AI

US Police Seldom Disclose Use of AI-Powered Facial Recognition, Investigation Finds (msn.com) 63

An anonymous reader shared this report from the Washington Post: Hundreds of Americans have been arrested after being connected to a crime by facial recognition software, a Washington Post investigation has found, but many never know it because police seldom disclose their use of the controversial technology...

In fact, the records show that officers often obscured their reliance on the software in public-facing reports, saying that they identified suspects "through investigative means" or that a human source such as a witness or police officer made the initial identification... The Coral Springs Police Department in South Florida instructs officers not to reveal the use of facial recognition in written reports, according to operations deputy chief Ryan Gallagher. He said investigative techniques are exempt from Florida's public disclosure laws... The department would disclose the source of the investigative lead if it were asked in a criminal proceeding, Gallagher added....

Prosecutors are required to inform defendants about any information that would help prove their innocence, reduce their sentence or hurt the credibility of a witness testifying against them. When prosecutors fail to disclose such information — known as a "Brady violation" after the 1963 Supreme Court ruling that mandates it — the court can declare a mistrial, overturn a conviction or even sanction the prosecutor. No federal laws regulate facial recognition and courts do not agree whether AI identifications are subject to Brady rules. Some states and cities have begun mandating greater transparency around the technology, but even in these locations, the technology is either not being used that often or it's not being disclosed, according to interviews and public records requests...

Over the past four years, the Miami Police Department ran 2,500 facial recognition searches in investigations that led to at least 186 arrests and more than 50 convictions. Among the arrestees, just 1 in 16 were told about the technology's use — less than 7 percent — according to a review by The Post of public reports and interviews with some arrestees and their lawyers. The police department said that in some of those cases the technology was used for purposes other than identification, such as finding a suspect's social media feeds, but did not indicate in how many of the cases that happened. Carlos J. Martinez, the county's chief public defender, said he had no idea how many of his Miami clients were identified with facial recognition until The Post presented him with a list. "One of the basic tenets of our justice system is due process, is knowing what evidence there is against you and being able to challenge the evidence that's against you," Martinez said. "When that's kept from you, that is an all-powerful government that can trample all over us."

After reviewing The Post's findings, Miami police and local prosecutors announced plans to revise their policies to require clearer disclosure in every case involving facial recognition.

The article points out that Miami's Assistant Police Chief actually told a congressional panel on law enforcement AI use that his department is "the first to be completely transparent about" the use of facial recognition. (When confronted with the Washington Post's findings, he "acknowledged that officers may not have always informed local prosecutors [and] said the department would give prosecutors all information on the use of facial recognition, in past and future cases".

He told the Post that the department would "begin training officers to always disclose the use of facial recognition in incident reports." But he also said they would "leave it up to prosecutors to decide what to disclose to defendants."
Android

Google Starts Adding Anti-Theft Locking Features to Android Phones (engadget.com) 81

An anonymous reader shared this report from Engadget: Three new theft protection features that Google announced earlier this year have reportedly started rolling out on Android. The tools — Theft Detection Lock, Offline Device Lock and Remote Lock — are aimed at giving users a way to quickly lock down their devices if they've been swiped, so thieves can't access any sensitive information. Android reporter Mishaal Rahman shared on social media that the first two tools had popped up on a Xiaomi 14T Pro, and said some Pixel users have started seeing Remote Lock.

Theft Detection Lock is triggered by the literal act of snatching. The company said in May that the feature "uses Google AI to sense if someone snatches your phone from your hand and tries to run, bike or drive away." In such a scenario, it'll lock the phone's screen.

The Android reporter summarized the other two locking features in a post on Reddit:
  • Remote Lock "lets you remotely lock your phone using just your phone number in case you can't sign into Find My Device using your Google account password."
  • Offline Device Lock "automatically locks your screen if a thief tries to keep your phone disconnected from the Internet for an extended period of time."

"All three features entered beta in August, starting in Brazil. Google told me the final versions of these features would more widely roll out this year, and it seems the features have begun expanding."


Twitter

Brazil's Top Court Says X Paid Pending Fines to Wrong Bank (reuters.com) 83

An anonymous reader shared this report from Reuters: Brazil's Supreme Court said on Friday that lawyers representing social media platform X did not pay pending fines to the proper bank, postponing its decision on whether to allow the tech firm to resume services in Brazil.

The payment of the fines, which X lawyers argued that the company had paid correctly, is the only outstanding measure demanded by the court in order to authorize X to operate again in Brazil... Earlier on Friday, X, owned by billionaire Elon Musk, filed a fresh request to have its services restored in Brazil, saying it had paid all pending fines. In response to the request, Supreme Court Justice Alexandre de Moraes requested the payment to be transferred to the right bank. He also determined that once fines are sorted out, Brazil's prosecutor general will give his opinion on the recent requests made by X's legal team in Brazil, which has been seeking to have the platform restored in the country.

Following Moraes' decision on Friday, X lawyers again asked the court for authorization to resume operations in Brazil, denying that the company had paid the fines to the wrong account and saying they do not see the need for the prosecutor general to be consulted before the ban is lifted.

IOS

iOS and Android Security Scare: Two Apps Found Supporting 'Pig Butchering' Scheme (forbes.com) 31

"Pig Butchering Alert: Fraudulent Trading App targeted iOS and Android users."

That's the title of a new report released this week by cybersecurity company Group-IB revealing the official Apple App Store and Google Play store offered apps that were actually one part of a larger fraud campaign. "To complete the scam, the victim is asked to fund their account... After a few seemingly successful trades, the victim is persuaded to invest more and more money. The account balance appears to grow rapidly. However, when the victim attempts to withdraw funds, they are unable to do so."

Forbes reports: Group-IB determined that the frauds would begin with a period of social engineering reconnaissance and entrapment, during which the trust of the potential victim was gained through either a dating app, social media app or even a cold call. The attackers spent weeks on each target. Only when this "fattening up" process had reached a certain point would the fraudsters make their next move: recommending they download the trading app from the official App Store concerned.

When it comes to the iOS app, which is the one that the report focussed on, Group-IB researchers said that the app remained on the App Store for several weeks before being removed, at which point the fraudsters switched to phishing websites to distribute both iOS and Android apps. The use of official app stores, albeit only fleetingly as Apple and Google removed the fake apps in due course, bestowed a sense of authenticity to the operation as people put trust in both the Apple and Google ecosystems to protect them from potentially dangerous apps.

"The use of web-based applications further conceals the malicious activity," according to the researchers, "and makes detection more difficult." [A]fter the download is complete, the application cannot be launched immediately. The victim is then instructed by the cybercriminals to manually trust the Enterprise developer profile. Once this step is completed, the fraudulent application becomes operational... Once a user registers with the fraudulent application, they are tricked into completing several steps. First, they are asked to upload identification documents, such as an ID card or passport. Next, the user is asked to provide personal information, followed by job-related details...

The first discovered application, distributed through the Apple App Store, functions as a downloader, merely retrieving and displaying a web-app URL. In contrast, the second application, downloaded from phishing websites, already contains the web-app within its assets. We believe this approach was deliberate, since the first app was available in the official store, and the cybercriminals likely sought to minimise the risk of detection. As previously noted, the app posed as a tool for mathematical formulas, and including personal trading accounts within an iOS app would have raised immediate suspicion.

The app (which only runs on mobile phones) first launches a fake activity with formulas and graphics, according to the researchers. "We assume that this condition must bypass Apple's checks before being published to the store. As we can see, this simple trick allows cybercriminals to upload their fraudulent application to the Apple Store." They argue their research "reinforces the need for continued review of app store submissions to prevent such scams from reaching unsuspecting victims". But it also highlights "the importance of vigilance and end-user education, even when dealing with seemingly trustworthy apps..."

"Our investigation began with an analysis of Android applications at the request of our client. The client reported that a user had been tricked into installing the application as part of a stock investment scam. During our research, we uncovered a list of similar fraudulent applications, one of which was available on the Google Play Store. These apps were designed to display stock-related news and articles, giving them a false sense of legitimacy."
GNU is Not Unix

Free Software Foundation Celebrates 39th Anniversary (fsf.org) 16

"Can you believe that we've been demanding user freedom since 1985?" asks a new blog post at FSF.org: Today, we're celebrating our thirty-ninth anniversary, the "lace year," which represents the intertwined nature and strength of our relationship with the free software community. We wouldn't be here without you, and we are so grateful for everyone who has stood with us, advocating for a world where complete user freedom is the norm and not the exception.

As we celebrate our anniversary and reflect on the past thirty-nine years, we feel inspired by how far we've come, not only as a movement but as an organization, and the changes that we've gone through. While we inevitably have challenges ahead, we feel encouraged and eager to take them on knowing that you'll be right there with us, working for a free future for everyone. Here's to many more years of fighting for user freedom!

Their suggestions for celebrating include:
  • Take a small step with big impact and swap out one nonfree program with one that's truly free
  • If you have an Android phone, download F-Droid, which is a catalogue of hundreds of free software applications
  • Donate $39 to help support free software advocacy

And to help with the celebrations they share a free video teaching the basics of SuperCollider (the free and open source audio synthesis/algorithmic composition software). The video appears on FramaTube, an instance of the decentralized (and ActivityPub-federated) Peertube video platform, supported by the French non-profit Framasoft and powered by WebTorrent, using peer-to-peer technology to reduce load on individual servers.


Google

Google Vows To Stop Linking To New Zealand News If Forced To Pay For Content (apnews.com) 68

An anonymous reader quotes a report from the Associated Press: Google said Friday it will stop linking to New Zealand news content and will reverse its support of local media outlets if the government passes a law forcing tech companies to pay for articles displayed on their platforms. The vow to sever Google traffic to New Zealand news sites -- made in a blog post by the search giant on Friday -- echoes strategies the firm deployed as Australia and Canada prepared to enact similar laws in recent years. It followed a surprise announcement by New Zealand's government in July that lawmakers would advance a bill forcing tech platforms to strike deals for sharing revenue generated from news content with the media outlets producing it.

The government, led by center-right National, had opposed the law in 2023 when introduced by the previous administration. But the loss of more than 200 newsroom jobs earlier this year -- in a national media industry that totaled 1,600 reporters at the 2018 census and has likely shrunk since -- prompted the current government to reconsider forcing tech companies to pay publishers for displaying content. The law aims to stanch the flow offshore of advertising revenue derived from New Zealand news products.
If the media law passes, Google New Zealand Country Director Caroline Rainsford said the firm would need to change its involvement in the country. "Specifically, we'd be forced to stop linking to news content on Google Search, Google News, or Discover surfaces in New Zealand and discontinue our current commercial agreements and ecosystem support with New Zealand news publishers."

Google's licensing program in New Zealand contributed "millions of dollars per year to almost 50 local publications," she added.
AI

Meta's New 'Movie Gen' AI System Can Deepfake Video From a Single Photo (arstechnica.com) 38

An anonymous reader quotes a report from Ars Technica: On Friday, Meta announced a preview of Movie Gen, a new suite of AI models designed to create and manipulate video, audio, and images, including creating a realistic video from a single photo of a person. The company claims the models outperform other video-synthesis models when evaluated by humans, pushing us closer to a future where anyone can synthesize a full video of any subject on demand. The company does not yet have plans of when or how it will release these capabilities to the public, but Meta says Movie Gen is a tool that may allow people to "enhance their inherent creativity" rather than replace human artists and animators. The company envisions future applications such as easily creating and editing "day in the life" videos for social media platforms or generating personalized animated birthday greetings.

Movie Gen builds on Meta's previous work in video synthesis, following 2022's Make-A-Scene video generator and the Emu image-synthesis model. Using text prompts for guidance, this latest system can generate custom videos with sounds for the first time, edit and insert changes into existing videos, and transform images of people into realistic personalized videos. [...] Movie Gen's video-generation model can create 1080p high-definition videos up to 16 seconds long at 16 frames per second from text descriptions or an image input. Meta claims the model can handle complex concepts like object motion, subject-object interactions, and camera movements.
You can view example videos here. Meta also released a research paper with more technical information about the model.

As for the training data, the company says it trained these models on a combination of "licensed and publicly available datasets." Ars notes that this "very likely includes videos uploaded by Facebook and Instagram users over the years, although this is speculation based on Meta's current policies and previous behavior."
Data Storage

60TB Hard Drives Arriving in 2028, According To Industry Roadmap (tomshardware.com) 43

An anonymous reader shares a report: The arrival of energy-assisted magnetic recording (EAMR) technologies like Seagate's HAMR will play a crucial role in accelerating HDD capacity growth in the coming years. According to the new IEEE International Roadmap for Devices and Systems Mass Data Storage, we will see 60 TB hard disk drives in 2028. If the prediction is accurate, we will see HDD storage capacity doubling in just four years, something that did not happen for a while. Also, IEEE believes that HDD unit sales will increase.

IEEE's latest HDD development roadmap spans 2022 to 2037 and covers 15 years of hard drive evolution. The arrival of HAMR in 2024 will play a pivotal role in the increase in HDD capacity (even though Western Digital has managed to stay competitive with Seagate's HAMR HDDs using a set of its technologies) over the next few years. IEEE engineers expect HDDs to leapfrog to 40TB in 2025 and 60TB in 2028, doubling capacity from 30TB in 2024. By 2037, there will be 100TB of storage space, according to IEEE.

To get to those extreme capacities, HDD makers will have to increase the areal density of their platters steadily. To get to 40TB per drive, they will have to get to 2 TB/inch^2 in 2025 and then to over 4 TB/inch^2 in 2028 to build 60TB HDDs. By 2037, areal density will grow to over 10 Tb/inch^2. Increasing areal density will necessitate the use of new media, magnetic films, and all-new write and read heads.

AI

AI Agent Promotes Itself To Sysadmin, Trashes Boot Sequence 86

The Register's Thomas Claburn reports: Buck Shlegeris, CEO at Redwood Research, a nonprofit that explores the risks posed by AI, recently learned an amusing but hard lesson in automation when he asked his LLM-powered agent to open a secure connection from his laptop to his desktop machine. "I expected the model would scan the network and find the desktop computer, then stop," Shlegeris explained to The Register via email. "I was surprised that after it found the computer, it decided to continue taking actions, first examining the system and then deciding to do a software update, which it then botched." Shlegeris documented the incident in a social media post.

He created his AI agent himself. It's a Python wrapper consisting of a few hundred lines of code that allows Anthropic's powerful large language model Claude to generate some commands to run in bash based on an input prompt, run those commands on Shlegeris' laptop, and then access, analyze, and act on the output with more commands. Shlegeris directed his AI agent to try to SSH from his laptop to his desktop Ubuntu Linux machine, without knowing the IP address [...]. As a log of the incident indicates, the agent tried to open an SSH connection, and failed. So Shlegeris tried to correct the bot. [...]

The AI agent responded it needed to know the IP address of the device, so it then turned to the network mapping tool nmap on the laptop to find the desktop box. Unable to identify devices running SSH servers on the network, the bot tried other commands such as "arp" and "ping" before finally establishing an SSH connection. No password was needed due to the use of SSH keys; the user buck was also a sudoer, granting the bot full access to the system. Shlegeris's AI agent, once it was able to establish a secure shell connection to the Linux desktop, then decided to play sysadmin and install a series of updates using the package manager Apt. Then things went off the rails.

"It looked around at the system info, decided to upgrade a bunch of stuff including the Linux kernel, got impatient with Apt and so investigated why it was taking so long, then eventually the update succeeded but the machine doesn't have the new kernel so edited my Grub [bootloader] config," Buck explained in his post. "At this point I was amused enough to just let it continue. Unfortunately, the computer no longer boots." Indeed, the bot got as far as messing up the boot configuration, so that following a reboot by the agent for updates and changes to take effect, the desktop machine wouldn't successfully start.
The Courts

Judge Blocks California's New AI Law In Case Over Kamala Harris Deepfake (techcrunch.com) 128

An anonymous reader quotes a report from TechCrunch: A federal judge blocked one of California's new AI laws on Wednesday, less than two weeks after it was signed by Governor Gavin Newsom. Shortly after signing AB 2839, Newsom suggested it could be used to force Elon Musk to take down an AI deepfake of Vice President Kamala Harris he had reposted (sparking a petty online battle between the two). However, a California judge just ruled the state can't force people to take down election deepfakes -- not yet, at least. AB 2839 targets the distributors of AI deepfakes on social media, specifically if their post resembles a political candidate and the poster knows it's a fake that may confuse voters. The law is unique because it does not go after the platforms on which AI deepfakes appear, but rather those who spread them. AB 2839 empowers California judges to order the posters of AI deepfakes to take them down or potentially face monetary penalties.

Perhaps unsurprisingly, the original poster of that AI deepfake -- an X user named Christopher Kohls -- filed a lawsuit to block California's new law as unconstitutional just a day after it was signed. Kohls' lawyer wrote in a complaint that the deepfake of Kamala Harris is satire that should be protected by the First Amendment. On Wednesday, United States district judge John Mendez sided with Kohls. Mendez ordered a preliminary injunction to temporarily block California's attorney general from enforcing the new law against Kohls or anyone else, with the exception of audio messages that fall under AB 2839. [...] In essence, he ruled the law is simply too broad as written and could result in serious overstepping by state authorities into what speech is permitted or not.

Social Networks

Social Media Sanctions Hit Conservatives More, But Due to Content Sharing, Study Says (nature.com) 217

A study published in Nature has found that conservative social media users were more likely to face sanctions, but attributes this to their higher propensity to share low-quality news rather than political bias. Researchers analyzed 9,000 Twitter users during the 2020 U.S. election, finding pro-Trump users were 4.4 times more likely to be suspended than pro-Biden users.

However, they also shared significantly more links from sites rated as untrustworthy by both politically balanced groups and Republican-only panels. Similar patterns were observed across multiple datasets spanning 16 countries from 2016 to 2023. The study concludes that asymmetric enforcement can result from neutral policies when behavior differs between groups.
The Courts

NSO Should Lose Spyware Case for Discovery Violations, Meta Says (bloomberglaw.com) 10

WhatsApp and its parent Meta asked a judge to award them a total win against spyware maker NSO Group as punishment for discovery violations in a years-long case accusing the Israeli company of violating anti-hacking laws. From a report: NSO Group violated the Federal Rules of Civil Procedure, repeatedly ignoring the court's orders and its discovery obligations, according to a motion for sanctions filed Wednesday in the US District Court for the Northern District of California. "NSO's discovery violations were willful, and unfairly skew the record on virtually every key issue in the case, from the merits, to jurisdiction, to damages, making a full and fair trial on the facts impossible," they said. Judge Phyllis J. Hamilton should award the companies judgment as a matter of law or, "if the court finds that the limited discovery produced in this case does not suffice," enter default judgment against NSO, WhatsApp and Meta wrote.

The social media platforms first filed their complaint in October 2019, accusing NSO of using WhatsApp to install NSO spyware on the phones of about 1,400 WhatsApp users.
The move follows Apple asking a court last month to dismiss its three-year-old hacking lawsuit against spyware pioneer NSO Group, arguing that it might never be able to get the most critical files about NSO's Pegasus surveillance tool and that its own disclosures could aid NSO and its increasing number of rivals.
Security

Attackers Exploit Critical Zimbra Vulnerability Using CC'd Email Addresses (arstechnica.com) 6

An anonymous reader quotes a report from Ars Technica: Attackers are actively exploiting a critical vulnerability in mail servers sold by Zimbra in an attempt to remotely execute malicious commands that install a backdoor, researchers warn. The vulnerability, tracked as CVE-2024-45519, resides in the Zimbra email and collaboration server used by medium and large organizations. When an admin manually changes default settings to enable the postjournal service, attackers can execute commands by sending maliciously formed emails to an address hosted on the server. Zimbra recently patched the vulnerability. All Zimbra users should install it or, at a minimum, ensure that postjournal is disabled.

On Tuesday, Security researcher Ivan Kwiatkowski first reported the in-the-wild attacks, which he described as "mass exploitation." He said the malicious emails were sent by the IP address 79.124.49[.]86 and, when successful, attempted to run a file hosted there using the tool known as curl. Researchers from security firm Proofpoint took to social media later that day to confirm the report. On Wednesday, security researchers provided additional details that suggested the damage from ongoing exploitation was likely to be contained. As already noted, they said, a default setting must be changed, likely lowering the number of servers that are vulnerable. [...]

Proofpoint has explained that some of the malicious emails used multiple email addresses that, when pasted into the CC field, attempted to install a webshell-based backdoor on vulnerable Zimbra servers. The full cc list was wrapped as a single string and encoded using the base64 algorithm. When combined and converted back into plaintext, they created a webshell at the path: /jetty/webapps/zimbraAdmin/public/jsp/zimbraConfig.jsp. Proofpoint went on to say: "Once installed, the webshell listens for inbound connection with a pre-determined JSESSIONID Cookie field; if present, the webshell will then parse the JACTION cookie for base64 commands. The webshell has support for command execution via exec or download and execute a file over a socket connection."

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."

Crime

Police Arrest Four Suspects Linked To LockBit Ransomware Gang (bleepingcomputer.com) 10

Law enforcement from 12 countries arrested four individuals linked to the LockBit ransomware gang, including a developer and a bulletproof hosting administrator. The operation also resulted in the seizure of LockBit infrastructure and involved sanctions targeting affiliates of both LockBit and Evil Corp. BleepingComputer reports: According to Europol, a suspected LockBit ransomware developer was arrested in August 2024 at the request of French authorities while on holiday outside of Russia. The same month, the U.K.'s National Crime Agency (NCA) arrested two more individuals linked to LockBit activity: one believed to be associated with a LockBit affiliate, while the second was apprehended on suspicion of money laundering. In a separate action, at Madrid airport, Spain's Guardia Civil arrested the administrator of a bulletproof hosting service used to shield LockBit's infrastructure. Today, Australia, the United Kingdom, and the United States also revealed sanctions against an individual the UK NCA believes is a prolific LockBit ransomware affiliate linked to Evil Corp.

The United Kingdom sanctioned 15 more Russian nationals involved in Evil Corp's criminal activities, while the United States sanctioned six individuals and Australia targeted two. "These actions follow the massive disruption of LockBit infrastructure in February 2024, as well as the large series of sanctions and operational actions that took place against LockBit administrators in May and subsequent months," Europol said.

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.
The Almighty Buck

Bank of America Is Down: Users Report Their Accounts Showing Empty Balance (independent.co.uk) 33

schwit1 shares a report from The Independent: Thousands of Bank of America customers reported trouble accessing their bank accounts Wednesday afternoon as the financial institution faced a widespread outage. On social media, customers said they could not view their account balances. Those who could view their accounts said they were met with an alarming $0 balance. For many, a "Connection Error" message popped up while trying to log into the banking app. The message said it was "unable to complete your request" and asked the user to "try again later."

By 1:15 p.m. Eastern Time, nearly 20,000 customers said they were having trouble, according to Downdetector, which reports web outages. That number dropped before rising again around 2:45 p.m. ET. It is unclear what caused the outage

Music

Hidden 'BopSpotter' Microphone Is Constantly Surveilling San Francisco For Good (404media.co) 44

An anonymous reader quotes a report from 404 Media: Somewhere over the streets of San Francisco's Mission, a microphone sits surveilling ... for banger songs. Bop Spotter is a project by technologist Riley Walz in which he has hidden an Android phone in a box on a pole, rigged it to be solar powered, and has set it to record audio and periodically sends it to Shazam's API to determine which songs people are playing in public. Walz describes it as ShotSpotter, but for music. "This is culture surveillance. No one notices, no one consents. But it's not about catching criminals," Walz's website reads. "It's about catching vibes. A constant feed of what's popping off in real-time."

ShotSpotter, of course, is the microphone-based, "gunshot detection" surveillance company that cities around the country have spent millions of dollars on. ShotSpotter is often inaccurate, and sometimes detects things like fireworks or a car backfiring as gunshots. Chicago, one of ShotSpotter's biggest clients, is finally allowing its contract with the company to end. Bop Spotter, on the other hand, is designed to figure out what cool music people are blasting from their cars or as they walk down the street. "I am a chronic Shazam-er. Most songs I listen to come from first hearing them at a party, store, or on the street," Walz told 404 Media. "Years ago I had the thought that it'd be cool to Shazam 24/7 from a fixed location, and I recently learned about ShotSpotter, and thought it'd be amusing to do what they do with music instead of gunshots. Was a great weekend project."

Walz said that the phone itself is rigged to a solar panel, and that it records audio in 10-minute blocks while in airplane mode. "Then it connects to WiFi to send the file to my server, which then split it into 20-second chunks that get passed to Shazam's API. The device doesn't Shazam directly, that would use way too much power. Probably $100 of parts," he said. BopSpotter's website has a constant feed of songs it hears, as well as links to play the songs in Spotify or Apple Music. As I'm writing this, BopSpotter has picked up "Not Like Us" by Kendrick Lamar, "The Next Episode" by Dr. Dre, and "Never Gonna Give You Up" by Rick Astley (a Rick Roll already?) among dozens of songs in the last few hours. The site also has a constant feed of the device's power levels. So far in three days, it has detected 380 songs.
"I thought the solar panel would be annoying but it provides 4 times more power than the phone needs," Walz said. "The hardest part was scoping out which pole to actually put it up on. I had to balance finding a busy location where lots of music could be picked up, with enough sunlight, and good connection to a public wifi network."

Walz didn't say where exactly the phone is located.
Transportation

Google Flights Now Uses Amtrak Data To Show 'Trains To Consider' Alongside Flights (9to5google.com) 152

Google Flights is offering train routes as an alternative to airlines, thanks to a new partnership with Amtrak. 9to5Google reports: In the US, this option surfaces routes and pricing directly provided by Amtrak, as the rail service announced recently: "Amtrak and Google have joined forces to help travelers choose more sustainable transportation options when searching for intercity travel. Thanks to a newly launched, direct data integration, travelers using Google can now view the most up-to-date Amtrak departure times, trip durations and fares directly on the Google Search results page. Amtrak's new integration with Google also means that once customers select a train, they can click through to Amtrak.com to complete the booking for their chosen itinerary without needing to re-enter their trip details."

Amtrak says that choosing a train route over a flight can cut a customer's carbon footprint by up to 72%. Of course, train routes in the US often take considerably longer than flights, but this new option should make it far easier to make the comparison.

Privacy

Crooks Made Millions By Breaking Into Execs' Office365 Inboxes, Feds Say (arstechnica.com) 55

An anonymous reader quotes a report from Ars Technica: Federal prosecutors have charged a man for an alleged "hack-to-trade" scheme that earned him millions of dollars by breaking into the Office365 accounts of executives at publicly traded companies and obtaining quarterly financial reports before they were released publicly. The action, taken by the office of the US Attorney for the district of New Jersey, accuses UK national Robert B. Westbrook of earning roughly $3.75 million in 2019 and 2020 from stock trades that capitalized on the illicitly obtained information. After accessing it, prosecutors said, he executed stock trades. The advance notice allowed him to act and profit on the information before the general public could. The US Securities and Exchange Commission filed a separate civil suit against Westbrook seeking an order that he pay civil penalties and return all ill-gotten gains. [...]

By obtaining material information, Westbrook was able to predict how a company's stock would perform once it became public. When results were likely to drive down stock prices, he would place "put" options, which give the purchaser the right to sell shares at a specific price within a specified span of time. The practice allowed Westbrook to profit when shares fell after financial results became public. When positive results were likely to send stock prices higher, Westbrook allegedly bought shares while they were still low and later sold them for a higher price. The prosecutors charged Westbrook with one count each of securities fraud and wire fraud and five counts of computer fraud. The securities fraud count carries a maximum penalty of up to 20 years' prison time and $5 million in fines The wire fraud count carries a maximum penalty of up to 20 years in prison and a fine of either $250,000 or twice the gain or loss from the offense, whichever is greatest. Each computer fraud count carries a maximum five years in prison and a maximum fine of either $250,000 or twice the gain or loss from the offense, whichever is greatest.
"The SEC is engaged in ongoing efforts to protect markets and investors from the consequences of cyber fraud," Jorge G. Tenreiro, acting chief of the SEC's Crypto Assets and Cyber Unit, said in a statement. "As this case demonstrates, even though Westbrook took multiple steps to conceal his identity -- including using anonymous email accounts, VPN services, and utilizing bitcoin -- the Commission's advanced data analytics, crypto asset tracing, and technology can uncover fraud even in cases involving sophisticated international hacking."

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