Google

Former Google Employee Files Lawsuit Alleging the Company Fired Him Over Pro-Diversity Posts (theverge.com) 273

According to court documents filed today, a former Google engineer is suing the company for discrimination, harassment, retaliation, and wrongful termination. "Tim Chevalier, a software developer and former site-reliability engineer at Google, claims that Google fired him when he responded with internal posts and memes to racist and sexist encounters within the company and the general response to the now-infamous James Damore memo," reports The Verge. From the report: Chevalier said in a statement to The Verge, "It is a cruel irony that Google attempted to justify firing me by claiming that my social networking posts showed bias against my harassers." Chevalier, who is also disabled and transgender, alleges that his internal posts that defended women of color and marginalized people led directly to his termination in November 2017. He had worked at Google for a little under two years. Notably, Chevalier's posts had been quoted in Damore's lawsuit against Google -- in which Damore sued the company for discrimination against conservative white men -- as evidence Google permitted liberals to speak out at the company unpunished. Chevalier's lawsuit alleges that his firing is, in fact, a form of punishment. The lawsuit was filed in San Francisco County Superior Court and Chevalier is seeking damages for lost wages, emotional distress, punitive damages, and injunctive relief against those alleged harmful acts. Google did not immediately respond to a request for comment.
Transportation

New Lawsuit Accuses Tesla of Knowingly Selling Defective Vehicles (theverge.com) 58

A new lawsuit from a former Tesla employee claims the company knowingly sold defective cars, and that the employee was demoted and eventually fired after reporting the practice to his superiors. The lawsuit was filed in late January in New Jersey Superior Court under the Conscientious Employee Protection Act (CEPA). The Verge reports: The former employee, Adam Williams, worked for Tesla as a regional manager in New Jersey dating back to late 2011. While there, he says he watched the company fail "to disclose to consumers high-dollar, pre-delivery damage repairs" before delivering its vehicles, according to the complaint. Instead, he says the company sold these cars as "used," or labeled as "demo/loaner" vehicles. "There's no merit to this lawsuit. Mr. Williams' description of how Tesla sells used or loaner vehicles is totally false and not how we do things at Tesla," a representative for the company said in response to the lawsuit. "It's also at odds with the fact that we rank highest in customer satisfaction of any car brand, with more owners saying they'd buy a Tesla again than any other manufacturer. Mr. Williams was terminated at Tesla for performance reasons, not for any other reason." The lawyer for the plaintiff could not be reached in time for publish.

Williams says in the court filing that he reported this behavior in late 2016 and early 2017 to his supervisor, as well as Lenny Peake, Tesla's East Coast Regional Manager, and Jerome Guillen, a company vice president. Shortly after that, he claims, he was demoted to service manager of the Springfield, New Jersey Tesla store. He then says he was demoted again later in the year to a "mobile manager" position and was ultimately fired in September 2017. In the lawsuit, Williams argues that he was terminated for reporting the alleged lawbreaking practices, and he should therefore be covered by CEPA's whistleblower protection.

Security

Lawsuits Threaten Infosec Research -- Just When We Need it Most (zdnet.com) 51

This year, two security reporters and one researcher will fight for their professional lives in court. Steve Ragan, senior staff writer at tech news site CSO, and Dan Goodin, security editor at Ars Technica, were last year named defendants in two separate lawsuits. The cases are different, but they have a common theme: they are being sued by the companies covered in articles they wrote. From a report: Although lawsuits targeting reporters, particularly on the security beat, are rare, legal threats are an occupational hazard that reporters are all too aware of -- from companies threatening to call an editor to demand a correction -- or else -- to a full-blown lawsuit. But the inevitable aftermath is a "chilling effect." White-hat hackers and security researchers hesitate to report vulnerabilities and weaknesses to technology firms for fear of facing legal retribution. With nation state attackers targeting elections and critical national security infrastructure on a near-daily basis, security research is needed more than ever.
Communications

Judge Rules AT&T Can't See Trump White House Communications About Time Warner Merger 84

The judge presiding over the Justice Department's attempt to block the AT&T-Time Warner merger has ruled that the White House's private communications on the merger will not be released. The Verge reports: When the department said in November that it would sue to block the mega-merger, thoughts immediately turned to the White House. President Trump has made no secret of his disdain for CNN, and some watchers questioned whether the White House's hand was present, guiding the Justice Department as a way to exact revenge on the Time Warner-owned property. The Justice Department has denied any wrongdoing, and said it is only looking to block the merger on the grounds that it is anti-competitive. But to prove the theory, AT&T and Time Warner requested communications between the Justice Department and White House that could have shown the department was engaging in "selective enforcement." In today's decision, the judge on the case said the companies had fallen "far short" of the legal bar required to receive the documents.
The Courts

Man, Seeking New Copy of Windows 7 After Forced Windows 10 Upgrade, Sues Microsoft (bleepingcomputer.com) 355

Catalin Cimpanu, writing for BleepingComputer: An Albuquerque man has sued Microsoft and its CEO -- Satya Nadella -- seeking a fresh copy of Windows 7 or $600 million in damages. According to a civil complaint filed last week on February 14, Frank K. Dickman Jr. of Albuquerque, New Mexico, is suing Microsoft because of a botched forced Windows 10 upgrade. "I own a ASUS 54L laptop computer which has an OEM license for Windows Version 7," Dickman's claim reads. "The computer was upgraded to Windows Version 10 and became non-functional immediately. The upgrade deleted the cached, or backup, version of Windows 7." Dickman says that the laptop's original OEM vendor is "untrustworthy," hence, he cannot obtain a legitimate copy of Windows 7 to downgrade his laptop.
IBM

IBM Sues Microsoft's New Chief Diversity Officer To Protect Diversity Trade Secrets (geekwire.com) 197

theodp writes: GeekWire reports that IBM has filed suit against longtime exec Lindsay-Rae McIntyre, alleging that her new position as Microsoft's chief diversity officer violates a year-long non-compete agreement, allowing Microsoft to use IBM's internal secrets to boost its own diversity efforts. A hearing is set for Feb. 22, but in the meantime, a U.S. District Judge has temporarily barred McIntyre from working at Microsoft. "IBM has gone to great lengths to safeguard as secret the confidential information that McIntyre possesses," Big Blue explained in a court filing, citing its repeated success (in 2012, 2013, 2015, 2016, 2017) in getting the U.S. government to quash FOIA requests for IBM's EEO-1 Reports on the grounds that the mandatory race/ethnicity and gender filings represent "confidential proprietary trade secret information." IBM's argument may raise some eyebrows, considering that other tech giants -- including Google, Microsoft, Apple, and Facebook -- voluntarily disclosed their EEO-1s years ago after coming under pressure from Rev. Jesse Jackson and the Congressional Black Caucus. In 2010, IBM stopped disclosing U.S. headcount data in its annual report as it accelerated overseas hiring.
The Courts

Judge Won't Let FCC's Net Neutrality Repeal Stop Lawsuit Alleging Charter Throttled Netflix (hollywoodreporter.com) 33

An anonymous reader quotes a report from The Hollywood Reporter: [I]n the first significant decision referring to the repeal [of net neutrality] since FCC chairman Ajit Pai got his way, a New York judge on Friday ruled that the rescinding of net neutrality rules wasn't relevant to an ongoing lawsuit against Charter Communications. New York Attorney General Eric Schneiderman filed the lawsuit almost exactly a year ago today. It's alleged that Charter's Spectrum-TWC service promised internet speeds it knew it couldn't deliver and that Spectrum-TWC also misled subscribers by promising reliable access to Netflix, online content and online games. According to the complaint, the ISP intentionally failed to deliver reliable service in a bid to extract fees from backbone and content providers. When Netflix wouldn't pay, this "resulted in subscribers getting poorer quality streams during the very hours when they were most likely to access Netflix," and after Netflix agreed to pay demands, service "improved dramatically." This arguably is the kind of thing that net neutrality was supposed to prevent. And Charter itself pointed to the net neutrality repeal in a bid to block Schneiderman's claims that Charter had engaged in false advertising and deceptive business practices. New York Supreme Court Justice O. Peter Sherwood isn't sold.

He writes in an opinion that the FCC's order "which promulgates a new deregulatory policy effectively undoing network neutrality, includes no language purporting to create, extend or modify the preemptive reach of the Transparency Rule," referring to how ISPs have to disclose "actual network performance." And although Charter attempted to argue that the FCC clarified its intent to stop state and local governments from imposing disclosure obligations on broadband providers that were inconsistent with FCC's rules, Sherwood notes other language from the "Restoring Internet Freedom Order" how states will "continue to play their vital role in protecting consumers from fraud, enforcing fair business practices... and generally responding to consumer inquiries and complaints."

Government

Facebook Must Stop Tracking Belgian Users, Court Rules (mercurynews.com) 83

Facebook must stop tracking Belgian users' surfing outside the social network and delete data it's already gathered, or it will face fines of 250,000 ($312,000) euros a day, a Belgian court ruled. From a report: Facebook "doesn't sufficiently inform" clients about the data it gathers on their broader web use, nor does it explain what it does with the information or say how long it stores it, the Brussels Court of First Instance said in a statement. The social network is coming under increasing fire in Europe, with a high-profile German antitrust probe examining whether it unfairly compels users to sign up to restrictive privacy terms. Belgium's data-protection regulators have targeted the company since at least 2015 when a court ordered it to stop storing non-users' personal data.
Intel

Intel Hit With More Than 30 Lawsuits Over Security Flaws (reuters.com) 99

Intel said on Friday shareholders and customers had filed 32 class action lawsuits against the company in connection with recently-disclosed security flaws in its microchips. From a report: Most of the lawsuits -- 30 -- are customer class action cases that claim that users were harmed by Intel's "actions and/or omissions" related to the flaws, which could allow hackers to steal data from computers. Intel said in a regulatory filing it was not able to estimate the potential losses that may arise out of the lawsuits. Security researchers at the start of January publicized two flaws, dubbed Spectre and Meltdown, that affected nearly every modern computing device containing chips from Intel, Advanced Micro Devices and ARM.
Twitter

Federal Judge Says Embedding a Tweet Can Be Copyright Infringement (eff.org) 149

An anonymous reader quotes a report from the Electronic Frontier Foundation: Rejecting years of settled precedent, a federal court in New York has ruled [PDF] that you could infringe copyright simply by embedding a tweet in a web page. Even worse, the logic of the ruling applies to all in-line linking, not just embedding tweets. If adopted by other courts, this legally and technically misguided decision would threaten millions of ordinary Internet users with infringement liability.

This case began when Justin Goldman accused online publications, including Breitbart, Time, Yahoo, Vox Media, and the Boston Globe, of copyright infringement for publishing articles that linked to a photo of NFL star Tom Brady. Goldman took the photo, someone else tweeted it, and the news organizations embedded a link to the tweet in their coverage (the photo was newsworthy because it showed Brady in the Hamptons while the Celtics were trying to recruit Kevin Durant). Goldman said those stories infringe his copyright.
"[W]hen defendants caused the embedded Tweets to appear on their websites, their actions violated plaintiff's exclusive display right; the fact that the image was hosted on a server owned and operated by an unrelated third party (Twitter) does not shield them from this result," Judge Katherine Forrest said.
Crime

Electronics-Recycling Innovator Faces Prison For Extending Computers' Lives 287

schwit1 shares a report from Los Angeles Times: Prosecutors said 33-year-old [Eric Lundgren, an electronic-waste recycling innovator] ripped off Microsoft by manufacturing 28,000 counterfeit discs with the company's Windows operating system on them. He was convicted of conspiracy and copyright infringement, which brought a 15-month prison sentence and a $50,000 fine. In a rare move though, a federal appeals court has granted an emergency stay of the sentence, giving Lundgren another chance to make his argument that the whole thing was a misunderstanding. Lundgren does not deny that he made the discs or that he hoped to sell them. But he says this was no profit-making scheme. By his account, he just wanted to make it easier to extend the usefulness of secondhand computers -- keeping more of them out of the trash.

The case centers on "restore discs," which can be used only on computers that already have the licensed Windows software and can be downloaded free from the computer's manufacturer, in this case Dell. The discs are routinely provided to buyers of new computers to enable them to reinstall their operating systems if the computers' hardware fails or must be wiped clean. But they often are lost by the time used computers find their way to a refurbisher. Lundgren said he thought electronics companies wanted the reuse of computers to be difficult so that people would buy new ones. He thought that producing and selling restore discs to computer refurbishers -- saving them the hassle of downloading the software and burning new discs -- would encourage more secondhand sales. In his view, the new owners were entitled to the software, and this just made it easier. The government, and Microsoft, did not see it that way. Federal prosecutors in Florida obtained a 21-count indictment against Lundgren and his business partner, and Microsoft filed a letter seeking $420,000 in restitution for lost sales. Lundgren claims that the assistant U.S. attorney on the case told him, "Microsoft wants your head on a platter and I'm going to give it to them."
Media

FCC Chairman Ajit Pai Is Under Investigation Over $3.9 Billion Media Deal 145

According to a report in The New York Times (Warning: source may be paywalled), Ajit Pai and the FCC approved a set of rules in 2017 to allow television broadcasters to increase the number of stations they own. Weeks after the rules were approved, Sinclair Broadcasting announced a $3.9 billion deal to buy Tribune Media. PC Gamer reports: The deal was made possible by the new set of rules, which subsequently raised some eyebrows. Notably, the FCC's inspector general is reportedly investigating if Pai and his aides abused their position by pushing for the rule changes that would make the deal possible, and timing them to benefit Sinclair. The extent of the investigation is not clear, nor is how long it will take. However, it does bring up the question of whether Pai had coordinated with Sinclair, and it could force him to publicly address the topic, which he hasn't really done up to this point.

Legislators first pushed for an investigation into this matter last November. At the time, a spokesman for the FCC representing Pai called the allegations "baseless" and alluded to it being a partisan play by those who oppose the chairman. "For many years, Chairman Pai has called on the FCC to update its media ownership regulations," the FCC spokesman said. "The chairman is sticking to his long-held views, and given the strong case for modernizing these rules, it's not surprising that those who disagree with him would prefer to do whatever they can to distract from the merits of his proposals."
Electronic Frontier Foundation

EFF Urges US Copyright Office To Reject Proactive 'Piracy' Filters (torrentfreak.com) 55

TorrentFreak: As entertainment companies and Internet services spar over the boundaries of copyright law, the EFF is urging the US Copyright Office to keep "copyright's safe harbors safe." In a petition just filed with the office, the EFF warns that innovation will be stymied if Congress goes ahead with a plan to introduce proactive 'piracy' filters at the expense of the DMCA's current safe harbor provisions. [...] "Major media and entertainment companies and their surrogates want Congress to replace today's DMCA with a new law that would require websites and Internet services to use automated filtering to enforce copyrights. "Systems like these, no matter how sophisticated, cannot accurately determine the copyright status of a work, nor whether a use is licensed, a fair use, or otherwise non-infringing. Simply put, automated filters censor lawful and important speech," the EFF warns.
Piracy

Tickbox Must Remove Pirate Streaming Add-ons From Sold Devices (torrentfreak.com) 70

TickBox TV, the company behind a Kodi-powered streaming device, must release a new software updater that will remove copyright-infringing addons from previously shipped devices. A California federal court issued an updated injunction in the lawsuit that was filed by several major Hollywood studios, Amazon, and Netflix, which will stay in place while both parties fight out their legal battle. TorrentFreak reports: Last year, the Alliance for Creativity and Entertainment (ACE), an anti-piracy partnership between Hollywood studios, Netflix, Amazon, and more than two dozen other companies, filed a lawsuit against the Georgia-based company Tickbox TV, which sells Kodi-powered set-top boxes that stream a variety of popular media. ACE sees these devices as nothing more than pirate tools so the coalition asked the court for an injunction to prevent Tickbox from facilitating copyright infringement, demanding that it removes all pirate add-ons from previously sold devices. Last month, a California federal court issued an initial injunction, ordering Tickbox to keep pirate addons out of its box and halt all piracy-inducing advertisements going forward. In addition, the court directed both parties to come up with a proper solution for devices that were already sold.

The new injunction prevents Tickbox from linking to any "build," "theme," "app," or "addon" that can be indirectly used to transmit copyright-infringing material. Web browsers such as Internet Explorer, Google Chrome, Safari, and Firefox are specifically excluded. In addition, Tickbox must also release a new software updater that will remove any infringing software from previously sold devices. All tiles that link to copyright-infringing software from the box's home screen also have to be stripped. Going forward, only tiles to the Google Play Store or to Kodi within the Google Play Store are allowed. In addition, the agreement also allows ACE to report newly discovered infringing apps or addons to Tickbox, which the company will then have to remove within 24-hours, weekends excluded.

Government

Kaspersky Lab Sues Over Second Federal Ban (axios.com) 97

Cybersecurity firm Kaspersky Lab has filed a lawsuit targeting the second of two federal bans on its wares. The latest suit goes after language in a defense law explicitly blocking the purchase of Kaspersky products. An earlier suit targets a Homeland Security directive doing the same. From a report: The bigger picture: With the White House reluctant to institute additional sanctions on Russia, White House Cyber Czar Rob Joyce pointed to Kaspersky as an example of the Trump administration taking Russia seriously. While Kaspersky isn't alleged to be involved in the election hacks of 2016, it's hard not to see the actions against the firm in the context of deteriorated relations with Moscow, as part of a growing spat between the two countries.
The Courts

Comcast Sues Vermont Over Conditions On New License Requiring the Company To Expand Its Network (vtdigger.org) 180

An anonymous reader quotes a report from VTDigger: Cable television giant Comcast is suing the Vermont Public Utility Commission over the panel's decision to require the company to expand its network and step up support for community access TV if it wants to continue doing business in Vermont. A key issue is the services Comcast must provide to local community access systems that carry municipal government and school board meetings and other local events. The 26 community access systems have been pushing -- against resistance by Comcast -- for high-definition video, greater ability to operate from remote locations, and inclusion in the interactive program guides that Comcast customers can use to decide what to watch. The PUC -- formerly known as the Public Service Board -- in January issued a new 11-year permit for Comcast to operate in Vermont. In July the panel rejected the company's request to drop some of the conditions attached to the permit.

In a lawsuit filed Monday in U.S. District Court in Burlington, Comcast argued that the PUC "exceeded its authority under federal and Vermont law" by imposing "numerous conditions on Comcast's continued cable operations in the state that are arbitrary, unprecedented and will ultimately harm local cable subscribers by resulting in millions of dollars in increased cable costs." It said the commission "did so despite overwhelming record evidence that Vermont cable subscribers do not want to incur any additional costs or fees for the kinds of conditions imposed" in the commission's January order.

Privacy

German Court Rules Facebook Use of Personal Data Illegal (reuters.com) 79

A German consumer rights group said on Monday that a court had found Facebook's use of personal data to be illegal because the U.S. social media platform did not adequately secure the informed consent of its users. From a report: The verdict, from a Berlin regional court, comes as Big Tech faces increasing scrutiny in Germany over its handling of sensitive personal data that enables it to micro-target online advertising. The Federation of German Consumer Organisations (vzvb) said that Facebook's default settings and some of its terms of service were in breach of consumer law, and that the court had found parts of the consent to data usage to be invalid. "Facebook hides default settings that are not privacy-friendly in its privacy center and does not provide sufficient information about it when users register," said Heiko Duenkel, litigation policy officer at the vzvb. "This does not meet the requirement for informed consent."
Businesses

Hackers Hijack Government Websites To Mine Crypto-Cash (bbc.com) 48

BBC reports: The Information Commissioner's Office (ICO) took down its website after a warning that hackers were taking control of visitors' computers to mine cryptocurrency. Security researcher Scott Helme said more than 4,000 websites, including many government ones, were affected. He said the affected code had now been disabled and visitors were no longer at risk. The ICO said: "We are aware of the issue and are working to resolve it." Mr Helme said he was alerted by a friend who had received a malware warning when he visited the ICO website. He traced the problem to a website plug-in called Browsealoud, used to help blind and partially sighted people access the web. The cryptocurrency involved was Monero -- a rival to Bitcoin that is designed to make transactions in it "untraceable" back to the senders and recipients involved. The plug-in had been tampered with to add a program, Coinhive, which "mines" for Monero by running processor-intensive calculations on visitors' computers. The Register: A list of 4,200-plus affected websites can be found here: they include The City University of New York (cuny.edu), Uncle Sam's court information portal (uscourts.gov), Lund University (lu.se), the UK's Student Loans Company (slc.co.uk), privacy watchdog The Information Commissioner's Office (ico.org.uk) and the Financial Ombudsman Service (financial-ombudsman.org.uk), plus a shedload of other .gov.uk and .gov.au sites, UK NHS services, and other organizations across the globe.
Facebook

Facebook 'Likes' Are a Powerful Tool For Authoritarian Rulers, Court Petition Says (qz.com) 63

A Cambodian opposition leader has filed a petition in a California court against Facebook, demanding the company disclose its transactions with his country's authoritarian prime minister, whom he accuses of falsely inflating his popularity through purchased "likes" and spreading fake news. From a report: The petition, filed Feb. 8, brings the ongoing debate over Facebook's power to undermine democracies into a legal setting. The petitioner, Sam Rainsy, says that Hun Sen, the prime minister, "has used the network to threaten violence against political opponents and dissidents, disseminate false information, and manipulate his (and the regime's) supposed popularity, thus seeking to foster an illusion of popular legitimacy." Rainsy alleges that Hun had used "click farms" to artificially boost his popularity, effectively buying "likes." The petition says that Hun had achieved astonishing Facebook fame in a very short time, raising questions about whether this popularity was legitimate.
The Courts

Maine Dairy Company Settles Lawsuit Over Oxford Comma (bostonmagazine.com) 168

Daniel Victor reports via The New York Times: Ending a case that electrified punctuation pedants, grammar goons and comma connoisseurs, Oakhurst Dairy settled an overtime dispute with its drivers that hinged entirely on the lack of an Oxford comma in state law. The dairy company in Portland, Me., agreed to pay $5 million to the drivers (Warning: source may be paywalled; alternative source), according to court documents filed on Thursday. The relatively small-scale dispute gained international notoriety last year when the United States Court of Appeals for the First Circuit ruled that the missing comma created enough uncertainty to side with the drivers, granting those who love the Oxford comma a chance to run a victory lap across the internet. But the resolution means there will be no ruling from the land's highest courts on whether the Oxford comma -- the often-skipped second comma in a series like "A, B, and C" -- is an unnecessary nuisance or a sacred defender of clarity, as its fans and detractors endlessly debate.

The case began in 2014, when three truck drivers sued the dairy for what they said was four years' worth of overtime pay they had been denied. Maine law requires time-and-a-half pay for each hour worked after 40 hours, but it carved out exemptions for: The canning, processing, preserving, freezing, drying, marketing, storing, packing for shipment or distribution of: agricultural produce; meat and fish products; and perishable foods. What followed the last comma in the first sentence was the crux of the matter: "packing for shipment or distribution of." The court ruled that it was not clear whether the law exempted the distribution of the three categories that followed, or if it exempted packing for the shipment or distribution of them. Had there been a comma after "shipment," the meaning would have been clear.

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