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Privacy

Cops Can Force Suspect To Unlock Phone With Thumbprint, US Court Rules (arstechnica.com) 77

An anonymous reader quotes a report from Ars Technica: The US Constitution's Fifth Amendment protection against self-incrimination does not prohibit police officers from forcing a suspect to unlock a phone with a thumbprint scan, a federal appeals court ruled yesterday. The ruling does not apply to all cases in which biometrics are used to unlock an electronic device but is a significant decision in an unsettled area of the law. The US Court of Appeals for the 9th Circuit had to grapple with the question of "whether the compelled use of Payne's thumb to unlock his phone was testimonial," the ruling (PDF) in United States v. Jeremy Travis Payne said. "To date, neither the Supreme Court nor any of our sister circuits have addressed whether the compelled use of a biometric to unlock an electronic device is testimonial."

A three-judge panel at the 9th Circuit ruled unanimously against Payne, affirming a US District Court's denial of Payne's motion to suppress evidence. Payne was a California parolee who was arrested by California Highway Patrol (CHP) after a 2021 traffic stop and charged with possession with intent to distribute fentanyl, fluorofentanyl, and cocaine. There was a dispute in District Court over whether a CHP officer "forcibly used Payne's thumb to unlock the phone." But for the purposes of Payne's appeal, the government "accepted the defendant's version of the facts, i.e., 'that defendant's thumbprint was compelled.'" Payne's Fifth Amendment claim "rests entirely on whether the use of his thumb implicitly related certain facts to officers such that he can avail himself of the privilege against self-incrimination," the ruling said. Judges rejected his claim, holding "that the compelled use of Payne's thumb to unlock his phone (which he had already identified for the officers) required no cognitive exertion, placing it firmly in the same category as a blood draw or fingerprint taken at booking." "When Officer Coddington used Payne's thumb to unlock his phone -- which he could have accomplished even if Payne had been unconscious -- he did not intrude on the contents of Payne's mind," the court also said.

The Courts

Crypto Trader Eisenberg Convicted of Fraud in $110 Million Mango Markets Scheme (axios.com) 6

A jury found Avraham "Avi" Eisenberg guilty on all three counts of fraud and manipulation in a $110 million crypto trade scheme using the Mango Markets platform. Axios: The case was the first known test for a jury to decide whether existing U.S. laws governing fraud and market manipulation apply to the world of decentralized finance (DeFi). The 28-year-old Eisenberg will be held to account for his actions on Oct. 11, 2022, when a series of trades he made intentionally boosted the price of Mango Markets' native token, MNGO, as well as the price of futures contracts.

He used the inflated futures holdings as collateral to borrow other cryptocurrencies on the platform, then quickly withdrew those assets and walked away from his collateral. Eisenberg never disputed the facts of the strategy but contended that what he did was legal and permitted by the DeFi protocol, a principle in the industry known as "code is law." U.S. laws apply to DeFi: "Avraham Eisenberg ran a con," prosecutors said Wednesday, during closing arguments, continuing its momentum from last week. The word "con" was used at least six more times in those remarks.

The Courts

Escobar Brother Barred by EU Court From Trademarking Family Name (bloomberg.com) 17

Pablo Escobar, the name of the late Colombian drug kingpin, can't be registered as a trademark in the European Union after judges said that approving his brother's bid would go against "principles of morality." From a report: The public "associate that name with drug trafficking and narco-terrorism and with the crimes and suffering resulting therefrom, rather than with his possible good deeds in favor of the poor in Colombia," the EU's General Court in Luxembourg said on Wednesday. Trademarking the name is "counter to the fundamental values and moral standards prevailing within Spanish society," the court said.
The Courts

Judge Refuses To Ctrl-Z Divorce Order Made By a Misclick (theregister.com) 192

Richard Currie reports via The Register: A simple misclick at a London law firm led to a surprise divorce for an unsuspecting couple. An employee at Vardags, self-described specialists in high-net-worth marital breakdowns, opened the wrong file when applying for a divorce in His Majesty's Courts and Tribunals Service (HMCTS) online portal. With a click more potent than Cupid's arrow, the solicitor "issued a final order of divorce in proceedings between Mrs Williams, the applicant wife, and Mr Williams," court papers [PDF] say.

The digital slip occurred on October 3, and thanks to the system's "now customary speed," as described by Judge Sir Andrew McFarlane, President of the Family Division, marital bonds were finally and totally severed in a mere 21 minutes, less time than most couples spend arguing over what to watch on Netflix. When Vardags realized the blunder two days later, it scrambled to reverse the order. The application was made "without notice to the Husband's solicitors -- the Wife's solicitors considered at the time that this was the correct approach given that the Final Order itself had been made without notice."

In the ensuing legal melee, Mr Williams, previously unaware of his sudden single status, received a letter sent by HMCTS the same day as the accidental divorce, stating that he was no longer married. But it was not until October 11, a week later, that he was formally informed of his bachelorhood by his ex-wife's solicitors. Meanwhile, his solicitors entered the fray, demanding that the case be brought before the President of the Family Division to sort out this matrimonial muddle.

United States

US Senate To Vote on a Wiretap Bill That Critics Call 'Stasi-Like' (wired.com) 55

The United States Senate is poised to vote on legislation this week that, for the next two years at least, could dramatically expand the number of businesses that the US government can force to eavesdrop on Americans without a warrant. From a report: Some of the nation's top legal experts on a controversial US spy program argue that the legislation, known as the Reforming Intelligence and Securing America Act (RISAA), would enhance the US government's spy powers, forcing a variety of new businesses to secretly eavesdrop on Americans' overseas calls, texts, and email messages. Those experts include a handful of attorneys who've had the rare opportunity to appear before the US government's secret surveillance court.

The Section 702 program, authorized under the Foreign Intelligence Surveillance Act, or FISA, was established more than a decade ago to legalize the government's practice of forcing major telecommunications companies to eavesdrop on overseas calls in the wake of the September 11, 2001, terrorist attacks. On the one hand, the government claims that the program is designed to exclusively target foreign citizens who are physically located abroad; on the other, the government has fiercely defended its ability to access wiretaps of Americans' emails and phone conversations, often years after the fact and in cases unrelated to the reasons the wiretaps were ordered in the first place.

The 702 program works by compelling the cooperation of US businesses defined by the government as "electronic communications service providers" -- traditionally phone and email providers such as AT&T and Google. Members of the House Intelligence Committee, whose leaders today largely serve as lobbyists for the US intelligence community in Congress, have been working to expand the definition of that term, enabling the government to force new categories of businesses to eavesdrop on the government's behalf.

The Courts

Justice Department To File Antitrust Suit Against Ticketmaster-Parent Live Nation (wsj.com) 48

The Justice Department is preparing to sue Live Nation as soon as next month [non-paywalled link], an antitrust challenge that could spur major changes at the biggest name in concert promotion and ticketing. WSJ: The agency is preparing to file an antitrust lawsuit against the Ticketmaster parent in the coming weeks that would allege the nation's biggest concert promoter has leveraged its dominance in a way that undermined competition for ticketing live events, according to people familiar with the matter.

The specific claims the department would allege couldn't be learned. The federal government opted out of trying to block Live Nation and Ticketmaster's 2010 tie up. Since then, the company has faced accusations of exorbitant ticket fees, flawed customer service and anticompetitive practices from lawmakers, regulators and state attorneys general. Critics of the merger say it has stifled competition in ticketing and that the company should be broken up. Live Nation's size and power in concert promotion, ticketing and venues are at the heart of a Justice Department investigation that began in 2022. The investigation gained momentum in November 2022 after Ticketmaster crashed during a fan presale to Taylor Swift's "Eras Tour."

Bitcoin

Alleged Cryptojacking Scheme Consumed $3.5 Million of Stolen Computing To Make Just $1 Million (arstechnica.com) 34

An anonymous reader quotes a report from Ars Technica: Federal prosecutors indicted a Nebraska man on charges he perpetrated a cryptojacking scheme that defrauded two cloud providers -- one based in Seattle and the other in Redmond, Washington -- out of $3.5 million. The indictment, filed in US District Court for the Eastern District of New York and unsealed on Monday, charges Charles O. Parks III -- 45 of Omaha, Nebraska -- with wire fraud, money laundering, and engaging in unlawful monetary transactions in connection with the scheme. Parks has yet to enter a plea and is scheduled to make an initial appearance in federal court in Omaha on Tuesday. Parks was arrested last Friday. Prosecutors allege that Parks defrauded "two well-known providers of cloud computing services" of more than $3.5 million in computing resources to mine cryptocurrency. The indictment says the activity was in furtherance of a cryptojacking scheme, a term for crimes that generate digital coin through the acquisition of computing resources and electricity of others through fraud, hacking, or other illegal means.

Details laid out in the indictment underscore the failed economics involved in the mining of most cryptocurrencies. The $3.5 million of computing resources yielded roughly $1 million worth of cryptocurrency. In the process, massive amounts of energy were consumed. [...] Prosecutors didn't say precisely how Parks was able to trick the providers into giving him elevated services, deferring unpaid payments, or failing to discover the allegedly fraudulent behavior. They also didn't identify either of the cloud providers by name. Based on the details, however, they are almost certainly Amazon Web Services and Microsoft Azure. If convicted on all charges, Parks faces as much as 30 years in prison.

The Courts

America's Legal System May Be 'Closing In' on Regulating Cryptocurrencies (msn.com) 45

A business columnist at the Los Angeles Times notes Sam Bankman-Fried's judge issued another ruling "that may have a more far-reaching effect on the crypto business.

U.S. Judge Failla "cleared the Securities and Exchange Commission to proceed with its lawsuit alleging that the giant crypto broker and exchange Coinbase has been dealing in securities without a license." What's important about Failla's ruling is that she dismissed out of hand Coinbase's argument, which is that cryptocurrencies are novel assets that don't fall within the SEC's jurisdiction — in short, they're not "securities." Crypto promoters have been making the same argument in court and the halls of Congress, where they're urging that the lawmakers craft an entirely new regulatory structure for crypto — preferably one less rigorous than the existing rules and regulations promulgated by the SEC and the Commodity Futures Trading Commission...

Failla saw through that argument without breaking a sweat. "The 'crypto' nomenclature may be of recent vintage," she wrote, "but the challenged transactions fall comfortably within the framework that courts have used to identify securities for nearly eighty years...." Since Congress hasn't enacted regulations specifically aimed at crypto, Coinbase said, the SEC's lawsuit should be dismissed. The judge's opinion of that argument was withering. "While certainly sizable and important," she wrote, "the cryptocurrency industry 'falls far short of being a "portion of the American economy" bearing vast economic and political significance....'"

Failla's ruling followed another in New York federal court in which a judge deemed crypto to be securities. In that case, Judge Edgardo Ramos refused to dismiss SEC charges against Gemini Trust Co., a crypto trading outfit run by Cameron and Tyler Winkelvoss, and the crypto lender Genesis Global Capital. The SEC charged that a scheme in which Gemini pooled customers' crypto assets and lent them to Genesis while promising the customers high interest returns is an unregistered security. The SEC case, like that against Coinbase, will proceed....

The hangover from March continued into this month. On April 5, a federal jury in New York found Terraform Labs and its chief executive and major shareholder, Do Kwon, liable in what the SEC termed "a massive crypto fraud...." The value of UST fell in effect to zero, the SEC said, "wiping out over $40 billion of total market value ... and sending shock waves through the crypto asset community."

United States

House Votes To Extend -- and Expand -- a Major US Spy Program (wired.com) 85

An anonymous reader quotes a report from Wired: A controversial US wiretap program days from expiration cleared a major hurdle on its way to being reauthorized. After months of delays, false starts, and interventions by lawmakers working to preserve and expand the US intelligence community's spy powers, the House of Representatives voted on Friday to extend Section 702 (PDF) of the Foreign Intelligence Surveillance Act (FISA) for two years. Legislation extending the program -- controversial for being abused by the government -- passed in the House in a 273-147 vote. The Senate has yet to pass its own bill.

Section 702 permits the US government to wiretap communications between Americans and foreigners overseas. Hundreds of millions of calls, texts, and emails are intercepted by government spies each with the "compelled assistance" of US communications providers. The government may strictly target foreigners believed to possess "foreign intelligence information," but it also eavesdrops on the conversations of an untold number of Americans each year. (The government claims it is impossible to determine how many Americans get swept up by the program.) The government argues that Americans are not themselves being targeted and thus the wiretaps are legal. Nevertheless, their calls, texts, and emails may be stored by the government for years, and can later be accessed by law enforcement without a judge's permission. The House bill also dramatically expands the statutory definition for communication service providers, something FISA experts, including Marc Zwillinger -- one of the few people to advise the Foreign Intelligence Surveillance Court (FISC) -- have publicly warned against.

The FBI's track record of abusing the program kicked off a rare detente last fall between progressive Democrats and pro-Trump Republicans -- both bothered equally by the FBI's targeting of activists, journalists, anda sitting member of Congress. But in a major victory for the Biden administration, House members voted down an amendment earlier in the day that would've imposed new warrant requirements on federal agencies accessing Americans' 702 data. The warrant amendment was passed earlier this year by the House Judiciary Committee, whose long-held jurisdiction over FISA has been challenged by friends of the intelligence community. Analysis by the Brennan Center this week found that 80 percent of the base text of the FISA reauthorization bill had been authored by intelligence committee members.

Nintendo

Discord is Nuking Nintendo Switch Emulator Devs and Their Entire Servers (theverge.com) 56

Discord has shut down the Discord servers for the Nintendo Switch emulators Suyu and Sudachi and has completely disabled their lead developers' accounts. The Verge: Both Suyu and Sudachi began as forks of Yuzu, the emulator that Nintendo sued out of existence on March 4th. "Discord responds to and complies with all legal and valid Digital Millennium Copyright Act requests. In this instance, there was also a court ordered injunction for the takedown of these materials, and we took action in a manner consistent with the court order," reads part of a statement from Discord director of product communications Kellyn Slone to The Verge.

The developers of Suyu and Sudachi only received vague messages about how they were sharing content that allegedly violates intellectual property rights, according to images shared with The Verge. Meanwhile, Discord tells us that it's following its normal process for DMCA takedown requests -- but it's not at all clear there was a valid DMCA takedown request or that those communities were actually violating IP rights, and it's quite possible Discord isn't following its own policy by kicking them out.

Remember, Nintendo got Yuzu to settle rather than proving its case in court, and the settlement did not give Nintendo the rights to Yuzu's freely copyable GPL v3 code. Developers of Yuzu's forks also claimed they were changing the code further, among other practices, in an effort to avoid pissing Nintendo off. And that code wasn't hosted on Discord in any case.

Android

Epic Games Proposes Google App Store Reforms After Antitrust Win (reuters.com) 31

Epic Games, the maker of the popular "Fortnite" video game, has urged a U.S. judge to compel Google to open up its Play Store to more competition following a jury verdict that found the tech giant had abused its power over Android app distribution.

In a court filing on Thursday [PDF], Epic proposed requiring Google to allow the distribution of competing third-party app stores on its platform for six years and limiting its ability to restrict preloading of competing app stores on devices. The move follows a December antitrust trial in which a jury found Google guilty of impeding developers' ability to distribute apps outside the Play Store and maintaining an overly tight grip on in-app transaction payments.
HP

We Never Agreed To Only Buy HP Ink, Say Printer Owners (theregister.com) 116

HP "sought to take advantage of customers' sunk costs," printer owners claimed this week in a class action lawsuit against the hardware giant. The Register: Lawyers representing the aggrieved were responding in an Illinois court to an earlier HP motion to dismiss a January lawsuit. Among other things, the plaintiffs' filing stated that the printer buyers "never entered into any contractual agreement to buy only HP-branded ink prior to receiving the firmware updates." They allege HP broke several anti-competitive statutes, which they claim: "bar tying schemes, and certain uses of software to accomplish that without permission, that would monopolize an aftermarket for replacement ink cartridges, when these results are achieved in a way that 'take[s] advantage of customers' sunk costs.'"

In the case, which began in January, the plaintiffs are arguing that HP issued a firmware update between late 2022 and early 2023 that they allege disabled their printers if they installed a replacement cartridge that was not HP-branded. They are asking for damages that include the cost of now-useless third-party cartridges and an injunction to disable the part of the firmware updates that prevent the use of third-party ink.

The Courts

Amazon Owes $525 Million In Cloud-Storage Patent Fight, US Jury Says (reuters.com) 38

A federal jury in Illinois on Wednesday said Amazon Web Services owes tech company Kove $525 million for violating three patents relating to its data-storage technology. From the report: The jury determined (PDF) that AWS infringed three Kove patents covering technology that Kove said had become "essential" to the ability of Amazon's cloud-computing arm to "store and retrieve massive amounts of data." An Amazon spokesperson said the company disagrees with the verdict and intends to appeal. Kove's lead attorney Courtland Reichman called the verdict "a testament to the power of innovation and the importance of protecting IP (intellectual property) rights for start-up companies against tech giants." Kove also sued Google last year for infringing the same three patents in a separate Illinois lawsuit that is still ongoing.
The Courts

Biden Considering Request To Drop Assange Charges (bbc.com) 146

President Joe Biden said he is "considering" a request from Australia to drop the prosecution of WikiLeaks founder Julian Assange. The BBC reports: The country's parliament recently passed a measure -- backed by PM Anthony Albanese -- calling for the return of Mr Assange to his native Australia. The US wants to extradite the 52-year-old from the UK on criminal charges over the leaking of military records. Mr Assange denies the charges, saying the leaks were an act of journalism. The president was asked about Australia's request on Wednesday and said: "We're considering it."

Mr Assange, 52, is fighting extradition in the UK courts. The extradition was put on hold in March after London's High Court said the United States must provide assurances he would not face the death penalty. The High Court is due to evaluate any responses from the US authorities at the end of May.
The measure passed the Australian parliament in February. Mr Albanese told MPs: "People will have a range of views about Mr Assange's conduct... But regardless of where people stand, this thing cannot just go on and on and on indefinitely."
The Courts

Cox Plans To Take Piracy Liability Battle To the Supreme Court (torrentfreak.com) 70

An anonymous reader quotes a report from TorrentFreak: Cox Communications doesn't believe that ISPs should be held liable for the activities of their pirating subscribers. After a disappointing verdict from a Virginia jury and an unsatisfactory outcome at the Court of Appeals, the internet provider now intends to escalate the matter to the Supreme Court. If the present verdict stands, innocent people risk losing their Internet access, the ISP notes. [...] That's notable, as it would be the first time that a "repeat infringer" case ends up at the highest court United States. Cox asked the court of appeals to also stay its mandate pending its Supreme Court application, as this could steer the legal battle in yet another direction.

According to Cox, the Supreme Court has substantial reasons to take on the case. For one, there are currently conflicting court of appeals rulings on the "material contribution" aspect of copyright infringement. The Supreme Court could give more clarity on when a service, with a myriad of lawful uses, can be held liable for infringers. In addition, Cox also cites the recent 'Twitter vs. Taamneh' Supreme Court ruling, which held that social media platforms aren't liable for terrorists who use their network. While that's not a copyright case, it's relevant for the secondary liability question, the ISP argues. "Though Twitter was not a copyright case, it confronted a directly analogous theory of secondary liability: that social-media platforms, including Twitter and YouTube, could be liable for continuing to provide services to those they knew were using them for illegal purposes," Cox writes.

Finally, Cox notes that the Supreme Court should hear the case because it deals with an issue that's 'exceptionally important' to ISPs as well as the public. If the present verdict stands, Internet providers may be much more likely to terminate Internet access, even if the subscriber is innocent. "This Court's material-contribution standard provides powerful incentives for ISPs of all stripes to swiftly terminate internet services that have been used to infringe -- no matter the universe of lawful uses to which those services are put, or the consequences to innocent, non-infringing people who also use those services. "That is why a chorus of amici urged this Court not to adopt this standard at the panel and en banc stages, and will likely urge the Supreme Court to grant review as well," Cox adds, referring to the support it received from third-parties previously.
"Cox hasn't filed a writ of certiorari yet and still has time, as it's due June 17, 2024," notes TorrentFreak. "The intention to go to the Supreme Court would be another reason to halt the new damages trial, according to Cox, but the court of appeals rejected the request."

"This means that the new damages trial can start, even if the case is still pending at the Supreme Court. However, it's clear that this legal battle is far from over yet."
Your Rights Online

Crypto Scam Criminal Trial Tests 'Code Is Law' Claim by Trader (bloomberg.com) 87

A jailed trader accused of stealing $110 million on the Mango Markets exchange faces a criminal trial this week that will test the reach of a US crackdown on cryptocurrencies. From a report: Prosecutors charged Avraham Eisenberg with manipulating Mango Markets futures contracts on Oct. 11, 2022, to boost the price of swaps by 1,300% in 20 minutes. He then "borrowed" from the exchange against the inflated value of those contracts, a move the government claims was a theft. Jury selection begins Monday in New York federal court, where groundbreaking crypto cases have played out. FTX co-founder Sam Bankman-Fried was sentenced there last month to 25 years in prison for orchestrating a multibillion-dollar scheme, while Terraform Labs Pte. and co-founder Do Kwon were found liable Friday for fraud in civil trial over the firm's 2022 collapse, which wiped out $40 billion in investor assets.

Eisenberg, a self-described "applied game theorist," claims his actions weren't theft at all. Rather, he says, he legally exploited a weakness in the decentralized finance application. The trial will apparently be the first time a US criminal jury will weigh what type of "DeFi" transactions are legal. In the crypto world, where digital blockchains govern who owns what, the virtual ecosystem is built around the notion that "code is law." It means that if something isn't explicitly forbidden by terms of a crypto platform, then government can't intercede. But prosecutors say those rules can't protect traders against possible criminal charges for market manipulation or fraud.

Facebook

Meta (Again) Denies Netflix Read Facebook Users' Private Messenger Messages (techcrunch.com) 28

TechCrunch reports this week that Meta "is denying that it gave Netflix access to users' private messages..." The claim references a court filing that emerged as part of the discovery process in a class-action lawsuit over data privacy practices between a group of consumers and Facebook's parent, Meta. The document alleges that Netflix and Facebook had a "special relationship" and that Facebook even cut spending on original programming for its Facebook Watch video service so as not to compete with Netflix, a large Facebook advertiser. It also says that Netflix had access to Meta's "Inbox API" that offered the streamer "programmatic access to Facebook's user's private message inboxes...."

Meta's communications director, Andy Stone, reposted the original X post on Tuesday with a statement disputing that Netflix had been given access to users' private messages. "Shockingly untrue," Stone wrote on X. "Meta didn't share people's private messages with Netflix. The agreement allowed people to message their friends on Facebook about what they were watching on Netflix, directly from the Netflix app. Such agreements are commonplace in the industry...."

Beyond Stone's X post, Meta has not provided further comment. However, The New York Times had previously reported in 2018 that Netflix and Spotify could read users' private messages, according to documents it had obtained. Meta denied those claims at the time via a blog post titled "Facts About Facebook's Messaging Partnerships," where it explained that Netflix and Spotify had access to APIs that allowed consumers to message friends about what they were listening to on Spotify or watching on Netflix directly from those companies' respective apps. This required the companies to have "write access" to compose messages to friends, "read access" to allow users to read messages back from friends, and "delete access," which meant if you deleted a message from the third-party app, it would also delete the message from Facebook.

"No third party was reading your private messages, or writing messages to your friends without your permission. Many news stories imply we were shipping over private messages to partners, which is not correct," the blog post stated. In any event, Messenger didn't implement default end-to-end encryption until December 2023, a practice that would have made these sorts of claims a non-starter, as it wouldn't have left room for doubt.

Bitcoin

Terraform Labs and Founder Do Kwon Found Liable In US Civil Fraud Trial (reuters.com) 12

Terraform Labs and its founder Do Kwon have been found liable on civil fraud charges on Friday by a jury in Manhattan. The jury agreed with the SEC that the two misled investors before their stablecoin's 2022 collapse shocked crypto markets around the world. Reuters reports: The SEC accused the company and Kwon of misleading investors in 2021 about the stability of TerraUSD, a stablecoin designed to maintain a value of $1. The regulator also accused them of falsely claiming Terraform's blockchain was used in a popular Korean mobile payment app. SEC attorney Laura Meehan said during closing arguments that the platform's success story was "built on lies." "If you swing big and you miss, and you don't tell people that you came up short, that is fraud," Meehan said.

Louis Pellegrino, an attorney for Terraform, told the jury on Friday the SEC's case relied on statements taken out of context and that Terraform and Kwon had been truthful about their products and how they worked, even when they failed. "Terraform is still out there, trying to rebuild and make purchasers whole," he said. The regulator is seeking civil financial penalties and orders barring Kwon and Terraform from the securities industry. Kwon, who was arrested in Montenegro in March 2023, did not attend the trial, which began March 25. Both the U.S. and South Korea, where Kwon is a citizen, have sought his extradition on criminal charges.

Network

Hospital Network Admin Used Fake Identity For 35 Years (thegazette.com) 88

An anonymous reader writes: Could you imagine discovering that your identity had been used to take out fraudulent loans and when you tried to resolve the issue by providing your state ID and Social Security card you were instead arrested, charged with multiple felonies, jailed for over a year, incarcerated in a mental hospital and given psychotropic drugs, eventually to be released with a criminal record and a judge's order that you could no longer use your real name? As dystopian as this might sound, it actually happened. And it was only after the victim learned his oppressor worked for The University of Iowa Hospital and contacted their security department was the investigation taken seriously leading to the perpetrator's arrest. The Gazette reports: Matthew David Keirans, 58, was convicted of one count of false statement to a National Credit Union Administration insured institution -- punishable by up to 30 years in federal prison -- and one count of aggravated identity theft -- punishable by up to two years in federal prison. Keirans worked as a systems architect in the hospital's IT department from June 28, 2013 to July 20, 2023, when he was terminated for misconduct related to the identity theft investigation. Keirans worked at the hospital under the name William Donald Woods, an alias he had been using since about 1988, when he worked with the real William Woods at a hot dog cart in Albuquerque, N.M. [...] By 2013, Keirans had moved to eastern Wisconsin. He started his IT job with UI Hospitals and worked remotely. He earned more than $700,000 in his 10 years working for the hospital. In 2023, his salary was $140,501, according to the hospital.

In 2019, the real William Woods was homeless, living in Los Angeles. He went to a branch of the national bank and explained that he recently discovered someone was using his credit and had accumulated a lot of debt. Woods didn't want to pay the debt and asked to know the account numbers for any accounts he had open at the bank so he could close them. Woods gave the bank employee his real Social Security card and an authentic California Identification card, which matched the information the bank had on file. Because there was a large amount of money in the accounts, the bank employee asked Woods a series of security questions that he was unable to answer. The bank employee called Keirans, whose the phone number was connected to the accounts. He answered the security questions correctly and said no one in California should have access to the accounts. The employee called the Los Angeles Police Department, and officers spoke with Woods and Keirans. Keirans faxed the Los Angeles officers a copy of Woods' Social Security card and birth certificate, as well as a Wisconsin driver's license Keirans had acquired under Woods' name. The driver's license had the name William David Woods -- David is Keirans' real middle name -- rather than William Donald Woods. When questioned, Keiran told an LAPD officer he sometimes used David as a middle name, but his real name was William Donald Woods. The real Woods was arrested and charged with identity theft and false impersonation, under a misspelling of Keirans' name: Matthew Kierans.

Because Woods continued to insist, throughout the judicial process, that he was William Woods and not Matthew Kierans, a judge ruled in February 2020 that he was not mentally competent to stand trial and he was sent to a mental hospital in California, where he received psychotropic medication and other mental health treatment. In March 2021, Woods pleaded no contest to the identity theft charges -- meaning he accepted the conviction but did not admit guilt. He was sentenced to two years imprisonment with credit for the two years he already served in the county jail and the hospital and was released. He was also ordered to pay $400 in fines and to stop using the name William Woods. He did not stop. Woods continued to attempt to regain his identity by filing customer disputes with financial organizations in an attempt to clear his credit report. He also reached out to multiple law enforcement agencies, including the Hartland Police Department in Wisconsin, where Keirans lived. Woods eventually discovered where Keirans was working, and in January 2023 he reached out to the University of Iowa Hospitals' security department, who referred his complaint to the University of Iowa Police Department.

University of Iowa Police Detective Ian Mallory opened an investigation into the case. Mallory found the biological father listed on Woods' birth certificate -- which both Woods and Keirans had sent him an official copy of -- and tested the father's DNA against Woods' DNA. The test proved Woods was the man's son. On July 17, 2023, Mallory interviewed Keirans. He asked Keirans what his father's name was, and Keirans accidentally gave the name of his own adoptive father. Mallory then confronted Keirans with the DNA evidence, and Keirans responded by saying, "my life is over" and "everything is gone." He then confessed to the prolonged identity theft, according to court documents.
The full story can be ready via The Gazette.
AI

George Carlin Estate Forces 'AI Carlin' Off the Internet For Good (arstechnica.com) 31

An anonymous reader quotes a report from Ars Technica: The George Carlin estate has settled its lawsuit with Dudesy, the podcast that purportedly used a "comedy AI" to produce an hour-long stand-up special in the style and voice of the late comedian. Dudesy's "George Carlin: Dead and Loving It" special, which was first uploaded in early January, gained hundreds of thousands of views and plenty of media attention for its presentation as a creation of an AI that had "listened to all of George Carlin's material... to imitate his voice, cadence and attitude as well as the subject matter I think would have interested him today." But even before the Carlin estate lawsuit was filed, there were numerous signs that the special was not actually written by an AI, as Ars laid out in detail in a feature report.

Shortly after the Carlin estate filed its lawsuit against Dudesy in late January, a representative for Dudesy host Will Sasso told The New York Times that the special had actually been "completely written by [Dudesy co-host] Chad Kultgen." Regardless of the special's actual authorship, though, the lawsuit also took Dudesy to task for "capitaliz[ing] on the name, reputation, and likeness of George Carlin in creating, promoting, and distributing the Dudesy Special and using generated images of Carlin, Carlin's voice, and images designed to evoke Carlin's presence on a stage." The resulting "association" between the real Carlin and this ersatz version put Dudesy in potential legal jeopardy, even if the contentious and unsettled copyright issues regarding AI training and authorship weren't in play.

Court documents note that shortly after the lawsuit was filed, Dudesy had already "taken reasonable steps" to remove the special and any mention of Carlin from all of Dudesy's online accounts. The settlement restrains the Dudesy podcast (and those associated with it) from re-uploading the special anywhere and from "using George Carlin's image, voice, or likeness" in any content posted anywhere on the Internet. Archived copies of the special are still available on the Internet if you know where to look. While the settlement notes that those reposts are also in "violat[ion] of this order," Dudesy will not be held liable for any reuploads made by unrelated third parties.

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