitions on chlor-alkali use over five or more years to provide what the agency called "a reasonable transition period." A ban on most other uses of asbestos will effect in two years. A ban on asbestos in oilfield brake blocks, aftermarket automotive brakes and linings and other gaskets will take effect in six months. The EPA rule allows asbestos-containing sheet gaskets to be used until 2037 at the U.S. Department of Energy's Savannah River Site in South Carolina to ensure that safe disposal of nuclear materials can continue on schedule. Separately, the EPA is also evaluating so-called legacy uses of asbestos in older buildings, including schools and industrial sites, to determine possible public health risks. A final risk evaluation is expected by the end of the year.

United States

US Supreme Court Seems Wary of Curbing US Government Contacts With Social Media Platforms (reuters.com) 113

U.S. Supreme Court justices on Monday appeared skeptical of a challenge on free speech grounds to how President Joe Biden's administration encouraged social media platforms to remove posts that federal officials deemed misinformation, including about elections and COVID-19. From a report: The justices heard oral arguments in the administration's appeal of a lower court's preliminary injunction constraining how White House and certain other federal officials communicate with social media platforms. The Republican-led states of Missouri and Louisiana, along with five individual social media users, sued the administration.

They argued that the government's actions violated the U.S. Constitution's First Amendment free speech rights of users whose posts were removed from platforms such as Facebook, YouTube, and Twitter, now called X. The case tests whether the administration crossed the line from mere communication and persuasion to strong arming or coercing platforms - sometimes called "jawboning" - to unlawfully censor disfavored speech, as lower courts found.

Government

Why Oregon's Drug Decriminalization Failed (msn.com) 194

In 2020 Oregon passed Measure 110, decriminalizing possession of small amounts of drugs.

But now "America's most radical experiment with drug decriminalization has ended," writes the Atlantic, "after more than three years of painful results." Oregon Governor Tina Kotek has pledged to sign legislation repealing the principal elements of the ballot initiative... Possessing hard drugs is again a crime in Oregon, and courts will return to mandating treatment for offenders. Oregonians had supported Measure 110 with 59 percent of the vote in 2020, but three years later, polling showed that 64 percent wanted some or all of it repealed...

More than $260 million were allocated to services such as naloxone distribution, employment and housing services, and voluntary treatment... Once drugs were decriminalized and destigmatized, the thinking went, those who wanted to continue using would be more willing to access harm-reduction services that helped them use in safer ways. Meanwhile, the many people who wanted to quit using drugs but had been too ashamed or fearful to seek treatment would do so. Advocates foresaw a surge of help-seeking, a reduction in drug-overdose deaths, fewer racial disparities in the health and criminal-justice systems, lower rates of incarceration, and safer neighborhoods for all...

Measure 110 did not reduce Oregon's drug problems. The drug-overdose-death rate increased by 43 percent in 2021, its first year of implementation — and then kept rising. The latest CDC data show that in the 12 months ending in September 2023, deaths by overdose grew by 41.6 percent, versus 2.1 percent nationwide. No other state saw a higher rise in deaths... Neither did decriminalization produce a flood of help-seeking. The replacement for criminal penalties, a $100 ticket for drug possession with the fine waived if the individual called a toll-free number for a health assessment, with the aim of encouraging treatment, failed completely. More than 95 percent of people ignored the ticket, for which — in keeping with the spirit of Measure 110 — there was no consequence. The cost of the hotline worked out to about $7,000 per completed phone call, according to The Economist. These realities, as well as associated disorder such as open-air drug markets and a sharp rise in violent crime — while such crime was falling nationally — led Oregonians to rethink their drug policy.

The article notes that Oregon was the first U.S. state to decriminalize marijuana back in 1973, and had long shown low rates of imprisonment for non-violent crimes (diverting offenders into so-called "drug courts" which could mandate treatment or order court-directed supervision). "However, after Measure 110 was passed and the threat of jail time eliminated, the flow of people into these programs slowed."

But "One thing Measure 110 got right, at least in principle, is that Oregon's addiction-treatment system was grossly underfunded," the article concludes. And it adds that the newly-passed law now "provides extensive new funding for immediate needs, including detox facilities, sobering centers, treatment facilities, and the staff to support those services."

They recommend other states adopt "adequately funded, evidence-based prevention and treatment" — and instead of punitive incarcerations, "use criminal justice productively to discourage drug use."
Transportation

Boeing Whistleblower Found Dead in Apparent Suicide (npr.org) 148

A Boeing quality manager for more than 30 years "learned of and exposed very serious safety problems with the Boeing 787 Dreamliner," according to his lawyers, "and was retaliated against and subjected to a hostile work environment."

After retiring in 2017 he'd filed a whistleblower retaliation case, and "was in the middle of giving deposition testimony... when he died, his lawyers, Robert Turkewitz and Brian Knowles, told NPR." "He was in very good spirits and really looking forward to putting this phase of his life behind him and moving on," the South Carolina-based attorneys said in a joint statement. "We didn't see any indication he would take his own life. No one can believe it."

Police said officers were sent to the hotel to conduct a welfare check after people were unable to contact Barnett, who had traveled to Charleston to testify in his lawsuit against Boeing. "Upon their arrival, officers discovered a male inside a vehicle suffering from a gunshot wound to the head," police said in a statement sent to NPR. "He was pronounced deceased at the scene...."

Barnett, who spent decades working for Boeing at its plants in Everett, Washington, and North Charleston, South Carolina, had repeatedly alleged that Boeing's manufacturing practices had declined — and that rather than improve them, he added, managers had pressured workers not to document potential defects and problems.

"We are saddened by Mr. Barnett's passing, and our thoughts are with his family and friends," Boeing said in a statement sent to NPR....

Barnett filed a whistleblower complaint against Boeing in early 2017; his case against the company was heading toward a trial this June, his family said. "He was looking forward to having his day in court and hoped that it would force Boeing to change its culture," the family said in a statement shared with NPR by his brother, Rodney Barnett. The family says Barnett's health declined because of the stresses of taking a stand against his longtime employer.

"He was suffering from PTSD and anxiety attacks as a result of being subjected to the hostile work environment at Boeing," they said, "which we believe led to his death."

"Two of his attorneys called on police to fully investigate how he had died," reports the BBC.

And for what it's worth, the New York Post says Barnett "made a grim prediction that he could potentially end up dead after raising safety concerns about the jetliner giant, allegedly telling a family friend: 'If anything happens, it's not suicide.'"

UPDATE: Fortune just published an article called "The last days of the Boeing whistleblower."

Thanks to Slashdot readers wgoodman and sinij for sharing the article.
The Courts

Florida Man Sues G.M. and LexisNexis Over Sale of His Cadillac Data (nytimes.com) 125

An anonymous reader quotes a report from the New York Times: When Romeo Chicco tried to get auto insurance in December, seven different companies rejected him. When he eventually obtained insurance, it was nearly double the rate he was previously paying. According to a federal complaint filed this week seeking class-action status, it was because his 2021 Cadillac XT6 had been spying on him. Modern cars have been called "smartphones with wheels," because they are connected to the internet and packed with sensors and cameras. According to the complaint, an agent at Liberty Mutual told Mr. Chicco that he had been rejected because of information in his "LexisNexis report." LexisNexis Risk Solutions, a data broker, has traditionally kept tabs for insurers on drivers' moving violations, prior insurance coverage and accidents.

When Mr. Chicco requested his LexisNexis file, it contained details about 258 trips he had taken in his Cadillac over the past six months. His file included the distance he had driven, when the trips started and ended, and an accounting of any speeding and hard braking or accelerating. The data had been provided by General Motors -- the manufacturer of his Cadillac. In a complaint against General Motors and LexisNexis Risk Solutions filed in the U.S. District Court for the Southern District of Florida, Mr. Chicco accused the companies of violation of privacy and consumer protection laws. The lawsuit follows a report by The New York Times that, unknown to consumers, automakers have been sharing information on their driving behavior with the insurance industry, resulting in increased insurance rates for some drivers.

United States

FTC Goes Undercover Against Fake Antivirus Companies (404media.co) 5

The Federal Trade Commission (FTC) filed a legal complaint against two companies based in Cyprus on Wednesday that it claims are behind a wave of malicious pop-ups that trick people into downloading a fake piece of antivirus software that generated tens of millions of dollars for its operators, according to court records. From a report: The scam also involved misrepresenting results on malware repository VirusTotal as infections on the user's own computer. (Update: after the publication of this piece the FTC announced that Restoro and Reimage will pay $26 million to settle the FTC's charges.)

The move is the latest from the FTC in a series of actions in the privacy and cybersecurity space. In January, the FTC banned a data broker called X-Mode from selling sensitive location data after I revealed it was harvesting location data from Muslim prayer and dating apps. In this case, the FTC says it went "undercover" against the two related companies, called Restoro and Reimage, to buy the deceiving software and have phone calls with company representatives. "Since at least January 2018, Defendants have operated a tech support scheme that has bilked tens of millions of dollars from consumers, particularly older consumers," the FTC's complaint reads. The complaint is seeking a permanent injunction against the two companies as well as monetary relief.

Crime

Sam Bankman-Fried Deserves 40-50 Years in Prison For FTX Fraud, Prosecutors Say (cnbc.com) 85

Sam Bankman-Fried should spend between 40 and 50 years in prison after being convicted for stealing $8 billion from customers of his now-bankrupt FTX cryptocurrency exchange, prosecutors said on Friday. From a report: "His life in recent years has been one of unmatched greed and hubris; of ambition and rationalization; and courting risk and gambling repeatedly with other people's money," federal prosecutors in Manhattan wrote. "And even now Bankman-Fried refuses to admit what he did was wrong." A jury found Bankman-Fried, 32, guilty in November on seven counts of fraud and conspiracy.

Lawyers for the former billionaire told U.S. District Judge Lewis Kaplan that a 5-1/4 to 6-1/2 year prison term would be appropriate. They said FTX clients would get most of their money back, and that Bankman-Fried did not set out to steal. Kaplan is scheduled to sentence Bankman-Fried on March 28 in Manhattan federal court. Bankman-Fried plans to appeal his conviction and sentence.

The Courts

Apple, Investors Reach $490 Million Settlement in Fraud Case (bloomberg.com) 5

Apple reached a $490 million settlement of a class-action lawsuit brought by a group of investors who accused Chief Executive Officer Tim Cook of misleading them in 2018 about the company's sales prospects. From a report: Cook made false statements about the company's business in China that caused Apple stock to trade at artificially inflated prices, the investors said in their complaint, which alleged violation of securities laws. Lawyers disclosed the proposed settlement in a request for judicial approval filed Friday in federal court in Oakland, California. The settlement comes as Apple continues to face headwinds in China, where iPhone sales fell by a surprising 24% over the first six weeks of this year, according to independent research released earlier this month. Attorneys for the investors described the settlement as the third-largest securities class-action recovery in the district's history.
The Courts

Supreme Court Tosses Rulings on Public Officials' Social Media Blockings (thehill.com) 58

The Supreme Court clarified when public officials can block critical constituents from their personal profiles without violating their constitutional protections in a unanimous decision Friday. From a report: After hearing appeals of two conflicting rulings -- one filed against school board members in Southern California and another filed against the city manager of Port Huron, Mich. -- the justices provided no definitive resolution to the disputes and instead sent both cases back to lower courts to apply the new legal test. In a unanimous decision authored by Justice Amy Coney Barrett, the court said state officials cannot block constituents on their personal pages when they have "actual authority to speak on behalf of the State on a particular matter" and "purported to exercise that authority in the relevant posts."

"For social-media activity to constitute state action, an official must not only have state authority -- he must also purport to use it," Barrett wrote. The case marked the latest battle over public officials' social media presence when they mesh their official and personal roles. The 6th U.S. Circuit Court of Appeals, which heard the Michigan case, sided with the city manager, James Freed, who deleted comments on his Facebook page left by a resident and blocked several of the resident's profiles. The resident, Kevin Lindke, had criticized Freed over his handling of the COVID-19 pandemic, court filings indicate.

Slashdot Top Deals