The Courts

Supreme Court Rejects Ohio Man's Bid To Sue Police Over Arrest of Facebook Parody (nbcnews.com) 83

An anonymous reader quotes a report from NBC News: The Supreme Court on Tuesday turned away an Ohio man's claim that his constitutional rights were violated when he was arrested and prosecuted for making satirical posts about his local police department on Facebook. The justices' rejection of Anthony Novak's appeal means his civil rights lawsuit against the Parma Police Department cannot move forward. With its decision, the court again declined to consider revisiting "qualified immunity," the contentious legal defense that lets police officers and other government officials off the hook in civil rights cases if constitutional violations have not been "clearly established" when they occur. At issue was whether a lower court correctly granted the police officers qualified immunity under the rationale that previous court precedent had not clearly established that Novak's actions constituted protected speech under the Constitution's First Amendment.

In March 2016, Novak set up a Facebook page that purported to be that of the Parma Police Department. He published six satirical posts in 12 hours, one of which claimed there was a job opening to which minorities were encouraged not to apply and another that warned people not to give food, money or shelter to homeless people. The police department, claiming the posts had disrupted its operations, launched an investigation and ultimately searched Novak's apartment, arrested him and jailed him for four days. Novak was charged under a state law that criminalizes disruption of police operations but acquitted at trial.

The police officers, Kevin Riley and Thomas Connor, say they had probable cause to arrest Novak because they genuinely believed his conduct was disrupting their operations. Novak sued the officers and the police department, saying they had violated his free speech rights, as well as his right to be free of unlawful searches and seizures under the Constitution's Fourth Amendment. After lengthy litigation, a federal judge dismissed Novak's claims. The Cincinnati-based 6th U.S. Circuit Court of Appeals agreed in a ruling in April that "the officers reasonably believed they were acting within the law" even if his Facebook page was obviously a parody. That's because there was no court precedent saying it's a violation of the Constitution to be arrested in retaliation for satirical remarks when the officers have probable cause, the court said.
Novak's appeal was backed by satirical news sites The Babylon Bee and The Onion, which filed a lighthearted brief saying its writers "have a self-serving interest in preventing political authorities from imprisoning humorists."
China

China Tells Big Tech Companies Not To Offer ChatGPT Services (nikkei.com) 28

Regulators have told major Chinese tech companies not to offer ChatGPT services to the public amid growing alarm in Beijing over the AI-powered chatbot's uncensored replies to user queries. From a report: Tencent Holdings and Ant Group, the fintech affiliate of Alibaba Group Holding, have been instructed not to offer access to ChatGPT services on their platforms, either directly or via third parties, people with direct knowledge of the matter told Nikkei Asia. Tech companies will also need to report to regulators before they launch their own ChatGPT-like services, the sources added.

ChatGPT, developed by Microsoft-backed startup OpenAI, is not officially available in China but some internet users have been able to access it using a virtual private network (VPN). There have also been dozens of "mini programs" released by third-party developers on Tencent's WeChat social media app that claim to offer services from ChatGPT. Under regulatory pressure, Tencent has suspended several such third-party services regardless of whether they were connected to ChatGPT or were in fact copycats, people familiar with the matter told Nikkei. This is not the first time that China has blocked foreign websites or applications. Beijing has banned dozens of prominent U.S. websites and apps. Between 2009 and 2010, it moved to block Google, Facebook, YouTube, and Twitter. Between 2018 and 2019, it instituted bans on Reddit and Wikipedia.

Facebook

Meta Plans To Cut Thousands of Jobs (washingtonpost.com) 45

Facebook parent company Meta is preparing for a fresh round of job cuts, deputizing human resources, lawyers, financial experts and top executives to draw up plans to deflate the company's hierarchy, in a reorganization and downsizing effort that could affect thousands of workers. From a report: Meta plans to push some leaders into lower-level roles without direct reports, flattening the layers of management between Meta CEO Mark Zuckerberg and the company's interns, according to a person familiar with the matter who spoke on the condition of anonymity because they were not authorized to speak on about internal matters. Other managers may end up overseeing a higher number of employees as their teams grow bigger. Some inside Meta expect employees whose jobs have been converted to eventually quit, trimming the company's workforce by default. In addition to targeting managers, the company is also considering more traditional cuts, including slashing some projects and jobs, the person said. These efforts, which are targeted at divisions across the company and around the world, may not happen on a single day, but will likely roll out across the company in the coming months.
EU

Brussels Sets Out To Fix the GDPR (politico.eu) 64

The European Union is (finally) coming to grips with the dysfunctionalities of its most famous tech law of all: the General Data Protection Regulation. From a report: The European Commission will propose a new law before the summer that's aimed at improving how EU countries' privacy regulators enforce the GDPR, a newly published page on its website showed. Adopted in 2016, the privacy rulebook was a watershed moment in global tech regulation, forcing companies to abide by new standards such as asking for consent to collect people's data online against threats of hefty fines of up to 4 percent of global annual turnover. The law effectively became European officials' poster child of powerful legislation coming out of Brussels. But five years after EU data protection authorities started their job, as GDPR entered into force, activists, experts and some national privacy watchdogs have become frustrated at what they see as an inefficient system to tackle major cases, especially from Big Tech companies.

Most notably, critics have lamented the powerful role that the Irish Data Protection Commission has under the so-called one-stop shop rule, which directs most major investigations to run through the Irish system because tech companies like Meta, Google, Apple and others have set up their European homes there. Under the GDPR, tech companies are overseen by the national regulator in the EU country where they are headquartered. Ireland and, to a lesser extent, Luxembourg, where Amazon's EU headquarters is based, have faced mounting criticism in recent years for lax enforcement, which they deny. The Irish data authority in recent months imposed some major multimillion-euro fines to sanction GDPR infringements from Meta, the parent company of Instagram and Facebook. Now, a new EU regulation that is expected in the second quarter of 2023 wants to set clear procedural rules for national data protection authorities dealing with cross-border investigations and infringements. The law "will harmonize some aspects of the administrative procedure" in cross-border cases and " support a smooth functioning of the GDPR cooperation and dispute resolution mechanisms," the Commission wrote.

Facebook

Meta Announces Paid Subscriptions Offering Extra Verification, Promotion, Protection, Support (fb.com) 98

Long-time Slashdot reader destinyland writes: Meta announced a new $11.99-a-month subscription service on Sunday (or $14.99-a-month for Android and iOS). For your money you mainly get the privilege of authenticating your own account with a government ID, so that it can then display the official "verified" badge. (Accounts must have a prior posting history, with account holders verified to be at least 18 years old.)

Meta promises they won't change already-verified Facebook and Instagram accounts — at least, not "as we test and learn." But they immediately follow that sentence by warning that in the longer-term they're "evolving the meaning" of verification, aiming to making everyone want to subscribe. Meta calls this "expanding access."

Paying subscribers will also get:

— Protection from account impersonation (at a higher level that's apparently not made available to non-paying members), including "proactive account monitoring".

— "Help when you need it with access to a real person for common account issues."

— Exclusive "stickers" for Facebook and Instagram Stories and Facebook Reels, plus 100 free Facebook "stars" each month "so you can show your support for other creators."


But most importantly, Meta is also promising to grant "increased visibility and reach" to paying members, promising "prominence" in parts of the service (including search, recommendations, and in comments). Although a footnote warns this may vary — depending on what you're trying to post about — and all content "will be treated according to our existing guidelines for recommendations on Instagram or Facebook and our Content Guidelines."

George Takei once calculated roughly 80% of your friends never see the things you post on Facebook. But now Facebook is deliberately evolving into a two-tiered system where some will always be relegated to less-likely-to-be-seen status, always outshined by wealthier friends with $144 a year to spend on upgrading their Facebook accounts.

The internet already has a two-tiered system for news, where the best news articles are only available to those with the funds to climb over multiple paywalls. But now even the lower tier of discourse — all that non-journalistic content floating around Facebook — will transform from a pool of burbling anger and misinformation into something worse. It's like Facebook's algorithm went from promoting just the most divisive content to promoting content from whoever most desires to foist their ideas onto other people. This may not end well.

Is it just me, or does this seem like a desperate grab for money?

— They're monetizing Meta's inability to stop account impersonators.

— Their announcement admits that "access to account support" remains a top request of their creators. Yet paying members are apparently more likely to get it than non-paying members. Maybe that can be their new marketing slogan. "Help when you need it — sold separately."

— This is happening. It becomes available for purchase this week on Instagram or Facebook in Australia and New Zealand.

United States

FTC Launches New Office to Investigate Tech Companies, Seeks Tech Researchers (msn.com) 10

America's Federal Trade Commission "has long been dwarfed by Silicon Valley titans like Google and Apple, each staffed with thousands of engineers and technologists," notes the Washington Post.

"But FTC leaders are hoping combining and expanding their forces into a dedicated tech unit will help them keep up with the rapid advancements across the industry — and to keep it in check." The creation of the office will increase the number of technologists on staff by roughly a dozen, up from the current 10 — more than doubling the agency's capacity, officials said. In an exclusive interview announcing the move, FTC Chief Technology Officer Stephanie Nguyen said the unit will work with teams across the agency's competition and consumer protection bureaus to investigate potential misconduct and bring cases against violators. "Actually being able to have staff internally to approach these matters and help with subject matter expertise is critical," said Nguyen, who will lead the office.

The announcement arrives at a critical juncture. Federal regulators are dialing up investigations into tech behemoths like Amazon and waging blockbuster legal battles against Microsoft and Facebook parent company Meta. While Nguyen declined to discuss specific probes or cases, she said the new technology office will work directly on both the agency's investigative and enforcement efforts to "strengthen and support our attorneys" as they look to tackle alleged abuses across the economy. "The areas ... we will focus on is to work on cases," she said.... Nguyen said, the new team of technologists could help the agency refine the subpoenas it issues companies to get at the heart of their business models, or to strike a settlement that gets closer to "the root cause of the harm" taking place.

Republican Commissioner Christine Wilson, who Tuesday announced plans to resign "soon," voted in favor of creating the office, joining with the other commissioners in a unanimous vote.

The office's core mission will have three key areas, reports FedScoop: "strengthening and supporting law enforcement investigations, advising commission staff on policy and research initiatives, and highlighting market trends."

"For more than a century, the FTC has worked to keep pace with new markets and ever-changing technologies by building internal expertise," FTC Chair Lina Khan said. "Our office of technology is a natural next step in ensuring we have the in-house skills needed to fully grasp evolving technologies and market trends as we continue to tackle unlawful business practices and protect Americans."

Read on for more details about the new office.
Facebook

'OG Mark' Returns at Meta as Facebook Parent Gives Thousands of Staff Subpar Reviews (wsj.com) 81

Facebook parent Meta gave thousands of employees subpar ratings in a recently concluded round of performance reviews, a signal that more job cuts may be on the way, WSJ reported Friday, citing people familiar with the matter. From the report: The company also cut a bonus metric, the people said, one of several steps senior executives are taking after Chief Executive Mark Zuckerberg declared 2023 would be a "year of efficiency." Meta's leadership expects the ratings to lead more employees to leave in the coming weeks, the people said. The company will consider another round of layoffs if not enough depart, the people said.

About 11,000 workers, or about 13% of employees at the company, were recently laid off. Meta managers gave approximately 10% of employees ratings indicating they are underperforming, the people said. That proportion wasn't unprecedented in the years before the pandemic. But Meta's employee count nearly doubled from 2019 to 2022, to 86,400, and about half its workers had never experienced a typical performance-review cycle at the company, several people familiar with the matter said. The recently wrapped performance reviews were seen as a return to form for Mr. Zuckerberg, who before the pandemic had developed a reputation for delivering direct feedback to workers, people familiar with the process said.

Businesses

Inside Meta's Push To Solve the Noisy Office (wsj.com) 85

Coming to the campuses of Facebook parent Meta Platforms is a contraption that can block sound, shield workers from their peers and allow for heads-down, uninterrupted work. It's a cubicle. From a report: That is, a noise-canceling cubicle designed using some of the same principles found in soundproof, echo-free anechoic chambers. "The Cube," which the company is beginning to roll out to offices worldwide after months of development, absorbs sound from multiple directions, says John Tenanes, vice president of global real estate and facilities at Meta. "It's like a self-cocoon."

Meta's experiment comes as workplaces are in the midst of a shake-up. Like many other employers, Meta realized early in the pandemic that its open-plan arrangements would need to shift to accommodate a new hybrid era of work. In 2021, it asked 10 groups of architects, design firms and furniture manufacturers-- including MillerKnoll's Herman Miller, KI and others -- to build a new office set-up. They were given guiding principles to follow and eight weeks to do it. [...] The Cube began to take shape, in part, after one of Meta's furniture vendors brought in an early prototype of a movable screen. Engineers quickly gravitated to it, grabbing one or two at a time to essentially barricade themselves at their desks, Dr. Nagy says. Meta and its vendors refined the Cube, and its popularity became even more apparent during testing when workers began personalizing the spaces to effectively reserve them.

China

ChatGPT Lookalikes Proliferate in China (bloomberg.com) 10

ChatGPT is big in China, even though it's not officially available there. From a report: China's obsession with ChatGPT runs deeper than curiosity. Search giant Baidu is preparing to launch its own competitor, Ernie Bot, in March. It'll embed the tool initially into its search services and smart speakers. Amid the fervor, Alibaba, NetEase and Tencent each promised similar initiatives in the span of a few days, stirring Chinese tech stocks from a years-long slump. The government in Beijing, where Baidu is based, has vowed to give more support to such efforts.

This is the first time in probably more than a decade that Chinese internet firms are all racing to adopt, localize and perhaps advance a Silicon Valley invention on the level of Google, Facebook or YouTube. Microsoft's Bing and Alphabet's Google -- which showed its own artificial-intelligence search assistant called Bard -- appear to have an early lead. But both products exhibit many flaws. Rolling the services out too soon could create problems for Bing and Google. Doing so in China could be disastrous. Appeasing the country's complex censorship machine is difficult enough for search and social media companies. Trying to keep a malleable AI bot in check is a new kind of challenge.

Facebook

Instagram is Killing Live Shopping in March (techcrunch.com) 4

As Meta gears up for its "year of efficiency," the company announced today it's exiting the livestream shopping business on Instagram, following a similar shutdown on Facebook. From a report: Starting on March 16, 2023, Instagram users will no longer be able to tag products while livestreaming -- a capability that has been broadly available to U.S. businesses and creators since 2020. The changes highlight the difficulties the U.S. market has had in making livestream shopping successful. The activity is already hugely popular activity in Asian markets, including China where apps like WeChat, Taobao Live and Douyin (China's TikTok) have proven live shopping to be a popular and profitable endeavor. As the pandemic raged across the globe, many U.S. businesses looked to adopt live shopping as well, to help boost their own online retail revenues. Before too long, pundits were calling live shopping the "future of e-commerce," citing the early traction businesses like TalkShopLive, NTWRK, Brandlive, and others in the space had gained, alongside adoption from big tech companies like Meta, Amazon, and YouTube.
Facebook

Meta Plans More Job Cuts, Report Says (engadget.com) 42

Facebook parent company Meta reportedly plans to further reduce its headcount in the coming weeks. From a report: According to the Financial Times, work at the tech giant has slowed to a crawl while it plots a new round of job cuts. Meta is likely to announce the restructuring after it has completed staff performance reviews sometime in March. In November, the company laid off 11,000 employees or about 13 percent of its global workforce. Those cuts were the largest in Meta's nearly 20-year history, affecting every organization within the company.
AI

Bing 'Hallucinated' the Winner of the Super Bowl Four Days Before it Happened (apnews.com) 74

On Wednesday the Associated Press tested the new AI enhancements to Microsoft's search engine Bing, asking it "for the most important thing to happen in sports over the past 24 hours — with the expectation it might say something about basketball star LeBron James passing Kareem Abdul-Jabbar's career scoring record.

"Instead, it confidently spouted a false but detailed account of the upcoming Super Bowl — days before it's actually scheduled to happen." "It was a thrilling game between the Philadelphia Eagles and the Kansas City Chiefs, two of the best teams in the NFL this season," Bing said. "The Eagles, led by quarterback Jalen Hurts, won their second Lombardi Trophy in franchise history by defeating the Chiefs, led by quarterback Patrick Mahomes, with a score of 31-28." It kept going, describing the specific yard lengths of throws and field goals and naming three songs played in a "spectacular half time show" by Rihanna.

Unless Bing is clairvoyant — tune in Sunday to find out — it reflected a problem known as AI "hallucination" that's common with today's large language-learning models. It's one of the reasons why companies like Google and Facebook parent Meta had been reluctant to make these models publicly accessible.

The Military

US Army Officer Reply-All Email Chain Causes Pandemonium (military.com) 68

An anonymous officer writes in an opinion piece via Military.com: It was the "reply-all" heard around the world. Around 06:30 Eastern time Feb. 2, approximately 13,000 Army inboxes pinged with an email from an unfamiliar sender. It was from a U.S. Army captain, asking to be removed from a distribution list. It initially seemed as though some unfortunate soul had inadvertently hit "reply-all" and made an embarrassing mistake. What followed can really be described only as professional anarchy, as thousands of inboxes became buried in an avalanche of email replies. Someone appears to have unwittingly edited an email distribution list, entitled "FA57 Voluntary Transfer Incentive Program," routing replies back to the entire list.

Most Army officers receive emails from human resources managers from time to time, usually sent using the blind copy (BCC) address line with replies routed to specific inboxes, preventing someone from accidentally triggering the mayhem that unfolded Feb. 2. The voluntary incentive program list, however, hadn't been so prudently designed and, in addition to 13,000 Army captains and some newly promoted majors, a single chief warrant officer, a Space Force captain and a specialist began to have their inboxes groan under the weight of inbound traffic. Within a few short hours of the initial email, predictable hilarity ensued. Hundreds of Army captains were sending emails asking to be removed from the distro list. In short order, hundreds of other captains replied, demanding that everyone stop hitting "reply-all" and berating their peers' professionalism (oblivious to the fact that they were also part of the problem). Many others found humor in the event, writing poems, sending memes and adding snarky comments to the growing dumpster fire. Before long, the ever-popular U.S. Army WTF! Moments Facebook page picked up on the mayhem and posted one of the memes that had been circulating in the email thread.

By 7 p.m. Eastern time, more than 1,000 emails had been blasted out to this massive group of Army officers. Those in different time zones (like Hawaii) came into work and were quickly overwhelmed by the deluge of emails clogging their inboxes. Some of the humorless officers resorted to typing in all caps "PLEASE REMOVE ME FROM THIS DISTRO," prompting at least two to three sarcastic replies in return. Other captains took the opportunity to blast out helpful (or not so helpful) instructions on how to properly create email sorting rules in Outlook. A few intrepid officers tried to Rickroll everyone, and one even wrote new lyrics to the tune of an Eminem song. A particularly funny officer wrote a Nigerian prince scheme email and blasted it out to the group. Eventually, someone created and shared a Microsoft Teams group to move the devolving conversation to a new forum, quickly amassing more than 1,700 members. What started off as a gloriously chaotic email chain quickly turned into one the largest and most successful professional networking opportunities most of us have ever seen. Officers from multiple branches and functional areas across the globe took to the Microsoft Teams page, sharing useful products, making professional connections, and generally raising everyone's esprit de corps. The group's creator even started a petition to promote the one specialist who was inadvertently added to the distro list.

Government

Larry Magid: Utah Bill Threatens Internet Security For Everyone (mercurynews.com) 89

"Wherever you live, you should be paying attention to Utah Senate Bill 152 and the somewhat similar House Bill 311," writes tech journalist and long-time child safety advocate Larry Magid in an op-ed via the Mercury News. "Even though it's legislation for a single state, it could set a dangerous precedent and make it harder to pass and enforce sensible federal legislation that truly would protect children and other users of connected technology." From the report: SB 152 would require parents to provide their government-issued ID and physical address in order for their child or teenager to access social media. But even if you like those provisions, this bill would require everyone -- including adults -- to submit government-issued ID to sign up for a social media account, including not just sites like Facebook, Instagram, Snapchat and TikTok, but also video sharing sites like YouTube, which is commonly used by schools. The bill even bans minors from being online between 10:30 p.m. and 6:30 a.m., empowering the government to usurp the rights of parents to supervise and manage teens' screen time. Should it be illegal for teens to get up early to finish their homework (often requiring access to YouTube or other social media) or perhaps access information that would help them do early morning chores? Parents -- not the state -- should be making and enforcing their family's schedule.

I oppose these bills from my perch as a long-time child safety advocate (I wrote "Child Safety on the Information Highway" in 1994 for the National Center for Missing & Exploited Children and am currently CEO of ConnectSafely.org). However well-intentioned, they could increase risk and deny basic rights to children and adults. SB 152 would require companies to keep a "record of any submissions provided under the requirements," which means there would not only be databases of all social media users, but also of users under 18, which could be hacked by criminals or foreign governments seeking information on Utah children and adults. And, in case you think that's impossible, there was a breach in 2006 of a database of children that was mandated by the State of Utah to protect them from sites that displayed or promoted pornography, alcohol, tobacco and gambling. No one expects a data breach, but they happen on a regular basis. There is also the issue of privacy. Social media is both media and speech, and some social media are frequented by people who might not want employers, family members, law enforcement or the government to know what information they're consuming. Whatever their interests, people should have the right to at least anonymously consume information or express their opinions. This should apply to everyone, regardless of who they are, what they believe or what they're interested in. [...]

It's important to always look at the potential unintended consequences of legislation. I'm sure the lawmakers in Utah who are backing this bill have the best interests of children in mind. But this wouldn't be the first law designed to protect children that actually puts them at risk or violates adult rights in the name of child protection. I applaud any policymaker who wants to find ways to protect kids and hold technology companies accountable for doing their part to protect privacy and security as well as employing best-practices when it comes to the mental health and well being of children. But the legislation, whether coming from Utah, another state or Washington, D.C., must be sensible, workable, constitutional and balanced, so it at the very least, does more good than harm.

Facebook

Meta To Ask Many Managers To Become Individual Contributors or Leave (bloomberg.com) 86

Meta is asking many of its managers and directors to transition to individual contributor jobs or leave the company as part of a process to become a more efficient organization, known internally as a "flattening," Bloomberg News reported Tuesday, citing people familiar with the matter. From the report: Higher-level managers are sharing the directive with their reports in the coming weeks, separate from the company's regular performance review process, which is also occurring, said the people, who asked not to be named discussing a matter that wasn't public.
Android

Bloatware Pushes the Galaxy S23 Android OS To an Incredible 60GB (arstechnica.com) 92

An anonymous reader quotes a report from Ars Technica: As a smartphone operating system, Android strives to be a lightweight OS so it can run on a variety of hardware. The first version of the OS had to squeeze into the T-Mobile G1, with only a measly 256MB of internal storage for Android and all your apps, and ever since then, the idea has been to use as few resources as possible. Unless you have the latest Samsung phone, where Android somehow takes up an incredible 60GB of storage. Yes, the Galaxy S23 is slowly trickling out to the masses, and, as Esper's senior technical editor Mishaal Rahman highlights in a storage space survey, Samsung's new phone is way out of line with most of the ecosystem. Several users report the phone uses around 60GB for the system partition right out of the box. If you have a 128GB phone, that's nearly half your storage for the Android OS and packed-in apps. That's four times the size of the normal Pixel 7 Pro system partition, which is 15GB. It's the size of two Windows 11 installs, side by side. What could Samsung possibly be putting in there?!

We can take a few guesses as to why things are so big. First, Samsung is notorious for having a shoddy software division that pumps out low-quality code. The company tends to change everything in Android just for change's sake, and it's hard to imagine those changes are very good. Second, Samsung may want to give the appearance of having its own non-Google ecosystem, and to do that, it clones every Google app that comes with its devices. Samsung is contractually obligated to include the Google apps, so you get both the Google and Samsung versions. That means two app stores, two browsers, two voice assistants, two text messaging apps, two keyboard apps, and on and on. These all get added to the system partition and often aren't removable.

Unlike the clean OSes you'd get from Google or Apple, Samsung sells space in its devices to the highest bidder via pre-installed crapware. A company like Facebook will buy a spot on Samsung's system partition, where it can get more intrusive system permissions that aren't granted to app store apps, letting it more effectively spy on users. You'll also usually find Netflix, Microsoft Office, Spotify, Linkedin, and who knows what else. Another round of crapware will also be included if you buy a phone from a carrier, i.e., all the Verizon apps and whatever space they want to sell to third parties. The average amount users are reporting is 60GB, but crapware deals change across carriers and countries, so it will be different for everyone.

Classic Games (Games)

Did 'Donkey Kong' Champ Use a Banned Joystick for His 2007 World Record? (arstechnica.com) 87

An anonymous reader shares a report from Ars Technica: Over the years, King of Kong star Billy Mitchell has seen his world-record Donkey Kong scores stripped, partially reinstated, and endlessly litigated, both in actual court and the court of public opinion. Through it all, Mitchell has insisted that every one of his records was set on unmodified Donkey Kong arcade hardware, despite some convincing technical evidence to the contrary.

Now, new photos from a 2007 performance by Mitchell seem to show obvious modifications to the machine used to earn at least one of those scores, a fascinating new piece of evidence in the long, contentious battle over Mitchell's place in Donkey Kong score-chasing history.

The photos in question were taken at the Florida Association of Mortgage Brokers (FAMB) Convention, which hosted Mitchell as part of its "80s Arcade Night" promotion in July 2007. Mitchell claims to have achieved a score of 1,050,200 points at that event, a performance that was recognized by adjudicator Twin Galaxies as a world record at the time (but which by now would barely crack the top 30). In his defamation case against Twin Galaxies, Mitchell includes testimony from several purported witnesses to his FAMB performance. That includes former Twin Galaxies referee Todd Rogers (who was later also banned from Twin Galaxies), who testified that the machine used at the event was "an original Nintendo Donkey Kong Arcade machine as I have known since 1981."

But the pictures from the FAMB convention, made public by fellow high-score-chaser David Race last month, raise additional questions about that claim, thanks to what Race calls a "glaringly non-original joystick" seen in the machine shown in those photos.

Facebook

Facebook Secretly Killed Users' Batteries, Former Engineer Claims (nypost.com) 130

The New York Post reports: Facebook can secretly drain its users' cellphone batteries, a former employee contends in a lawsuit.

The practice, known as "negative testing," allows tech companies to "surreptitiously" run down someone's mobile juice in the name of testing features or issues such as how fast their app runs or how an image might load, according to data scientist George Hayward. "I said to the manager, 'This can harm somebody,' and she said by harming a few we can help the greater masses," said Hayward, 33, who claims in a Manhattan Federal Court lawsuit that he was fired in November for refusing to participate in negative testing....

Killing someone's cellphone battery puts people at risk, especially "in circumstances where they need to communicate with others, including but not limited to police or other rescue workers," according to the litigation filed against Facebook's parent company, Meta Platforms. "I refused to do this test," he said, adding, "It turns out if you tell your boss, 'No, that's illegal,' it doesn't go over very well." Hayward was hired in October 2019 for a six-figure gig.

He said he doesn't know how many people have been impacted by Facebook's negative testing but believes the company has engaged in the practice because he was given an internal training document titled, "How to run thoughtful negative tests," which included examples of such experiments being carried out. "I have never seen a more horrible document in my career," he said....

The lawsuit, which sought unspecified damages, has since been withdrawn because Hayward is required to go to arbitration, said the lawyer, who said Hayward stands by the allegations.

Thanks to long-time Slashdot reader WankerWeasel for sharing the article.
Businesses

Meta Soars by Most in Decade, Adding $100 Billion in Value (nytimes.com) 12

Meta's stock surged on Thursday after the company reported better-than-expected earnings, said it would buy back billions of dollars in its stock, and overcame a court challenge to its ambitions in the so-called metaverse. The New York Times reports: Shares of the tech giant, the owner of Facebook, Instagram and WhatsApp, climbed more than 23 percent, its biggest daily gain in nearly 10 years. And it was a huge move for a company its size, adding nearly $100 billion in market value in a single day, or about as much as Citigroup's entire market capitalization.

After ending last year with a loss of more than 60 percent, Meta's stock is up more than 50 percent this year, as the mood among tech investors has brightened. The Nasdaq Composite, an index that includes many tech companies, including Meta, has risen nearly 20 percent this year.
The report notes that plenty of challenges remain for the company. "Meta faces setbacks in digital advertising as clients rein in spending because of higher interest rates and inflation," reports The New York Times. "The company is also fighting to retain users drawn to newer apps like TikTok, the short-form video app that Mr. Zuckerberg considers one of his most formidable rivals. The billions that Meta is spending pursuing its founder's vision of the metaverse may not pay off."

In November, Meta laid off more than 11,000 employees in what was the most significant job cuts since its founding in 2004.
Youtube

YouTube Contractors To Strike Over Forced Return To Office (axios.com) 61

A group of YouTube contractors in Texas are currently on strike today "in protest of rules requiring such workers -- even those who have always worked remotely -- to report to the office," reports Axios. From the report: All of the 43-person team of contractors for YouTube Music voted to strike, following an edict that they report to an office in Austin starting on Monday. The workers, who are technically employed by Cognizant, were notified of the Feb. 6 return to office date in November. That came after workers had filed the prior month for union recognition, leading some to conclude the move was being made in retaliation. The workers are also seeking to have Google and Cognizant recognized as joint employers. The vast majority of the contractors were hired during the pandemic -- and have always worked remotely. Nearly a quarter of them live somewhere other than Austin. Workers say their pay, which starts at around $19 per hour, isn't enough to cover the costs of relocating to -- and living in -- Austin. Some also care for a child, spouse or parent, which complicates a shift to the office.

Cognizant says that the workers' contracts have always stated that the jobs were in-office jobs and that it communicated to workers since Dec. 2021 that it would provide 90 days notice when employees were expected back in the office. "Cognizant respects the right of our associates to disagree with our policies, and to protest them lawfully," the company said in a statement to Axios. "However, it is disappointing that some of our associates have chosen to strike over a return to office policy that has been communicated to them repeatedly since December 2021."

"My goal is to keep my friends employed," said Katie Marschher, who has worked at Cognizant on YouTube Music for nearly two years. Like many on her team, Marschher said she works more than one job to make ends meet. Although she lives in Austin, one of her other jobs is helping bands on tour, which requires her to travel. That works well remotely but she would have to scale back if required to be in office. "Our hope is we can actually have a dialogue where we are listened to," said Neil Gossell, who joined the YouTube/Cognizant team last year. He took the job specifically because it allowed him to work from home close to his spouse, who has post-traumatic stress disorder.
The YouTube Music STRIKE press conference has been shared on Facebook and Twitter.

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