SternisheFan notes that Nebraska and Oklahoma are suing Colorado over marijuana legalization. The attorneys general of Nebraska and Oklahoma sued Colorado in the U.S. Supreme Court on Thursday, arguing state-legalized marijuana from Colorado is improperly spilling across state lines. The suit invokes the federal government's right to regulate both drugs and interstate commerce, and says Colorado's decision to legalize marijuana has been "particularly burdensome" to police agencies on the other side of the state line. In June, USA TODAY highlighted the flow of marijuana from Colorado into small towns across Nebraska: felony drug arrests in Chappell, Neb., just 7 miles north of the Colorado border have skyrocketed 400% in three years. "In passing and enforcing Amendment 64, the state of Colorado has created a dangerous gap in the federal drug control system enacted by the United States Congress. Marijuana flows from this gap into neighboring states, undermining plaintiff states' own marijuana bans, draining their treasuries, and placing stress on their criminal justice systems," says the lawsuit. "The Constitution and the federal anti-drug laws do not permit the development of a patchwork of state and local pro-drug policies and licensed distribution schemes throughout the country which conflict with federal laws."
Slate reports that even old movies are enough to trigger a pretty strong knee jerk: Team America, World Police, selected as a tongue-in-cheek replacement by Dallas's Alamo Drafthouse Theater for the Sony-yanked The Interview after that film drew too much heat following the recent Sony hack, has also been pulled. The theater's tweet, as reprinted by Slate: "due to circumstances beyond our control,” their Dec. 27 Team America screening has also been canceled." If only I had a copy, I'd like to host a viewing party here in Austin for The Interview, which I want to see now more than ever. (And it would be a fitting venue.)
rossgneumann writes North Korea may really be behind the Sony hack, but we're still acting like idiots. Peter W. Singer, one of the nations foremost experts on cybersecurity, says Sony's reaction has been abysmal. "Here, we need to distinguish between threat and capability—the ability to steal gossipy emails from a not-so-great protected computer network is not the same thing as being able to carry out physical, 9/11-style attacks in 18,000 locations simultaneously. I can't believe I'm saying this. I can't believe I have to say this."
schwit1 sends this report from The Verge:
Most anti-piracy tools take one of two paths: they either target the server that's sharing the files (pulling videos off YouTube or taking down sites like The Pirate Bay) or they make it harder to find (delisting offshore sites that share infringing content). But leaked documents reveal a frightening line of attack that's currently being considered by the MPAA: What if you simply erased any record that the site was there in the first place? To do that, the MPAA's lawyers would target the Domain Name System that directs traffic across the internet.
The tactic was first proposed as part of the Stop Online Piracy Act (SOPA) in 2011, but three years after the law failed in Congress, the MPAA has been looking for legal justification for the practice in existing law and working with ISPs like Comcast to examine how a system might work technically. If a takedown notice could blacklist a site from every available DNS provider, the URL would be effectively erased from the internet. No one's ever tried to issue a takedown notice like that, but this latest memo suggests the MPAA is looking into it as a potentially powerful new tool in the fight against piracy.
An anonymous reader writes with this news from the EFF's Deep Links:
The public got an early holiday gift today when a federal court agreed with us that six weeks of continually video recording the front yard of someone's home without a search warrant violates the Fourth Amendment. In United States v. Vargas local police in rural Washington suspected Vargas of drug trafficking. In April 2013, police installed a camera on top of a utility pole overlooking his home. Even though police did not have a warrant, they nonetheless pointed the camera at his front door and driveway and began watching every day. A month later, police observed Vargas shoot some beer bottles with a gun and because Vargas was an undocumented immigrant, they had probable cause to believe he was illegally possessing a firearm. They used the video surveillance to obtain a warrant to search his home, which uncovered drugs and guns, leading to a federal indictment against Vargas.
An anonymous reader writes The Pirate Bay's crew have remained awfully quiet on the recent raid in public, but today Mr 10100100000 breaks the silence in order to get a message out to the world. In a nutshell, he says that they couldn't care less, are going to remain on hiatus, and a comeback is possible. In recent days mirrors of The Pirate Bay appeared online and many of these have now started to add new content as well. According to TPB this is a positive development, but people should be wary of scams. Mr 10100100000 says that they would open source the engine of the site, if the code "wouldn't be so s****y". In any case, they recommend people keeping the Kopimi spirit alive, as TPB is much more than some hardware stored in a dusty datacenter.
SydShamino writes In an effort that may run afoul of the first amendment, Sony, through their lawyer David Boies (of SCO infamy), has sent a letter to major news organizations demanding that they refrain from downloading any leaked documents, and destroy those already possessed. Sony threatens legal action to news organizations that do not comply, saying that "Sony Pictures Entertainment will have no choice but to hold you responsible for any damage or loss arising from such use or dissemination by you."
jfruh writes Google Chairman Eric Schmidt told a conference on surveillance at the Cato Institute that Edward Snowden's revelations on NSA spying shocked the company's engineers — who then immediately started working on making the company's servers and services more secure. Now, after a year and a half of work, Schmidt says that Google's services are the safest place to store your sensitive data.
HughPickens.com writes Andrew Pollack reports at the NYT that a federal judge has blocked an attempt by the drug company Actavis to halt sales of an older form of its Alzheimer's disease drug Namenda in favor of a newer version with a longer patent life after New York's attorney general filed an antitrust lawsuit accusing the drug company of forcing patients to switch to the newer version of the widely used medicine to hinder competition from generic manufacturers. "Today's decision prevents Actavis from pursuing its scheme to block competition and maintain its high drug prices," says Eric Schneiderman, the New York attorney general. "Our lawsuit against Actavis sends a clear message: Drug companies cannot illegally prioritize profits over patients."
The case involves a practice called product hopping where brand name manufacturers make a slight alteration to their prescription drug (PDF) and engage in marketing efforts to shift consumers from the old version to the new to insulate the drug company from generic competition for several years. For its part Actavis argued that an injunction would be "unprecedented and extraordinary" and would cause the company "great financial harm, including unnecessary manufacturing and marketing costs." Namenda has been a big seller. In the last fiscal year, the drug generated $1.5 billion in sales. The drug costs about $300 a month.
MobyDisk writes: A lawsuit was filed yesterday over a case in which a woman was arrested for recording the police from her car while stopped in traffic. Ars Technica writes, "Police erased the 135-second recording from the woman's phone, but it was recovered from her cloud account according to the Circuit Court for Baltimore City lawsuit, which seeks $7 million."
Baltimore police lost a similar case against Anthony Graber in 2010 and another against Christopher Sharp in 2014. The is happening so often in Baltimore that in 2012, the U.S. Department of Justice sent a letter to the police reminding them that they cannot stop recordings, and most certainly cannot delete them.
Local awareness of this issue is high since the the Mayor and the City Council support requiring police body cameras. The city council just passed a bill requiring them, but the mayor is delaying implementation until a task force determines how best to go about it. The country is also focused on police behavior in light of the recent cases in Ferguson and New York, the latter of which involved a citizen recording.
So the mayor, city council, police department policies, courts, and federal government are all telling police officers to stop doing this. Yet it continues to happen, and in a rather violent matter. What can people do to curb this problem?
Prune writes Congress has quietly passed an Intelligence Authorization Bill that includes warrantless forfeiture of private communications to local law enforcement. Representative Justin Amash unsuccessfully attempted a late bid to oppose the bill, which passed 325-100. According to Amash, the bill "grants the executive branch virtually unlimited access to the communications of every American."
According to the article, a provision in the bill allows “the acquisition, retention, and dissemination” of Americans’ communications without a court order or subpoena. That type of collection is currently allowed under an executive order that dates back to former President Reagan, but the new stamp of approval from Congress was troubling, Amash said. Limits on the government’s ability to retain information in the provision did not satisfy the Michigan Republican."
New submitter dubner writes Simply hand the law enforcement officer your mobile phone. That's what you can do in Iowa rather than "digging through clutter in your glove compartment for an insurance card." And soon your driver's license will be available on your phone too, according to a story in the (Des Moines Register). Iowans will soon be able to use a mobile app on their smartphones as their official driver's license issued by the Iowa Department of Transportation. Some marvelous quotes in TFA: "The new app should be highly secure ... People will use a pin number for verification." And "Branstad (Iowa governor)... noted that even Iowa children are now working on digital development projects." A raft of excuses ("battery's dead") and security problems come to mind; how would you implement such a system?
An anonymous reader writes: We are on the second day since The Pirate Bay was raided by Swedish police. While it's still unclear how hard the site was hit, not everyone is mourning its troubles. Peter Sunde, one of the well-known founders of TPB, wrote, "The Pirate Bay has been raided, again. That happened over 8 years ago last time. That time, a lot of people went out to protest and rally in the streets. Today few seem to care. And I'm one of them." He paints a rather crusty picture: "The site was ugly, full of bugs, old code and old designs. It never changed except for one thing – the ads. More and more ads were filling the site, and somehow when it felt unimaginable to make these ads more distasteful, they somehow ended up even worse." Adding to that, the plan had always been to pull the plug after 10 years, so others could take over. However, when that day came last year, the site remained online. The big question that remains right now is whether The Pirate Bay will make another comeback, or if this is indeed the end. Peter seems to believe that the latter may be the case, but that others will fill the gap.
cold fjord writes: The Weekly Standard reports, "This week, the Department of Health and Human Services (HHS) announced the release of the Federal Health IT Strategic Plan 2015-2020, which details the efforts of some 35 departments and agencies of the federal government and their roles in the plan to 'advance the collection, sharing, and use of electronic health information to improve health care, individual and community health, and research.' ... Now that HHS has publicly released the Federal Health IT Strategic Plan, the agency is seeking the input from the public before implementation. The plan is subject to two-month period of public comment before finalization. The comment period runs through February 6, 2015." Among the many agencies that will be sharing records besides Health and Human Services are: Department of Agriculture, Department of Defense, Department of Education, Department of Justice and Bureau of Prison, Department of Labor, Federal Communications Commission, Federal Trade Commission, National Aeronautics and Space Administration, Office of Personnel Management, National Institute of Standards and Technology.
HughPickens.com writes: Benny Evangelista reports at the San Francisco Chronicle that a class-action suit has been filed in District Court in San Francisco on behalf of Toyer Grear and daughter Joycelyn Harris, claiming that Comcast is "exploiting them for profit" by using their home router as part of a nationwide network of public hotspots. Comcast is trying to compete with major cell phone carriers by creating a public Xfinity WiFi Hotspot network in 19 of the country's largest cities by activating a second high-speed Internet channel broadcast from newer-model wireless gateway modems that residential customers lease from the company.
Although Comcast has said its subscribers have the right to disable the secondary signal, the suit claims the company turns the service on without permission. It also places "the costs of its national Wi-Fi network onto its customers" and quotes a test conducted by Philadelphia networking technology company Speedify that concluded the secondary Internet channel will eventually push "tens of millions of dollars per month of the electricity bills needed to run their nationwide public Wi-Fi network onto consumers." The suit also says "the data and information on a Comcast customer's network is at greater risk" because the hotspot network "allows strangers to connect to the Internet through the same wireless router used by Comcast customers."
An anonymous reader writes with word that a Spanish judge, after complaints from taxi associations that the competition Uber brings to the transportation market is unfair to existing firms' drivers, has ordered the company to cease operations in the country. From the BBC article:
In his ruling on the temporary ban, the judge said Uber drivers didn't have official authorisation to drive their cars and was "unfair competition." The move follows a complaint by the Madrid Taxi Association. The Spanish ban comes just a day after Uber was blacklisted in the Indian capital Delhi. Drivers "lack the administrative authorisation to carry out the job, and the activity they carry out constitutes unfair competition," the Spanish court services said in a statement after the ruling. In Thailand, too. And stateside, the government of Portland, Oregon thinks Uber's a big enough threat to justify a sting operation. Business Insider's keeping score.
New submitter stephenpeters writes The AdNauseam browser extension claims to click on each ad you have blocked with AdBlock in an attempt to obfuscate your browsing data. Officially launched mid November at the Digital Labour conference in New York, the authors hope this extension will register with advertisers as a protest against their pervasive monitoring of users online activities.
It will be interesting to see how automated ad click browser extensions will affect the online ad arms race. Especially as French publishers are currently planning to sue Eyeo GmbH, the publishers of Adblock. This might obfuscate the meaning of the clicks, but what if it just encourages the ad sellers to claim even higher click-through rates as a selling point?