×
United Kingdom

How Faulty Software Landed Dozens of UK Postmasters In Prison (usnews.com) 18

The Associated Press reports: In a ruling that reversed one of the biggest miscarriages of justice in British legal history, 39 people who ran local post offices had their convictions for theft, fraud and false accounting overturned Friday because of what an appeals court said was clear evidence of "bugs, errors or defects" in an IT system.

The decision follows a years-long, complex legal battle that could see Britain's Post Office face a huge compensation bill for its failures following the installation, from 1999, of what turned out to be the defective Horizon computerized accounting system in local branches. Dozens of staff were convicted after the Fujitsu-supplied system pointed to an array of financial misdemeanors that bewildered the postal workers. Six others had their convictions quashed previously, while another 700 or so workers also are believed to have been prosecuted between 2000 and 2014... Jobs, homes and marriages were lost as a result of wrongful convictions, and some did not live long enough to see their names cleared by Britain's Court of Appeals.

Confirmation that the convictions were quashed was met with cheers and tears. A few bottles of bubbly were also popped.

Martin S. (Slashdot reader #98,249) writes, "As a software geek, the part I find most troubling is that blind faith that those in authority placed in the software without proper accounting..." The BBC reports some desperate sub-postmasters even "attempted to plug the gap with their own money, even remortgaging their homes, in an (often fruitless) attempt to correct an error."

The judge in the case complains that for years the Post Office had "consistently asserted that Horizon was robust and reliable" and "effectively steamrolled over any subpostmaster who sought to challenge its accuracy," according to an article in The Scotsman: Nick Read, Post Office chief executive said: "I am in no doubt about the human cost of the Post Office's past failures and the deep pain that has been caused to people affected. Many of those postmasters involved have been fighting for justice for a considerable length of time and sadly there are some who are not here to see the outcome today and whose families have taken forward appeals in their memory. I am very moved by their courage."

There were 73 convictions in Scotland caused by the failure. Although a total of 47 postmasters in England and Wales have had their cases referred to the Appeal Court, there has never been similar action in Scotland.

However, now the Scottish Criminal Cases Review Commission has written to the people it believes may also have been the victims of possible miscarriages of justice in Scotland relating to the Horizon computer system.

Software

Post Office Workers Convicted of Theft Due To Faulty Software Have Names Cleared (bbc.com) 44

Britain's Court of Appeals has cleared a group of 42 sub-postmasters and postmistresses for theft, fraud and false accounting. They were convicted, with some imprisoned, after the Post Office installed faulty software in the branches where these office operators worked. The BBC reports: Following the convictions - including theft, fraud and false accounting -- some former postmasters went to prison, were shunned by their communities and struggled to secure work. Some lost their homes, and even failed to get insurance owing to their convictions. Some have since died. They always said the fault was in the computer system, which had been used to manage post office finances since 1999.

The Horizon system, developed by the Japanese company Fujitsu, was first rolled out in 1999 to some post offices to be used for a variety of tasks including accounting and stocktaking. But from an early stage it appeared to have significant bugs which could cause the system to misreport, sometimes involving substantial sums of money. Horizon-based evidence was used by the Post Office to successfully prosecute 736 people. But campaigners fought a long and series of legal battles for compensation in the civil courts, which have been followed by referrals by the Criminal Cases Review Commission.
A Post Office spokesman said: "We sincerely apologize to the postmasters affected by our historical failures. Throughout this appeals process we have supported the quashing of the overwhelming majority of these convictions and the judgment will be an important milestone in addressing the past."

Long-time Slashdot reader Martin S. reacts: As a software geek, the part I find most troubling is that blind faith that those in authority placed in the software without proper accounting. Accounting systems and Software are deterministic, well they should be. IF the system/software worked correctly, this missing money must have shown up somewhere. Software defects are always traceable. It might be expensive and time consuming but persistence will win in the end. Somebody somewhere is responsible for this and defacto framing of these people is criminal in principle, if not in law.
Movies

Apple Must Face Lawsuit for Telling Consumers They Can 'Buy' Movies, TV Shows (hollywoodreporter.com) 121

If possession is nine-tenths of the law, what happens when possession gets slippery? From a report: That's a question for a federal courtroom in Sacramento, California, where Apple is facing a putative class action over the way consumers can "buy" or "rent" movies, TV shows and other content in the iTunes Store. David Andino, the lead plaintiff in this case, argues the distinction is deceptive. He alleges Apple reserves the right to terminate access to what consumers have "purchased," and in fact, has done so on numerous occasions. This week, U.S. District Court Judge John Mendez made clear he isn't ready to buy into Apple's view of consumer expectations in the digital marketplace. "Apple contends that '[n]o reasonable consumer would believe' that purchased content would remain on the iTunes platform indefinitely," writes Mendez. "But in common usage, the term 'buy' means to acquire possession over something. It seems plausible, at least at the motion to dismiss stage, that reasonable consumers would expect their access couldn't be revoked." Apple tried other ways to slip away from claims of false advertising and unfair competition. For example, it tried the time-tested approach of challenging Andino's "injury" to knock his potential standing as a plaintiff.
Iphone

Man Sues Apple For Terminating Apple ID With $24K Worth of Content (appleinsider.com) 142

According to a complaint filed on Tuesday, Apple user Matthew Price spent nearly $25,000 on content attached to his Apple ID, which was terminated by the company for unknown reasons. The lawsuit targets a clause in Apple's media services terms and conditions, which states a user with a terminated Apple ID cannot access media content that they've purchased. AppleInsider reports: "Apple's unlawful and unconscionable clause as a prohibited de facto liquidated damages provision which is triggered when Apple suspects its customers have breached its Terms and Conditions," the lawsuit reads. Additionally, the complaint claims that users with Apple devices will find their products "substantially diminished in value" if their Apple IDs are terminated, since they won't be able to access Apple services or purchased content.

According to the complaint, the $25,000 worth of media included apps, in-app purchases, programs and platform extensions, and related services. The plaintiff also alleges that Apple prevents users from accessing unused funds attached to an Apple account. Price, for example, had about $7 in iTunes credit. The lawsuit doesn't specify why Price's account was terminated. However, it does claim that Apple shut down the Apple ID "without notice, explanation, policy or process." It goes on to claim that Apple's conduct -- specifically, the clause and resulting terminations -- are "unfair, unlawful, fraudulent, and illegal," and alleges that Apple is in violation of several consumer regulations in California. The lawsuit is seeking class action status, with a Nationwide Class consisting of people in the U.S. who have had their Apple IDs terminated.

The Courts

Proctorio Sued For Using DMCA To Take Down a Student's Critical Tweets (techcrunch.com) 43

A university student is suing exam proctoring software maker Proctorio to "quash a campaign of harassment" against critics of the company, including an accusation that the company misused copyright laws to remove his tweets that were critical of the software. From a report: The Electronic Frontier Foundation, which filed the lawsuit this week on behalf of Miami University student Erik Johnson, who also does security research on the side, accused Proctorio of having "exploited the DMCA to undermine Johnson's commentary." Twitter hid three of Johnson's tweets after Proctorio filed a copyright takedown notice under the Digital Millennium Copyright Act, or DMCA, alleging that three of Johnson's tweets violated the company's copyright. Schools and universities have increasingly leaned on proctoring software during the pandemic to invigilate student exams, albeit virtually. Further reading: Proctorio Is Using Racist Algorithms To Detect Faces; Cheating-Detection Software Provokes 'School-Surveillance Revolt'; and Students Are Easily Cheating 'State-of-the-Art' Test Proctoring Tech.
News

India Sets World Record For New Covid Cases With 314,000 Infections (nbcnews.com) 134

India reported a global record of more than 314,000 new infections Thursday as a grim coronavirus surge hits the world's second-most populous country, sending more and more sick people into a fragile health care system critically short of hospital beds and oxygen. From a report: The 314,835 infections added in the past 24 hours raise India's total past 15.9 million cases since the pandemic began. It's the second-highest total in the world next to the United States. India has nearly 1.4 billion people. A large number of hospitals are reporting acute shortages of beds and medicine and are running on dangerously low levels of oxygen. The New Delhi High Court on Wednesday ordered the government to divert oxygen from industrial use to hospitals to save people's lives.

"You can't have people die because there is no oxygen. Beg, borrow or steal, it is a national emergency," the judges said responding to a petition by a New Delhi hospital seeking its intervention. The government is rushing oxygen tankers to replenish supplies to hospitals. India's Health Minister Harsh Vardhan said on Thursday that "demand and supply is being monitored round the clock." He said in a tweet that to address the exponential spike in demand, the government has increased the quota of oxygen for the worst-hit seven states. The surge has brought pain, fear and agony to many lives in New Delhi and other cities. In scenes familiar across the country, ambulances are seen rushing from one hospital to another, trying to find an empty bed. Grieving relatives are lining up outside crematoriums where the arrival of dead bodies has jumped several times.

The Courts

Supreme Court Slashes FTC's Power To Seek Monetary Awards (bloomberg.com) 46

The U.S. Supreme Court slashed the Federal Trade Commission's power to seek monetary awards in court, throwing out a legal tool the consumer-protection agency has used to collect billions of dollars over the past decade. From a report: The justices on Thursday unanimously said the FTC can't seek consumer redress when it invokes a provision that lets the agency go straight to federal court to try to stop an alleged fraud. The ruling is a triumph for business trade groups, which urged the court to curb the agency's powers. The FTC in 2012 dramatically ramped up its use of the decades-old provision to recoup money. The agency reported winning so-called restitution and disgorgement of almost $12 billion in 2016 alone, including $10 billion in a settlement with Volkswagen AG stemming from its diesel-emissions scandal. Writing for the court, Justice Stephen Breyer said the FTC retains other avenues to get restitution for consumers, though those tools involve a more complicated process. "If the commission believes that authority too cumbersome or otherwise inadequate, it is, of course, free to ask Congress to grant it further remedial authority," Breyer wrote.
Social Networks

TikTok Sued For Billions Over Use of Children's Data (bbc.com) 18

TikTok is facing a legal challenge from former children's commissioner for England Anne Longfield over how it collects and uses children's data. The BBC reports: The claim is being filed on behalf of millions of children in the UK and EU who have used the hugely popular video-sharing app. If successful, the children affected could each be owed thousands of pounds. TikTok said the case was without merit and it would fight it.

Lawyers will allege that TikTok takes children's personal information, including phone numbers, videos, exact location and biometric data, without sufficient warning, transparency or the necessary consent required by law, and without children or parents knowing what is being done with that information. The claim is being launched on behalf of all children who have used TikTok since 25 May 2018, regardless of whether they have an account or their privacy settings. Children not wishing to be represented can opt out.
"TikTok is a hugely popular social media platform that has helped children keep in touch with their friends during an incredibly difficult year," says Ms. Longfield. "However, behind the fun songs, dance challenges and lip-sync trends lies something far more sinister."

She alleges the firm is "a data collection service that is thinly veiled as a social network" which has "deliberately and successfully deceived parents." She added that those parents have a "right to know" what private information is being collected via TikTok's "shadowy data collection practices."

In response, TikTok said: "Privacy and safety are top priorities for TikTok and we have robust policies, processes and technologies in place to help protect all users, and our teenage users in particular. We believe the claims lack merit and intend to vigorously defend the action."
AI

Europe Proposes Strict Rules For Artificial Intelligence (nytimes.com) 60

An anonymous reader quotes a report from The New York Times: The European Union unveiled strict regulations on Wednesday to govern the use of artificial intelligence, a first-of-its-kind policy that outlines how companies and governments can use a technology seen as one of the most significant, but ethically fraught, scientific breakthroughs in recent memory. The draft rules would set limits around the use of artificial intelligence in a range of activities, from self-driving cars to hiring decisions, bank lending, school enrollment selections and the scoring of exams. It would also cover the use of artificial intelligence by law enforcement and court systems -- areas considered "high risk" because they could threaten people's safety or fundamental rights.

Some uses would be banned altogether, including live facial recognition in public spaces, though there would be several exemptions for national security and other purposes. The108-page policy is an attempt to regulate an emerging technology before it becomes mainstream. The rules have far-reaching implications for major technology companies that have poured resources into developing artificial intelligence, including Amazon, Google, Facebook and Microsoft, but also scores of other companies that use the software to develop medicine, underwrite insurance policies and judge credit worthiness. Governments have used versions of the technology in criminal justice and the allocation of public services like income support. Companies that violate the new regulations, which could take several years to move through the European Union policymaking process, could face fines of up to 6 percent of global sales.

The European Union regulations would require companies providing artificial intelligence in high-risk areas to provide regulators with proof of its safety, including risk assessments and documentation explaining how the technology is making decisions. The companies must also guarantee human oversight in how the systems are created and used. Some applications, like chatbots that provide humanlike conversation in customer service situations, and software that creates hard-to-detect manipulated images like "deepfakes," would have to make clear to users that what they were seeing was computer generated. [...] Release of the draft law by the European Commission, the bloc's executive body, drew a mixed reaction. Many industry groups expressed relief that the regulations were not more stringent, while civil society groups said they should have gone further.

Google

Daily Mail Owner Sues Google Over Search Results (bbc.com) 71

The owner of the Daily Mail newspaper and MailOnline website is suing Google over allegations the search engine manipulates search results. The BBC reports: Associated Newspapers accuses Google of having too much control over online advertising and of downgrading links to its stories, favoring other outlets. It alleges Google "punishes" publishers in its rankings if they don't sell enough advertising space in its marketplace. Google called the claims "meritless."

Associated Newspapers' concerns stem from its assessment that its coverage of the Royal Family in 2021 has been downplayed in search results. For example, it claims that British users searching for broadcaster Piers Morgan's comments on the Duchess of Sussex following an interview with Oprah Winfrey were more likely to see articles about Morgan produced by smaller, regional outlets. That is despite the Daily Mail writing multiple stories a day about his comments around that time and employing him as a columnist.
In response, a Google spokesperson said: "The Daily Mail's claims are completely inaccurate. The use of our ad tech tools has no bearing on how a publisher's website ranks in Google search. More generally, we compete in a crowded and competitive ad tech space where publishers have and exercise multiple options. The Daily Mail itself authorizes dozens of ad tech companies to sell and manage their ad space, including Amazon, Verizon and more. We will defend ourselves against these meritless claims."
AI

Google Translation AI Botches Legal Terms 'Enjoin,' 'Garnish' (reuters.com) 84

Translation tools from Google and other companies could be contributing to significant misunderstanding of legal terms with conflicting meanings such as "enjoin," according to research due to be presented at an academic workshop on Monday. From a report: Google's translation software turns an English sentence about a court enjoining violence, or banning it, into one in the Indian language of Kannada that implies the court ordered violence, according to the new study. "Enjoin" can refer to either promoting or restraining an action. Mistranslations also arise with other contronyms, or words with contradictory meanings depending on context, including "all over," "eventual" and "garnish," the paper said.

Google said machine translation is "is still just a complement to specialized professional translation" and that it is "continually researching improvements, from better handling ambiguous language, to mitigating bias, to making large quality gains for under-resourced languages." The study's findings add to scrutiny of automated translations generated by artificial intelligence software. Researchers previously have found programs that learn translations by studying non-diverse text perpetuate historical gender biases, such as associating "doctor" with "he." The new paper raises concerns about a popular method companies use to broaden the vocabulary of their translation software. They translate foreign text into English and then back into the foreign language, aiming to teach the software to associate similar ways of saying the same phrase.

The Almighty Buck

Edward Snowden's NFT Self-Portrait Sells for $5.4 Million in Charity Auction (gizmodo.com) 28

Gizmodo reports: The latest big name to get in on the NFT craze is former intelligence contractor and whistleblower Edward Snowden, who on Friday auctioned off an original NFT art piece for roughly $5.4 million worth of the cryptocurrency Ether. Titled "Stay Free", it's a digital self-portrait made out of pages from a U.S. Court of Appeals decision that ruled the National Security Agency's widespread surveillance of phone records violated the law, a practice Snowden brought to light in 2013 by leaking classified NSA secrets to journalists...

The NFT sold for 2,224 Ether, worth just over $5.4 million at the time of publishing. All proceeds from this sale will go to the Freedom of the Press Foundation, a non-profit that develops open-source tools for whistleblowers and works to shield journalists from state-sponsored hackers and government surveillance. Snowden has led the organization as president since 2017.

Crime

How a True-Crime Podcast Led to an Arrest in a 25-Year-Old Cold Case (pressdemocrat.com) 41

"A true-crime podcast has been credited with providing valuable information in a missing person case from the 1990s after two men were arrested," reports Newsweek: Kristin Smart, 19, of Stockton, California, went missing in May 1996 after returning to her dorm at California Polytechnic State University campus in San Luis Obispo. The case received widespread attention from Chris Lambert's Your Own Backyard podcast dedicated to investigating Smart's disappearance, which he began in September 2019.

The last person who was thought to have seen Smart alive was Paul Flores, 44, who was also a freshman at the time, when he offered to walk Smart back to her dorm. Since Smart's disappearance, Flores has been a person of interest, suspect, and prime suspect. Now, District Attorney Dan Dow alleges that Flores killed her in his dorm room following an attempted rape. On Tuesday, April 13, Flores was arrested for her murder, and his father Ruben Flores, 80, was arrested as an accessory to murder for allegedly helping his son conceal Smart's body, which has never been found.

San Luis Obispo County Sheriff Ian Parkinson said that they arrested the father and son on Tuesday after a search at Ruben Flores' home using ground-penetrating radar and cadaver dogs last month resulted in new evidence linked to Smart's disappearance... Parkinson also credited the Your Own Backyard podcast with raising awareness of the case which resulted in "valuable information" after a key witness came forward.

The Associated Press calls it "the latest in a line of true-crime podcasts credited with producing results in court," noting investigations by the Up and Vanished podcast also "led a man to confess to killing a Georgia beauty queen."

And they list some of the "compelling clues" uncovered by the podcaster investigating Kristin Smart's disappearance: A former colleague of Paul Flores' mother, Susan Flores, told him Mrs. Flores came into work after Memorial Day weekend 1996 — when Smart went missing — saying she didn't sleep well because her husband had gotten a phone call in the middle of the night and left in his car. "The speculation has been all along that Paul called his dad in the middle of the night and his dad came up and helped him get rid of Kristin's body," Lambert said.

A tenant who lived for a year at Susan Flores' home told him she heard a watch alarm every morning at 4:20 a.m. Smart had worked as a lifeguard at 5 a.m. at the Cal Poly pool, so it's possible she set her watch to wake up at that early hour.

United States

The FBI Accessed and Repaired 'Hundreds' of Hacked Microsoft Exchange Servers (csoonline.com) 86

America's top law enforcement agency "obtained a court order that allowed it to remove a backdoor program from hundreds of private Microsoft Exchange servers that were hacked through zero-day vulnerabilities earlier this year," reports CSO. (Thanks to detritus. (Slashdot reader #46,421) for sharing the news...) Earlier this week, the Department of Justice announced that the FBI was granted a search and seizure warrant by a Texas court that allows the agency to copy and remove web shells from hundreds of on-premise Microsoft Exchange servers owned by private organizations. A web shell is a type of program that hackers install on hacked web servers to grant them backdoor access and remote command execution capabilities on those servers through a web-based interface.

In this case, the warrant targeted web shells installed by a cyberespionage group dubbed Hafnium that is believed to have ties to the Chinese government. In early March, Microsoft reported that Hafnium has been exploiting previously unpatched vulnerabilities in Microsoft Exchange to compromise servers. At the same time, the company released patches for those vulnerabilities, as well as indicators of compromise and other detection tools, but this didn't prevent other groups of attackers from exploiting the vulnerabilities after they became public. In its warrant application, dated April 13, the FBI argues that despite the public awareness campaigns by Microsoft, CISA and the FBI itself, many servers remained infected with the web shell deployed by Hafnium. While the exact number has been redacted from the unsealed warrant, the DOJ said in a press release that it was "hundreds."

The FBI asked for, and received court approval, to access the malicious web shells through the passwords set by the original attackers and then use that access against the malware itself by executing a command that will delete the web shell, which is essentially an .aspx script deployed on the server. The FBI was also allowed to make a copy of the web shells first because they could constitute evidence.

The warrant states that it "does not authorize the seizure of any tangible property" or the copying or alteration of any content from the servers aside from the web shell themselves, which are identified in the warrant by their unique file paths. This means the FBI was not granted permission to patch the vulnerabilities to protect the servers from future exploitation or to remove any additional malware or tools that hackers might have already deployed...

The FBI sent an email message from an official email account, including a copy of the warrant, to the email addresses associated with the domain names of the infected servers.

An official statement from the Department of Justice is already using the past tense, announcing that U.S. authorities "have executed a court-authorized operation to copy and remove malicious web shells from hundreds of vulnerable computers in the United States. They were running on-premises versions of Microsoft Exchange Server software used to provide enterprise-level email service."
IBM

Ex IBM Sales Manager, Fired After Battling Discrimination Against Subordinates, Wins $11 Million Lawsuit (theregister.com) 162

On Thursday, a federal jury in Seattle, Washington, found that former IBM sales manager Scott Kingston had been unlawfully fired by the company and denied sales commission after challenging the treatment of subordinates as racially biased. And it awarded him $11.1 million. The Register reports: The case dates back to 2017 when two IBM sales people within months of each other closed similarly large software sales deals that led to vastly different commission payments. Nick Donato, who is White, received more than $1m for a SAS Institute deal, while Jerome Beard, who is Black, was paid about $230,000 for closing a sale to HCL Technologies. Beard was paid about 15 per cent of what he should have received under his agreement with IBM, despite a company policy not to cap sales commissions.

Kingston, who managed the two salespeople through two lower-level managers, raised his concerns about racial discrimination with his superiors toward the end of 2017. Recalling his jury testimony, he said of his conversation with his managers, "They were telling me it wasn't about money; it was some other reason. I flat out said, 'You are leaving no possibility for anybody to conclude another reason than racial discrimination. You are foreclosing any other possible conclusion. You are going to get us sued.'" And that's what happened. Beard sued IBM in 2018. After a failed motion by IBM to dismiss the case in April, 2020, the company settled for an undisclosed sum several months later.

Kingston sued in 2019 [PDF], after IBM fired him in April, 2018, claiming he had erred in approving Donato's seven-figure commission. The company also fired two other IBM managers, Andre Temidis and Michael Lee, who raised similar objections to the allegedly discriminatory capping of commission due to an Arab-American salesperson. The Seattle jury found [PDF] IBM violated Washington State law against discrimination and policies against race discrimination and withholding wages.
"We are disappointed by the jury's verdict," IBM said in a statement emailed to The Register. "IBM does not condone retaliation, race discrimination, or any other form of discrimination. The company will consider all of its options on appeal."
Crime

A Tesla Helped Police Track Down a Hate Crime Suspect (gizmodo.com) 78

An anonymous reader quotes a report from Gizmodo: Throughout December, someone was setting fires at the Martin Luther King Jr. Community Presbyterian Church, a "predominately Black" congregation located in Springfield, Massachusetts. An FBI affidavit claims that the last of these fires, set on Dec. 28, "essentially destroyed" the building -- burning away large parts of the interior. During this period, the same person is suspected of having carried out a "series of tire-slashings" targeted at vehicles near or around the church -- a majority of which were owned by Black individuals. Now, 44-year-old Maine resident Dushko Vulchev has been arrested in connection to the crimes. He was charged in a federal court in Springfield on Thursday, a release from the U.S. Justice Department shows, and is potentially facing decades behind bars.

Court documents illustrate how state, local and federal authorities used a variety of surveillance footage and data collection to piece together Vulchev's whereabouts and place him at or near these crimes. In particular, the vandal slipped up when he allegedly slashed the tires of a Tesla located not far from the church. Authorities say one of the car's many pre-installed security cameras caught blatant images of the culprit as he damaged the tires, then later returned to steal them along with the vehicle's rims. "Based on my training and experience and this investigation, I am aware that the Tesla mentioned above is equipped with cameras at various points around the body," said the FBI agent who wrote the affidavit. "I have reviewed video footage retrieved from the Tesla showing an individual that I can identify as Vulchev...The video footage from the Tesla shows Vulchev at a close distance crouching near the Tesla and using a tire iron to remove the wheels." Using other data collected and a variety of local surveillance footage, law enforcement was able to build a case against Vulchev.

Google

Australia Finds Google Misled Users Over Data Collection (cnbc.com) 4

Australia's federal court found that Google misled users about personal location data collected through Android mobile devices between 2017 and 2018, the country's competition regulator said Friday. From a report: The Australian Competition and Consumer Commission (ACCC) -- which launched legal proceedings against Google in 2019 -- said the ruling was an "important victory for consumers" with regard to the protection of online privacy. Google misled Android users into thinking the search giant could collect personal data only if the "location history" setting was on, the ACCC said. The court found that Google could still collect, store and use personally identifiable location data if the setting for "web and application activity" was on -- even if "location history" was turned off. "This is an important victory for consumers, especially anyone concerned about their privacy online, as the Court's decision sends a strong message to Google and others that big businesses must not mislead their customers," ACCC Chair Rod Sims said in a statement.
Businesses

Massachusetts Wants To Pull the Plug On Robinhood (cnn.com) 106

Regulators in Massachusetts are seeking to revoke Robinhood's broker-dealer license in the state, after accusing the company of failing to properly account for fractional shares traded by customers on its platform. They also say the company "continues to entice and induce inexperienced customers into risky trading." CNN reports: The battle began in December when regulators in Massachusetts filed a 24-page complaint against Robinhood accusing the company of violating state law and regulations by failing to protect customers and safeguard its system. Officials alleged Robinhood lured inexperienced investors to its platform with gaming elements such as colorful confetti -- a practice that the company recently said it is getting rid of. The amended complaint filed Thursday says Robinhood has continued a pattern of aggressively enticing customers, including some with "little or no investment experience." It cites news reports indicating Robinhood has expanded margin lending and sought to persuade customers to deposit their stimulus checks by offering "free cash" for deposits.

Robinhood's conduct since the complaint was filed in December "poses a substantial and continued risk to Massachusetts investors," the complaint said. Massachusetts regulators said Robinhood has failed to report its fractional share trade executions for over a year, "demonstrating its inability to follow the most basic requirements" required of broker-dealers.

In a blog post, Robinhood sharply criticized what it described as "unfounded, politicized allegations and unreasonable demands" from regulators in Massachusetts and warned that revoking its license would block access for millions of customers. "The Massachusetts Securities Division's attempt to prevent Massachusetts residents from choosing how they invest is elitist and against everything we stand for," Robinhood said. "We don't believe our customers are naive as the Massachusetts Securities Division paints them to be." Robinhood fired back by filing a complaint and motion in Massachusetts State Court for a preliminary injunction that would stop the regulatory case against the company. Robinhood is arguing that the regulator's new fiduciary rule "exceeds its authority" under both state and federal law. "By trying to block Robinhood, the division is attempting to bring its residents back in time and reinstate the financial barriers that Robinhood was founded to break down," Robinhood said in the blog post.

Patents

Apple Wins New Trial in $506 Million Patent-Damages Award (bloomberg.com) 10

A federal judge tossed a $506.2 million damages award against Apple after ruling the iPhone maker should have been able to argue that patent owner Optis Wireless Technology was making unfair royalty demands, though he refused to throw out the liability finding. From a report: Optis and its partners in the case, PanOptis Patent Management and Unwired Planet, claimed that Apple's smartphones, watches, and tablets that operate over the LTE cellular standard were using its patented technology. U.S. District Court Judge Rodney Gilstrap said the jury should have been allowed to consider whether the royalty demand was consistent with a requirement that standard-essential patents be licensed on "fair, reasonable and non-discriminatory," or FRAND, terms. The patent trial in August, one of the few held during the pandemic, was part of an unusual sweep of verdicts in Texas that collectively resulted in $3.7 billion in damages against tech companies like Apple and Intel Corp. Apple was also hit with damages awards of $502.8 million in a decade-long battle over security communications technology, and $308.5 million in a case over digital rights management.
Facebook

Singapore's Most Expensive Facebook Link (restofworld.org) 16

An anonymous reader shares a report: On November 7, 2018, Leong Sze Hian, a financial advisor and blogger, shared an article on his Facebook page, without comment. The article, published by Malaysian website The Coverage, alleged that Singapore's Prime Minister Lee Hsien Loong had become a target of ongoing investigations in the 1Malaysia Development Berhad scandal, a massive case of graft in Malaysia that drew in banks in Singapore, Hollywood stars, and Saudi royalty. The article claimed that Malaysia, under former Prime Minister Najib Razak, had signed unfair deals with Singapore in return for help to launder stolen funds. These were serious allegations, particularly in Singapore, where the government is ultra-sensitive to any suggestion of corruption.

The response, unsurprisingly, was strong and swift: the law and home affairs minister issued a clear rebuttal, Singapore's High Commission in Kuala Lumpur described the article as libelous, and the Monetary Authority of Singapore lodged a police report against the author of a similar article published in the States Times Review, a website run by a Singaporean in Australia who is highly critical of Singapore's ruling People's Action Party. The Infocomm Media Development Authority, Singapore's media regulator, told Leong to remove the link from his Facebook page; he did. But it was already too late to save him from trouble. Two days later, he found out that Prime Minister Lee was going to sue him for defamation. Last month, the High Court ruled that Leong did defame Lee and ordered him to pay almost $100,000 (133,000 Singapore dollars) in damages. It's an extraordinary sum for a simple Facebook link that stayed up for only three days. But there's a particular legal precedent in Singapore: public leaders are usually awarded higher damages when they win defamation suits related to their character or integrity. In his judgment, Justice Aedit Abdullah quoted a previous case in which the courts stated that public "leaders are generally entitled to higher damages also because of their standing in Singapore society and devotion to public service."

Slashdot Top Deals