Bitcoin

SEC Appeals Decision In Landmark Ripple Case (cnbc.com) 13

On Wednesday, the SEC filed (PDF) to appeal a 2023 court ruling that determined XRP is not considered a security when sold to retail investors on exchanges. The announcement sent the price of XRP tumbling more than 8%. "XRP, which was created by the founders of Ripple, is the native token of the open source XRP Ledger, which Ripple uses in its cross-border payments business," notes CNBC. "It is the fifth-largest coin by market cap, excluding stablecoins Tether (USDT) and USD Coin (USDC)." CNBC reports: Ripple, the largest holder of XRP coins, scored a partial victory last summer after a three-year battle with the SEC. U.S. District Judge Analisa Torres handed down the decision, which was hailed as a landmark win for the crypto industry. Still, while XRP isn't considered a security when sold to retail investors on exchanges, it is considered an unregistered security offering if sold to institutional investors.

Ripple declined to comment but referred to Wednesday evening posts on X by CEO Brad Garlinghouse and chief legal officer Stuart Alderoty. Alderoty said the company is evaluating whether to file a cross appeal, and called the SEC's decision to appeal "disappointing, but not surprising." The SEC, under Chair Gary Gensler, has become notorious for its refusal to provide clear guidance for crypto businesses, instead opting to regulate by enforcement actions. "XRP's status as a non-security is the law of the land today - and that does not change even in the face of this misguided - and infuriating - appeal," Garlinghouse said on X.

Google

Google Is Testing Verified Checkmarks In Search (theverge.com) 21

Google is testing a new verification feature in search, in a move aimed at helping users avoid fake or fraudulent websites. The Verge's Jess Weatherbed reports: My colleague Jay Peters spotted checkmarks next to official site links for Microsoft, Meta, Epic Games, Apple, Amazon, and HP, but these were no longer displayed once he logged into a different Google account -- meaning this experiment isn't being rolled out widely just yet. Hovering over a checkmark will display a message that explains "Google's signals suggest that this business is the business that it says it is," which is determined by things like website verification, Merchant Center data, and manual reviews according to Shaheen.
Security

Collapse of National Security Elites' Cyber Firm Leaves Bitter Wake (apnews.com) 15

Cybersecurity firm IronNet, founded by former NSA director Keith Alexander, has collapsed after failing to deliver on its promise to revolutionize cyber defense. The company, which went public in 2021 with a $3 billion valuation, shut down in September 2023 after running out of money.

IronNet's downfall has left investors and former employees bitter, with some accusing the company of misleading them about its financial health. "I'm honestly ashamed that I was ever an executive at that company," said Mark Berly, a former IronNet vice president. He said the company's top leaders cultivated a culture of deceit "just like Theranos." Critics point to questionable business practices, subpar products, and associations that potentially exposed the firm to Russian influence. The company's board included high-profile national security figures, which helped attract investments and contracts. However, IronNet struggled to secure major deals and meet revenue projections.
Businesses

Tencent, Guillemot Family Mull Ubisoft Buyout Amid Share Slump (yahoo.com) 32

Tencent and Ubisoft's founding Guillemot family are weighing a potential buyout of the French game maker, according to Bloomberg News. The move comes as Ubisoft's shares plunged 54% this year, hitting decade-lows after production delays and weak sales. Tencent, which bought 49.9% of Guillemot Brothers in 2022, holds 9.2% of Ubisoft's voting rights, while the Guillemots control 20.5%.

Further reading: Star Wars Outlaws Is A Crappy Masterpiece.
Businesses

159 Employees Leave Automattic as WordPress CEO Escalates Fight With WP Engine (techcrunch.com) 47

Automattic, the company behind WordPress, has seen a reduction of about 8.4% to its workforce after 159 employees accepted severance packages, CEO Matt Mullenweg said. The move follows disputes over the company's direction and its clash with web host WP Engine. Most departures hit the WordPress division, with some from other business units. Employees received $30,000 or six months' pay, but are ineligible for rehire, Mullenweg added.
Biotech

23andMe Is On the Brink. What Happens To All Its DNA Data? (npr.org) 60

The one-and-done nature of 23andMe is "indicative of a core business problem with the once high-flying biotech company that is now teetering on the brink of collapse," reports NPR. As 23andMe struggles for survival, many of its 15 million customers are left wondering what the company plans to do with all the data it has collected since it was founded in 2006. An anonymous reader shares an excerpt from the report: Andy Kill, a spokesperson for 23andMe, would not comment on what the company might do with its trove of genetic data beyond general pronouncements about its commitment to privacy. "For our customers, our focus continues to be on transparency and choice over how they want their data to be managed," he said. When signing up for the service, about 80% of 23andMe's customers have opted in to having their genetic data analyzed for medical research. "This rate has held steady for many years," Kill added. The company has an agreement with pharmaceutical giant GlaxoSmithKline, or GSK, that allows the drugmaker to tap the tech company's customer data to develop new treatments for disease. Anya Prince, a law professor at the University of Iowa's College of Law who focuses on genetic privacy, said those worried about their sensitive DNA information may not realize just how few federal protections exist. For instance, the Health Insurance Portability and Accountability Act, also known as HIPAA, does not apply to 23andMe since it is a company outside of the health care realm. "HIPAA does not protect data that's held by direct-to-consumer companies like 23andMe," she said.

Although DNA data has no federal safeguards, some states, like California and Florida, do give consumers rights over their genetic information. "If customers are really worried, they could ask for their samples to be withdrawn from these databases under those laws," said Prince. According to the company, all of its genetic data is anonymized, meaning there is no way for GSK, or any other third party, to connect the sample to a real person. That, however, could make it nearly impossible for a customer to renege on their decision to allow researchers to access their DNA data. "I couldn't go to GSK and say, 'Hey, my sample was given to you -- I want that taken out -- if it was anonymized, right? Because they're not going to re-identify it just to pull it out of the database," Prince said.

Vera Eidelman, a staff attorney with the American Civil Liberties Union who specializes in privacy and technology policy, said the patchwork of state laws governing DNA data makes the generic data of millions potentially vulnerable to being sold off, or even mined by law enforcement. "Having to rely on a private company's terms of service or bottom line to protect that kind of information is troubling -- particularly given the level of interest we've seen from government actors in accessing such information during criminal investigations," Eidelman said. She points to how investigators used a genealogy website to identify the man known as the Golden State Killer, and how police homed in on an Idaho murder suspect by turning to similar databases of genetic profiles. "This has happened without people's knowledge, much less their express consent," Eidelman said.

Neither case relied on 23andMe, and spokesperson Kill said the company does not allow law enforcement to search its database. The company has, however, received subpoenas to access its genetic information. According to 23andMe's transparency report, authorities have sought genetic data on 15 individuals since 2015, but the company has resisted the requests and never produced data for investigators. "We treat law enforcement inquiries, such as a valid subpoena or court order, with the utmost seriousness. We use all legal measures to resist any and all requests in order to protect our customers' privacy," Kill said. [...] In a September filing to financial regulators, [23andMe CEO Anne Wojcicki] wrote: "I remain committed to our customers' privacy and pledge," meaning the company's rules requiring consent for DNA to be used for research would remain in place, as well as allowing customers to delete their data. Wojcicki added that she is no longer considering offers to buy the company after previously saying she was.

Security

Even Password Manager Subscribers Reuse Passwords, Study Finds (pcmag.com) 61

An anonymous reader shares a report: It's not exactly breaking news that people reuse passwords, but you might expect password manager subscribers to avoid the practice. You'd be wrong, according to a new study. Dashlane's downer of a report draws on saved logins analyzed on-device by Dashlane's software across "millions" of individual and business accounts. It finds dismally high percentages of password reuse worldwide. The US and Canada rank the worst of every region Dashlane tracked, with 48% of passwords in individual password vaults being reused. Another 15% rate as compromised, meaning those passwords have shown up in data breaches.

Combined with other security data points, the US and Canada land at a security score of 72.6 out of 100 in Dashlane's report, the lowest of all 14 regions covered in the study. The report, along with the Password Health score that Dashlane's software computes for individual users, emphasizes the longstanding problem of password reuse because that practice leaves its practitioners so vulnerable to getting hacked.Â

The Almighty Buck

PayPal Completes Its First Business Transaction Using Stablecoin (bloomberg.com) 20

PayPal completed its first business payment using its proprietary stablecoin as a way to demonstrate how digital currencies can be used to improve often-clunky commercial transactions. From a report: PayPal paid an invoice to Ernst & Young LLP on Sept. 23 using PYUSD, the stablecoin the firm launched last year, relying on an SAP SE platform to complete the transaction. SAP's platform, known as the digital currency hub, allows enterprises to send and receive digital payments instantly, around the clock. The invoice amount wasn't disclosed.

Stablecoins are cryptocurrencies usually designed to track traditional currencies one-to-one. PYUSD, which has a current market capitalization of almost $700 million, tracks the US dollar. While the consumer-facing benefits of stablecoins often dominate conversations, this payment demonstrates other use cases for the digital currency, according to Jose Fernandez da Ponte, PayPal's senior vice president of its blockchain, cryptocurrency and digital currency group.

Earth

Private Equity Firms Ploughing Billions Into Fossil Fuels, Analysis Reveals (theguardian.com) 100

Private equity firms are using US public sector workers' retirement savings to fund fossil fuel projects pumping more than a billion tonnes of greenhouse gas emissions into the atmosphere every year, according to an analysis. From a report: They have ploughed more than $1tn into the energy sector since 2010, often buying into old and new fossil fuel projects and, thanks to exemptions from many financial disclosures, operating them outside the public eye, the researchers say. In many cases they are mortgaging workers' futures by taking the money they have put away for old age and investing it in assets that risk serious damage to the climate, the report claims.

"Public sector workers' money, through national, state, and retirement pensions, provides much of the capital for private equity firms' energy investments, but there is limited disclosure to the pension fund managers that the deferred earnings of their beneficiaries have potential climate impacts," it says. Researchers at Americans for Financial Reform Education Fund, Global Energy Monitor and Private Equity Stakeholder Project assessed the holdings of 21 private equity firms, overseeing a combined $6tn in assets under management. Together, the analysis found that the 21 firms were funding projects responsible for releasing more than 1.17bn tons of CO2 equivalent (tCO2e) a year.

Businesses

Americans Are Growing Wary of Jumping Jobs 100

"Job hopping as a way to boost your earnings may not be as profitable as it was in 2022," writes Slashdot reader NoWayNoShapeNoForm. "Data from ADP, based on payroll data of almost 10 million employees, suggests the salary gain between 'stay' and 'jump' has definitely narrowed across all age groups, gender classes, industries, and company sizes." Yahoo Finance reports: New data from ADP released Wednesday showed that the median year-over-year pay increase for job switchers fell to 6.6% in September, down from 7.3% in August and the lowest growth rate since April 2021. The gap between pay gains for job changers and those of job stayers, which grew at a 4.7% pace in August, is at its narrowest since January and a far cry from 2022-2023 levels during the "Great Resignation." ADP chief economist Nela Richardson said that the narrowing gap in pay gains is a sign the labor market is "less tight ... less dynamic."

"The payoff for job changing is not quite as complex as it was earlier this year," Richardson added. "That points to some stability in this labor market."
The Internet

World Wide Web Foundation is Shutting Down (theregister.com) 28

After fifteen years of fighting to make the web safer and more accessible, the World Wide Web Foundation is shutting down. From a report: In a letter shared via the organization's website, co-founders Sir Tim Berners-Lee -- inventor of the World Wide Web -- and Rosemary Leith explain that the organization's mission has been somewhat accomplished and a new battle needs to be waged. When the foundation was founded in 2009, just over 20 percent of the world had access to the web and relatively few organizations were trying to change that, say Sir Tim and Leith. A decade and a half later, with nearly 70 percent of the world online, there are many similar non-governmental organizations trying to make the web more accessible and affordable.

The two founders thank their supporters over the years who "have enabled us to move the needle in a big way" with regard to access and affordability. But the issues facing the web have changed, they insist, and the foundation believes other advocacy groups can take it from here. Chief among the more pressing problems, claim Sir Tim and Leith, is the social media business model that commoditized user data and concentrates power with platforms, contrary to Sir Tim's original vision for the web. To address that threat, Sir Tim intends to dismantle his foundation so he can focus on decentralized technology. "We, along with the Web Foundation board, have been asking ourselves where we can have the most impact in the future," the authors say. "The conclusion we have reached is that Tim's passion on restoring power over and control of data to individuals and actively building powerful collaborative systems needs to be the highest priority going forward. In order to best achieve this, Tim will focus his efforts to support his vision for the Solid Protocol and other decentralized systems."

The Courts

Court Blocks Uber Crash Lawsuit After Couple's Daughter Agreed To Uber Eats TOS (npr.org) 122

An anonymous reader quotes a report from NPR: A New Jersey appeals court says a couple cannot sue Uber over a life-altering car accident because of the app's terms and conditions, even though they say it was their daughter who agreed to those terms while placing an Uber Eats order. John and Georgia McGinty -- a Mercer County couple both in their 50s -- filed a lawsuit against the ride-hailing company in February 2023, nearly a year after suffering "serious physical, psychological, and financial damages" when the Uber they were riding in crashed into another car, according to court filings. "There are physical scars, mental scars, and I don't think that they will ever really be able to go back to their full capacity that they were at before," says their attorney, Mike Shapiro.

Uber responded by filing a motion to dismiss the complaint and compel arbitration, which would require the parties to resolve their differences outside court instead -- ostensibly benefiting the company by lowering legal costs and keeping proceedings private. Uber argued that Georgia McGinty, a longtime customer of Uber Rides and Uber Eats, had agreed to arbitrate any disputes with the company when she signed off on the language in the app's terms of use on three occasions over the years. The McGintys fought back, saying it was actually their daughter -- who was and remains a minor -- who had most recently agreed to the terms when she used Georgia's phone to order food on their behalf. A lower court initially sided with the couple, denying Uber's motion to compel arbitration in November 2023. Uber appealed the decision, and late last month, the appeals court ruled in its favor.

"We hold that the arbitration provision contained in the agreement under review, which Georgia or her minor daughter, while using her cell phone agreed to, is valid and enforceable," the three-judge panel wrote in September. "We, therefore, reverse the portion of the order denying arbitration of the claims against Uber." Shapiro told NPR that the couple "100%" wants to keep pursuing their case and are mulling their options, including asking the trial court to reconsider it or potentially trying to bring it to the New Jersey Supreme Court. "Uber has just been extremely underhanded in their willingness to open the same cabinets that they're forcing the McGintys to open up and have to peek around in," Shapiro says. "It's unfortunate that that's the way that they're carrying on their business, because this is truly something that subjects millions and millions of Americans and people all over the world to a waiver of their hard-fought rights."
"While the plaintiffs continue to tell the press that it was their daughter who ordered Uber Eats and accepted the Terms of Use, it's worth noting that in court they could only 'surmise' that that was the case but could not recall whether 'their daughter ordered food independently or if Georgia assisted,'" Uber said in a statement.

The report cites another recent case where Disney "tried to block a man's wrongful death lawsuit on behalf of his wife -- who died following an allergic reaction after eating at a Disney World restaurant -- because he had signed up for a trial of Disney+." After negative media coverage, the company backtracked on its push for arbitration.
Businesses

Amazon To Increase Number of Ads on Prime Video (ft.com) 100

Amazon is set to roll out a greater number of ads [non-paywalled link] across its blockbuster television shows and movies on Prime Video next year as the US tech giant steps up its push into ad-funded streaming services. Financial Times: The company said it had not seen a sharp drop in subscribers since it introduced advertising to its Prime Video platform eight months ago, allaying fears among top executives of a customer backlash, as it attempts to win over more brands to its streaming service.

Kelly Day, vice-president of Prime Video International, who oversees the streaming video business in global markets, told the Financial Times there would be an increasing number of ad slots for brands to target in 2025. Talking ahead of its first London "up front" on Wednesday evening -- when television companies present their plans to advertisers to attract money over the next year -- Day said its advertising "load" would "ramp up a little bit more into 2025."

The Almighty Buck

OpenAI Asks Investors Not To Back Rival Startups Such as Elon Musk's xAI (ft.com) 52

Financial Times has more details on the new fundraise closed by OpenAI. From the report: OpenAI has asked investors to avoid backing rival start-ups such as Anthropic and Elon Musk's xAI, as it secures $6.6bn in new funding and seeks to shut out challengers to its early lead in generative artificial intelligence. [...] During the negotiations, the company made clear that it expected an exclusive funding arrangement, according to three people with knowledge of the discussions. Seeking exclusive relationships with investors restricts rivals' access to capital and strategic partnerships. The move by the maker of ChatGPT risks inflaming existing tensions with competitors, especially Musk, who is suing OpenAI. Venture firms are party to sensitive information about the companies they invest in, and close relationships with one company can make it difficult or contentious to also back a rival. But exclusivity is rarely insisted on, according to VCs, and many leading firms have spread their bets in certain sectors. Sequoia Capital and Andreessen Horowitz, for instance, have backed multiple AI start-ups, including both OpenAI and Musk's xAI.
Businesses

Epic Games CEO Tim Sweeney Renews Blast At 'Gatekeeper' Platform Owners (venturebeat.com) 77

An anonymous reader quotes a report from VentureBeat: Epic Games CEO Tim Sweeney opened the Unreal Fest Seattle event today with an update on news that included a blistering criticism of monopolistic platform owners. Sweeney is a big proponent of open platforms and the open metaverse. In fact, he will talk about that subject in a virtual talk at our GamesBeat Next 2024 event on October 28-29 in San Francisco. (You can use this code for a 25% discount: gbn24dean). And so Sweeney continues to pressure the major platforms to give more favorable terms to game developers. He started out on that front by giving a price cut for users of Unreal Engine 5, Epic's tools for making games. For those who release games first or simultaneously on the Epic Games Store, Epic is cutting its royalty rate from 5% to 3.5% for Unreal developers. He noted that Epic is in better financial shape than it was a year ago, when Epic had to lay off a lot of staff. Sweeney said the company spent the last year rebuilding. "We're at a point now where game development is expensive. It's low margin, and game companies are suffering. Apple and Google make way more profit from most games than the developers make themselves, while contributing nothing," Sweeney said.

Sweeney reminisced about programming on early Apple computers, aligning with Steve Wozniak's vision for Apple where users had complete freedom without corporate restrictions. He contrasted this with today's mobile platforms, accusing Apple and Google of acting as gatekeepers that stifle innovation. "Among the fights we've taken on here, he noted the case with Apple is still an ongoing fight to open up payments so developers can process payments without Apple mediation and without Apple fees," he said, noting the "massive victory" against Google in a jury trial late last year.
AT&T

AT&T Claims VMware By Broadcom Offered It a 1,050% Price Increase (theregister.com) 48

The Register's Simon Sharwood reports: AT&T has claimed that Broadcom made it an offer to increase prices by 1,050 percent, and may be influencing other vendors to make a migration harder. The claim of the colossal price hike came in an email [PDF] filed in evidence by AT&T in its case alleging Broadcom hasn't honored a contract that would allow the carrier to acquire an additional two years of support services for its VMware estate. The email was penned by AT&T executive vice president and general manager Susan A Johnson and appears to be addressed to Broadcom CEO Hock Tan.

"After a 10 plus year strategic relationship with Broadcom ... I am sad to report that we appear to be at an impasse on our VMware deal," Johnson wrote on August 19. "The latest offer that we have received would put us at an average of $REDACTED per year for a 5 year deal, where we currently pay $REDACTED per year to support previously purchased perpetual licenses with a right to renew support through September, 2026. This proposed annual increase of +1,050 percent in one year is extreme and certainly not how we expect strategic partners to engage in doing business with AT&T."

AI

Anthropic Hires OpenAI Co-Founder Durk Kingma 9

OpenAI co-founder Durk Kingma announced that he'll be joining Anthropic. "Anthropic's approach to AI development resonates significantly with my own beliefs," Kingma wrote in a post on X. "[L]ooking forward to contributing to Anthropic's mission of developing powerful AI systems responsibly. Can't wait to work with their talented team, including a number of great ex-colleagues from OpenAI and Google, and tackle the challenges ahead!" TechCrunch reports: Kingma, who has a Ph.D. in machine learning from the University of Amsterdam, spent several years as a doctoral fellow at Google before joining OpenAI's founding team as a research scientist. At OpenAI, Kingma focused on basic research, leading the algorithms team to develop techniques and methods primarily for generative AI models, including image generators (e.g. DALL-E 3) and large language models (e.g. ChatGPT). In 2018, Kingma left to become a part-time angel investor and advisor for AI startups. He rejoined Google in July of that year, and started at Google Brain, which became one of the tech giant's premiere AI R&D labs before it merged with DeepMind in 2023.
Businesses

Ubisoft Investors Push For Company Sale as Shares Hit Decade-Low (techspot.com) 73

French video game publisher Ubisoft has delayed its upcoming "Assassin's Creed Shadows" by three months following disappointing sales of "Star Wars Outlaws". Ubisoft shares have hit a 10-year low as activist investor AJ Investments, backed by 10% of shareholders, pushes for a sale. "Star Wars Outlaws" sold just 1 million copies in its first month, far below expectations. TechSpot adds: Ubisoft has never had the best reputation among gamers. It's been voted the most-hated gaming brand in the world more than once, and there are those who blame the Outlaws reception on trolls who target Ubisoft games and modern Star Wars media.

"The game received an unusual number of user reviews with a clear negative bias (including a large percentage of "zero" reviews), despite seeing acceptable review scores from reputable review sites," Wedbush analysts Michael Pachter, Alicia Reese and Kade Bar wrote in a note last week. "This is a case of a rare incel victory that led to Ubisoft having to take down its numbers," they added.

Microsoft

Microsoft Exec Tells Staff There Won't Be an Amazon-style Return-to-Office Mandate Unless Productivity Drops (yahoo.com) 56

Microsoft won't impose a new return-to-office mandate unless management concludes that productivity has dropped, a high-level exec has reportedly told workers. From a report: The software and cloud-computing giant currently allows employees to work remotely, with many new hires promised the flexibility of working from home at least half the week. But that isn't written in stone. According to two anonymous sources that spoke with Business Insider, executive vice president Scott Guthrie recently told staff at his Microsoft's Cloud and AI group, which includes Azure, that a policy change isn't on the cards at present -- so long as workers stay productive.

While no statement has been provided as of press time, Microsoft told Business Insiderthat the company's work policies have not changed. Amazon CEO Andy Jassy's bombshell decree has roiled tech employees across the sector, many of whom dread a return to hours wasted in traffic jams on the long daily commute.

United States

Former US President Jimmy Carter Turns 100 221

Jimmy Carter reached his 100th birthday Tuesday, the first time an American president has lived a full century and the latest milestone in a life that took the son of a Depression-era farmer to the White House and across the world as a Nobel Peace Prize-winning humanitarian and advocate for democracy. Associated Press: Living the last 19 months in home hospice care in Plains, the Georgia Democrat and 39th president has continued to defy expectations, just as he did through a remarkable rise from his family peanut farming and warehouse business to the world stage. He served one presidential term from 1977 to 1981 and then worked more than four decades leading The Carter Center, which he and his wife Rosalynn co-founded in 1982 to "wage peace, fight disease, and build hope."

"Not everybody gets 100 years on this earth, and when somebody does, and when they use that time to do so much good for so many people, it's worth celebrating," Jason Carter, the former president's grandson and chair of The Carter Center governing board, said in an interview. "These last few months, 19 months, now that he's been in hospice, it's been a chance for our family to reflect," he continued, "and then for the rest of the country and the world to really reflect on him. That's been a really gratifying time."

James Earl Carter Jr. was born Oct. 1, 1924 in Plains, where he has lived more than 80 of his 100 years. He is expected to mark his birthday in the same one-story home he and Rosalynn built in the early 1960s -- before his first election to the Georgia state Senate. The former first lady, who was also born in Plains, died last November at 96. President Joe Biden, who was the first sitting senator to endorse Carter's 1976 campaign, praised his longtime friend for an "unwavering belief in the power of human goodness." "You've always been a moral force for our nation and the world (and) a beloved friend to Jill and me and our family," the 81-year-old president tells Carter in a tribute video filmed in front of Carter's presidential portrait at the White House.

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