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The RSS feed for this website runs through Feedpress and, at some point in November, I must have done something to cause it to behave unreliably. It took me a while to track down in part because I have the JSON feed in NetNewsWire, but not the RSS feed. A silly oversight, I admit.

I think it is fixed, but please let me know if I have still made a mess of things. I recommend subscribing to the JSON feed anyhow if that is an option for you.

Liv McMahon and Lily Jamali, BBC News:

TikTok’s bid to overturn a law which would see it banned or sold in the US from early 2025 has been rejected.

[…]

TikTok says it will now take its fight to the US Supreme Court, the country’s highest legal authority.

The court’s opinion (PDF) is not particularly long. As this is framed as a question of national security, the court gives substantial deference to the government’s assessment of TikTok’s threat. It also views the legislation passed earlier this year to limit data brokers as a complementary component of this TikTok divest-or-ban law.

I still do not find this argument particularly compelling. There is still too much dependence on classified information and too little public evidence. A generous interpretation of this is the court knows something I do not, and perhaps this is completely justified. But who knows? The paranoia over this app is leaking but the proof is not.

Donald Trump’s victory in the 2024 US Presidential Election may also present a lifeline for the app.

Despite unsuccessfully attempting to ban TikTok during his first term in 2020, he said in the run-up to the November elections he would not allow the ban on TikTok to take effect.

I would be shocked if the incoming administration remains committed to overturning this ban, and not just because of its historically flaky reputation. This very decision references the actions of the first Trump presidency, though it owes more to the more tailored policies of the Biden administration.

If the U.S. Supreme Court does not stay this order and TikTok’s U.S. operations are not jettisoned from its global business, the ban will go into effect the day before Trump’s inauguration.

Last month, Brazilian competition authorities ruled against Apple, finding in an increasingly familiar pattern that its anti-steering App Store rules are illegal. It imposed a twenty-day deadline for compliance.

Filipe Espósito, 9to5Mac:

According to a new Valor Econômico report, a Brazilian Federal Court judge has ruled that the decision by Cade, the Brazilian regulator, is “disproportionate and unnecessary.” The judge understood that the measures imposed by the regulator “change, in a sensitive and structural way” Apple’s business operation.

Cade ruled on November 26 that Apple would have 20 days to comply with antitrust legislation, otherwise it would be fined R$250,000 (US$42,000) per day. Apple had previously appealed on the grounds that the changes requested were too complex and would take too long to be made, so the company wouldn’t be able to meet the 20-day deadline.

Twenty days does seem like a tight turnaround. I have obviously no idea what it would take to copy-and-paste the same policies it uses in Japan, Korea, and the United States, but perhaps it would be easier to rip off the bandage and do so worldwide.

Howard Oakley:

Over those 11 years, governments have come and gone, my grandchildren have grown up and one is now at university, we survived Covid, lost QuickTime and 32-bit code, and now use Apple silicon Macs. But one thing has remained unchanged through all of that, the Finder column width bug.

Maybe this is the year this bug will bubble up to the top of an intern’s to-fix list. As a dedicated user of the column view, I would not miss it.

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Go figure — just one day after writing about how Apple’s ambiguous descriptions of supposedly clever features has the potential to rob trust, my phone has become haunted.

I saw a suggestion from Siri that I turn on Do Not Disturb until the end of an event in my calendar — a reservation at a restaurant from 8:30 until 10:00 this morning. No such matching event was in Fantastical. It was, however, shown in the Calendar app as a Siri Suggestion.

What I think happened is that I was looking at that restaurant on OpenTable at perhaps 8:00 this morning. I was doing so in my web browser on my Mac, and I was not logged into OpenTable. My Mac and iPhone are both running operating system beta builds with Apple Intelligence enabled. Siri must have interpreted this mere browsing as me making a reservation, and then added it to my calendar without my asking, and then made a suggestion based on that fictional event.

This was not helpful. It was, in fact, perplexing and creepy. I do not know how all of these things were able to work together to produce this result, but I do not like it at all. It is obvious how this would make anyone question whether they can trust Apple Intelligence, A.I. systems generally, Siri, and their personal privacy. Truly bizarre.

Cade Metz, New York Times:

Mr. [Sam] Altman said he was “tremendously sad” about the rising tensions between the two one-time collaborators.

“I grew up with Elon as like a mega hero,” he said.

But he rejected suggestions that Mr. Musk could use his increasingly close relationship with President-elect Trump to harm OpenAI.

“I believe pretty strongly that Elon will do the right thing and that it would be profoundly un-American to use political power to the degree that Elon would hurt competitors and advantage his own businesses,” he said.

Alex Heath, the Verge:

Jeff Bezos and President-elect Donald Trump famously didn’t get along the last time Trump was in the White House. This time, Bezos says he’s “very optimistic” and even wants to help out.

“I’m actually very optimistic this time around,” Bezos said of Trump during a rare public appearance at The New York Times DealBook Summit on Wednesday. “He seems to have a lot of energy around reducing regulation. If I can help him do that, I’m going to help him.”

Emily Swanson, the Guardian:

“Mark Zuckerberg has been very clear about his desire to be a supporter of and a participant in this change that we’re seeing all around America,” Stephen Miller, a top Trump deputy, told Fox.

Meta’s president of global affairs, Nick Clegg, agreed with Miller. Clegg said in a recent press call that Zuckerberg wanted to play an “active role” in the administration’s tech policy decisions and wanted to participate in “the debate that any administration needs to have about maintaining America’s leadership in the technological sphere,” particularly on artificial intelligence. Meta declined to provide further comment.

There are two possibilities. The first is that these CEOs are all dummies with memory no more capacious than that of an earthworm. The second is that these people all recognize the transactional and mercurial nature of the incoming administration, and they have begun their ritualistic grovelling. Even though I do not think money and success is evidence of genius, I do not think these CEOs are so dumb they actually believe in the moral fortitude of these goons.

Ben Cohen, Wall Street Journal:

Only four years ago, when it was less popular for podcasts than both Spotify and Apple, YouTube becoming a podcasting colossus sounded about as realistic as Martin Scorsese releasing his next movie on TikTok.

But this year, YouTube passed the competition and became the most popular service for podcasts in the U.S., with 31% of weekly podcast listeners saying it’s now the platform they use the most, according to Edison Research.

This is notable, but Cohen omits key context for why YouTube is suddenly a key podcast platform: Google Podcasts was shut down this year with users and podcasters alike instructed to move to YouTube. According to Buzzsprout’s 2023 analytics, Google Podcasts was used by only 2.5% of global listeners. YouTube is not listed in their report, perhaps because it exists in its own bubble instead of being part of the broader RSS-feed-reading podcast client ecosystem.

But where Google was previously bifurcating its market share, it aligned its users behind a single client. And, it would seem, that audience responded favourably.

John Herrman, New York magazine:

Then, just as the 2010s podcasting bubble was about to peak, TikTok arrived. Here was a video-first platform that was basically only a recommendation engine, minus the pretense and/or burden of sociality — a machine for automating and allocating virality. Its rapid growth drove older, less vibrant social-media platforms wild with envy and/or panic. They all immediately copied it, refashioning themselves as algorithmic short-video apps almost overnight. Suddenly, on every social-media platform — including YouTube, which plugged vertical video “Shorts” into its interface and rewarded creators who published them with followers, attention, and money — there was a major new opportunity for rapid, viral growth. TikTok’s success (and imitation by existing megaplatforms) triggered a formal explosion in video content as millions of users figured out what sorts of short videos worked in this new context: Vine-like comedy sketches; dances; product recommendations; rapid-fire confessionals. The list expanded quickly and widely, but one surprising category broke through: podcast clips.

Of the top twenty podcasts according to Edison Research, fifteen have what I would deem meaningful and regular video components. I excluded those with either a still piece of artwork or illustrated talking heads, and those which only occasionally have video.

Dave Winer:

[…] We’re losing the word “podcast” very quickly. It’s coming to mean video interviews on YouTube mostly. Our only hope is upgrading the open platform in a way that stimulates the imagination of creators, and there’s no time to waste. If you make a podcast client, it’s time to start collaborating with competitors and people who create RSS-based podcasts to take advantage of the open platforms, otherwise having a podcast will mean getting approved by Google, Apple, Spotify, Amazon etc. […]

I hope this is not the case. Luckily, YouTube seems to be an additional place for podcasters so far. I found every show in the top twenty available for download through Overcast in an audio-only format. Also, YouTube channels have RSS feeds, though that is not very useful in an audio-only client like Overcast. Also, Google’s commitment to RSS is about as good as the company’s commitment to anything.

Out of the U.S. today comes a slew of new proposed restrictions against data brokers and their creepy practices.

The Consumer Financial Protection Bureau:

[…] The proposed rule would limit the sale of personal identifiers like Social Security Numbers and phone numbers collected by certain companies and make sure that people’s financial data such as income is only shared for legitimate purposes, like facilitating a mortgage approval, and not sold to scammers targeting those in financial distress. The proposal would make clear that when data brokers sell certain sensitive consumer information they are “consumer reporting agencies” under the Fair Credit Reporting Act (FCRA), requiring them to comply with accuracy requirements, provide consumers access to their information, and maintain safeguards against misuse.

The Federal Trade Commission:

The Federal Trade Commission will prohibit data broker Mobilewalla, Inc. from selling sensitive location data, including data that reveals the identity of an individual’s private home, to settle allegations the data broker sold such information without taking reasonable steps to verify consumers’ consent.

And also the Federal Trade Commission:

The Federal Trade Commission is taking action against Gravy Analytics Inc. and its subsidiary Venntel Inc. for unlawfully tracking and selling sensitive location data from users, including selling data about consumers’ visits to health-related locations and places of worship.

Both of the proposed FTC orders require these businesses to “maintain a sensitive location data program designed to develop a list of sensitive locations and prevent the use, sale, license, transfer, sharing, or disclosure of consumers’ visits to those locations”. These include, for example and in addition to those in the above quotes, shelters, labour union offices, correctional facilities, and military installations. This order was previewed last month in Wired.

As usual, I am conflicted about these policies. While they are yet another example of Lina Khan’s FTC and other government bureaucrats cracking down on individually threatening data brokers, it would be far better for everyone if this were not handled on a case-by-case basis. These brokers have already caused a wealth of damage around the world, and only they are being required to stop. Other players in the rest of the data broker industry will either self-govern or hope they do not fall into the FTC’s crosshairs, and if you believe the former is more likely, you have far greater faith in already-shady businesses than I do.

There is another wrench in these proposals: we are less than two months away from a second Trump presidency, and the forecast for the CFPB looks unfriendly. It was kneecapped during the first administration and it is on the chopping block for those overseeing a advisory committee masquerading as a government agency. The future of the FTC is more murky, with some indicators it will continue its current path — albeit from a Republican-skewed perspective — while others suggest a reversal.

The centring of the U.S. in the digital activity of a vast majority of us gives it unique power on privacy — power it has, so far, used in only very small doses. The future of regulatory agencies like these has relevance to all of us.

Enron is not really back. Someone managed to grab the Enron.com URL and put up an inspirational faux corporate video and a Shopify merch store. It is all very funny.

What is more amusing to me is stumbling across a preserved-in-amber Enron website. There is an earnings press release from July 2001, mere months before the whole thing went to hell in public. There are descriptions of the company’s vast products.

But this, too, is unofficial. It was created by Facundo Pignanelli to preserve this noteworthy chapter in corporate fraud. There is even an Instagram account. This is all very strange.

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Barry Schwartz, Search Engine Roundtable:

Google launched a new feature in the Google App for iOS named Page Annotation. When you are browsing a web page in the Google App native browser, Google can “extract interesting entities from the webpage and highlight them in line.” When you click on them, Google takes you to more search results.

This was announced nearly two weeks ago in a subtle forum post. If there was a press release, I cannot find it. It was only picked up by the press thanks to Schwartz’s November 21 article, but those stories were not published until just before the U.S. Thanksgiving long weekend, so this news was basically buried.

Google is now injecting “Page Annotations”, which are kind of like Skimlinks but with search results. The results from a tapped Page Annotation are loaded in a floating temporary sheet, so it is not like users are fully whisked away — but that is almost worse. In the illustration from Google, a person is apparently viewing a list of Japanese castles, into which Google has inserted a link on “Osaka Castle”. Tapping on an injected link will show Google’s standard search results, which are front-loaded with details about how to contact the castle, buy tickets, and see a map. All of those things would be done better in a view that cannot be accidentally swiped away.

Maybe, you are thinking, it would be helpful to easily trigger a search from some selected text, and that is fair. But the Google app already displays a toolbar with a search button when you highlight any text in this app.

Owners of web properties are only able to opt out by completing a Google Form, but you must be signed into the same Google account you use for Search Console. Also, if a property is accessible at multiple URLs — for example, http and https, or www and non-prefixed — you must include each variation separately.

For Google to believe it has the right to inject itself into third-party websites is pure arrogance, yet it is nothing new for the company. It has long approached the web as its own platform over which it has control and ownership. It overlays dialogs without permission; it invented a proprietary fork of HTML and it pushed its adoption for years. It can only do these things because it has control over how people use the web.

From the official Bluesky account:

With this release, you can now display replies by “hotness,” which weights liked replies that are more recent more heavily.

I believe this replaced the past reply sorting of oldest to newest. People seem worried this can be gamed, but there is good news: you can just change it. There are options for oldest replies, newest replies, most-liked, and one that is completely randomized. Also, you can still set it to prioritize people you follow.

Imagine that: options for viewing social media that give control back to users. Threads is experimenting, but Meta still fundamentally distrusts users to make decisions like these.

Adam Satarino, New York Times:

But as Ms. [Margrethe] Vestager closes out her era in Brussels, regulating the tech industry has become more mainstream around the world. Thanks to her, Europe is now widely seen as the pioneer of the toughest laws against tech. U.S. regulators have in recent years followed Europe by bringing antitrust lawsuits against Google, Apple, Meta and Amazon. Regulators in South Korea, Australia, Brazil, Canada and elsewhere are also taking on the tech giants.

Vestager’s term has been defined by patience. Owing to both the rapid growth in size and complexity of technology firms, and tedious legal processes, these cases have taken considerable time. Some of the earliest cases Vestager brought have just been settled. It is still too early to tell whether the many changes resulting from these cases will have a radical effect on the technology landscape.

However, as Satarino writes, her approach has been influential worldwide. The technology in seemingly every country outside authoritarian states like China and Russia has been under the thumb of big companies most often based in the United States. Sometimes, those products and services clash with local expectations and values, or consume business viability. Not all of these corporations got where they are by illegitimate means, or are unanimously behaving in illegally anticompetitive ways. But it is sensible to investigate and become a correcting force.

For too long, regulators were too hesitant to question tech companies. These businesses were perpetually too new and too complicated. Vestager broke the dam.

Competition Bureau Canada:

The Competition Bureau is taking legal action against Google for anti-competitive conduct in online advertising technology services in Canada. Following a thorough investigation, the Bureau has filed an application with the Competition Tribunal that seeks to remedy the conduct for the benefit of Canadians.

This has become a familiar announcement: a consumer protection agency, somewhere in the world, is questioning whether a giant technology conglomerate has abused its power. A dam has burst.

Leah Nylen, Josh Sisco, and Dina Bass, Bloomberg:

The US Federal Trade Commission has opened an antitrust investigation of Microsoft Corp., drilling into everything from the company’s cloud computing and software licensing businesses to cybersecurity offerings and artificial intelligence products.

Seems like a lot of people who thought Microsoft would escape antitrust investigations in the U.S. might have been a little too eager.

This kind of scrutiny is a good thing, and long overdue. Yet one of the unavoidable problems of reducing the influence of these giant corporations now is the pain it is going to cause — almost by definition. If a corporation is abusing its power and scale to such a degree the FTC initiates an investigation, unwinding that will have — to put it mildly — an effect. We are seeing this in the Google case. This is true for any situation where a business or a group of people with too much influence needs correcting. That does not mean it should not happen.

It is true that Microsoft’s products and services are the backbone of businesses and governments the world over. These are delivered through tight integrations, all of which encourages further fealty to this singular solution. For example, it used its dominant position with Office 365 to distribute Teams for free, thereby making it even harder for other businesses to compete. It then leveraged Outlook and Teams to boost its web browser, after doing the same with Windows. If it charged for Teams out of the gate, this would be having a different discussion.

Obviously, the FTC’s concerns with Microsoft’s business practices stretch well beyond bundling Teams. According to this Bloomberg report, the Commission is interested in cloud and identity tying, too. On the one hand, it is enormously useful to businesses to have a suite of products with a single point of management and shared credentials. On the other hand, it is a monolithic system that is a non-starter for potential competitors.

The government is understandably worried about the security and stability risks of global dependence on Microsoft, too, but this is odd:

The CrowdStrike crash that affected millions of devices operating on Microsoft Windows systems earlier this year was itself a testament to the widespread use of the company’s products and how it directly affects the global economy.

This might just be Bloomberg’s contextualizing more than it is relevant to the government’s position. But, still, it seems wrong to me to isolate Windows as the problem instead of Crowdstrike itself, especially with better examples to be found in the SolarWinds breach and its track record with first-party security.

Ronan Farrow, the New Yorker:

Decisions by the White House and by Republican lawmakers about spyware will have implications across a variety of policy areas that Trump and his associates are upending and that reach far beyond Washington. In recent years, an array of states, including Texas, Florida, and California have reportedly purchased spyware and other surveillance technologies; legislators and regulators will dictate whether that trend continues. Since the fall of Roe v. Wade, at least two states have already used private personal data to prosecute people for getting abortions. That practice could expand with more widespread and affordable access to this technology.

This article appears to have been timed to coincide with the release of a new documentary on HBO, showing Farrow reporting out stories on NSO Group and other commercial spyware makers. It is not the most substantive piece and I think that plus the headline — “The Technology the Trump Administration Could Use to Hack Your Phone” — is more distracting than it is illuminating. U.S. administrations have, since George W. Bush, used terrorism as a means of hand-waving away civil liberties protections, including domestic spying. Barack Obama’s administration famously killed U.S. citizens without trial, an action which remains shocking to me to this day regardless of who carried it out. In his first administration, Donald Trump compromised the legitimacy of all manner of domestic and foreign politics.

So, to the question of whether the U.S. would begin using fancy spyware on citizens’ phones under any administration, the answer seems more like a question of when and not if. It is just one more tool of a long series of violations. The next Trump administration seems unlikely to be more restrained than the first but, when this happens, I bet it becomes part of the churn-and-burn media cycle. It will barely register except to those who already find this sort of stuff disturbing.

By the way, the documentary itself is fine. It is only about an hour long and is mostly a behind-the-scenes look at the reporting. I am not sure that there is anything new-for-2024 within. Farrow’s New Yorker articles about the subject are far more illuminating.

Michael Kan, PC Magazine:

Mozilla points to a key but less eye-catching proposal from the DOJ to regulate Google’s search business, which a judge ruled as a monopoly in August. In their recommendations, federal prosecutors urged the court to ban Google from offering “something of value” to third-party companies to make Google the default search engine over their software or devices. 

“The proposed remedies are designed to end Google’s unlawful practices and open up the market for rivals and new entrants to emerge,” the DOJ told the court. The problem is that Mozilla earns most of its revenue from royalty deals — nearly 86% in 2022 — making Google the default Firefox browser search engine.

This is probably another reason why U.S. prosecutors want to jettison Chrome from Google: they want to reduce any benefit it may accrue from trying to fix its illegal search monopoly. But it seems Google’s position in the industry is so entrenched that correcting it will hurt lots of other businesses, too. That does not mean it should not be broken up or that the DOJ’s proposed remedies are wrong, however.

Peter Kafka, Business Insider:

Titled “Operation Black Walnut,” the 2022 report appears to have been assembled by Google strategists to try to imagine what kind of ad business Apple might eventually build out one day.

Apple’s current ad business is mostly confined to selling ads on its App Store search results page. But the report’s authors speculate that Apple could eventually start selling ads that run on other people’s apps and eventually on the web via its Safari browser. It might eventually become a $30 billion business, they guesstimate.

The iPhone continues to be Apple’s big moneymaker but, right after it is a big bucket labelled “Services”. Some of that is thanks to monthly recurring charges for iCloud, media streaming, video games, news, and fitness stuff. That is what probably comes to mind when you head “Apple Services”. But there are a few more things in that bucket: AppleCare, payments, advertising, and the App Store. Those last two categories are looking less solid than they once did.

Included in “advertising” is the revenue sharing agreement between Apple and Google, which is probably going to take a $20 billion per year haircut. That is about 20% of Apple’s entire annual “Services” revenue, and 16% of its total profits for 2024. Also, regulators are chipping away at the company’s lock on its cut of in-app payments.

The Google document is speculative and external to Apple, so it does not represent Apple’s actual strategy. This is what Google, an advertising company, thinks Apple could do if it wanted to really commit to selling ads. Does losing its Google revenue share tip Apple’s hand? I sure hope not, but I am not the person trying to figure out whether to take a massive financial hit for users’ trust and enjoyment. If Apple has good taste, I hope it will make the right call.

Andre Romani and Alberto Alerigi Jr., Reuters:

Brazilian antitrust regulator Cade said on Monday that Apple must lift restrictions on payment methods for in-app purchases, among other things, as the watchdog moved to proceed with an investigation into a complaint filed by Latin America e-commerce giant MercadoLibre.

It would look very silly to me if Apple continues to deal with these consistent findings in country after country after country after country in individualized ways instead of updating its rules globally. Very silly, indeed.