United States

FDA Warns Amazon Over Supplements With Undeclared and Potentially Harmful Ingredients (fda.gov) 49

FDA, in a letter to Amazon CEO: This letter concerns your firm's distribution of products that violate the Federal Food, Drug, and Cosmetic Act (the "FD&C Act"). The United States Food and Drug Administration (FDA) purchased on your website, www.amazon.com, products that are labeled as energy enhancing supplements or food, but laboratory analyses confirmed that they contained undeclared and potentially harmful active pharmaceutical ingredients. As discussed further below, your firm is responsible for introducing or delivering for introduction into interstate commerce products that are unapproved new drugs under section 505(a) of the FD&C Act, 21 U.S.C. 355(a).

Furthermore, the products are misbranded drugs under section 502 of the FD&C Act, 21 U.S.C. 352. As explained further below, introducing or delivering these products for introduction into interstate commerce is prohibited under sections 301(a), 301(d), and 505(a) of the FD&C Act, 21 U.S.C. 331(a), 331(d), and 355(a). Your firm is also responsible for introducing or delivering for introduction into interstate commerce a food that is prohibited under section 301(ll) of the FD&C Act, 21 U.S.C. 331(ll). [...]

Transportation

US Engine Maker Will Pay $1.6 Billion To Settle Claims of Emissions Cheating (nytimes.com) 100

An anonymous reader quotes a report from the New York Times: The United States and the state of California have reached an agreement in principle with the truck engine manufacturer Cummins on a $1.6 billion penalty to settle claims that the company violated the Clean Air Act by installing devices to defeat emissions controls on hundreds of thousands of engines, the Justice Department announced on Friday. The penalty would be the largest ever under the Clean Air Act and the second largest ever environmental penalty in the United States. Defeat devices are parts or software that bypass, defeat or render inoperative emissions controls like pollution sensors and onboard computers. They allow vehicles to pass emissions inspections while still emitting high levels of smog-causing pollutants such as nitrogen oxide, which is linked to asthma and other respiratory illnesses.

The Justice Department has accused the company of installing defeat devices on 630,000 model year 2013 to 2019 RAM 2500 and 3500 pickup truck engines. The company is also alleged to have secretly installed auxiliary emission control devices on 330,000 model year 2019 to 2023 RAM 2500 and 3500 pickup truck engines. "Violations of our environmental laws have a tangible impact. They inflict real harm on people in communities across the country," Attorney General Merrick Garland said in a statement. "This historic agreement should make clear that the Justice Department will be aggressive in its efforts to hold accountable those who seek to profit at the expense of people's health and safety."

In a statement, Cummins said that it had "seen no evidence that anyone acted in bad faith and does not admit wrongdoing." The company said it has "cooperated fully with the relevant regulators, already addressed many of the issues involved, and looks forward to obtaining certainty as it concludes this lengthy matter. Cummins conducted an extensive internal review and worked collaboratively with the regulators for more than four years." Stellantis, the company that makes the trucks, has already recalled the model year 2019 trucks and has initiated a recall of the model year 2013 to 2018 trucks. The software in those trucks will be recalibrated to ensure that they are fully compliant with federal emissions law, said Jon Mills, a spokesman for Cummins. Mr. Mills said that "next steps are unclear" on the model year 2020 through 2023, but that the company "continues to work collaboratively with regulators" to resolve the issue. The Justice Department partnered with the Environmental Protection Agency in its investigation of the case.

Earth

Joe Biden Plans To Ban Logging in US Old-Growth Forests in 2025 (theguardian.com) 181

Joe Biden's administration last week announced a new proposal aimed at banning logging in old-growth forests, a move meant to protect millions of trees that play a key role in fighting the climate crisis. From a report: The proposal comes from an executive order signed by the president on Earth Day in 2022 that directed the US Forest Service and the land management bureau to conduct an inventory of old-growth and mature forest groves as well as to develop policies that protect them. "We think this will allow us to respond effectively and strategically to the biggest threats that face old growth," the US agriculture secretary, Tom Vilsack, told the Washington Post. "At the end of the day, it will protect not just the forests but also the culture and heritage connected to the forests."

The US Forest Service oversees 193m acres of forests and grasslands, 144m of which are forests. In its inventory conducted after Biden's executive order, the agency found that the vast majority of forests it oversees, about 80%, are either old-growth or mature forests. It found more than 32m acres of old-growth forests and 80m acres of mature forests on federal land. The land management bureau defines old-growth forests as those with trees that are in later stages of stand development, which typically means at least 120 years of growth, depending on species. The giant sequoias in California, for example, are old-growth trees. Mature forests, meanwhile, have trees that are in the development stage immediately before old growth.

United States

Apple Watch Import Ban Takes Effect After Biden Administration Passes on Veto (reuters.com) 122

U.S. President Joe Biden's administration on Tuesday declined to veto a government tribunal's decision to ban imports of Apple Watches based on a complaint from medical monitoring technology company Masimo. From a report: The U.S. International Trade Commission's (ITC) order will go into effect on Dec. 26, barring imports and sales of Apple Watches that use patent-infringing technology for reading blood-oxygen levels. Apple has included the pulse oximeter feature in its smart watches starting with its Series 6 model in 2020. U.S. Trade Representative Katherine Tai decided not to reverse the ban following careful consultations, and the ITC's decision became final on Dec. 26, the Trade Representative's office said Tuesday.

Apple can appeal the ban to the U.S. Court of Appeals for the Federal Circuit. The company has paused the sales of its Series 9 and Ultra 2 smartwatches in the United States since last week. The ban does not affect Apple Watch SE, a less expensive model, which will continue to be sold. Previously sold watches will not be affected by the ban. Masimo has accused Apple of hiring away its employees, stealing its pulse oximetry technology and incorporating it into the popular Apple Watch.

Businesses

These Are the Jobs That Keep Older Americans Working (bloomberg.com) 129

Occupations with the highest share of workers older than 65 have changed little, data from the past seven decades show. Bloomberg Businessweek: Americans may dream about being able to go off the clock when they reach retirement age, but a good number simply can't or won't. We compiled data on the occupations with the highest share of workers older than 65, going back seven decades. The job types held remarkably steady over the decades (farmers, tailors and clergy). A few faded out of the data with time -- blacksmiths, furriers and household washers, for instance. The data can't fully tell us why people in some professions keep at it longer than others. But we know they're largely low-paying jobs, which means workers have likely struggled to put aside money for retirement.
United States

California's Population Dropped Again, Census Data Shows (sfchronicle.com) 222

The number of people living in California fell below 39 million this year, according to new census estimates, the lowest count since 2015. From a report: California's population dipped by about 75,000 from 2022 to 2023, estimates released Tuesday by the Census Bureau shows, with about 38,965,000 million people in the state this year. The state's population has fallen since its 2019 peak of 39.5 million, though the annual loss has also slowed each year. Between 2021 and 2022, California lost a net of about 104,000 people, or 0.3%, higher than the dip of 0.2% between 2022 and 2023.

About 338,000 more people left California for other states than vice versa from July 2022 to July 2023, the Census Bureau data shows. That's slightly greater than the 333,000 from 2021 to 2022, and the most of any state. California historically loses more people to the rest of the country than it gains. The state partially offset its domestic loss via international migration, with a net of 151,000 people moving to California from outside the United States. That was the second-highest number of any state, behind Florida, and a 19% increase from 2021-22. And it was the highest total for California since 2015.

China

China Is Stealing AI Secrets To Turbocharge Spying, US Says 50

U.S. officials are worried about hacking and insider theft of AI secrets, which China has denied. From a report: On a July day in 2018, Xiaolang Zhang headed to the San Jose, Calif., airport to board a flight to Beijing. He had passed the checkpoint at Terminal B when his journey was abruptly cut short by federal agents. After a tipoff by Apple's security team, the former Apple employee was arrested and charged with stealing trade secrets related to the company's autonomous-driving program. It was a skirmish in a continuing shadow war between the U.S. and China for supremacy in artificial intelligence. The two rivals are seeking any advantage to jump ahead in mastering a technology with the potential to reshape economies, geopolitics and war.

Artificial intelligence has been on the Federal Bureau of Investigation's list of critical U.S. technologies to protect, just as China placed it on a list of technologies it wanted its scientists to achieve breakthroughs on by 2025. China's AI capabilities are already believed to be formidable, but U.S. intelligence authorities have lately made new warnings beyond the threat of intellectual-property theft. Instead of just stealing trade secrets, the FBI and other agencies believe China could use AI to gather and stockpile data on Americans at a scale that was never before possible. China has been linked to a number of significant thefts of personal data over the years, and artificial intelligence could be used as an "amplifier" to support further hacking operations, FBI Director Christopher Wray said, speaking at a press conference in Silicon Valley earlier this year.
United States

To Stem North Korea's Missiles Program, White House Looks To Its Hackers (politico.com) 19

The Biden administration has spent much of the last two years bracing key U.S. networks and infrastructure against crippling cyberattacks from Russia, Iran and China. But it is following a different playbook as it ramps up its efforts to thwart digital threats from North Korea: Follow the crypto -- and stop it. From a report: Convinced North Korea primarily sees hacking as a way to funnel money back to the cash-strapped Kim Jong Un regime, the White House has focused on blocking the country's ability to launder the cryptocurrency it steals through its cyberattacks. In the last year, the administration has unveiled a flurry of sanctions against North Korean hacking groups, front companies and IT workers, and blacklisted multiple cryptocurrency services they use to launder stolen funds. Earlier this month, national security adviser Jake Sullivan announced a new partnership with Japan and South Korea aimed at cracking down on Pyongyang's crypto bonanza -- thereby choking off money to its nuclear and conventional weapons programs.

"In countering North Korean cyber operations, our first priority has been focusing on their crypto heists," Anne Neuberger, the National Security Council's top cybersecurity official, said in an interview. The stepped-up effort to blunt North Korea's cyber operations is fueled by growing alarm about where the fruits of those attacks are going, Neuberger said. Hacking, she argued, has enabled North Korea to "either evade sanctions or evade the steps the international community has taken to target their weapons proliferation ... their missile regime, and the growth in the number of launches we've seen."

United States

US Water Utilities Hacked After Default Passwords Set to '1111', Cybersecurity Officials Say (fastcompany.com) 84

An anonymous reader shared this report from Fast Company: Providers of critical infrastructure in the United States are doing a sloppy job of defending against cyber intrusions, the National Security Council tells Fast Company, pointing to recent Iran-linked attacks on U.S. water utilities that exploited basic security lapses [earlier this month]. The security council tells Fast Company it's also aware of recent intrusions by hackers linked to China's military at American infrastructure entities that include water and energy utilities in multiple states.

Neither the Iran-linked or China-linked attacks affected critical systems or caused disruptions, according to reports.

"We're seeing companies and critical services facing increased cyber threats from malicious criminals and countries," Anne Neuberger, the deputy national security advisor for cyber and emerging tech, tells Fast Company. The White House had been urging infrastructure providers to upgrade their cyber defenses before these recent hacks, but "clearly, by the most recent success of the criminal cyberattacks, more work needs to be done," she says... The attacks hit at least 11 different entities using Unitronics devices across the United States, which included six local water facilities, a pharmacy, an aquatics center, and a brewery...

Some of the compromised devices had been connected to the open internet with a default password of "1111," federal authorities say, making it easy for hackers to find them and gain access. Fixing that "doesn't cost any money," Neuberger says, "and those are the kinds of basic things that we really want companies urgently to do." But cybersecurity experts say these attacks point to a larger issue: the general vulnerability of the technology that powers physical infrastructure. Much of the hardware was developed before the internet and, though they were retrofitted with digital capabilities, still "have insufficient security controls," says Gary Perkins, chief information security officer at cybersecurity firm CISO Global. Additionally, many infrastructure facilities prioritize "operational ease of use rather than security," since many vendors often need to access the same equipment, says Andy Thompson, an offensive cybersecurity expert at CyberArk. But that can make the systems equally easy for attackers to exploit: freely available web tools allow anyone to generate lists of hardware connected to the public internet, like the Unitronics devices used by water companies.

"Not making critical infrastructure easily accessible via the internet should be standard practice," Thompson says.

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."

NASA

US Commits To Landing an International Astronaut On the Moon (arstechnica.com) 49

During a meeting of the National Space Council, Vice President Kamala Harris said an international astronaut will land on the Moon during one of NASA's Artemis missions. "Today, in recognition of the essential role that our allies and partners play in the Artemis program, I am proud to announce that alongside American astronauts, we intend to land an international astronaut on the surface of the Moon by the end of the decade," Harris said. Ars Technica reports: Although the National Space Council is useful in aggregating disparate interests across the US government to help form more cohesive space policies, public meetings like the one Wednesday can seem perfunctory. Harris departed the stage soon after her speech, and other government officials read from prepared remarks during the rest of the event. Nevertheless, Harris' announcement highlighted the role the space program plays in elevating the soft power of the United States. It was widely assumed an international astronaut would eventually land on the Moon with NASA. Harris put a deadline on achieving this goal.

NASA has long included astronauts from its international partners on human spaceflight missions, dating back to the ninth flight of the space shuttle in 1983, when West German astronaut Ulf Merbold joined five Americans on a flight to low-Earth orbit. This was seen by US government officials as a way to foster closer relations with like-minded countries. The inclusion of foreign astronauts on US missions also repays partner nations who make financial commitments to US-led space projects with a high-profile flight opportunity for one of their citizens.

Among the international partners contributing to Artemis, it seems most likely a European astronaut would get the first slot for a landing with NASA. ESA funded the development of the service modules used on NASA's Orion spacecraft, which will ferry astronauts from Earth to the Moon and back. These modules provide power and propulsion for Orion. ESA is also developing refueling and communications infrastructure for the Gateway mini-space station to be constructed in orbit around the Moon.

A Japanese astronaut might also have a shot at getting a seat on an Artemis landing. Japan's government has committed to providing the life-support system for the Gateway's international habitation module, along with resupply services to deliver cargo to Gateway. Japan is also interested in building a pressurized rover for astronauts to drive across the lunar surface. In recognition of Japan's contributions, NASA last year committed to flying a Japanese astronaut aboard Gateway. Canada is building a robotic arm for Gateway, but a Canadian astronaut already has a seat on NASA's first crewed Artemis mission, albeit without a trip to the lunar surface.

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.

The Internet

US Regulators Propose New Online Privacy Safeguards For Children 25

An anonymous reader quotes a report from the New York Times: The Federal Trade Commission on Wednesday proposed sweeping changes to bolster the key federal rule that has protected children's privacy online, in one of the most significant attempts by the U.S. government to strengthen consumer privacy in more than a decade. The changes are intended to fortify the rules underlying the Children's Online Privacy Protection Act of 1998, a law that restricts the online tracking of youngsters by services like social media apps, video game platforms, toy retailers and digital advertising networks. Regulators said the moves would "shift the burden" of online safety from parents to apps and other digital services while curbing how platforms may use and monetize children's data.

The proposed changes would require certain online services to turn off targeted advertising by default for children under 13. They would prohibit the online services from using personal details like a child's cellphone number to induce youngsters to stay on their platforms longer. That means online services would no longer be able to use personal data to bombard young children with push notifications. The proposed updates would also strengthen security requirements for online services that collect children's data as well as limit the length of time online services could keep that information. And they would limit the collection of student data by learning apps and other educational-tech providers, by allowing schools to consent to the collection of children's personal details only for educational purposes, not commercial purposes. [...]

The F.T.C. began reviewing the children's privacy rule in 2019, receiving more than 175,000 comments from tech and advertising industry trade groups, video content developers, consumer advocacy groups and members of Congress. The resulting proposal (PDF) runs more than 150 pages. Proposed changes include narrowing an exception that allows online services to collect persistent identification codes for children for certain internal operations, like product improvement, consumer personalization or fraud prevention, without parental consent. The proposed changes would prohibit online operators from employing such user-tracking codes to maximize the amount of time children spend on their platforms. That means online services would not be able to use techniques like sending mobile phone notifications "to prompt the child to engage with the site or service, without verifiable parental consent," according to the proposal. How online services would comply with the changes is not yet known. Members of the public have 60 days to comment on the proposals, after which the commission will vote.
United States

New York City Council Member-Elect Used AI To Answer Questions (theverge.com) 29

Susan Zhuang, a Democrat who will soon represent the 43rd Council District in Brooklyn, New York, admitted to using AI when answering questions from a local news publication, according to a report by the New York Post. From a report: In a text message sent to the Post, Zhuang wrote that she uses "AI as a tool to help foster deeper understanding" because English is not her first language. The responses in question were included in an article from City & State, which asked local council member-elects to fill out a questionnaire about their personal interests and policies.
Earth

New Regulations Will Turn California Wastewater To Drinking Water (cbsnews.com) 109

The future of water may be changing in California. The state Water Resources Control Board has signed off on regulations to turn more recycled wastewater from our homes into drinking water. From a report: The regulations were approved unanimously by the board on Tuesday and now give the go-ahead for local water agencies to plan to turn wastewater into water we can drink through a process called Direct Potable Reuse. Darrin Polhemus, the division of drinking water director with the State Water Resources Control Board, said this approval was a very big step for California. "It really will be the highest quality water delivered in the state when it's done," Polhemus said.

California's new rules would let, but not require, local water agencies to take wastewater from toilets or showers, treat it, and then put it right back into the drinking water system. "Direct potable reuse is just a really critical strategy for our state to have as we move to this new hydrology that we have, and as everyone has already said, increasing our resilience and reducing our reliance on imported water," said Laurel Firestone, board member for the State Water Resources Control Board.

AI

AI Cannot Be Patent 'Inventor,' UK Supreme Court Rules in Landmark Case (reuters.com) 29

A U.S. computer scientist on Wednesday lost his bid to register patents over inventions created by his artificial intelligence system in a landmark case in Britain about whether AI can own patent rights. From a report: Stephen Thaler wanted to be granted two patents in the UK for inventions he says were devised by his "creativity machine" called DABUS. His attempt to register the patents was refused by Britain's Intellectual Property Office on the grounds that the inventor must be a human or a company, rather than a machine. Thaler appealed to the UK's Supreme Court, which on Wednesday unanimously rejected his appeal as under UK patent law "an inventor must be a natural person."

"This appeal is not concerned with the broader question whether technical advances generated by machines acting autonomously and powered by AI should be patentable," Judge David Kitchin said in the court's written ruling. "Nor is it concerned with the question whether the meaning of the term 'inventor' ought to be expanded ... to include machines powered by AI which generate new and non-obvious products and processes which may be thought to offer benefits over products and processes which are already known." Thaler's lawyers said in a statement that "the judgment establishes that UK patent law is currently wholly unsuitable for protecting inventions generated autonomously by AI machines."

Google

Alphabet, States Reach $700 Million Deal in Google Play Feud 20

Alphabet will pay $700 million and alter its Google Play policies to settle claims that the app store unlawfully dominates the Android mobile applications market, resolving antitrust complaints brought by attorneys general of about three dozen states and consumers. From a report: The deal disclosed in a court filing late Monday calls for tweaks to Google Play policies designed to reduce barriers to competition in the markets for app distribution and payment processing. The lawsuits that were grouped together in federal court in California had threatened billions of dollars in revenue generated by the sale and distribution of apps through Google Play. Google will also make a series of changes to its business practices as part of the settlement. In a blog post, the Android-maker said: Streamlining sideloading while prioritizing security: Unlike on iOS, Android users have the option to sideload apps, meaning they can download directly from a developer's website without going through an app store like Google Play. While we maintain it is critical to our safety efforts to inform users that sideloading on mobile could come with unique risks, as part of our settlement we will be further simplifying the sideloading process and updating the language that informs users about these potential risks of downloading apps directly from the web for the first time.
Expanding user choice billing to more people: App and game developers will be able to implement an alternative billing option alongside Google Play's billing system for their U.S. users who can then choose which option to use when making in-app purchases. We have been piloting user choice billing in the U.S. for over a year and will now expand this option further.
Expanding open communication on pricing: We have always given developers more ways to interact with their customers than iOS and other operating systems. For example, Google Play allows developers to communicate freely with their customers outside the app about subscription offers or lower-cost options available on a rival app store or the developer's website. This openness has spurred competition and benefited consumers and developers. As part of user choice billing, which we're expanding with today's settlement announcement, developers are also able to show different pricing options within the app when a user makes a digital purchase.
United States

US Lawmakers Warn Biden To Probe EU Targeting of Tech Firms (yahoo.com) 89

A bipartisan group of lawmakers has written to U.S. President Joe Biden, warning European technology regulation are unfairly targeting U.S. companies and not including many Chinese or EU firms, according to a letter seen by Reuters on Monday. From the report: Under the European Union's Digital Markets Act (DMA), five major U.S. tech companies -- Alphabet, Amazon, Apple, Meta and Microsoft -- were designated "gatekeeper" service providers. From March 2024, these companies -- as well as TikTok's Chinese owner ByteDance -- will be required to make their messaging apps work with rivals and let users choose which ones they want pre-installed on their devices.

In a letter seen by Reuters, 21 members of the U.S. House of Representatives warned the new rules could damage American economic and security interests and called on Biden to secure commitments from the EU the rules will be enforced fairly. "Securing our leadership in this sector is imperative for our economy and American workers," the letter said. "The designation of leading U.S. companies as 'gatekeepers' threatens to upend the U.S. economy, diminish our global leadership in the digital sphere, and jeopardize the security of consumers."

The letter questioned why Chinese companies Alibaba, Huawei, and Tencent had avoided designation and why European companies had avoided any scrutiny. "The EU inexplicably failed to designate any European retailers, content-sharing platforms, payment firms, and telcos," it said. Signatories of the letter -- including Representative Lou Correa, a Democrat, and Thomas Massie, a Republican, -- called on Biden to seek assurances from EU lawmakers the DMA will not be unfairly used to target U.S. companies.

Government

Lawmakers Push DOJ To Investigate Apple Following Beeper Shutdowns (theverge.com) 55

Following a tumultuous few weeks for Beeper, which has been trying to provide an iMessage-compatible Android app, a group of US lawmakers are pushing for the DOJ to investigate Apple for "potentially anticompetitive conduct" over its attempts to disable Beeper's services. From a report: Senators Amy Klobuchar (D-MN) and Mike Lee (R-UT) as well as Representatives Jerry Nadler (D-NY) and Ken Buck (R-CO) said in a letter to the DOJ that Beeper's Android messaging app, Beeper Mini, was a threat to Apple's leverage by "creating [a] more competitive mobile applications market, which in turn [creates] a more competitive mobile device market."

In an interview with CBS News on Monday, Beeper CEO Eric Migicovsky and 16-year-old developer James Gill talked about the fight to keep Beeper Mini alive. Migicovsky told CBS News that Beeper is trying to provide a service people want and reiterated his belief that Apple has a monopoly over its iMessage service. The company created Beeper Mini after being contacted by Gill, who said he reverse-engineered the software by "poking at it" using a "real Mac and a real iPhone." [...] The lawmakers' letter also pointed to a Department of Commerce report calling Apple a "gatekeeper," mirroring language used in the EU Digital Markets Act (DMA) that went into force earlier this year, regulating the "core" services of several tech platforms (though, notably, iMessage may not be included in this). They went on to cite Migicovsky's December 2021 Senate Judiciary Committee testimony that "the dominant messaging services would use their position to impose barriers to interoperability" and keep companies like Beeper from offering certain services. "Given Apple's recent actions, that concern appears prescient," they added.

United States

Southwest Will Pay a $140 Million Fine For Its Meltdown During the 2022 Holidays 45

Southwest Airlines is still paying for its meltdown during the 2022 holidays that stranded millions of travelers -- and the tab is growing. From a report: The U.S. Transportation Department has ordered Southwest to pay a $140 million civil penalty, part of a broader consent order after the airline's operational failures a year ago. That penalty is by far the largest the DOT has ever levied for consumer protection violations, according to a statement from the department. "This is not just about Southwest," Transportation Secretary Pete Buttigieg said in an interview with NPR's Morning Edition on Monday. "This is about the entire industry, sending a signal that you should not be cutting corners -- because if you fail your passengers, we will hold you accountable."

A major winter storm last December caused travel disruptions across the country as airlines canceled thousands of flights. But while other airlines recovered relatively quickly, Southwest fell apart. The airline ultimately canceled 16,900 flights, stranding more than 2 million passengers. In a statement, Southwest described the agreement as "a consumer-friendly settlement." The airline says it has taken steps since last year's disruption to improve its operational resiliency and customer care.

Slashdot Top Deals