Author name: Kris Guyer

calif.-governor-vetoes-bill-requiring-opt-out-signals-for-sale-of-user-data

Calif. Governor vetoes bill requiring opt-out signals for sale of user data

Policy, privacy opt-out / /

Newsom opts out of signing bill —

Gavin Newsom said he opposes mandate on mobile operating system developers.

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A closeup photo of California Governor Gavin Newsom's face

Enlarge / California Governor Gavin Newsom at a press conference in San Francisco on September 19, 2024.

Getty Images | Anadolu

California Gov. Gavin Newsom vetoed a bill that would have required makers of web browsers and mobile operating systems to let consumers send opt-out preference signals that could limit businesses’ use of personal information.

The bill approved by the State Legislature last month would have required an opt-out signal “that communicates the consumer’s choice to opt out of the sale and sharing of the consumer’s personal information or to limit the use of the consumer’s sensitive personal information.” It would have made it illegal for a business to offer a web browser or mobile operating system without a setting that lets consumers “send an opt-out preference signal to businesses with which the consumer interacts.”

In a veto message sent to the Legislature Friday, Newsom said he would not sign the bill. Newsom wrote that he shares the “desire to enhance consumer privacy,” noting that he previously signed a bill “requir[ing] the California Privacy Protection Agency to establish an accessible deletion mechanism allowing consumers to request that data brokers delete all of their personal information.”

But Newsom said he is opposed to the new bill’s mandate on operating systems. “I am concerned, however, about placing a mandate on operating system (OS) developers at this time,” the governor wrote. “No major mobile OS incorporates an option for an opt-out signal. By contrast, most Internet browsers either include such an option or, if users choose, they can download a plug-in with the same functionality. To ensure the ongoing usability of mobile devices, it’s best if design questions are first addressed by developers, rather than by regulators. For this reason, I cannot sign this bill.”

Vetoes can be overridden with a two-thirds vote in each chamber. The bill was approved 59–12 in the Assembly and 31–7 in the Senate. But the State Legislature hasn’t overridden a veto in decades.

“Industry worked overtime to squash bill”

The opt-out bill would have built on the California Consumer Privacy Act (CCPA) of 2018 and California Privacy Rights Act of 2020. Google, which recently nixed a plan to turn off tracking cookies by default in Chrome, urged Newsom to veto the bill, reports by Bloomberg and Politico said.

“It’s troubling the power that companies such as Google appear to have over the governor’s office,” said Justin Kloczko, tech and privacy advocate for Consumer Watchdog, a nonprofit group in California. “What the governor didn’t mention is that Google Chrome, Apple Safari and Microsoft Edge don’t offer a global opt-out and they make up for nearly 90 percent of the browser market share. That’s what matters. And people don’t want to install plug-ins. Safari, which is the default browsers on iPhones, doesn’t even accept a plug-in.”

Consumer Reports Policy Analyst Matt Schwartz said that “industry worked overtime to squash this bill, as it empowered Californians to better protect their privacy, undermining the commercial surveillance business model of these tech companies. We strongly disagree with the idea expressed in the governor’s veto statement that it should be left to operating systems to provide privacy choices for consumers. They’ve shown time and again they won’t meaningfully do so until forced.”

Consumer Reports is one of the groups behind Global Privacy Control (GPC), an opt-out signal that creators hope will become legally binding under the CCPA or other privacy laws. Makers of Global Privacy Control say it is superior to the older Do Not Track (DNT) signal because the California attorney general “determined that the AG could not require businesses to comply with DNT requests because the requests do not clearly convey users’ intent to opt out of the sale of their data.”

“The California AG has determined that businesses must honor two methods of submitting opt-outs. GPC is meant to provide users with an additional option for objecting to the sale of their data, and it functions identically to clicking a ‘Do Not Sell My Personal Information’ link provided by a business,” the GPC website says.

GPC is available on Firefox, Brave, DuckDuckGo, and several other browsers, but not Google’s Chrome, Microsoft’s Edge, and Apple’s Safari. The Do Not Track signal is still an option in Chrome and Edge. Chrome, Edge, and Safari also each have features that limit websites’ ability to track users.

Calif. Governor vetoes bill requiring opt-out signals for sale of user data Read More »

broadcom-responds-to-at&t’s-vmware-support-lawsuit:-at&t-has-“other-options”

Broadcom responds to AT&T’s VMware support lawsuit: AT&T has “other options”

AT&T, Biz & IT, Broadcom, vmware / /

Legal battle —

Broadcom defends against renewal, citing “End of Availability” provision.

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Wooden gavel on table in a courtroom

Broadcom is accusing AT&T of trying to “rewind the clock and force” Broadcom “to sell support services for perpetual software licenses… that VMware has discontinued from its product line and to which AT&T has no contractual right to purchase.” The statement comes from legal documents Broadcom filed in response to AT&T’s lawsuit against Broadcom for refusing to renew support for its VMware perpetual licenses [PDF].

On August 29, AT&T filed a lawsuit [PDF] against Broadcom, alleging that Broadcom is breaking a contract by refusing to provide a one-year renewal for support for perpetually licensed VMware software. Broadcom famously ended perpetual VMware license sales shortly after closing its acquisition in favor of a subscription model featuring about two bundles of products rather than many SKUs.

AT&T claims its VMware contract (forged before Broadcom’s acquisition closed in November) entitles it to three one-year renewals of perpetual license support, and it’s currently trying to enact the second one. AT&T says it uses VMware products to run 75,000 virtual machines (VMs) across about 8,600 servers. The VMs are for supporting customer services operations and operations management efficiency, per AT&T. AT&T is asking the Supreme Court of the State of New York to stop Broadcom from ending VMware support services for AT&T and for “further relief” as deemed necessary.

On September 20, Broadcom filed for AT&T’s motion to be denied. Its defense includes its previously taken stance that VMware was moving toward a subscription model before Broadcom bought it. The transition from perpetual licenses to subscriptions was years in the making and, thus, something for which AT&T should have prepared, according to Broadcom. Broadcom claims that AT&T has admitted that it intends to migrate away from VMware software and that AT&T could have spent “the last several months or even years” doing so.

The filing argues: “AT&T resorts to sensationalism by accusing Broadcom of using ‘bullying tactics’ and ‘price gouging.’ Such attacks are intended to generate press and distract the Court from a much simpler story.”

Broadcom claims the simple story is that:

… the agreement contains an unambiguous “End of Availability” provision, which gives VMware the right to retire products and services at any time upon notice. What’s more, a year ago, AT&T opted not to purchase the very Support Services it now asks the Court to force VMware to provide. AT&T did so despite knowing Defendants were implementing a long planned and well-known business model transition and would soon no longer be selling the Support Services in question.

Broadcom says it has been negotiating with AT&T “for months” about a new contract, but the plaintiff “rejected every proposal despite favorable pricing.”

Broadcom’s filing also questions AT&T’s request for mandatory injunction, claiming that New York only grants those in “rare circumstances,” which allegedly don’t apply here.

AT&T has options, Broadcom says

AT&T’s lawsuit claims losing VMware support will cause extreme harm to itself and beyond. The lawsuit says that 22,000 of AT&T’s VMware VMs are used for support “of services to millions of police officers, firefighters, paramedics, emergency workers, and incident response team members nationwide… for use in connection with matters of public safety and/or national security.” It also claimed that communications for the Office of the President are at risk without VMware’s continued support.

However, Broadcom claims that AT&T has other choices, saying:

AT&T does have other options and, therefore, the most it can obtain is monetary damages. The fact that AT&T has been given more than eight-months’ notice and has in the meantime failed to take any measures to prevent its purported harm (e.g., buy a subscription for the new offerings or move to another solution) is telling and precludes any finding of irreparable harm. Even if AT&T thinks it deserves better pricing, it could have avoided its purported irreparable harm by entering in a subscription based deal and suing for monetary damages instead of injunctive relief.

AT&T previously declined to answer Ars Technica’s questions about its backup plans for supporting such important customers should it lose VMware support.

Broadcom has rubbed some customers the wrong way

Broadcom closed its VMware acquisition in November and quickly made dramatic changes. In addition to Broadcom’s reputation for overhauling companies after buying them, moves like ending perpetual licenses, taking VMware’s biggest customers directly instead of using channel partners, and raising costs by bundling products and issuing higher CPU core requirements have led customers and partners to reconsider working with the company. Migrating from VMware can be extremely challenging and expensive due to its deep integration into some IT environments, but many are investigating migration, and some expect Broadcom to face years of backlash.

As NAND Research founder and analyst Steve McDowell told TechTarget about this case:

It’s very unusual for customers to sue their vendors. I think Broadcom grossly underestimated how passionate the customer base is, [but] it’s a captive audience.

As this lawsuit demonstrates, Broadcom’s VMware has brought serious customer concerns around ongoing support. Companies like Spinnaker Support are trying to capitalize by offering third-party support services.

Martin Biggs, VP and managing director of EMEA and strategic initiatives at Spinnaker, told Ars Technica that his company provides support so customers can spend time determining their next move, whether that’s buying into a VMware subscription or moving on:

VMware customers are looking for options; the vast majority that we have spoken to don’t have a clear view yet of where they want to go, but in all cases the option of staying with VMware for the significantly increased fees is simply untenable. The challenge many have is that not paying fees means not getting support or security on their existing investment.

VMware’s support for AT&T was supposed to end on September 8, but the two companies entered an agreement to continue support until October 9. A hearing on a preliminary injunction is scheduled for October 15.

Broadcom responds to AT&T’s VMware support lawsuit: AT&T has “other options” Read More »

satellite-images-suggest-test-of-russian-“super-weapon”-failed-spectacularly

Satellite images suggest test of Russian “super weapon” failed spectacularly

Military, nuclear, Plesetsk Cosmodrome, russia, Sarmat, Science, Space / /

  • The Sarmat missile silo seen before last week’s launch attempt.

    Maxar Technologies

  • A closer view of the Sarmat missile silo before last week’s launch attempt.

    Maxar Technologies

  • Fire trucks surround the Sarmat missile silo in this view from space on Saturday, September 21.

    Maxar Technologies

Late last week, Russia’s military planned to launch a Sarmat intercontinental ballistic missile (ICBM) on a test flight from the Plesetsk Cosmodrome. Imagery from commercial satellites captured over the weekend suggest the missile exploded before or during launch.

This is at least the second time an RS-28 Sarmat missile has failed in less than two years, dealing a blow to the country’s nuclear forces days after the head of the Russian legislature issued a veiled threat to use the missile against Europe if Western allies approved Ukraine’s use of long-range weapons against Russia.

Commercial satellite imagery collected by Maxar and Planet show before-and-after views of the Sarmat missile silo at Plesetsk, a military base about 500 miles (800 kilometers) north of Moscow. The view from one of Maxar’s imaging satellites Saturday revealed unmistakable damage at the launch site, with a large crater centered on the opening to the underground silo.

The crater is roughly 200 feet (62 meters) wide, according to George Barros, a Russia and geospatial intelligence analyst at the Institute for the Study of War. “Extensive damage in and around the launch pad can be seen which suggests that the missile exploded shortly after ignition or launch,” Barros wrote on X.

“Additionally, small fires continue to burn in the forest to the east of the launch complex and four fire trucks can be seen near the destroyed silo,” Barros added.

An RS-28 Sarmat missile fires out of its underground silo on its first full-scale test flight in April 2022.

Enlarge / An RS-28 Sarmat missile fires out of its underground silo on its first full-scale test flight in April 2022.

Russian Ministry of Defense

The Sarmat missile is Russia’s largest ICBM, with a height of 115 feet (35 meters). It is capable of delivering nuclear warheads to targets more than 11,000 miles (18,000 kilometers) away, making it the longest-range missile in the world. The three-stage missile burns hypergolic hydrazine and nitrogen tetroxide propellants, and is built by the Makeyev Design Bureau. The Sarmat, sometimes called the Satan II, replaces Russia’s long-range R-36M missile developed during the Cold War.

“According to Russian media, Sarmat can reportedly load up to 10 large warheads, 16 smaller ones, a combination of warheads and countermeasures, or hypersonic boost-glide vehicle,” the Center for Strategic and International Studies writes on its website.

The secret is out

Western analysts still don’t know exactly when the explosion occurred. Russia issued warnings last week for pilots to keep out of airspace along the flight path of a planned missile launch from the Plesetsk Cosmodrome. Russia published similar notices before previous Sarmat missile tests, alerting observers that another Sarmat launch was imminent. The warnings were canceled Thursday, two days before satellite imagery showed the destruction at the launch site.

“It is possible that the launch attempt was undertaken on September 19th, with fires persisting for more than 24 hours,” wrote Pavel Podvig, a senior researcher at the United Nations Institute for Disarmament Research in Geneva, on his Russian Nuclear Forces blog site. “Another possibility is that the test was scrubbed on the 19th and the incident happened during the subsequent defueling of the missile. The character of destruction suggests that the missile exploded in the silo.”

James Acton, a senior fellow at the Carnegie Endowment for International Peace, wrote on X that the before-and-after imagery of the Sarmat missile silo was “very persuasive that there was a big explosion.”

Satellite images suggest test of Russian “super weapon” failed spectacularly Read More »

prepare-to-be-entertained-by-latest-action-packed-gladiator-ii-trailer

Prepare to be entertained by latest action-packed Gladiator II trailer

culture, Entertainment, film trailers, Gladiator II, Paramount Pictures, Trailers / /

Choosing gladiators is an art —

“You have something in you. Rage. Never let it go.”

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Are you not entertainment? We’ve got a shiny new trailer for Gladiator II.

When the first trailer for Gladiator II dropped in early July, it racked up more than 180 million views in its first 48 hours, so clearly there’s an audience for Ridley Scott’s long-awaited sequel to his 2000 blockbuster Gladiator. And no wonder; as I noted at the time, the film “promises to be just as much of a visual feast, as a new crop of power players (plus a couple of familiar faces) clash over the future of Rome.” We’ve now got a shiny new trailer, and I stand by that initial assessment—especially since this trailer confirms what had previously been hinted about the protagonist’s biological father.

(Some spoilers for Gladiator below.)

Gladiator II centers around Lucius Verus (Paul Mescal), son of Lucilla and former heir to the Roman Empire, given that his father (also named Lucius Verus) was once a co-emperor of Rome. Lucius hasn’t been seen in Rome for 15 years. Instead, he has been living in a small coastal town in Numidia with his wife and child. Like Maximus before him, he is captured by the Roman army and forced to become a gladiator after the death of his family. Per the official premise:

Gladiator II continues the epic saga of power, intrigue, and vengeance set in Ancient Rome. Years after witnessing the death of the revered hero Maximus at the hands of his uncle, Lucius is forced to enter the Colosseum after his home is conquered by the tyrannical Emperors who now lead Rome with an iron fist. With rage in his heart and the future of the Empire at stake, Lucius must look to his past to find strength and honor to return the glory of Rome to its people.

Pedro Pascal plays Marcus Acacius, a Roman general who trained under Maximus, tasked with conquering North Africa. Although the young Lucius once idolized Maximus, Marcus Acacius apparently will be a symbol of everything Lucius hates. Connie Nielsen reprises her Gladiator role as Lucilla, who does not recognize her son when she first sees him fighting in the arena as a gladiator. But she figures it out, since we see her urge Lucius to “take your father’s strength. His name was Maximus, and I see him in you.”

Derek Jacobi also returns as Senator Gracchus, who is opposed to growing corruption in the Roman court. Joseph Quinn and Fred Hechinger play young co-emperors Geta and Caracalla. Denzel Washington rounds out the cast as Macrinus, an arms dealer who keeps a stable of gladiators. Tim McInnerny plays Thraex, Alexander Karim plays Ravi, and Rory McCann plays Tegula.

Gladiator II hits theaters on November 22, 2024, in the US. Internationally, it will premiere on November 15, 2024. Scott recently said that he is already developing a third film, Gladiator III, which would also star Mescal as Lucius. So we already know Lucius will survive, which might be why Scott has compared the ending of this film to The Godfather: Part II (1974).

Listing image by YouTube/Paramount Pictures

Prepare to be entertained by latest action-packed Gladiator II trailer Read More »

human-cases-of-raccoon-parasite-may-be-your-best-excuse-to-buy-a-flamethrower

Human cases of raccoon parasite may be your best excuse to buy a flamethrower

Baylisascaris procyonis, eggs, health, infectious diseases, larvae, parasite, raccoon, roundworm, Science / /

kill it with fire —

The infection is very rare, but it’s definitely one you want to avoid.

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Young raccoon looking out from a tree.

Enlarge / Young raccoon looking out from a tree.

If you were looking for a reason to keep a flamethrower around the house, you may have just found one.

This week, the Los Angeles County health department reported that two people were infected with a raccoon parasite that causes severe, frequently fatal, infections of the eyes, organs, and central nervous system. Those who survive are often left with severe neurological outcomes, including blindness, paralysis, loss of coordination, seizures, cognitive impairments, and brain atrophy.

The parasitic roundworm behind the infection, called Baylisascaris procyonis, spreads via eggs in raccoons feces. Adult worms live in the intestines of the masked trash scavengers, and each female worm can produce nearly 200,000 eggs per day. Once in the environment, those eggs can remain infectious for years. They can survive drying out as well as most chemical treatments and disinfectants, including bleach.

Humans get infected if they inadvertently eat soil or other material that has become contaminated with egg-laden feces. Though infections are rare—there were 29 documented cases between 1973 and 2015—younger children and people with developmental disabilities are most at risk.

For instance, an 18-month-old boy with Downs syndrome in Illinois died from the infection after he chewed and sucked on pieces of contaminated firewood bark. An autopsy later found three worm larvae per gram of his brain tissue, with a total estimated burden of 3,027 parasitic larvae, according to a 2016 report.

Burn it down

In a news release this week, the LA health department said the risk to the general public is “low” but that the two cases are “concerning because a large number of raccoons live near people, and the infection rate in raccoons is likely high. The confirmed cases of this rare infection are an important reminder for all Los Angeles County residents to take precautions to prevent the spread of disease from animals to people, also known as zoonotic disease.”

According to the Centers for Disease Control and Prevention, one of the best prevention methods for raccoon roundworms is to kill it with fire. While chemicals stand little chance of killing off infectious eggs, extreme heat destroys them instantly.

If you have raccoons around your property, you might need to employ this method. Raccoons tend to poop in communal, pungent latrines, which are often at the base of trees, on raised surfaces—such as tree stumps, woodpiles, decks, and patios—as well as in attics and garages.

If you suspect you have an outdoor raccoon latrine on your property, the CDC recommends dousing the area in boiling water or setting it ablaze. While the CDC recommends a propane torch, specifically, a personal flamethrower could also do the trick. The agency does caution that flaming a latrine site “could cause a fire, burn injury, or surface damage.”

“Before flaming any latrine site, call your local fire department for details on local regulations and safety practices,” the CDC says. “Concrete pads, bricks, and metal shovels or garden implements can be flamed without damage. Do not attempt to flame surfaces that can melt or catch fire.”

For indoor latrines, the CDC advises not to use fire. Instead, it outlines a cautious cleaning method with hot, soapy water. However, if you want, any removed feces or contaminated material can be flamed outside, if not buried or put in the trash.

Human cases of raccoon parasite may be your best excuse to buy a flamethrower Read More »

how-breaking-up-google-could-lower-your-online-shopping-bill

How breaking up Google could lower your online shopping bill

Antitrust law, Google, google ad tech, google ad tech monopoly, google monopoly, Policy, us department of justice / /

Eliminating junk ads and a “Google tax” —

A DOJ win in Google’s ad tech monopoly trial could benefit everyone, experts say.

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How breaking up Google could lower your online shopping bill

Aurich Lawson

As the US Department of Justice aims to break up Google’s alleged ad tech monopoly, experts say that remedies sought in the antitrust trial could potentially benefit not just advertisers and publishers but also everyone targeted by ads online.

So far, the DOJ has argued that through acquisitions, Google allegedly monopolizes the ad server market, taking a substantial cut of every online ad sale by tying together products on the buyer and seller sides. Locking publishers into using its seller-side platform to access its large advertiser demand, Google also allegedly shut out rivals by pushing advertisers into a corner, then making it hard for publishers to switch platforms.

This scheme also allegedly set Google up to charge higher “monopoly” fees, the DOJ argued, allegedly putting some publishers out of business and raising costs for advertisers.

But while the harms to publishers and advertisers have been outlined at length, there’s been less talk about the seemingly major consequences for consumers perhaps harmed by the alleged monopoly. Those harms include higher costs of goods, less privacy, and increasingly lower-quality ads that frequently bombard their screens with products nobody wants.

By overcharging by as much as 5 or 10 percent for online ads, Google allegedly placed a “Google tax” on the price of “everyday goods we buy,” Tech Oversight’s Sacha Haworth explained during a press briefing Thursday, where experts closely monitoring the trial shared insights.

“When it comes to lowering costs on families,” Haworth said, “Google has overcharged advertisers and publishers by nearly $2 billion. That’s just over the last four years. That has inflated the price of ads, it’s increased the cost of doing business, and, of course, these costs get passed down to us when we buy things online.”

But while it’s unclear if destroying Google’s alleged monopoly would pass on any savings to consumers, Elise Phillips, policy counsel focused on competition and privacy for Public Knowledge, outlined other benefits in the event of a DOJ win.

She suggested that Google’s conduct has diminished innovation, which has “negatively” affected “the quality diversity and even relevancy of the advertisements that consumers tend to see.”

Were Google’s ad tech to be broken up and behavioral remedies sought, more competition might mean that consumers have more control over how their personal data is used in targeted advertising, Phillips suggested, and ultimately, lead to a future where everyone gets fed higher-quality ads.

That could happen if, instead of Google’s ad model dominating the Internet, less invasive ad targeting models could become more widely adopted, experts suggested. That could enhance privacy and make online ads less terrible after The New York Times declared a “junk ad epidemic” last year.

The thinking goes that if small businesses and publishers benefited from potentially reduced costs, increased revenues, and more options, consumers might start seeing a wider, higher-quality range of ads online, experts suggested.

Better ad models “are already out there,” Open Markets Institute policy analyst Karina Montoya said, such as “conceptual advertising” that uses signals that, unlike Google’s targeting, don’t rely on “gigantic, massive data sets that collect every single thing that we do in all of our devices and that don’t ask for our consent.”

But any emerging ad models are seemingly “crushed and flattened by this current dominant business model that’s really arising” from Google’s tight grip on the ad tech markets that the DOJ is targeting, Montoya said. Those include markets “for publisher ad servers, advertiser ad networks, and the ad exchanges that connect the two,” Reuters reported.

At the furthest extreme, loosening Google’s grip on the online ad industry could even “revolutionize the Internet,” Haworth suggested.

One theory posits that if publishers’ revenues increased, consumers would also benefit from more information potentially becoming available on the open web—as less content potentially gets stuck behind paywalls as desperate publishers seek ways to make up for lost ad revenue.

Montoya—who also is a reporter for the Center for Journalism & Liberty, which monitors how media outlets can thrive in today’s digital economy—noted that publishers depending on reader funding through subscriptions or donations is not sustainable if society wants to “have an open in free market where everybody can access information that they deserve and have a right to access.” By reducing Google’s control, the DOJ argues that publishers would be more financially stable, and Montoya hopes the public is starting to understand how that could benefit the open web.

“The trial is really allowing the public to see a full display of Google’s pattern of retaliatory behavior, really just to protect its monopoly power,” Montoya sad. “This idea that innovation and ways to monetize journalistic content has to come only from Google is wrong and this is really their defense.”

How breaking up Google could lower your online shopping bill Read More »

senate-panel-votes-20–0-for-holding-ceo-of-“health-care-terrorists”-in-contempt

Senate panel votes 20–0 for holding CEO of “health care terrorists” in contempt

contempt, HELP, hospital chain, medicine, Policy, ralph de la torre, Science, steward / /

Not above the law —

After he rejected subpoena, contempt charges against de la Torre go before Senate.

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Ralph de la Torre, founder and chief executive officer of Steward Health Care System LLC, speaks during a summit in New York on Tuesday, Oct. 25, 2016.

Enlarge / Ralph de la Torre, founder and chief executive officer of Steward Health Care System LLC, speaks during a summit in New York on Tuesday, Oct. 25, 2016.

A Senate committee on Thursday voted overwhelmingly to hold the wealthy CEO of a failed hospital chain in civil and criminal contempt for rejecting a rare subpoena from the lawmakers.

In July, the Senate Committee on Health, Education, Labor, and Pensions (HELP) subpoenaed Steward Health Care CEO Ralph de la Torre to testify before the lawmakers on the deterioration and eventual bankruptcy of the system, which included more than 30 hospitals across eight states. The resulting dire conditions in the hospitals, described as providing “third-world medicine,” allegedly led to the deaths of at least 15 patients and imperiled more than 2,000 others.

The committee, chaired by Senator Bernie Sanders (I-Vt.), highlighted that amid the system’s collapse, de la Torre was paid at least $250 million, bought a $40 million yacht, and owned a $15 million luxury fishing boat. Meanwhile, Steward executives jetted around on two private jets collectively worth $95 million.

De la Torre initially agreed to appear at the September 12 hearing but backed out the week beforehand. He claimed, through his lawyers, that a federal order stemming from Steward’s bankruptcy case prohibited him from discussing the hospital system’s situation amid reorganization and settlement efforts. The HELP committee rejected that explanation, but de la Torre was nevertheless a no-show at the hearing.

In a 20–0 bipartisan vote Thursday, the HELP committee held de la Torre in civil and criminal contempt, with only Sen. Rand Paul (R-Ky.) abstaining. It is the first time in modern history the committee has issued civil and criminal contempt resolutions. The charges will now go before the full Senate for a vote.

If upheld by the full Senate, the civil enforcement will direct the Senate’s legal counsel to bring a federal civil suit against de la Torre in order to force him to comply with the subpoena and testify before the HELP Committee. The criminal contempt charge would refer the case to the US Attorney for the District of Columbia to criminally prosecute de la Torre for failing to comply with the subpoena. If the trial proceeds and de la Torre is convicted, the tarnished CEO could face a fine of up to $100,000 and a prison sentence of up to 12 months.

On Wednesday, the day before the committee voted on the contempt charges, a lawyer for de la Torre blasted the senators and claimed that testifying at the hearing would have violated his Fifth Amendment rights, according to the Boston Globe.

In a statement Thursday, Sanders slammed de la Torre, saying that his wealth and expensive lawyers did not make him above the law. “If you defy a Congressional subpoena, you will be held accountable no matter who you are or how well-connected you may be,” he said.

Senate panel votes 20–0 for holding CEO of “health care terrorists” in contempt Read More »

how-to-stop-linkedin-from-training-ai-on-your-data

How to stop LinkedIn from training AI on your data

AI models, AI training, AI training data, Artificial Intelligence, generative ai, LinkedIn, Policy / /

Better to beg for forgiveness than ask for permission? —

LinkedIn limits opt-outs to future training, warns AI models may spout personal data.

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How to stop LinkedIn from training AI on your data

LinkedIn admitted Wednesday that it has been training its own AI on many users’ data without seeking consent. Now there’s no way for users to opt out of training that has already occurred, as LinkedIn limits opt-out to only future AI training.

In a blog detailing updates coming on November 20, LinkedIn general counsel Blake Lawit confirmed that LinkedIn’s user agreement and privacy policy will be changed to better explain how users’ personal data powers AI on the platform.

Under the new privacy policy, LinkedIn now informs users that “we may use your personal data… [to] develop and train artificial intelligence (AI) models, develop, provide, and personalize our Services, and gain insights with the help of AI, automated systems, and inferences, so that our Services can be more relevant and useful to you and others.”

An FAQ explained that the personal data could be collected any time a user interacts with generative AI or other AI features, as well as when a user composes a post, changes their preferences, provides feedback to LinkedIn, or uses the platform for any amount of time.

That data is then stored until the user deletes the AI-generated content. LinkedIn recommends that users use its data access tool if they want to delete or request to delete data collected about past LinkedIn activities.

LinkedIn’s AI models powering generative AI features “may be trained by LinkedIn or another provider,” such as Microsoft, which provides some AI models through its Azure OpenAI service, the FAQ said.

A potentially major privacy risk for users, LinkedIn’s FAQ noted, is that users who “provide personal data as an input to a generative AI powered feature” could end up seeing their “personal data being provided as an output.”

LinkedIn claims that it “seeks to minimize personal data in the data sets used to train the models,” relying on “privacy enhancing technologies to redact or remove personal data from the training dataset.”

While Lawit’s blog avoids clarifying if data already collected can be removed from AI training data sets, the FAQ affirmed that users who automatically opted in to sharing personal data for AI training can only opt out of the invasive data collection “going forward.”

Opting out “does not affect training that has already taken place,” the FAQ said.

A LinkedIn spokesperson told Ars that it “benefits all members” to be opted in to AI training “by default.”

“People can choose to opt out, but they come to LinkedIn to be found for jobs and networking and generative AI is part of how we are helping professionals with that change,” LinkedIn’s spokesperson said.

By allowing opt-outs of future AI training, LinkedIn’s spokesperson additionally claimed that the platform is giving “people using LinkedIn even more choice and control when it comes to how we use data to train our generative AI technology.”

How to opt out of AI training on LinkedIn

Users can opt out of AI training by navigating to the “Data privacy” section in their account settings, then turning off the option allowing collection of “data for generative AI improvement” that LinkedIn otherwise automatically turns on for most users.

The only exception is for users in the European Economic Area or Switzerland, who are protected by stricter privacy laws that either require consent from platforms to collect personal data or for platforms to justify the data collection as a legitimate interest. Those users will not see an option to opt out, because they were never opted in, LinkedIn repeatedly confirmed.

Additionally, users can “object to the use of their personal data for training” generative AI models not used to generate LinkedIn content—such as models used for personalization or content moderation purposes, The Verge noted—by submitting the LinkedIn Data Processing Objection Form.

Last year, LinkedIn shared AI principles, promising to take “meaningful steps to reduce the potential risks of AI.”

One risk that the updated user agreement specified is that using LinkedIn’s generative features to help populate a profile or generate suggestions when writing a post could generate content that “might be inaccurate, incomplete, delayed, misleading or not suitable for your purposes.”

Users are advised that they are responsible for avoiding sharing misleading information or otherwise spreading AI-generated content that may violate LinkedIn’s community guidelines. And users are additionally warned to be cautious when relying on any information shared on the platform.

“Like all content and other information on our Services, regardless of whether it’s labeled as created by ‘AI,’ be sure to carefully review before relying on it,” LinkedIn’s user agreement says.

Back in 2023, LinkedIn claimed that it would always “seek to explain in clear and simple ways how our use of AI impacts people,” because users’ “understanding of AI starts with transparency.”

Legislation like the European Union’s AI Act and the GDPR—especially with its strong privacy protections—if enacted elsewhere, would lead to fewer shocks to unsuspecting users. That would put all companies and their users on equal footing when it comes to training AI models and result in fewer nasty surprises and angry customers.

How to stop LinkedIn from training AI on your data Read More »

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Ever wonder how crooks get the credentials to unlock stolen phones?

Biz & IT, lost phone, phishing, phishing-as-a-service, phone theft, Security / /

BUSTED —

iServer provided a simple service for phishing credentials to unlock phones.

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Ever wonder how crooks get the credentials to unlock stolen phones?

Getty Images

A coalition of law-enforcement agencies said it shut down a service that facilitated the unlocking of more than 1.2 million stolen or lost mobile phones so they could be used by someone other than their rightful owner.

The service was part of iServer, a phishing-as-a-service platform that has been operating since 2018. The Argentina-based iServer sold access to a platform that offered a host of phishing-related services through email, texts, and voice calls. One of the specialized services offered was designed to help people in possession of large numbers of stolen or lost mobile devices to obtain the credentials needed to bypass protections such as the lost mode for iPhones, which prevent a lost or stolen device from being used without entering its passcode.

iServer's phishing-as-a-service model.

Enlarge / iServer’s phishing-as-a-service model.

Group-IB

Catering to low-skilled thieves

An international operation coordinated by Europol’s European Cybercrime Center said it arrested the Argentinian national that was behind iServer and identified more than 2,000 “unlockers” who had enrolled in the phishing platform over the years. Investigators ultimately found that the criminal network had been used to unlock more than 1.2 million mobile phones. Officials said they also identified 483,000 phone owners who had received messages phishing for credentials for their lost or stolen devices.

According to Group-IB, the security firm that discovered the phone-unlocking racket and reported it to authorities, iServer provided a web interface that allowed low-skilled unlockers to phish the rightful device owners for the device passcodes, user credentials from cloud-based mobile platforms, and other personal information.

Group-IB wrote:

During its investigations into iServer’s criminal activities, Group-IB specialists also uncovered the structure and roles of criminal syndicates operating with the platform: the platform’s owner/developer sells access to “unlockers,” who in their turn provide phone unlocking services to other criminals with locked stolen devices. The phishing attacks are specifically designed to gather data that grants access to physical mobile devices, enabling criminals to acquire users’ credentials and local device passwords to unlock devices or unlink them from their owners. iServer automates the creation and delivery of phishing pages that imitate popular cloud-based mobile platforms, featuring several unique implementations that enhance its effectiveness as a cybercrime tool.

Unlockers obtain the necessary information for unlocking the mobile phones, such as IMEI, language, owner details, and contact information, often accessed through lost mode or via cloud-based mobile platforms. They utilize phishing domains provided by iServer or create their own to set up a phishing attack. After selecting an attack scenario, iServer creates a phishing page and sends an SMS with a malicious link to the victim.

An example phishing message sent.

Enlarge / An example phishing message sent.

When successful, iServer customers would receive the credentials through the web interface. The customers could then unlock a phone to disable the lost mode so the device could be used by someone new.

Ultimately, criminals received the stolen and validated credentials through the iServer web interface, enabling them to unlock a phone, turn off “Lost mode” and untie it from the owner’s account.

To better camouflage the ruse, iServer often disguised phishing pages as belonging to cloud-based services.

Phishing message asking for passcode.

Enlarge / Phishing message asking for passcode.

Group-IB

Phishing message masquerades as a cloud-based service with a map once passcode is entered.

Enlarge / Phishing message masquerades as a cloud-based service with a map once passcode is entered.

Group-IB

Besides the arrest, authorities also seized the iserver.com domain.

The iServer site as it appeared before the takedown.

Enlarge / The iServer site as it appeared before the takedown.

Group-IB

The iServer website after the takedown.

Enlarge / The iServer website after the takedown.

Group-IB

The takedown and arrests occurred from September 10–17 in Spain, Argentina, Chile, Colombia, Ecuador, and Peru. Authorities in those countries began investigating the phishing service in 2022.

Ever wonder how crooks get the credentials to unlock stolen phones? Read More »

due-to-ai-fakes,-the-“deep-doubt”-era-is-here

Due to AI fakes, the “deep doubt” era is here

AI, Biz & IT, Danielle K. Citron, deep doubt, Deepfakes, Donald Trump, doubt, facebook, history, image synthesis, Joe Biden, Kamala Harris, Liar's Dividend, machine learning, media literacy, music synthesis, Politics, Robert Chesney, Social Media, text synthesis, video synthesis, voice synthesis, X / /
A person writing

Memento | Aurich Lawson

Given the flood of photorealistic AI-generated images washing over social media networks like X and Facebook these days, we’re seemingly entering a new age of media skepticism: the era of what I’m calling “deep doubt.” While questioning the authenticity of digital content stretches back decades—and analog media long before that—easy access to tools that generate convincing fake content has led to a new wave of liars using AI-generated scenes to deny real documentary evidence. Along the way, people’s existing skepticism toward online content from strangers may be reaching new heights.

Deep doubt is skepticism of real media that stems from the existence of generative AI. This manifests as broad public skepticism toward the veracity of media artifacts, which in turn leads to a notable consequence: People can now more credibly claim that real events did not happen and suggest that documentary evidence was fabricated using AI tools.

The concept behind “deep doubt” isn’t new, but its real-world impact is becoming increasingly apparent. Since the term “deepfake” first surfaced in 2017, we’ve seen a rapid evolution in AI-generated media capabilities. This has led to recent examples of deep doubt in action, such as conspiracy theorists claiming that President Joe Biden has been replaced by an AI-powered hologram and former President Donald Trump’s baseless accusation in August that Vice President Kamala Harris used AI to fake crowd sizes at her rallies. And on Friday, Trump cried “AI” again at a photo of him with E. Jean Carroll, a writer who successfully sued him for sexual assault, that contradicts his claim of never having met her.

Legal scholars Danielle K. Citron and Robert Chesney foresaw this trend years ago, coining the term “liar’s dividend” in 2019 to describe the consequence of deep doubt: deepfakes being weaponized by liars to discredit authentic evidence. But whereas deep doubt was once a hypothetical academic concept, it is now our reality.

The rise of deepfakes, the persistence of doubt

Doubt has been a political weapon since ancient times. This modern AI-fueled manifestation is just the latest evolution of a tactic where the seeds of uncertainty are sown to manipulate public opinion, undermine opponents, and hide the truth. AI is the newest refuge of liars.

Over the past decade, the rise of deep-learning technology has made it increasingly easy for people to craft false or modified pictures, audio, text, or video that appear to be non-synthesized organic media. Deepfakes were named after a Reddit user going by the name “deepfakes,” who shared AI-faked pornography on the service, swapping out the face of a performer with the face of someone else who wasn’t part of the original recording.

In the 20th century, one could argue that a certain part of our trust in media produced by others was a result of how expensive and time-consuming it was, and the skill it required, to produce documentary images and films. Even texts required a great deal of time and skill. As the deep doubt phenomenon grows, it will erode this 20th-century media sensibility. But it will also affect our political discourse, legal systems, and even our shared understanding of historical events that rely on that media to function—we rely on others to get information about the world. From photorealistic images to pitch-perfect voice clones, our perception of what we consider “truth” in media will need recalibration.

In April, a panel of federal judges highlighted the potential for AI-generated deepfakes to not only introduce fake evidence but also cast doubt on genuine evidence in court trials. The concern emerged during a meeting of the US Judicial Conference’s Advisory Committee on Evidence Rules, where the judges discussed the challenges of authenticating digital evidence in an era of increasingly sophisticated AI technology. Ultimately, the judges decided to postpone making any AI-related rule changes, but their meeting shows that the subject is already being considered by American judges.

Due to AI fakes, the “deep doubt” era is here Read More »

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Homeopathic company refuses to recall life-threatening nasal spray, FDA says

fda, homeopathy, nasal spray, Science, snorestop / /

Dangerous —

Consumers should stop using SnoreStop, FDA says.

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Homeopathic company refuses to recall life-threatening nasal spray, FDA says

The maker of a homeopathic nasal spray with a history of contamination is refusing to recall its product after the Food and Drug Administration once again found evidence of dangerous microbial contamination.

In a warning Thursday, the FDA advised consumers to immediately stop using SnoreStop nasal spray—made by Green Pharmaceuticals—because it may contain microbes that, when sprayed directly into nasal cavities, can cause life-threatening infections. The FDA highlighted the risk to people with compromised immune systems and also children, since SnoreStop is marketed to kids as young as age 5.

According to the regulator, an FDA inspection in April uncovered laboratory test results showing that a batch of SnoreStop contained “significant microbial contamination.” But, instead of discarding the batch, FDA inspectors found evidence that Green Pharmaceuticals had repackaged some of the contaminated lot and distributed it as single spray bottles or as part of a starter kit.

In response, Green Pharmaceuticals destroyed the remainder of the tainted lot and stopped selling the nasal spray on its website. (It is still selling its SnoreStop throat spray, chewable tablets, and pet products, which includes a nasal spray.) But, according to the FDA, it refused to recall products that may contain product from the tainted lot. The agency said it “reiterated its recall recommendation multiple times” in August and September. But, “To date, the company has not taken action to recall this potentially dangerous product from the market.”

Ars has reached out to Green Pharmaceuticals for comment but has not received a response.

Tainted history

SnoreStop.

Enlarge / SnoreStop.

This isn’t new territory for the company. In 2022, Green Pharmaceuticals got warnings from the FDA and issued a recall due to microbial contamination in its SnoreStop nasal spray. In June 2022, the FDA held a conference with the company over findings of bacteria and fungi in the spray. Some of the results suggested high levels of microbial contamination. “The individual sample results varied between 420 and up to 6,200 colony forming units (CFU)/mL for total aerobic microbial count… and between 30 and up to 3,800 CFU/mL for total yeast and mold counts,” the FDA reported in a December 2022 warning letter sent after the fact.

The FDA also noted finding the specific bacterial pathogen Providencia rettgeri, an opportunistic germ that can lurk in health care settings. It’s most often linked to urinary tract infections, but it can also cause pneumonia, brain and spinal cord infections, heart infections, and wound and bloodstream infections in vulnerable people, according to a 2018 review.

“The high bioburden in conjunction with the route of administration with this drug product poses a high risk of harm to vulnerable patients, including children,” the FDA wrote in its warning letter. Green Pharmaceuticals recalled SnoreStop in June 2022, after its meeting with the FDA.

Dangerous dilutions

Aside from the gross microbial contamination, the FDA also noted in its letter that SnoreStop appears to be an unapproved new drug, illegally claiming to treat a disease without FDA approval. SnoreStop is a homeopathic product, meaning it is based on pseudoscience. Homeopaths falsely believe that if substances, including poisons, cause the same symptoms as illnesses, the substance can cure those illnesses (“like cures like”). The reason the products don’t poison users is because homeopaths also believe that diluting substances into oblivion enhances their curative properties (“law of infinitesimals”). Some dilutions are so extreme that not a single molecule of the starting substance is present in homeopathic products. And some homeopaths have argued that water molecules can have a “memory” of the substance, which, they contend, explains how the products work.

SnoreStop is said to contain dilutions of: nux vomica (a natural source of strychnine), belladonna (deadly nightshade), Ephedra vulgaris (a source of the drug ephedrine), hydrastis canadensis (a toxic herb), Kali Bichromicum (potassium dichromate, which is considered toxic and carcinogenic), Teucrium marum (similar to catnip), and Histaminum hydrochloricum (Histamine dihydrochloride).

Consumer advocates have worked for years to try to get homeopathic products off of store shelves, where they’re sometimes sold alongside evidence-based, FDA-approved over-the-counter medicines. While homeopathic products are mostly harmless and ineffective—offering placebo effects at best—they can turn deadly when manufacturers mishandle the dilutions. For instance, in 2016, the FDA linked improperly diluted belladonna in homeopathic teething products to the deaths of 10 infants and the poisonings of more than 400 others.

Homeopathic company refuses to recall life-threatening nasal spray, FDA says Read More »

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Landmark AI deal sees Hollywood giant Lionsgate provide library for AI training

AI, Ai video, AI-generated video, Biz & IT, Gen-3 Alpha, Lionsgate, machine learning, Reid Southen, Runway, Runway Gen-3, video synthesis / /

The silicon screen —

Runway deal will create a Lionsgate AI video generator, but not everyone is happy.

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An illustration of a filmstrip with a robot, horse, rocket, and whale.

On Wednesday, AI video synthesis firm Runway and entertainment company Lionsgate announced a partnership to create a new AI model trained on Lionsgate’s vast film and TV library. The deal will feed Runway legally clear training data and will also reportedly provide Lionsgate with tools to enhance content creation while potentially reducing production costs.

Lionsgate, known for franchises like John Wick and The Hunger Games, sees AI as a way to boost efficiency in content production. Michael Burns, Lionsgate’s vice chair, stated in a press release that AI could help develop “cutting edge, capital efficient content creation opportunities.” He added that some filmmakers have shown enthusiasm about potential applications in pre- and post-production processes.

Runway plans to develop a custom AI model using Lionsgate’s proprietary content portfolio. The model will be exclusive to Lionsgate Studios, allowing filmmakers, directors, and creative staff to augment their work. While specifics remain unclear, the partnership marks the first major collaboration between Runway and a Hollywood studio.

“We’re committed to giving artists, creators and studios the best and most powerful tools to augment their workflows and enable new ways of bringing their stories to life,” said Runway co-founder and CEO Cristóbal Valenzuela in a press release. “The history of art is the history of technology and these new models are part of our continuous efforts to build transformative mediums for artistic and creative expression; the best stories are yet to be told.”

The quest for legal training data

Generative AI models are master imitators, and video synthesis models like Runway’s latest Gen-3 Alpha are no exception. The companies that create them must amass a great deal of existing video (and still image) samples to analyze, allowing the resulting AI models to re-synthesize that information into new video generations, guided by text descriptions called prompts. And wherever that training data is lacking, it can result in unusual generations, as we saw in our hands-on evaluation of Gen-3 Alpha in July.

However, in the past, AI companies have gotten into legal trouble for scraping vast quantities of media without permission. In fact, Runway is currently the defendant in a class-action lawsuit that alleges copyright infringement for using video data obtained without permission to train its video synthesis models. While companies like OpenAI have claimed this scraping process is “fair use,” US courts have not yet definitively ruled on the practice. With other potential legal challenges ahead, it makes sense from Runway’s perspective to reach out and sign deals for training data that is completely in the clear.

Even if the training data becomes fully legal and licensed, different elements of the entertainment industry view generative AI on a spectrum that seems to range between fascination and horror. The technology’s ability to rapidly create images and video based on prompts may attract studios looking to streamline production. However, it raises polarizing concerns among unions about job security, actors and musicians about likeness misuse and ethics, and studios about legal implications.

So far, news of the deal has not been received kindly among vocal AI critics found on social media. On X, filmmaker and AI critic Joe Russo wrote, “I don’t think I’ve ever seen a grosser string of words than: ‘to develop cutting-edge, capital-efficient content creation opportunities.'”

Film concept artist Reid Southen shared a similar negative take on X: “I wonder how the directors and actors of their films feel about having their work fed into the AI to make a proprietary model. As an artist on The Hunger Games? I’m pissed. This is the first step in trying to replace artists and filmmakers.”

It’s a fear that we will likely hear more about in the future as AI video synthesis technology grows more capable—and potentially becomes adopted as a standard filmmaking tool. As studios explore AI applications despite legal uncertainties and labor concerns, partnerships like the Lionsgate-Runway deal may shape the future of content creation in Hollywood.

Landmark AI deal sees Hollywood giant Lionsgate provide library for AI training Read More »