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Texas judge says warrantless cellphone tracking violates Fourth Amendment, saga continues
Rev up the bureaucratic turbines, because a judge in Texas has determined that warrantless cellphone tracking is indeed unconstitutional. In a brief decision issued earlier this month, US District Judge Lynn N. Hughes of the Southern District of Texas argued that seizing cellphone records without a search warrant constitutes a violation of the Fourth Amendment. "The records would show the date, time, called number, and location of the telephone when the call was made," Judge Hughes wrote in the ruling, linked below. "These data are constitutionally protected from this intrusion." The decision comes in response to an earlier ruling issued last year by Magistrate Judge Stephen Smith, also of the Southern District of Texas. In that case, Judge Smith argued against unwarranted wiretapping on similarly constitutional grounds, pointing out that with today's tracking technology, every aspect of a suspect's life could be "imperceptibly captured, compiled, and retrieved from a digital dossier somewhere in a computer cloud." The federal government appealed Judge Smith's ruling on the grounds that the Fourth Amendment would not apply to cellphone tracking, because "a customer has no privacy interest in business records held by a cell phone provider, as they are not the customer's private papers." Judge Hughes' decision, however, effectively overrules this appeal. "When the government requests records from cellular services, data disclosing the location of the telephone at the time of particular calls may be acquired only by a warrant issued on probable cause," Judge Hughes wrote. "The standard under [today's law] is below that required by the Constitution." The law in question, of course, is the Stored Communications Act -- a law bundled under the Electronic Communications Privacy Act of 1986, which allows investigators to obtain electronic records without a warrant. This month's decision implicitly calls for this law to be reconsidered or revised, though it's certainly not the only ruling to challenge it, and it likely won't be the last, either.
Google drops cloud computing lawsuit against US Department of the Interior
Last year, Google filed a lawsuit against the US Department of the Interior, on allegations that the government unfairly awarded a $59 million cloud computing contract to Microsoft without conducting a sufficiently competitive auction. Big G won an injunction against the department in January, effectively putting the contract on hold, and it looked as if the company would prevail, with Judge Susan Braden recently declaring that there was a "justifiable basis" for dispute. Last week, however, Google decided to drop the suit altogether, after filing a motion in the US Court of Federal Claims. "Based on the defendant's agreement to update its market research and then conduct a procurement in a manner that will not preclude plaintiffs from fairly competing, plaintiffs respectfully move for dismissal of this action without prejudice," the company's attorney wrote in the motion, filed on Thursday. Federal lawyers, however, responded by claiming that the two sides have not reached an agreement, while confirming that it had no problem with Google's decision to cease litigation. It remains to be seen whether the two sides have truly reached an agreement, or whether the litigation may wear on, but we'll keep you abreast of any future developments.
Samsung countersues Apple in Australia, claims iPhone / iPad 2 violate its patents
Man. Exciting stuff, here. Stuff like lawyers yelling at each other in varied continents because "your stuff looks too much like my theoretical stuff." The long, winding and increasingly mind-numbing battle between Samsung and Apple has taken yet another turn in Australia, with the former slapping the latter with a bold countersuit. According to The Wall Street Journal, Sammy feels that the iPhone and iPad 2 both "violate a number of wireless technology patents held by Samsung." Spokesman Nam Ki-yung stated the following: "To defend our intellectual property, Samsung filed a cross claim for Apple's violation of Samsung's wireless technology patents." The suit is being filed just days / weeks before a ruling will decide on whether the Galaxy Tab 10.1 can be legally sold Down Under, and in related news, Samsung is also appealing a recent ruling back in Germany. If ever the world needed an out-of-court settlement...
Pirate Bay founders launch 'copyright respecting' BayFiles sharing site, still dream of a life on Sealand
It ain't often that the hated few have a genuine change of heart, but it sounds as if the folks who founded The Pirate Bay are tired of sailing the same seas. After years of turning a blind eye to content mavens across the globe, Fredrik Neij and co. have launched what appears to be a legitimate file-sharing site -- one that's "respectful of copyrights." For all intents and purposes, BayFiles is yet another alternative to RapidShare and MegaUpload, acting as a cyberlocker that allows anyone with a web browser to upload files to share via a unique URL. Unregistered users will be limited to a 250MB upload, while standard members get bumped to 500MB and paying 'Premium' members can share up to 5GB per link. According to the terms of service, content that "violates third-party copyrights" cannot be uploaded, and folks who routinely ignore said words could face account termination. Head on down to the source to get started, and if you fall in love, you can pony up €5 a month, €25 for six months, or €45 for 12 months to claim your membership.
ISP's agree on Copyright Alert System, plan to notify you to death for piracy infringements
Too little, too late, we're afraid. For the past decade or so, the RIAA (amongst others) have spent every waking hour figuring out how to best sue and frighten every internet-connected human that even dares think about an illegal download. Now that said practice has failed miserably, it's finally resorting to something sensible. The entity announced today that AT&T, Verizon, Comcast, Time Warner Cable and Cablevision have teamed up with the RIAA and MPAA in order to agree upon a six-stage notification system that'll electronically alert internet users whenever their account is used for wrongful downloading. It's actually not all that much different than the systems that have been in place at Suddenlink for what feels like eons, but at least this creates a standard protocol that the whole lot can adhere to. Oh, and before you ask -- under no circumstances will any of these notices result in termination of your broadband connection. There's no way an ISP would agree to such a thing, and indeed, they haven't here. The full run-down can be delved into below, but it's worth noting that no extra "watching" procedures are being put into place; your ISP will only drop you a line if a content overlord asks 'em to. Good times, no?
Google to face €295 million French lawsuit over alleged anti-competitive practices
Google's legal woes are piling up in a hurry. French search engine 1PlusV is suing El Goog over alleged anti-competitive practices, less than a week after the Federal Trade Commission opened a formal inquiry into similar accusations levied stateside. The suit, set to be filed in a Paris court this week, claims that Google uses its market dominance to bury rival search results while unfairly promoting those for its own services. According to 1PlusV, Google "black-listed" 30 of its vertical search engines between 2007 and 2010, making it difficult for the firm to compete. The company is also complaining about having to adopt Mountain View's technology in order to use AdSense and, in total, is seeking €295 million (about $418 million) in damages -- the largest damage claim Google has ever faced in Europe. 1PlusV operates the legal search group EJustice.fr and, along with Microsoft, helped spur an EU antitrust probe against Google last year. The company says its forthcoming lawsuit represents the "logical" next step in its ongoing antitrust crusade, while Google issued a brief statement, saying it "look[s] forward to explaining this."
Don't bring your computer viruses to Japan, because they're illegal now
Tired of getting swamped with spam and malware? Just pack your things and catch the next flight to Japan, where computer viruses are now considered illegal. Under the country's new legislation, anyone convicted of creating or distributing viruses could face up to three years in prison, or a maximum fine of ¥500,000 (about $6,200). It's all part of Japan's efforts to comply with the Convention on Cybercrime -- an international treaty that requires member governments to criminalize hacking, child pornography, and other terrible things. Privacy advocates, however, have already raised concerns over some stipulations that would allow investigators to seize data from PCs hooked up to allegedly criminal networks, and to retain any suspicious e-mail logs for up to 60 days. In an attempt to quell these fears, the Judicial Affairs Committee tacked a resolution on to the bill calling for police to exercise these powers only when they really, really need to.
FBI raids University of Michigan apartment over possible WoW fraud
A University of Michigan student apartment became the focus of a recent investigation by the FBI, which conducted a raid on March 30th over "potentially fraudulent sales or purchases of virtual currency that people use to advance in the popular online role-playing game World of Warcraft." While the FBI did not make any arrests, it did confiscate several items, including computers, video game equipment, and credit cards. The Bureau is checking out whether one or both of the students were involved in a fraudulent scheme to buy or sell virtual gold, and the agency is looking for online transaction records with various online banks and websites. The two students who share the apartment claim that they do not play WoW and are confident that they are innocent. One of the unnamed students commented: "They thought we were involved in some kind of fraud. I'm pretty sure they have the wrong people, but they took all my stuff."
Nintendo can remotely brick your 3DS after flash card use?
Bad news for those that plan on using a flash card with their 3DS -- if Nintendo detects that you've been dabbing with one, the company might send a firmware update that could possibly brick your system. According to GoNintendo, Japanese retailer Enterking posted a warning message on their site, suggesting that your system might be unbootable after a software update if Nintendo detects you've been using an R4. Enterking is not buying used 3DSs that have a history of using an illegal cartridge -- a transparent indication that it's not taking any chances here. We can't know for sure if Nintendo will dish out said update or how Enterking might tell -- however, Nintendo did issue this statement to Eurogamer in response to their story on the topic: "We do not discuss product security details (for obvious reasons), nor can we discuss the details of countermeasures available in the Nintendo 3DS system. Nintendo 3DS has the most up-to-date technology. The security has been designed to protect both the creative works in the software and to protect the Nintendo 3DS hardware system itself. Nintendo, like most companies, takes a palpable stance against piracy. We recommend that those fortunate enough to own a 3DS stay away from the flash cards altogether, just in case. Update: Flash cards aren't illegal to use per se -- homebrew, anyone? -- although certain countries have banned them from import and sale, and their widespread use for illegal activity makes them a dubious proposition quite often.
Former Apple employee admits he sold confidential info, cost the company in excess of $2 million
Paul Devine, the man who last August collected a pretty lengthy list of charges against his name from the FBI and IRS -- which collectively amounted to an accusation of "screwing Apple" -- has now admitted his guilt. Specifically, Devine has fessed up to wire fraud, conspiracy and money laundering, in which he engaged while exchanging confidential information about upcoming Apple products for cold hard cash from interested parts suppliers. He's now having to forfeit $2.28 million in money and property that resulted from his nefarious exploits, with sentencing scheduled for June 6th. Devine's lawyer is quoted as saying he's a "good man who made a mistake, and now he's trying to make amends." Indeed, the mistake of getting caught and the amends of trying not to go to prison. Jump past the break for a full statement on the matter from the US Department of Justice.
Record number of aircraft 'laser events' gives us one more reason to hate LA
Are you that kid aiming his father's laser pointer at people walking along city sidewalks? Yeah, well stop it -- now. What you might consider a harmless prank can have serious repercussions when aimed at the cockpit of an approaching jetliner. What seems like good fun at the time can temporarily blind a pilot attempting to land nearly a million pounds of life, metal, and fuel. According to the numbers just released by the FAA, 2010 saw a record number of reports of lasers pointed at aircraft -- "almost double" the number of reports from 2009. Of the 2,800 incidents reported nationwide, the Los Angeles area reported the most with 201 incidents, followed by Chicago (98), Phoenix (80, half of which were probably UFO related), and San Jose (80 -- nerds!). Top 20 list after the break.
Apple secrets leaked early by inside traders, arrests reveal
We don't normally cover the "business crime" beat, but there's a pretty interesting gadget angle here. As part of a larger crack down on insider trading, three technology executives and a "salesman for an 'expert network'" have been arrested for leaking confidential tips to hedge funds. What sort of secrets, you ask? A certain executive for Flextronics, Walter Shimoon, happened to pass on information concerning an iPhone update and the iPad well before they became official (Flextronics supplied Apple parts). "At Apple you can get fired for saying K48 ... outside of a, you know, outside of a meeting that doesn't have K48 people in it. That's how crazy they are about it," he said during an October 2009 phone call intercepted by authorities, where K48 was the codename for the iPad, which didn't see the light of day until 2010 (we're assuming here that's not all he said). The others arrested hail from AMD (leaking financial details) and Taiwan Semiconductor Manufacturing, and a fifth person already pled guilty (a former Dell global supply manager). Remember, kids, crime doesn't pay.
WikiLeaks: Chinese Politburo responsible for Google hacking
You had to know something interesting would come out of the quarter million diplomatic cables that WikiLeaks just, well, leaked late on Sunday, and the New York Times has picked out a doozie for us. As it turns out, that big brouhaha in China surrounding the hacking of Gmail accounts was actually a state-authorized attack. Such was the report from a Chinese informant working for the US embassy, and the disclosure goes on to say that it was part of a "coordinated campaign of computer sabotage," reaching a wide net of targets, including American government machines, American private businesses, and... the Dalai Lama. Hey, China's hardly the first country to ever engage in state-sponsored cyber espionage (ahem, Stuxnet), but we can't say we're not disappointed. Let's keep it classy from here on out, alright guys?
Blood Sport: Rank 1 gladiator PvP secrets (illegal and immoral edition)
Every week, WoW Insider brings you Blood Sport for arena enthusiasts and The Art of War(craft) for fans of battlegrounds and world PvP. Want to crush your enemies, see them driven before you and hear the lamentation of their women? C. Christian Moore, multiple rank 1 gladiator, examines the latest arena strategy, trends, compositions and more. Listening Music: A classic -- The Beastie Boys' "Sabotage." Kind of on-theme for what we'll be discussing today, too. The interview at the beginning is 30 seconds long if you want to skip it (but you shouldn't; it's awesome). For the last two weeks, I've talked your ears off on some strategies and tricks that players use to attain rank 1, largely legally. The season is now over, and a lot of changes to arena are coming via Cataclysm. I debated with myself whether or not to write about the darker side of arena. I decided that you, the reader, deserve to know about what happens in back rooms when no one is watching. The season is over, and I feel confident no one is going to use this article to ascend ladders unlawfully. Unfortunately, there are reports of people using these very tactics (sometimes in large numbers per battlegroup) to get a soiled Wrathful Gladiator title next to their name. Luckily, some of these teams have been caught and reset without reward. A curse be placed upon them, their children, and their childrens' childrens' family dog. Sorry Fido, Grandpa cheated. Deal with it.
HP agrees to pay $55 million to settle investigation into illegal kickbacks
The company that kicked Mark Hurd to the curb for financial impropriety has today reported it'll pay $55 million in a settlement with the US Department of Justice relating to some fiscal delinquency of its own. HP was accused of greasing up the wheels of business, as it were, by throwing cash around to companies who would recommend its services to state procurement agencies. This particular set of allegations related to a federal contract obtained by HP in 2002, and the settlement also extinguishes investigation into whether or not the computer vendor had provided incomplete information to the US government. That's all well and good, but we have to question the size of these levies. Today's also the day that HP's announced a new $800 million supply contract with the US Air Force -- would a fine that's less than a tenth of the contract's value really deter HP's entrepreneurial spirit?
UK bans R4 cards, makes Nintendo DS pirating 'double illegal'
While us Yankees are celebrating the one small victory for all that's right and good represented by the recent DMCA jailbreak exception, things are looking a little bleaker for UK gadget-heads this afternoon. London's High Court has ruled that R4 cards, which are used by homebrewers and the occasional no-goodnik game pirate to circumvent security on the Nintendo DS, cannot be sold, advertised, or imported into the UK. According to Joystiq, Nintendo claims they've seized over 100,000 R4 devices in the country since 2009. When asked for a comment, the Queen was all like, "What?"
iTunes fraud takes trip to travel section?
Here we go again, unfortunately. Both 9 to 5 Mac and Ars Technica are reporting a new spat of potentially-fraudulent apps climbed the iTunes charts today, now in the Travel section. This time, the culprit's purported to be Chinese-based WiiSHii and a series of "GYOYO" Chinese- and English-language maps. The two publications have a screenshot each showing the apps climbing the charts, as well as an apparent receipt from one customer who unwittingly found charges for the software on his or her bill -- and yeah, we see them, too, albeit not topping any charts as of this writing. So yet again, we advise caution and double-checking your payment history. Le sigh. %Gallery-97248%
HannStar Display shells out $30m to settle LCD price fixing case
Another day, another company pleading guilty to their role in a massive global price-fixing conspiracy surrounding the MSRP of LCDs. The Taiwan-based HannStar Display agreed (grudgingly, we surmise) this week to cough up a whopping $30 million for its role in the scheme, marking the seventh company to "plead or agree to plead guilty as a result of the department's investigation into the LCD industry." All told, the US Department of Justice has seen some $890 million paid out and 17 executives charged, with HannStar in particular being pegged for violating the Sherman Act during its participation in the conspiracy from September 2001 to January 2006. So, anyone up for being lucky number eight?
Labor practice protest goes down at Computex, Steve Jobs called an 'OEM profit bloodsucker'
It's hard to say if today's protest outside of the Computex show floor has anything in particular to do with Taiwan's president showing up to tour the expo, but there's zero doubt that it has a lot to do with the recent attention given to questionable labor practices in Foxconn's Chinese facilities. A good two dozen protesters were out in force today, with loads of police and TV cameras giving the world a look at how these folks feel about Apple CEO Steve Jobs and Wintek's CEO in particular. As for Jobs, he was being labeled an "OEM profit bloodsucker" and "the man behind irresponsible contractors," while a slew of others were deemed "production line killers, number one union butchers, representatives of mass layoffs and kings of chemical killing." We also spotted instances of "tired to death" and "suicide overtime work," neither of which are particularly rosy. Hit the gallery below for more of the mayhem. %Gallery-94025%
DoJ's inquiry at Apple purportedly expanding beyond iTunes practices
Take this for whatever it's worth (which isn't a whole heck of a lot without any official confirmation from any of the parties involved), but the New York Post has it that the Justice Department's inquiry into Apple's iTunes practices may in fact be growing. 'Course, it's not exactly surprising to hear that authorities are now investigating every nook and cranny of Apple's tactics thanks to Steve Jobs' public thrashing of Flash and his sly insistence that the world shun Adobe while hugging HTML5, but we've still yet to hear from the DoJ and Apple about what exactly is going on within Cupertino. At any rate, the Post notes that a number of "sources" have confirmed that the inquiry is growing, most notably to include "how the iPhone and iPad maker does business with media outfits in areas beyond music." We'd heard whispers that things may be getting just a bit too dictator-ish in the developers Ts and Cs, and now it seems that the DoJ is "asking questions about the terms that Apple lays out for computer programmers who want to develop apps for the iPad." It'll be interesting to see how all of this plays out, but we can bet devs (and end-users, frankly) are hoping and praying for less restrictions in the future.
