Government

Dutch Government Takes Control of China-Owned Chipmaker Nexperia (reuters.com) 38

"Dutch authorities have temporarily nationalized Nexperia, owned by Chinese company Wingtech, over fears of critical product unavailability," writes longtime Slashdot reader evil_aaronm. Reuters reports: The Hague invoked never-before-used powers under a Dutch law known as the "Availability of Goods Act." The decision led to a 10% fall in Wingtech's shares in Shanghai on Monday. The Dutch government will not take ownership of Nexperia, but it will now have the power to reverse or block management decisions it considers harmful. The company's regular production is continuing. [...] Wingtech called the Dutch government's intervention in Nexperia, once part of Dutch electronics group Philips, "excessive interference driven by geopolitical bias." Wingtech also alleged that non-Chinese Nexperia executives had tried to forcibly alter the company's equity structure through legal proceedings in a "cloaked power grab" on the company.

A copy of an Amsterdam commercial court ruling dated October 7 and seen by Reuters showed that the court decided on October 1 to suspend Wingtech CEO Zhang Xuezheng from his position as executive director at Nexperia after finding "well founded reasons to doubt" the company was pursuing correct management policy or actions under Dutch civil law. It appointed Dutch businessman Guido Dierick to take Zhang's position with a "deciding vote", and transferred control of almost all of Nexperia's shares to a Dutch lawyer for management. The Dutch state and the company's labour council had supported the moves, the document showed. [...]

In its statement, the Dutch government said that administrative problems at Nexperia posed a threat to the company's "crucial technological knowledge" without elaborating. "The loss of these capabilities could pose a risk to Dutch and European economic security," it said. Nexperia is one of the world's largest makers of simple computer chips such as diodes and transistors, though it also develops more advanced technologies such as "wide gap" semiconductors used in electrical settings and useful for electric cars, chargers and AI data centres. Wingtech said in a filing to the Shanghai stock exchange on Monday that its control over Nexperia would be temporarily restricted due to the Dutch order and court rulings, affecting decision making and operational efficiency.

Transportation

Carmakers Chose To Cheat To Sell Cars Rather Than Comply With Emissions Law, 'Dieselgate' Trial Told (yahoo.com) 105

Car manufacturers decided they would rather cheat to prioritise "customer convenience" and sell cars than comply with the law on deadly pollutants, the first day of the largest group action trial in English legal history has been told. From a report: More than a decade after the original "dieselgate" scandal broke, lawyers representing 1.6 million diesel car owners in the UK argue that manufacturers deliberately installed software to rig emissions tests. They allege the "prohibited defeat devices" could detect when the cars were under test conditions and ensure that harmful NOx emissions were kept within legal limits, duping regulators and drivers.

Should the claim be upheld, estimated damages could exceed $8 billion. The three-month hearing that opened at London's high court on Monday will focus on vehicles sold by five manufacturers -- Mercedes, Ford, Renault, Nissan and Peugeot/Citroen -- from 2009. In "real world" conditions, when driven on the road, lawyers argue, the cars produced much higher levels of emissions. The judgment on the five lead defendants will also bind other manufacturers including Jaguar Land Rover, Vauxhall/Opel, Volkswagen/Porsche, BMW, FCA/Suzuki, Volvo, Hyundai-Kia, Toyota and Mazda, whose cases are not being heard to reduce the case time and costs.

Social Networks

New York City Sues Social Media Companies Over 'Youth Mental Health Crisis' (gizmodo.com) 36

An anonymous reader quotes a report from Gizmodo: The City of New York is reaching across the country to sue tech giants headquartered in California over allegations that their platforms have created a youth mental health crisis. The city, along with its school districts and health department, alleges that "gross negligence" on the part of Meta, Alphabet, Snap, and ByteDance has gotten kids hooked on social media, which has created a "public nuisance" that is placing a strain on the city's resources.

In a 327-page complaint filed in the US District Court for the Southern District of New York, the city alleges that tech companies have designed their platforms in a way that seeks to "maximize the number of children" using them, and have built "algorithms that wield user data as a weapon against children and fuel the addiction machine." The city also alleges that these companies "know children and adolescents are in a developmental stage that leaves them particularly vulnerable to the addictive effects of these features," but "target them anyway, in pursuit of additional profit."

[...] It cites data from the New York City Police Department, for instance, that show at least 16 teens have died while "subway surfing" -- riding outside of a moving train -- a dangerous behavior which the lawsuit claims has been encouraged by social media trends. Two girls, ages 12 and 13, died earlier this month while subway surfing. It also cited survey data collected from New York high school students, which shows that 77.3% of the city's teens spend three or more hours per day on screens, which it claims has contributed to lost sleep and, in turn, absences from school -- corroborated by the city's school districts, which provided data to show that 36.2% of all public school students are considered chronically absent, missing at least 10% of the school year.

The Internet

Internet Archive Ordered To Block Books in Belgium After Talks With Publishers Fail (torrentfreak.com) 7

The Internet Archive must block access to books in its Open Library project for Belgian users after negotiations with publishers failed. A Brussels Business Court issued a site-blocking order in July targeting several shadow libraries and the Internet Archive. A Belgian government department paused the order for the U.S. nonprofit and urged both parties to negotiate. The talks over recent weeks were unsuccessful.

The Department for Combating Infringements of Copyright concluded last week that the Internet Archive hosts the contested books and has the ability to render them inaccessible. Publishers must supply a list of books to be blocked. The nonprofit then has 20 calendar days to implement the measures and prevent future digital lending of those works in Belgium. The order includes a one-time penalty of $578,000 for non-compliance and remains in place until July 16 next year. The Internet Archive operates Open Library by purchasing physical copies and digitizing them to lend out one at a time. Publishers previously won a U.S. federal court case against the project.
Books

Internet Archive Ordered to Block Books in Belgium (torrentfreak.com) 46

After failed negotiations with publishers, Belgium's copyright enforcement agency has ordered the Internet Archive to block access to specific books in its Open Library within Belgium or face a 500,000-euro fine. TorrentFreak reports: Back in July, the Brussels Business Court issued a sweeping ex parte site-blocking order targeting several "shadow libraries" including Anna's Archive, Libgen, and Z-Library. Unusually, the order also included the Internet Archive's Open Library, a project operated by the well-known U.S. non-profit organization Internet Archive. The order was granted based on a request from publishers and authors who claimed, among other things, that the operators of the targeted sites were difficult to identify. This also applied to the Internet Archive, which was not heard by the court before the order was issued.

[...] Over the past several weeks, Internet Archive attempted to reach an agreement with the publishers, but the effort was unsuccessful. It is clear, however, that the Internet Archive believes that its use of copyrighted books for the Open Library qualifies as fair use. The organization is known to purchase physical copies, which it then digitizes to lend out to patrons, one copy at a time. This self-digitizing project was previously contested in a U.S. federal court, where the publishers ultimately came out as the winner. They argued that the Internet Archive project competed with their own licensing business for book lending. The detailed arguments at the center of the Belgian case are not public, but after hearing both sides, the Department for Combating Infringements of Copyright concluded that Internet Archive must take action.

In a follow-up decision (PDF) published last week, the government department explicitly states that it can't rule on U.S. fair use or the Belgian equivalent, but concludes that self-blocking measures are warranted. The Internet Archive hosts the contested books and has the ability to render them inaccessible. If it refuses to do so, it may be considered a copyright infringer under local law. The final decision requires the rightsholders to supply the Internet Archive with a list of all books that should be blocked in Belgium. The non-profit then has 20 calendar days to implement the necessary measures. In addition to making the books unavailable, Internet Archive must also prevent these works from being made available for digital lending in the future.

Google

Play Store Changes Coming This Month as SCOTUS Declines To Freeze Antitrust Remedies (arstechnica.com) 23

An anonymous reader shares a report: Changes are coming to the Play Store in spite of a concerted effort from Google to maintain the status quo. The company asked the US Supreme Court to freeze parts of the Play Store antitrust ruling while it pursued an appeal, but the high court has rejected that petition. That means the first elements of the antitrust remedies won by Epic Games will have to be implemented in mere weeks.

The app store case is one of three ongoing antitrust actions against Google, but it's the furthest along of them. Google lost the case in 2023, and in 2024, US District Judge James Donato ordered a raft of sweeping changes aimed at breaking Google's illegal monopoly on Android app distribution. In July, Google lost its initial appeal, leaving it with little time before the mandated changes must begin.

[...] The more dramatic changes are not due until July 2026, but this month will still bring major changes to Android apps. Google will have to allow developers to link to alternative methods of payment and download outside the Play Store, and it cannot force developers to use Google Play Billing within the Play Store. Google is also prohibited from setting prices for developers.

Piracy

Sports Piracy Operator Goes From Jail To Getting Hired By a Tech Unicorn In a Month (torrentfreak.com) 2

An anonymous reader quotes a report from TorrentFreak: The operator of a popular pirate sports streaming site in Argentina has gone from spending time in jail with murderers to landing a new high-profile job a month later. Alejo "Shishi" Warles, the 25-year-old operator of Al Angulo TV, was arrested on August 20 in a LaLiga-backed crackdown. After his release on bail, he was hired by professional esports team 9z Globant, a partnership involving Argentine tech unicorn Globant. [...] The team is the result of a partnership between 9z Team and Argentinian tech unicorn Globant. Somewhat ironically, Globant previously worked with LaLiga to monitor the live-streaming user experience. Warles welcomed himself to 9z Globant via the team's social media account, referring to himself as an idol, genius, and GOAT.

Lucia Quinteros, the main social media manager at the esports team, informed Entre Rios that after considering their new hire's history, they believe that he can add value to the team. "We hired Alejo, not the person who set up that project (Al Angulo TV). Of course, we evaluated what happened, but we believe that, from now on, Alejo can pursue a different career path," Quinteros said. According to Warles himself, he was hired because he's the best. Like many of his comments, this bravado should not be taken too seriously, but nevertheless sits in stark contrast to the typical pirate site operator facing criminal charges.

It's funny.  Laugh.

Indian Court Tells Doctors To Fix Their Handwriting (bbc.com) 17

A high court in India has ruled that legible medical prescriptions are a fundamental right after a judge found a government doctor's report completely incomprehensible. Justice Jasgurpreet Singh Puri of the Punjab and Haryana High Court issued the order while reviewing a bail petition in an unrelated criminal case. The medico-legal report examining an alleged assault victim was written in handwriting that the judge said left not even a single word or letter legible.

The court directed India's government to add handwriting instruction to medical school curriculum and mandated a two-year timeline for rolling out digital prescriptions nationwide. Until electronic systems are implemented, all doctors must write prescriptions in capital letters. The Indian Medical Association, representing over 330,000 physicians, told BBC it would help address the issue. Association president Dr Dilip Bhanushali said doctors in Indian cities have largely adopted digital prescriptions but practitioners in rural areas and small towns continue using handwritten notes.
AI

Spooked By AI, Bollywood Stars Drag Google Into Fight For 'Personality Rights' (reuters.com) 6

In India, Bollywood stars are asking judges to protect their voice and persona in the era of AI. From a report: One famous couple's biggest target is Google's YouTube. Abhishek Bachchan and his wife Aishwarya Rai Bachchan, known for her iconic Cannes Film Festival red carpet appearances, have asked a judge to remove and prohibit creation of AI videos infringing their intellectual property rights. But in a more far-reaching request, they also want Google ordered to have safeguards to ensure such YouTube videos uploaded anyway do not train other AI platforms, legal papers reviewed by Reuters show.

A handful of Bollywood celebrities have begun asserting their "personality rights" in Indian courts over the last few years, as the country has no explicit protection for those like in many U.S. states. But the Bachchans' lawsuits are the most high-profile to date about the interplay of personality rights and the risk that misleading or deepfake YouTube videos could train other AI models. The actors argue that YouTube's content and third-party training policy is concerning as it lets users consent to sharing of a video they created to train rival AI models, risking further proliferation of misleading content online, according to near-identical filings from Abhishek and Aishwarya dated September 6, which are not public.

Crime

Charlie Javice Sentenced To 7 Years In Prison For Fraudulent Sale of Her Startup To JPMorgan (cnn.com) 77

Charlie Javice, founder of college financial-aid startup Frank, was sentenced to over seven years in prison for defrauding JPMorgan by inflating user numbers before the bank's $175 million acquisition. CNN reports: Javice, 33, was convicted in March of duping the banking giant when it bought her company, called Frank, in the summer of 2021. She made false records that made it seem like Frank had over 4 million customers when it had fewer than 300,000. Addressing the court before she was sentenced, Javice, who was in her mid-20s when she founded the company, said she was "haunted that my failure has transformed something meaningful into something infamous." Sometimes speaking through tears, she said she "made a choice that I will spend my entire life regretting."

Judge Alvin K. Hellerstein largely dismissed arguments by Javice's lawyer, Ronald Sullivan, that he should be lenient because the negotiations that led to Frank's sale pitted "a 28-year-old versus 300 investment bankers from the largest bank in the world." Still, the judge criticized the bank, saying "they have a lot to blame themselves" for after failing to do adequate due diligence. He quickly added, though, that he was "punishing her conduct and not JPMorgan's stupidity." Javice was among a number of young tech executives who vaulted to fame with supposedly disruptive or transformative companies, only to see them collapse amid questions about whether they had engaged in puffery and fraud while dealing with investors.

Crime

Chinese Woman Convicted After 'World's Biggest' Bitcoin Seizure (bbc.com) 35

An anonymous reader quotes a report from the BBC: A Chinese national has been convicted following an international fraud investigation which resulted in what's believed to be the single largest cryptocurrency seizure in the world. The Metropolitan Police says it recovered 61,000 bitcoin worth more than $6.7 billion in current prices. Zhimin Qian, also known as Yadi Zhang, pleaded guilty on Monday at Southwark Crown Court of illegally acquiring and possessing the cryptocurrency. A second person appeared in court on Tuesday to admit to their role in the scheme.

Malaysian national Seng Hok Ling, of Matlock, Derbyshire, pleaded guilty at Southwark Crown Court of entering into a money laundering arrangement on or before April 23, 2024. According to the charge, he had been dealing in cryptocurrency on Qian's behalf, "knowing or suspecting his actions would facilitate the acquisition or control of criminal property by another." Between 2014 and 2017 Qian led a large-scale scam in China which involved cheating more than 128,000 victims and storing the stolen funds in bitcoin assets, the Met said in a statement.

It said the 47-year-old's guilty plea followed a seven-year probe into a global money laundering web which began when it got a tipoff about the transfer of criminal assets. Qian had been "evading justice" for five years up to her arrest, which required a complex investigation involving multiple jurisdictions, said Detective Sergeant Isabella Grotto, who led the Met's investigation. She fled China using false documents and entered the UK, where she attempted to launder the stolen money by buying property, said the Met.
"By pleading guilty today, Ms Zhang hopes to bring some comfort to investors who have waited since 2017 for compensation, and to reassure them that the significant rise in cryptocurrency values means there are more than sufficient funds available to repay their losses," said Qian's solicitor Roger Sahota, of Berkeley Square Solicitors.

"Bitcoin and other cryptocurrencies are increasingly being used by organised criminals to disguise and transfer assets, so that fraudsters may enjoy the benefits of their criminal conduct," added deputy chief Crown prosecutor, Robin Weyell. "This case, involving the largest cryptocurrency seizure in the UK, illustrates the scale of criminal proceeds available to those fraudsters."
Privacy

Reddit Mods Sued By YouTuber Ethan Klein Fight Efforts To Unmask Them (404media.co) 104

alternative_right shares a report from 404 Media: Critics of YouTuber Ethan Klein are pushing back on subpoenas that would reveal their identities as part of an ongoing legal fight between Klein and his detractors. Klein is a popular content creator whose YouTube channel has more than 2 million subscribers. He's also involved in a labyrinthine personal and legal beef with three other content creators and the moderators of a subreddit that criticizes his work. Klein filed a legal motion to compel Discord and Reddit to reveal the identities of those moderators, a move their lawyers say would put them in harm's way and stifle free speech on the internet forever.

[...] On July 31, a judge allowed Klein's lawyers to file a subpoena with Reddit and Discord that would reveal the identities of the people running r/h3snark and an associated Discord server. On September 22, lawyers for the defendants filed a motion to quash the subpoenas. "On its face, the Action is about copyright infringement," the latest filing said. "At its heart, however, the Action is about stifling criticism and seeking retribution by unmasking individuals for perceived reputational harms TEI [Klein's production company] attributes to [John Doe moderators] unrelated to TEI's intellectual property rights." [...]

The anonymity of places like Reddit and Discord grant a layer of protection to people seeking to critique power. This case could set a dangerous precedent, the lawyers believe. "If the court allows TEI's Subpoenas, it would enable TEI to impose a considerable price on Does' use of the vehicle of anonymous speech -- including public exposure, real risks of retaliation and actual harm, and the financial and other burdens of defending the Action," the filing said. The filing added: "Very few would-be commentators are prepared to bear costs of this magnitude. So, when word gets out that the price tag of criticizing Ethan is this high -- that speech will disappear. But that is precisely what Ethan Klein wants."

Crime

Buyers of RadioShack Accused of Running $112 Million Ponzi Scheme (cbsnews.com) 30

An anonymous reader quotes a report from CBS News: A pair of e-commerce entrepreneurs who bought a number of well-known retail brands -- including RadioShack, Modell's Sporting Goods and Pier 1 Imports -- out of bankruptcy are accused of running a Ponzi scheme. The Securities and Exchange Commission on Monday accused Alex Mehr and Tai Lopez, founders of the Miami-based Retail Ecommerce Ventures (REV), of defrauding investors out of approximately $112 million. Through their holding company, Mehr and Lopez acquired distressed brick-and-mortar companies in order to turn them into successful, online-only brands. Dress Barn and Linens 'n Things were also among their acquisitions. [...]

The SEC's suit alleges that between 2020 and 2022, Mehr and Lopez, "made material misrepresentations" to hundreds of investors about the bankrupt retailers they had acquired. For example, to entice individuals to invest in their acquisitions, they said their portfolio companies were "on fire" and that "cash flow is strong." They also told prospective backers that money raised for a company would only be invested in that specific firm. That proved not to be the case, according to the SEC's lawsuit, which was filed Monday in the U.S. District Court for the Southern District of Florida.

"Contrary to these representations, while some of the REV Retailer Brands generated revenue, none generated any profits," the suit states. "Consequently, in order to pay interest, dividends and maturing note payments, Defendants resorted to using a combination of loans from outside lenders, merchant cash advances, money raised from new and existing investors, and transfers from other portfolio companies to cover obligations." The SEC alleges that at least $5.9 million of returns paid to investors were actually Ponzi-like payments funded by other investors, as opposed to companies' profits. Additionally, the federal regulatory agency claims that Mehr and Lopez allocated $16 million worth of investments for their own use, according to the filing.

China

Pentagon Can Call DJI a Chinese Military Company, Court Rules (theverge.com) 47

DJI has lost its lawsuit against the U.S. Department of Defense, failing to remove its designation as a Chinese Military Company. US District Court Judge Paul Friedman ruled the Pentagon has broad discretion to make such designations, finding sufficient evidence that DJI qualifies as a "military-civil fusion contributor" based on its recognition by China's National Development and Reform Commission as a National Enterprise Technology Center. The designation provides DJI substantial government benefits including cash subsidies, special financial support and tax benefits.

The judge rejected several of the DoD's other claims for insufficient evidence and noted the department confused two different Chinese industrial zones when attempting to prove DJI's factories were in state-sponsored areas. DJI faces a total import ban on new products this December and US customs has already stopped many consumer drone shipments. The company says it is evaluating legal options.
China

Chinese Hackers Breach US Software and Law Firms Amid Trade Fight (cnn.com) 3

An anonymous reader quotes a report from CNN: A team of suspected Chinese hackers has infiltrated US software developers and law firms in a sophisticated campaign to collect intelligence that could help Beijing in its ongoing trade fight with Washington, cybersecurity firm Mandiant said Wednesday. The hackers have been rampant in recent weeks, hitting the cloud-computing firms that numerous American companies rely on to store key data, Mandiant, which is owned by Google, said. In a sign of how important China's hacking army is in the race for tech supremacy, the hackers have also stolen US tech firms' proprietary software and used it to find new vulnerabilities to burrow deeper into networks, according to Mandiant.

[...] In some cases, the hackers have lurked undetected in the US corporate networks for over a year, quietly collecting intelligence, Mandiant said. The disclosure comes after the Trump administration escalated America's trade war with China this spring by slapping unprecedented tariffs on Chinese exports to the United States. The tit-for-tat tariffs set off a scramble in both governments to understand each other's positions. Mandiant analysts said the fallout from the breaches -- the task of kicking out the hackers and assessing the damage -- could last many months. They described it as a milestone hack, comparable in severity and sophistication to Russia's use of SolarWinds software to infiltrate US government agencies in 2020.

The Courts

Google Asks US Supreme Court To Freeze App Store Injunction In Epic Games Case (reuters.com) 12

Google has asked the U.S. Supreme Court to pause a judge's order requiring major changes to its Play Store after losing an antitrust case to Epic Games. The injunction would force Google to allow rival app stores, external billing links, and broader competition -- changes Google says could harm users and developers. Epic argues they're necessary to break Google's monopoly. Reuters reports: Google said it has urged the U.S. Supreme Court to halt key parts of a judge's order that would force major changes to its app store Play, as it prepares to appeal a decision in a lawsuit brought by "Fortnite" maker Epic Games. Google called the judge's order unprecedented, and said it would cause reputational harm, safety and security risks and put the company at a competitive disadvantage if allowed to take effect, according to a filing, opens new tab provided late on Wednesday by Google, which said it had submitted it to the court. [...]

Google in its Supreme Court filing said that the changes will have enormous consequences for more than 100 million U.S. Android users and 500,000 developers. It asked the court to decide by October 17 whether to put the order on hold. Google said it plans to file its appeal to the Supreme Court by October 27, which could allow the justices to take up the case during their nine-month term that begins on October 6.

Epic in a statement said Google is relying on what it called "flawed security claims" to justify its control over Android devices. "The court's injunction should go into effect as ordered so consumers and developers can benefit from competition, choices and lower prices," Epic said. The jury, siding with Epic in the trial, found that Google illegally stifled competition. Donato subsequently issued the order directing Google to make changes to its app store.

Crime

Amazon Reaches $2.5 Billion Settlement With FTC Over 'Deceptive' Prime Program (cnbc.com) 22

Amazon will pay $2.5 billion to settle Federal Trade Commission allegations that it duped users into paying for Prime memberships, the regulatory agency announced Thursday. CNBC: The surprise settlement comes as Amazon and the FTC were just three days into the trial in a Seattle federal court. Opening arguments took place on Tuesday. The lawsuit, filed by the FTC in June 2023 under the Biden administration, claimed that Amazon deceived tens of millions of customers into signing up for its Prime subscription program and sabotaged their attempts to cancel it.

Three senior Amazon executives were at risk of being held individually liable if the jury sided with the FTC. Amazon will pay a $1 billion civil penalty to the FTC and will refund $1.5 billion to an estimated 35 million customers who were impacted by "unwanted Prime enrollment or deferred cancellation," the agency said.

Google

Google Experiences Deja Vu As Second Monopoly Trial Begins In US 4

An anonymous reader quotes a report from The Guardian: After deflecting the US Department of Justice's attack on its illegal monopoly in online search, Google is facing another attempt to dismantle its internet empire in a trial focused on abusive tactics in digital advertising. The trial that opened Monday in an Alexandria, Virginia, federal court revolves around the harmful conduct that resulted in US district Judge Leonie Brinkema declaring parts of Google's digital advertising technology to be an illegal monopoly in April. The judge found that Google has been engaging in behavior that stifles competition to the detriment of online publishers that depend on the system for revenue.

Google and the justice department will spend the next two weeks in court presenting evidence in a "remedy" trial that will culminate in Brinkema issuing a ruling on how to restore fair market conditions. If the justice department gets its way, Brinkema will order Google to sell parts of its ad technology -- a proposal that the company's lawyers warned would "invite disruption and damage" to consumers and the internet's ecosystem. The justice department contends a breakup would be the most effective and quickest way to undercut a monopoly that has been stifling competition and innovation for years. [...]

The case, filed in 2023 under Joe Biden's administration, threatens the complex network that Google has spent the past 17 years building to power its dominant digital advertising business. Digital advertising sales account for most of the $305 billion in revenue that Google's services division generates for its corporate parent Alphabet. The company's sprawling network of display ads provide the lifeblood that keeps thousands of websites alive. Google believes it has already made enough changes to its "ad manager" system, including providing more options and pricing options, to resolve the problems Brinkema flagged in her monopoly ruling.
The Courts

Supreme Court Allows Trump to Fire Remaining Democrat On FTC (npr.org) 180

The Supreme Court has temporarily allowed President Trump to fire Rebecca Slaughter, the last Democrat on the FTC. "The court's action is technically temporary, since the justices said they will hear arguments in the case in December, but every indication is that the conservative court majority will use the case to reverse a major Supreme Court precedent that dates back almost a century," reports NPR. From the report: Congress created the FTC and lots of other agencies to be multi-member, bipartisan regulatory agencies. And the Supreme Court in 1935 upheld those statutes ruling ruled against then-President Franklin D. Roosevelt's claim that he could fire FTC commissioners at will. In a unanimous opinion at the time, the court said Congress acted within its powers in declaring that a commissioner could only be fired for misconduct -- not for a policy disagreement. But now, prodded by President Trump, the court's six-member conservative majority seems poised to remake the way independent agencies operate. And if the handwriting on the wall is as clear as it seems to be, the independent agencies won't be independent. Their membership will be subject to the will of the president.

The court's action Monday was hardly subtle. While the lower courts had ruled that the president could not fire Slaughter, under the court's 1935 precedent, the conservative Supreme Court majority allowed the president to fire her. Indeed, her name isn't even on the FTC website anymore. And the court so far has allowed Trump to fire other agency board members. In short, the justices are not playing hide-the-ball. And it's a good bet that the court will reverse the 1935 precedent, which until now had been reaffirmed multiple times. The result will be that whereas in the past, these agencies had to be bipartisan, with a minority of opposition party members, now there will be no such requirement. In short, Trump can name all the agency members. And if his successor is a Democrat, he or she can fire all the Republicans.

The Courts

California Issues Historic Fine Over Lawyer's ChatGPT Fabrications (calmatters.org) 37

An anonymous reader quotes a report from CalMatters: A California attorney must pay a $10,000 fine for filing a state court appeal full of fake quotations generated by the artificial intelligence tool ChatGPT. The fine appears to be the largest issued over AI fabrications by a California court and came with a blistering opinion (PDF) stating that 21 of 23 quotes from cases cited in the attorney's opening brief were made up. It also noted that numerous out-of-state and federal courts have confronted attorneys for citing fake legal authority. "We therefore publish this opinion as a warning," it continued. "Simply stated, no brief, pleading, motion, or any other paper filed in any court should contain any citations -- whether provided by generative AI or any other source -- that the attorney responsible for submitting the pleading has not personally read and verified."

The opinion, issued 10 days ago in California's 2nd District Court of Appeal, is a clear example of why the state's legal authorities are scrambling to regulate the use of AI in the judiciary. The state's Judicial Council two weeks ago issued guidelines requiring judges and court staff to either ban generative AI or adopt a generative AI use policy by Dec. 15. Meanwhile, the California Bar Association is considering whether to strengthen its code of conduct to account for various forms of AI following a request by the California Supreme Court last month.

The Los Angeles-area attorney fined last week, Amir Mostafavi, told the court that he did not read text generated by the AI model before submitting the appeal in July 2023, months after OpenAI marketed ChatGPT as capable of passing the bar exam. A three-judge panel fined him for filing a frivolous appeal, violating court rules, citing fake cases, and wasting the court's time and the taxpayers money, according to the opinion. Mostafavi told CalMatters he wrote the appeal and then used ChatGPT to try and improve it. He said that he didn't know it would add case citations or make things up.

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