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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.

United States

A Breakthrough Online Privacy Proposal Hits Congress (wired.com) 27

An anonymous reader quotes a report from Wired: Congress may be closer than ever to passing a comprehensive data privacy framework after key House and Senate committee leaders released a new proposal on Sunday. The bipartisan proposal, titled the American Privacy Rights Act, or APRA, would limit the types of consumer data that companies can collect, retain, and use, allowing solely what they'd need to operate their services. Users would also be allowed to opt out of targeted advertising, and have the ability to view, correct, delete, and download their data from online services. The proposal would also create a national registry of data brokers, and force those companies to allow users to opt out of having their data sold. [...] In an interview with The Spokesman Review on Sunday, [Cathy McMorris Rodgers, House Energy and Commerce Committee chair] claimed that the draft's language is stronger than any active laws, seemingly as an attempt to assuage the concerns of Democrats who have long fought attempts to preempt preexisting state-level protections. APRA does allow states to pass their own privacy laws related to civil rights and consumer protections, among other exceptions.

In the previous session of Congress, the leaders of the House Energy and Commerce Committees brokered a deal with Roger Wicker, the top Republican on the Senate Commerce Committee, on a bill that would preempt state laws with the exception of the California Consumer Privacy Act and the Biometric Information Privacy Act of Illinois. That measure, titled the American Data Privacy and Protection Act, also created a weaker private right of action than most Democrats were willing to support. Maria Cantwell, Senate Commerce Committee chair, refused to support the measure, instead circulating her own draft legislation. The ADPPA hasn't been reintroduced, but APRA was designed as a compromise. "I think we have threaded a very important needle here," Cantwell told The Spokesman Review. "We are preserving those standards that California and Illinois and Washington have."

APRA includes language from California's landmark privacy law allowing people to sue companies when they are harmed by a data breach. It also provides the Federal Trade Commission, state attorneys general, and private citizens the authority to sue companies when they violate the law. The categories of data that would be impacted by APRA include certain categories of "information that identifies or is linked or reasonably linkable to an individual or device," according to a Senate Commerce Committee summary of the legislation. Small businesses -- those with $40 million or less in annual revenue and limited data collection -- would be exempt under APRA, with enforcement focused on businesses with $250 million or more in yearly revenue. Governments and "entities working on behalf of governments" are excluded under the bill, as are the National Center for Missing and Exploited Children and, apart from certain cybersecurity provisions, "fraud-fighting" nonprofits. Frank Pallone, the top Democrat on the House Energy and Commerce Committee, called the draft "very strong" in a Sunday statement, but said he wanted to "strengthen" it with tighter child safety provisions.

United States

Is The US About To Pass a Landmark Online Privacy Bill? (msn.com) 35

Leaders from two key committees in the U.S. Congress "are nearing an agreement on a national framework aimed at protecting Americans' personal data online," reports the Washington Post.

They call the move "a significant milestone that could put lawmakers closer than ever to passing legislation that has eluded them for decades, according to a person familiar with the matter, who spoke on the condition of anonymity to discuss the talks." The tentative deal is expected to broker a compromise between congressional Democrats and Republicans by preempting state data protection laws and creating a mechanism to let individuals sue companies that violate their privacy, the person said. Rep. Cathy McMorris Rodgers (R-Wash.) and Sen. Maria Cantwell (D-Wash.), the chairs of the House Energy and Commerce Committee and the Senate Commerce Committee, respectively, are expected to announce the deal next week...

Lawmakers have tried to pass a comprehensive federal privacy law for more than two decades, but negotiations in both chambers have repeatedly broken down amid partisan disputes over the scope of the protections. Those divides have created a vacuum that states have increasingly looked to fill, with more than a dozen passing their own privacy laws... [T]heir expected deal would mark the first time the heads of the two powerful commerce committees, which oversee a broad swath of internet policy, have come to terms on a major consumer privacy bill...

The federal government already has laws safeguarding people's health and financial data, in addition to protections for children's personal data, but there's no overarching standard to regulate the vast majority of the collection, use and sale of data that companies engage in online.

United States

Cable Lobby Vows 'Years of Litigation' To Avoid Bans on Blocking and Throttling (arstechnica.com) 91

An anonymous reader shares a report: The Federal Communications Commission has scheduled an April 25 vote to restore net neutrality rules similar to the ones introduced during the Obama era and repealed under former President Trump. The text of the pending net neutrality order wasn't released today. The FCC press release said it will prohibit broadband providers "from blocking, slowing down, or creating pay-to-play Internet fast lanes" and "bring back a national standard for broadband reliability, security, and consumer protection."

[...] Numerous consumer advocacy groups praised the FCC for its plan today. Lobby groups representing Internet providers expressed their displeasure. While there hasn't been a national standard since then-Chairman Ajit Pai led a repeal in 2017, Internet service providers still have to follow net neutrality rules because California and other states impose their own similar regulations. The broadband industry's attempts to overturn the state net neutrality laws were rejected in court.

Although ISPs seem to have been able to comply with the state laws, they argue that the federal standard will hurt their businesses and consumers. "Reimposing heavy-handed regulation will not just hobble network investment and innovation, it will also seriously jeopardize our nation's collective efforts to build and sustain reliable broadband in rural and unserved communities," cable lobbyist Michael Powell said today. Powell, the CEO of cable lobby group NCTA-The Internet & Television Association, was the FCC chairman under President George W. Bush. Powell said the FCC must "reverse course to avoid years of litigation and uncertainty" in a reference to the inevitable lawsuits that industry groups will file against the agency.

The Internet

FCC To Vote To Restore Net Neutrality Rules (reuters.com) 60

An anonymous reader quotes a report from Reuters: The U.S. Federal Communications Commission will vote to reinstate landmark net neutrality rules and assume new regulatory oversight of broadband internet that was rescinded under former President Donald Trump, the agency's chair said. The FCC told advocates on Tuesday of the plan to vote on the final rule at its April 25 meeting. The commission voted 3-2 in October on the proposal to reinstate open internet rules adopted in 2015 and re-establish the commission's authority over broadband internet.

Net neutrality refers to the principle that internet service providers should enable access to all content and applications regardless of the source, and without favoring or blocking particular products or websites. FCC Chair Jessica Rosenworcel confirmed the planned commission vote in an interview with Reuters. "The pandemic made clear that broadband is an essential service, that every one of us -- no matter who we are or where we live -- needs it to have a fair shot at success in the digital age," she said. "An essential service requires oversight and in this case we are just putting back in place the rules that have already been court-approved that ensures that broadband access is fast, open and fair."

Businesses

32-Hour Workweek for America Proposed by Senator Bernie Sanders (theguardian.com) 390

The Guardian reports that this week "Bernie Sanders, the independent senator from Vermont who twice ran for the Democratic presidential nomination, introduced a bill to establish a four-day US working week." "Moving to a 32-hour workweek with no loss of pay is not a radical idea," Sanders said on Thursday. "Today, American workers are over 400% more productive than they were in the 1940s. And yet millions of Americans are working longer hours for lower wages than they were decades ago. "That has got to change. The financial gains from the major advancements in artificial intelligence, automation and new technology must benefit the working class, not just corporate chief executives and wealthy stockholders on Wall Street.

"It is time to reduce the stress level in our country and allow Americans to enjoy a better quality of life. It is time for a 32-hour workweek with no loss in pay."

The proposed bill "has received the endorsement of the American Federation of Labor and Congress of Industrial Organizations, United Auto Workers, the Service Employees International Union, the Association of Flight Attendants" — as well as several other labor unions, reports USA Today: More than half of adults employed full time reported working more than 40 hours per week, according to a 2019 Gallup poll... More than 70 British companies started to test a four-day workweek last year, and most respondents reported there has been no loss in productivity.
A statement from Senator Sanders: Bill Gates, the founder of Microsoft, and Jamie Dimon, the CEO of JP Morgan Chase, predicted last year that advancements in technology would lead to a three or three-and-a-half-day workweek in the coming years. Despite these predictions, Americans now work more hours than the people of most other wealthy nations, but are earning less per week than they did 50 years ago, after adjusting for inflation.
"Sanders also pointed to other countries that have reduced their workweeks, such as France, Norway and Denmark," adds NBC News.

USA Today notes that "While Sanders' role as chair of the Senate Health, Education, Labor, and Pensions Committee places a greater focus on shortening the workweek, it is unlikely the bill will garner enough support from Republicans to become federal law and pass in both chambers."

And political analysts who spoke to ABC News "cast doubt on the measure's chances of passage in a divided Congress where opposition from Republicans is all but certain," reports ABC News, "and even the extent of support among Democrats remains unclear."
Social Networks

TikTok is Banned in China, Notes X User Community - Along With Most US Social Media (newsweek.com) 148

Newsweek points out that a Chinese government post arguing the bill is "on the wrong side of fair competition" was flagged by users on X. "TikTok is banned in the People's Republic of China," the X community note read. (The BBC reports that "Instead, Chinese users use a similar app, Douyin, which is only available in China and subject to monitoring and censorship by the government.")

Newsweek adds that China "has also blocked access to YouTube, Facebook, Instagram, and Google services. X itself is also banned — though Chinese diplomats use the microblogging app to deliver Beijing's messaging to the wider world."

From the Wall Street Journal: Among the top concerns for [U.S.] intelligence leaders is that they wouldn't even necessarily be able to detect a Chinese influence operation if one were taking place [on TikTok] due to the opacity of the platform and how its algorithm surfaces content to users. Such operations, FBI director Christopher Wray said this week in congressional testimony, "are extraordinarily difficult to detect, which is part of what makes the national-security concerns represented by TikTok so significant...."

Critics of the bill include libertarian-leaning lawmakers, such as Sen. Rand Paul (R., Ky.), who have decried it as a form of government censorship. "The Constitution says that you have a First Amendment right to express yourself," Paul told reporters Thursday. TikTok's users "express themselves through dancing or whatever else they do on TikTok. You can't just tell them they can't do that." In the House, a bloc of 50 Democrats voted against the bill, citing concerns about curtailing free speech and the impact on people who earn income on the app. Some Senate Democrats have raised similar worries, as well as an interest in looking at a range of social-media issues at rival companies such as Meta Platforms.

"The basic idea should be to put curbs on all social media, not just one," Sen. Elizabeth Warren (D., Mass.) said Thursday. "If there's a problem with privacy, with how our children are treated, then we need to curb that behavior wherever it occurs."

Some context from the Columbia Journalism Review: Roughly one-third of Americans aged 18-29 regularly get their news from TikTok, the Pew Research Center found in a late 2023 survey. Nearly half of all TikTok users say they regularly get news from the app, a higher percentage than for any other social media platform aside from Twitter.

Almost 40 percent of young adults were using TikTok and Instagram for their primary Web search instead of the traditional search engines, a Google senior vice president said in mid-2022 — a number that's almost certainly grown since then. Overall, TikTok claims 150 million American users, almost half the US population; two-thirds of Americans aged 18-29 use the app.

Some U.S. politicians believe TikTok "radicalized" some of their supporters "with disinformation or biased reporting," according to the article.

Meanwhile in the Guardian, a Duke University law professor argues "this saga demands a broader conversation about safeguarding democracy in the digital age." The European Union's newly enacted AI act provides a blueprint for a more holistic approach, using an evidence- and risk-based system that could be used to classify platforms like TikTok as high-risk AI systems subject to more stringent regulatory oversight, with measures that demand transparency, accountability and defensive measures against misuse.
Open source advocate Evan Prodromou argues that the TikTok controversy raises a larger issue: If algorithmic curation is so powerful, "who's making the decisions on how they're used?" And he also proposes a solution.

"If there is concern about algorithms being manipulated by foreign governments, using Fediverse-enabled domestic software prevents the problem."
Communications

FCC Scraps Old Speed Benchmark, Says Broadband Should Be at Least 100Mbps (arstechnica.com) 103

The Federal Communications Commission has voted to raise its Internet speed benchmark for the first time since January 2015, concluding that modern broadband service should provide at least 100Mbps download speeds and 20Mbps upload speeds. From a report: An FCC press release after today's 3-2 vote said the 100Mbps/20Mbps benchmark "is based on the standards now used in multiple federal and state programs," such as those used to distribute funding to expand networks. The new benchmark also reflects "consumer usage patterns, and what is actually available from and marketed by Internet service providers," the FCC said.

The previous standard of 25Mbps downstream and 3Mbps upstream lasted through the entire Trump era and most of President Biden's term. There has been a clear partisan divide on the speed standard, with Democrats pushing for a higher benchmark and Republicans arguing that it shouldn't be raised. The standard is partly symbolic but can indirectly impact potential FCC regulations. The FCC is required under US law to regularly evaluate whether "advanced telecommunications capability is being deployed to all Americans in a reasonable and timely fashion" and to "take immediate action to accelerate deployment" and promote competition if current deployment is not "reasonable and timely."

United States

SEC Approves Rule Requiring Some Companies To Report Greenhouse Gas Emissions (apnews.com) 27

The U.S. Securities and Exchange Commission on Wednesday approved a rule that will require some public companies to report their greenhouse gas emissions and climate risks, after last-minute revisions that weakened the directive in the face of strong pushback from companies. From a report: The rule was one of the most anticipated in recent years from the nation's top financial regulator, drawing more than 24,000 comments from companies, auditors, legislators and trade groups over a two-year process. It brings the U.S. closer to the European Union and California, which moved ahead earlier with corporate climate disclosure rules.

The SEC rule passed 3-2, with three Democratic commissioners supporting it and two Republicans opposed. Since the SEC proposed a rule two years ago, experts had said it was likely to face litigation almost immediately. SEC Chairman Gary Gensler, one of the Democrats, acknowledged that was a factor the agency considered as it worked toward a final rule. "We've seriously considered what people have said about our legal authorities," Gensler said on Wednesday.

AI

Public Trust In AI Is Sinking Across the Board 105

Trust in AI technology and the companies that develop it is dropping, in both the U.S. and around the world, according to new data from Edelman shared first with Axios. Axios reports: Globally, trust in AI companies has dropped to 53%, down from 61% five years ago. In the U.S., trust has dropped 15 percentage points (from 50% to 35%) over the same period. Trust in AI is low across political lines. Democrats trust in AI companies is 38%, independents are at 25% and Republicans at 24%. Tech is losing its lead as the most trusted sector. Eight years ago, technology was the leading industry in trust in 90% of the countries Edelman studies. Today, it is the most trusted in only half of countries.

People in developing countries are more likely to embrace AI than those in developed ones. Respondents in France, Canada, Ireland, UK, U.S., Germany, Australia, the Netherlands and Sweden reject the growing use of AI by a three-to-one margin, Edelman said. By contrast, acceptance outpaces resistance by a wide margin in developing markets such as Saudi Arabia, India, China, Kenya, Nigeria and Thailand.
"When it comes to AI regulation, the public's response is pretty clear: 'What regulation?'," said Edelman global technology chair Justin Westcott. "There's a clear and urgent call for regulators to meet the public's expectations head on."
The Courts

New Bill Would Let Defendants Inspect Algorithms Used Against Them In Court (theverge.com) 47

Lauren Feiner reports via The Verge: Reps. Mark Takano (D-CA) and Dwight Evans (D-PA) reintroduced the Justice in Forensic Algorithms Act on Thursday, which would allow defendants to access the source code of software used to analyze evidence in their criminal proceedings. It would also require the National Institute of Standards and Technology (NIST) to create testing standards for forensic algorithms, which software used by federal enforcers would need to meet.

The bill would act as a check on unintended outcomes that could be created by using technology to help solve crimes. Academic research has highlighted the ways human bias can be built into software and how facial recognition systems often struggle to differentiate Black faces, in particular. The use of algorithms to make consequential decisions in many different sectors, including both crime-solving and health care, has raised alarms for consumers and advocates as a result of such research.

Takano acknowledged that gaining or hiring the deep expertise needed to analyze the source code might not be possible for every defendant. But requiring NIST to create standards for the tools could at least give them a starting point for understanding whether a program matches the basic standards. Takano introduced previous iterations of the bill in 2019 and 2021, but they were not taken up by a committee.

Republicans

FCC Plans Shutdown of Affordable Connectivity Program As GOP Withholds Funding (arstechnica.com) 134

An anonymous reader quotes a report from Ars Technica: The Federal Communications Commission is about to start winding down a program that gives $30 monthly broadband discounts to people with low incomes, and says it will have to complete the shutdown by May if Congress doesn't provide more funding. The 2-year-old Affordable Connectivity Program (ACP) was created by Congress, and Democrats have been pushing for more funding to keep it going. But Republican members of Congress blasted the ACP last month, accusing the FCC of being "wasteful."

In a letter, GOP lawmakers complained that most of the households receiving the subsidy already had broadband service before the program existed. They threatened to withhold funding and criticized what they called the "Biden administration's reckless spending spree." The letter was sent by the highest-ranking Republicans on committees with oversight responsibility over the ACP, namely Sen. John Thune (R-SD), Sen. Ted Cruz (R-Texas), Rep. Cathy McMorris Rodgers (R-Wash.), and Rep. Bob Latta (R-Ohio). With no resolution in sight, the FCC announced that it would have to start sending out notices about the program's expected demise. "With less than four months before the projected program end date and without any immediate additional funding, this week the Commission expects to begin taking steps to start winding down the program to give households, providers, and other stakeholders sufficient time to prepare," the FCC said in an announcement yesterday.

The Biden administration has requested $6 billion to fund the program through December 2024. As of now, the FCC said it "expects funding to last through April 2024, running out completely in May." FCC Chairwoman Jessica Rosenworcel has repeatedly asked Congress for more ACP funding, and sent a letter (PDF) to lawmakers yesterday in which she repeated her plea. The chairwoman's letter said that 23 million households are enrolled in the discount program. [...] Rosenworcel warned that the impending ACP shutoff "would undermine the historic $42.5 billion Broadband Equity, Access, and Deployment Program," a different program created by Congress to subsidize ISPs' expansion of broadband networks throughout the US. The discount and deployment programs complement each other because "the ACP supports a stable customer base to help incentivize deployment in rural areas," Rosenworcel wrote.

Government

Biden Administration To Unveil Contractor Rule Set To Upend Gig Economy (reuters.com) 213

An anonymous reader quotes a report from Reuters: The administration of U.S. President Joe Biden will release a final rule as soon as this week that will make it more difficult for companies to treat workers as independent contractors rather than employees that typically cost a company more, an administration official said. The U.S. Department of Labor rule, which was first proposed in 2022 and is likely to face legal challenges, will require that workers be considered employees entitled to more benefits and legal protections than contractors when they are "economically dependent" on a company.

A range of industries will likely be affected by the rule, which will take effect later this year, but its potential impact on app-based services that rely heavily on contract workers has garnered the most attention. Shares of Uber, Lyft and DoorDash all tumbled at least 10% when the draft rule was proposed in October 2022. The rule is among regulations with the most far-reaching impacts issued by the Labor Department office that enforces U.S. wage laws, according to Marc Freedman, vice president at the U.S. Chamber of Commerce, the largest U.S. business lobby. But he said the draft version of the rule provides little guidance to companies on where to draw the line between employees and contractors. "Economic dependence is an elusive concept that in some cases may end up being defined by the eyes of the beholder," Freedman said.

The Labor Department in the proposed rule said it would consider factors such as a worker's "opportunity for profit or loss, investment, permanency, the degree of control by the employer over the worker, (and) whether the work is an integral part of the employer's business." The rule replaces a Trump administration regulation that said workers who own their own businesses or have the ability to work for competing companies, such as a driver who works for Uber and Lyft, can be treated as contractors. [...] The Biden administration has said the Trump-era rule violated U.S. wage laws and was out of step with decades of federal court decisions, and worker advocates have said a more strict standard was necessary to combat the rampant misclassification of workers in some industries.

United States

IRS To Begin Trial of Its Own Free Tax-Filing System (nytimes.com) 96

The Internal Revenue Service is rolling out a free option for filing federal tax returns this year to some residents of a dozen states. From a report: Last month, the agency published details of its plan to test an in-house filing system, in which taxpayers submit their federal tax returns directly to the agency online at no cost. Residents of 12 states are eligible to participate if they meet certain criteria. "This is a critical step forward for this innovative effort that will test the feasibility of providing taxpayers a new option to file their returns for free directly with the I.R.S.," Danny Werfel, the agency's commissioner, said in a recent statement.

While the direct filing system is starting on a limited basis, it has already faced some resistance, particularly from commercial tax-preparation companies. A spokeswoman for Intuit, Tania Mercado, criticized the direct file project as a "half-baked solution" and a waste of taxpayer money. "The direct file scheme is a solution in search of a problem," she said. Intuit makes the TurboTax tax preparation software. Democrats in Congress generally support the idea of free, direct filing, while Republicans contend that the idea, part of President Biden's plan to overhaul the I.R.S., would give the agency even more power over ordinary taxpayers.
US lawmakers said earlier this month that federal tax credits that Intuit received could have been better spent to build a free government alternative to Intuit's popular online tax preparation software TurboTax. The IRS estimates it would cost $64 million to $249 million annually for the agency to run a free-filing program. In the fiscal year ending in July 2023, Mountain View, California-based Intuit received $106 million in federal research and experimentation credits, which amounted to about 4% of its total R&D expenses, according to a regulatory filing.
Government

Biden Administration Unveils Hydrogen Tax Credit Plan To Jump-Start Industry (npr.org) 104

An anonymous reader quotes a report from NPR: The Biden administration released its highly anticipated proposal for doling out billions of dollars in tax credits to hydrogen producers Friday, in a massive effort to build out an industry that some hope can be a cleaner alternative to fossil fueled power. The U.S. credit is the most generous in the world for hydrogen production, Jesse Jenkins, a professor at Princeton University who has analyzed the U.S. climate law, said last week. The proposal -- which is part of Democrats' Inflation Reduction Act passed last year -- outlines a tiered system to determine which hydrogen producers get the most credits, with cleaner energy projects receiving more, and smaller, but still meaningful credits going to those that use fossil fuel to produce hydrogen.

Administration officials estimate the hydrogen production credits will deliver $140 billion in revenue and 700,000 jobs by 2030 -- and will help the U.S. produce 50 million metric tons of hydrogen by 2050. "That's equivalent to the amount of energy currently used by every bus, every plane, every train and every ship in the US combined," Energy Deputy Secretary David M. Turk said on a Thursday call with reporters to preview the proposal. [...] As part of the administration's proposal, firms that produce cleaner hydrogen and meet prevailing wage and registered apprenticeship requirements stand to qualify for a large incentive at $3 per kilogram of hydrogen. Firms that produce hydrogen using fossil fuels get less. The credit ranges from $.60 to $3 per kilo, depending on whole lifecycle emissions.

One contentious issue in the proposal was how to deal with the fact that clean, electrolyzer hydrogen draws tremendous amounts of electricity. Few want that to mean that more coal or natural gas-fired power plants run extra hours. The guidance addresses this by calling for producers to document their electricity usage through "energy attribute certificates" -- which will help determine the credits they qualify for. Rachel Fakhry, policy director for emerging technologies at the Natural Resources Defense Council called the proposal "a win for the climate, U.S. consumers, and the budding U.S. hydrogen industry." The Clean Air Task Force likewise called the proposal "an excellent step toward developing a credible clean hydrogen market in the United States."

Earth

Why the US Is Pumping More Oil Than Any Country in History (theatlantic.com) 207

The politics of solving climate change may, paradoxically, require producing more fossil fuels for a while. Roge Karma, writing for The Atlantic: By boosting domestic oil supply, the Biden administration seems to be contributing to the very problem it claims to want to solve. The reality is more complicated. "Pushing for reductions in U.S. oil production is like squeezing a balloon -- the production will 'pop out' somewhere else," writes Samantha Gross, an energy-and-climate expert at the Brookings Institution. The world's energy needs are growing rapidly, which means oil companies are going to supply it regardless of what the White House does. If the U.S. were to cut back tomorrow, prices would rise. In the short term, this would lead to less consumption and lower emissions. But those high prices would only entice producers in other countries to step in, as many did in the months after Russia's invasion.

For that reason, reductions in U.S. oil production could actually result in higher overall emissions. The U.S. has one of the least emissions-intensive oil industries on the planet. Shifting production to countries with looser standards would likely be worse for the climate. But the deeper explanation for the Biden administration's actions has to do with the politics of climate change. Put simply, pursuing a decarbonization agenda requires Biden to maintain political support, and there is no surer way to lose political support than by presiding over high gas prices. Biden's approval rating has tracked gas prices for most of his presidency (although he hasn't yet benefited from recent improvements), and the drop in prices in the months leading up to the 2022 midterms may have contributed to Democrats' unexpectedly strong performance in those elections. Plus, when the price of energy goes up, the price of everything else tends to rise as well, sparking further inflation.

Patents

White House Threatens Patents of High-Priced Drugs (apnews.com) 151

The Biden administration is threatening to cancel the patents of some costly medications to allow rivals to make their own more affordable versions. The Associated Press reports: Under a plan announced Thursday, the government would consider overriding the patent for high-priced drugs that have been developed with the help of taxpayer money and letting competitors make them in hopes of driving down the cost. In a 15-second video released to YouTube on Wednesday night, President Joe Biden promised the move would lower prices. "Today, we're taking a very important step toward ending price gouging so you don't have to pay more for the medicine you need," he said.

White House officials would not name drugs that might potentially be targeted. The government would consider seizing a patent if a drug is only available to a "narrow set of consumers," according to the proposal that will be open to public comment for 60 days. Drugmakers are almost certain to challenge the plan in court if it is enacted. [...] The White House also intends to focus more closely on private equity firms that purchase hospitals and health systems, then often whittle them down and sell quickly for a profit. The departments of Justice and Health and Human Services, and the Federal Trade Commission will work to share more data about health system ownership.

While only a minority of drugs on the market relied so heavily on taxpayer dollars, the threat of a government "march-in" on patents will make many pharmaceutical companies think twice, said Jing Luo, a professor of medicine at University of Pittsburgh. "If I was a drug company that was trying to license a product that had benefited heavily from taxpayer money, I'd be very careful about how to price that product," Luo said. "I wouldn't want anyone to take my product away from me."

The Courts

Sam Bankman-Fried Testifies, Says He 'Skimmed Over' FTX Terms of Service (arstechnica.com) 49

An anonymous reader quotes a report from Ars Technica: Sam Bankman-Fried took the stand in his criminal trial today in an attempt to avoid decades in prison for alleged fraud at cryptocurrency exchange FTX and its affiliate Alameda Research. [...] Some of the alleged fraud relates to how Alameda borrowed money from FTX. In testimony today, "Bankman-Fried said he believed that under FTX's terms of service, sister firm Alameda was allowed in many circumstances to borrow funds from the exchange," the WSJ wrote. Bankman-Fried reportedly said the terms of service were written by FTX lawyers and that he only "skimmed" certain parts. "I read parts in depth. Parts I skimmed over," Bankman-Fried reportedly said after [U.S. District Judge Lewis Kaplan] asked if he read the entire terms of service document.

Sassoon asked Bankman-Fried if he had "any conversations with lawyers about Alameda spending customer money that was deposited into FTX bank accounts," according to Bloomberg's live coverage. "I don't recall any conversations that were contemporaneous and phrased that way," Bankman-Fried answered. "I had so many conversations with lawyers later when we were trying to reconcile things in November 2022," Bankman-Fried also said. "There were conversations around Alameda being used as a payment processor, a payment agent for FTX. I frankly don't recall conversations with lawyers or otherwise about the usage of the funds or the North Dimension accounts." North Dimension was an Alameda subsidiary. The Securities and Exchange Commission has alleged that "Bankman-Fried directed FTX to have customers send funds to North Dimension in an effort to hide the fact that the funds were being sent to an account controlled by Alameda." [...]

In an overview of the alleged crimes, the indictment said Bankman-Fried "misappropriated and embezzled FTX customer deposits and used billions of dollars in stolen funds... to enrich himself; to support the operations of FTX; to fund speculative venture investments; to help fund over a hundred million dollars in campaign contributions to Democrats and Republicans to seek to influence cryptocurrency regulation; and to pay for Alameda's operating costs." He was also accused of making "false and fraudulent statements and representations to FTX's investors and Alameda's lenders."
SBF's legal team decided that he would take the stand in his own defense -- a risky decision by legal observers as he will have to face cross-examination from federal prosecutors. In a rather unusual move, Judge Kaplan sent the jury home for a day to conduct a hearing on whether certain parts of Bankman-Fried's testimony are admissible.

During his testimony, Bankman-Fried discussed various aspects of the case, including FTX's terms of service, loans from Alameda to him and other executives, a hack into FTX, and his use of the encrypted messaging service Signal. Live paywall-free updates of the trial are available here.
Social Networks

New York Seeks To Limit Social Media's Grip On Children's Attention (nytimes.com) 23

An anonymous reader quotes a report from the New York Times: New York State officials on Wednesday unveiled a bill to protect young people from potential mental health risks by prohibiting minors from accessing algorithm-based social media feeds unless they have permission from their parents. Gov. Kathy Hochul and Letitia James, the state attorney general, announced their support of new legislation to crack down on the often inscrutable algorithms, which they argue are used to keep young users on social media platforms for extended periods of time -- sometimes to their detriment. If the bill is passed and signed into law, anyone under 18 in New York would need parental consent to access those feeds on TikTok, Instagram, Facebook, YouTube, X and other social media platforms that use algorithms to display personalized content. While other states have sought far-reaching bans and measures on social media apps, New York is among a few seeking to target the algorithms more narrowly.

The legislation, for example, would target TikTok's central feature, its ubiquitous "For You" feed, which displays boundless reams of short-form videos based on user interests or past interactions. But it would not affect a minor's access to the chronological feeds that show posts published by the accounts that a user has decided to follow. The bill would also allow parents to limit the number of hours their children can spend on a platform and block their child's access to social media apps overnight, from midnight until 6 a.m., as well as pause notifications during that time.

The bill in New York, which could be considered as soon as January when the 2024 legislative session begins, is likely to confront resistance from tech industry groups. The bill's sponsors, State Senator Andrew Gounardes and Assemblywoman Nily Rozic, said they were readying for a fight. But Ms. Hochul's enthusiastic support of the bill -- she rarely joins lawmakers to introduce bills -- is a sign that it could succeed in the State Capitol, which Democrats control. A second bill unveiled on Wednesday is meant to protect children's privacy by prohibiting websites from "collecting, using, sharing, or selling personal data" from anyone under 18 for the purpose of advertising, unless they receive consent, according to a news release. Both bills would empower the state attorney general to go after platforms found in violation.

United States

US Science Agencies on Track To Hit 25-Year Funding Low (nature.com) 108

Lawmakers in the United States last year passed bipartisan legislation intended to maintain US competitiveness with countries such as China by boosting funding for science and innovation. But concerns are mounting that the US Congress will fail to deliver on its promises. From a report: The money allotted to a handful of major US science agencies that had been targeted for a budget boost is likely to fall short of the legislation's goals by more than US$7 billion in 2024, according to a report. And overall funding for those agencies will continue to hover at a 25-year low.

"We're leaving scientific opportunities on the table," says Matt Hourihan, who led the analysis for the Federation of American Scientists, an advocacy group based in Washington DC. "If we drop this ball, others will be happy to pick it up." It was precisely this fear that drove members of Congress to come together to pass the CHIPS and Science Act of 2022. The legislation promised one of the largest increases in US science funding in a long time, totalling some $280 billion over five years. Much of the spending mandated by the bill was focused on semiconductor research and manufacturing -- areas in which other countries, particularly China, have dominated. Lawmakers also authorized investments in other science and innovation programmes, but these were not mandated, and need to be approved by Congress during an appropriations process each year.

That process has become increasingly contentious as political polarization in the United States has risen over the past few decades. Disputes about overall spending levels and funding for various social programmes have led to repeated delays in crafting the annual budget, at times forcing the government to shut down. This year is a prime example: Republicans, who control the US House of Representatives, blocked legislation that would have allowed the government to increase the federal debt limit and pay its bills, until they were able to secure an agreement with the Democrats in May to limit spending. And last month, a handful of extreme right-wing Republicans sought to close the government down as they pushed for further spending cuts.

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