Drone Operator Sues North Carolina Over Its First Amendment-Violating Surveyor Licensing Laws
from the propping-up-the-good-old-boys-at-the-expense-of-people's-rights dept
It's always a problem when a private citizen starts horning in on the government's racket. The government has plenty of rackets and likes them to stay in their possession, undisturbed and unthreatened.
When the government feels threatened, it starts making threats. And, since it has almost all the power, its threats usually work. But sometimes it gets sued. That's what's happening here: a government regulatory body has decided the incumbent interests it has propped up for years is more important than little things like the First Amendment.
A drone operator in North Carolina is suing the state because it claims he can't fly drones over land and take pictures without the proper license. It's not a commercial drone operator license. (He has that.) It's a license that basically says the government has given him permission to photograph the land underneath the drones his company operates. (h/t Techdirt reader Vidiot)
Here's the impetus of the lawsuit being brought by photographer Michael Jones, as summarized by Miriam McNabb of Drone Life:
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And this decision is unlikely to disrupt legitimate law enforcement activity, no matter what the township may claim will be the result of forbidding these unmanned flights over private property.
Our holding today is highly unlikely to preclude any legitimate governmental inspection or enforcement action short of outright “fishing expeditions.” If a governmental entity has any kind of nontrivial and objective reason to believe there would be value in flying a drone over a person’s property, as did plaintiff here, then we trust the entity will probably be able to persuade a court to grant a warrant or equivalent permission to conduct a search.
That's the risk the government takes when it decides to take its chances on unsettled case law. Sometimes the settling of the law results in a win for the governed. If government agencies want to fly drones over private property in this state, they'll need more judicial input than the Long Lake Township chose to seek in this case.
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Last sentence first: This is not Congress trying to fix the "problems" of social media. This is Congress wanting to grandstand on social media while pretending to do real work . . .
Why Did Not A Single Representative Want To Discuss Jack Dorsey's Plans For Dealing With Disinformation?
from the they-don't-care-about-actual-solutions dept
As I'm sure most people are aware, last week, the House Energy & Commerce Committee held yet another hearing on "big tech" and its content moderation practices. This one was ostensibly on "disinformation," and had Facebook's Mark Zuckerberg, Google's Sundar Pichai, and Twitter's Jack Dorsey as the panelists. It went on for five and a half hours which appears to be the norm for these things. Last week, I did write about both Zuckerberg and Pichai's released opening remarks, in which both focused on various efforts they had made to combat disinfo. Of course, the big difference between the two was that Zuckerberg then suggested 230 should be reformed, while Pichai said it was worth defending.
If you actually want to watch all five and a half hours of this nonsense, you can do so here:
As per usual -- and as was totally expected -- you got a lot more of the same. You had very angry looking Representatives practically screaming about awful stuff online. You had Democrats complaining about the platforms failing to take down info they disliked, while just as equally angry Republicans complained about the platforms taking down content they liked (often this was the same, or related, content). Amusingly, often just after saying that websites took down content they shouldn't have (bias!), the very same Representatives would whine "but how dare you not take down this other content." It was the usual mess of "why don't you moderate exactly the way I want you to moderate," which is always a silly, pointless activity. There was also a lot of "think of the children!" moral panic.
However, Jack Dorsey's testimony was somewhat different than Zuckerberg's and Pichai's. While it also talks somewhat about how Twitter has dealt with disinformation, his testimony actually went significantly further in noting real, fundamental changes that Twitter is exploring that go way beyond the way most people think about this debate. Rather than focusing on the power that Twitter has to decide how, who, and what to moderate, Dorsey's testimony talked about various ways in which they are seeking to give more control to end users themselves and empower those end users, rather than leaving Twitter as the final arbiter. He talked about "algorithmic choice" so that rather than having Twitter controlling everything, different users could opt-in to different algorithmic options, and different providers could create their own algorithmic options. And he mentioned the Bluesky project, and potentially moving Twitter to a protocol-based system, rather than one that Twitter fully controls.
Twitter is also funding Bluesky, an independent team of open source architects, engineers, and designers, to develop open and decentralized standards for social media. This team has already created an initial review of the ecosystem around protocols for social media to aid this effort. Bluesky will eventually allow Twitter and other companies to contribute to and access open recommendation algorithms that promote healthy conversation and ultimately provide individuals greater choice. These standards will support innovation, making it easier for startups to address issues like abuse and hate speech at a lower cost. Since these standards will be open and transparent, our hope is that they will contribute to greater trust on the part of the individuals who use our service. This effort is emergent, complex, and unprecedented, and therefore it will take time. However, we are excited by its potential and will continue to provide the necessary exploratory resources to push this project forward.
All of these were showing that Dorsey and Twitter are thinking about actual ways to deal with many of the complains that our elected officials insist are the fault of social media -- including the fact that no two politicians seem to agree one what is the "proper" level of moderation. By moving to something like protocols and algorithmic choice, you could allow different individuals, groups, organizations and others to set their own standards and rules.
And, yes, I'm somewhat biased here, because I have suggested this approach (as have many others). That doesn't mean I'm convinced it will absolutely work, but I do think it's worth experimenting with.
And what I had hoped was that perhaps, if Congress were actually interested in solving the perceived problems they declared throughout the hearing, then they would perhaps explore these initiatives, and ask Jack to explain how they might impact questions around disinformation or harm or "censorship" or "think of the children." Because there are lots of interesting discussions to be had over whether or not this approach will help deal with many of those issues.
But as far as I can tell not one single elected official ever asked Jack about any of this. Not one. Now, I will admit that I missed some of the hearing to take a few meetings, but I asked around and others I know who watched the entire thing through could not recall it coming up beyond Jack mentioning it a few times during the hearing.
What I did hear a lot of, however, was members of the House insisting, angrily (always angrily), that none of the CEOs presenting were willing to "offer solutions" and that's why "Congress must and will act!"
All it did was drive home the key idea that this was not a serious hearing in which Congress hoped to learn something. This was yet another grandstanding dog and pony show where Congressional members got to get their clips and headlines they can put on the very same social media platforms they insist are destroying America. But when they demanded to hear "solutions" to the supposed problems they raised, and when one of the CEOs on the panel put forth some ideas on better ways to approach this... every single one of those elected officials ignored it. Entirely. Over five and a half hours, and not one asked him to explain what he meant, or to explore how it might help.
This is not Congress trying to fix the "problems" of social media. This is Congress wanting to grandstand on social media while pretending to do real work . . .
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Journalism Forces Wireless Industry To Belatedly Fix Text Message Flaw That Let Hackers Access Your Data For $16
from the don't-try-too-hard dept
It's not sure why journalists keep having to do the wireless industry's job, yet here we are.
Sometime around mid-march, Motherboard reporter Joseph Cox wrote a story explaining how he managed to pay a hacker $16 to gain access to most of his online accounts. How? The hacker exploited a flaw in the way text messages are routed around the internet, paying a third party (with pretty clearly flimsy standards for determining trust) to reroute all of his text messages, including SMS two factor authentication. From there, it was relatively trivial to break into several of the journalist's accounts, including Bumble, Whatsapp, and Postmates.
It's a flaw the industry has apparently known about for some time, but they only decided to take action after the story made the rounds. This week, all major wireless carriers indicated they'd be taking significant steps to the way text messages are routed to take aim at the flaw:
"The Number Registry has announced that wireless carriers will no longer be supporting SMS or MMS text enabling on their respective wireless numbers," the March 25 announcement from Aerialink, reads. The announcement adds that the change is "industry-wide" and "affects all SMS providers in the mobile ecosystem."
"Be aware that Verizon, T-Mobile and AT&T have reclaimed overwritten text-enabled wireless numbers industry-wide. As a result, any Verizon, T-Mobile or AT&T wireless numbers which had been text-enabled as BYON no longer route messaging traffic through the Aerialink Gateway," the announcement adds, referring to Bring Your Own Number."
It's a welcome move, but it's also part of a trend where journalists making a pittance somehow routinely have to prompt an industry that makes billions of dollars a year to properly secure their networks. It's not much different from the steady parade of SIM swapping attacks that plagued the industry for years, only resulting in substantive action by the sector after reporters began documenting how common it was (and big name cryptocurrency investors had millions of dollars stolen). It was another example of how two factor authentication over text messages isn't genuinely secure. . .
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More > "Constitionalists"
Parler Forced To Explain The First Amendment To Its Users After They Complain About Parler Turning Over Info To The FBI
from the delicious dept
Parler -- the social media cesspool that claimed the only things that mattered to it were the First Amendment and, um… FCC standards -- has reopened with new web hosting after Amazon decided it no longer wished to host the sort of content Parler has become infamous for.
Parler has held itself up to be the last bastion of the First Amendment and a protector of those unfairly persecuted by left-wing tech companies. The users who flocked to the service also considered themselves free speech absolutists. But like far too many self-ordained free speech "absolutists," they think the only speech that should be limited is moderation efforts by companies like Twitter and Facebook.
And, like a lot of people who mistakenly believe the First Amendment guarantees them access to an active social media account, a lot of Parler users don't seem to understand the limits of First Amendment protections . . .
Parler Forced To Explain The First Amendment To Its Users After They Complain About Parler Turning Over Info To The FBI
from the delicious dept
Parler -- the social media cesspool that claimed the only things that mattered to it were the First Amendment and, um… FCC standards -- has reopened with new web hosting after Amazon decided it no longer wished to host the sort of content Parler has become infamous for.
Parler has held itself up to be the last bastion of the First Amendment and a protector of those unfairly persecuted by left-wing tech companies. The users who flocked to the service also considered themselves free speech absolutists. But like far too many self-ordained free speech "absolutists," they think the only speech that should be limited is moderation efforts by companies like Twitter and Facebook.
And, like a lot of people who mistakenly believe the First Amendment guarantees them access to an active social media account, a lot of Parler users don't seem to understand the limits of First Amendment protections. Parler, like every other social media service, has had to engage in moderation efforts that removed content undeniably protected by the First Amendment but that it did not want to host on its platform. It has also had to remove illegal content and that's where its most recent troubles began.
Over the weekend, the resurrected Parler crossed over into meta territory, resulting in an unintentionally hilarious announcement to its aggrieved users upset about the platform's decision to forward Capitol riot related posts to law enforcement. It really doesn't get any better than this in terms of schadenfreude and whatever the German word is for an ad hoc group of self-proclaimed First Amendment "experts" having their second favorite right explained to them.
Here's Matt Binder for Mashable:
The reaction to the news that Parler "colluded" with the FBI in order to report violent content was so strong on the right wing platform, the company was compelled to release a statement addressing those outraged users.
In doing so, Parler found itself unironically explaining the First Amendment to its user base filled with members who declare themselves to be "Constitutionalists" and "Free Speech" advocates.
Parler's statement spells it out: the First Amendment does not protect the speech shared with law enforcement by the social media platform.
In reaction to yesterday's news stories, some users have raised questions about the practice of referring violent or inciting content to law enforcement. The First Amendment does not protect violence inciting speech, nor the planning of violent acts. Such content violates Parler’s TOS. Any violent content shared with law enforcement was posted publicly and brought to our attention primarily via user reporting. And, as it is posted publicly, it can properly be referred to law enforcement by anyone. Parler remains steadfast in protecting your right to free speech.
That's a very concise and accurate reading of the First Amendment and how it applies to the content Parler forwarded to the FBI. It's not covered. But that hasn't stopped a few vocal complainants from telling Parler to try reading the Constitution again and, apparently, decide it means not only hosting violent content, but refusing to pass these threats on to law enforcement.
The core user base being unable to understand the limits of the right it believes allows it to say anything anywhere is partially a byproduct of Parler's promise to erect a Wild West internet playground for bigots and chauvinists who had nowhere else to
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