Friday, July 31, 2020
Sweden's unorthodox response to COVID-19: A mistake?
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FA Cup final: Chelsea vs Arsenal Live stream, team news and preview
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Coronavirus: Mexico's death toll becomes world's third highest
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Trump says he will ban TikTok in the US
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Malaysia Super League (Liga Super Malaysia) 2020 restart: Fixtures, format change, results, table, top scorers and everything you need to know
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Indian football: Reliving East Bengal's origin story on their centenary foundation day
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The heat is on as Australia prepares for looming fire season
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'We are optimistic with Mbappe' - Herrera believes injured PSG superstar can play against Atalanta in Champions League
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Shyam Thapa: I scored the best goal of my life for East Bengal in a CFL derby in 1975
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Bhaichung Bhutia: Gurpreet Singh Sandhu's Norwegian gamble paid off
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Is Owen Coyle the man to end Jamshedpur FC's ISL play-off voodoo?
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Dangerous heat wave forecast for south-western areas of US
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Hong Kong 'issues arrest warrants' for exiled democracy activists
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ISL 2020-21: Owen Coyle to be Jamshedpur FC's new manager
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Dr Fauci is asked if protests spread coronavirus
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Mexico posts world's third-highest coronavirus death toll: Live
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Week in pictures: 25 July-31 July 2020
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Why a new generation of Thais are protesting against the government
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US election 2020: The war hero who could be Biden's running mate
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India coronavirus: Gold rush as pandemic roils country's economy
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Phyllis Omido: The woman who won $12m fighting lead battery poisoners
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Picture of the day for August 1, 2020
Female Common Brimstone butterfly (Gonepteryx rhamni) on a Spear Thistle (Cirsium vulgare) in Bernwood Forest, Oxfordshire. Learn more.
'There's a great confidence in the team' - Sarabia says PSG are ready for Champions League after securing a fourth trophy
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Thursday, July 30, 2020
Joshua Wong vows to fight on after HK election disqualifications
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Kaizer Chiefs haven't discussed Middendorp's future - Bobby Motaung
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Obama eulogy makes thinly veiled digs at Trump
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Trudeau: 'no preferential treatment' for WE Charity
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South Africa's apartheid-era statues 'should be put in a theme park'
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Could India's remaining 2022 World Cup qualifiers be played at a centralised venue?
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'Endure some more': Philippines extends coronavirus lockdown
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Australia state flags new curbs in struggle to tame coronavirus
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Kerala Blasters: Sahal Abdul Samad, Rahul KP set to sign contract extensions
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Francisco Bruto Da Costa - 'It is not important whether East Bengal play in ISL or I-League'
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Lee Teng-hui: Taiwan's 'father of democracy' dies
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Michael Brown: Officer won't be charged for 2014 killing of teenager
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'Stick to the facts' - Dortmund happy to keep under-contract Man Utd target Sancho
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'A fair go': Australia to force tech giants to pay media for news
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Afghanistan: At least 17 killed in Eid car blast
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Vietnam posts record jump in coronavirus cases: Live updates
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Obama aims criticism at Trump in eulogy for civil rights leader
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Missouri prosecutor declines charges in Ferguson teen's death
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Portland prepares for US agents to step back from protests
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Thiago will leave Bayern in search of new challenge - Rummenigge confirms
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Kebano scores as Fulham reach playoff final in second leg defeat by Cardiff City
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EFF: University App Mandates Are The Wrong Call
As students, parents, and schools prepare the new school year, universities are considering ways to make returning to campus safer. Some are considering and even mandating that students install COVID-related technology on their personal devices, but this is the wrong call. Exposure notification apps, quarantine enforcement programs, and similar new technologies are untested and unproven, and mandating them risks exacerbating existing inequalities in access to technology and education. Schools must remove any such mandates from student agreements or commitments, and further should pledge not to mandate installation of any technology.
Even worse, many schools—including Indiana University, UMass Amherst, and University of New Hampshire—are requiring students to make a general blanket commitment to installing an unspecified tracking app of the university’s choosing in the future. This gives students no opportunity to assess or engage with the privacy practices or other characteristics of this technology. This is important because not all COVID exposure notification and contact tracing apps, for example, are the same. For instance, Utah's Healthy Together app until recently collected not only Bluetooth proximity data but also GPS location data, an unnecessary privacy intrusion that was later rolled back. Google and Apple’s framework for exposure notification based on Bluetooth is more privacy-protective than a GPS-based solution, but the decision to install it or any other app must still be in the hands of the individuals affected.
Further, in many cases, students face disciplinary proceedings and sanctions if they violate these student agreements. That’s why tracking app mandates, particularly by government entities like public universities, have the potential to chill constitutionally protected speech. Students may be afraid to exercise their rights to speak about university policies if they know the university has the potential to sanction them for it.
The speculative discussion of COVID-related technology and schools has obscured a key fact: contact tracing is a long-established medical technique that was effective long before the advent of computers in our pockets. It involves interviews with a trained person to review a diagnosee's recent travels and interactions. It is still effective, and it is still necessary. Exposure notification apps are new, and there is not yet strong evidence of their efficacy. They certainly do not offer a silver-bullet solution.
App mandates also rely on various assumptions: that every person has their own smartphone, that the phone is an up-to-date Android or iOS device, and that it is always charged and close to their body. These assumptions exacerbate the digital divide, and relying excessively on apps over human contact tracing widens the already stark wealth and racial divides in who is most impacted by COVID-19. With app mandates in place, the same students who do not have reliable home broadband connections and study space for remote instruction would likely be unable to meet the smartphone app requirements to attend classes in person.
Universities should strike any app mandates from their existing student commitments, and should pledge to not include them in future student commitments. If and when a university identifies a specific technology it would like students to use, it is the university’s responsibility to present it to students and demonstrate that it is effective and respects their privacy: by sharing privacy policies, by explaining how and by whom student data will be used and shared, by making commitments regarding how the institution will protect students privacy, and by offering avenues for feedback before and during decision-making. Anything short of that abuses the university's power over its students and erodes their rights. It is not too late for schools to commit to a better path.
Published July 30, 2020 at 11:22PM
Read more on eff.org
Wednesday, July 29, 2020
Nasa Mars 2020: First aircraft to fly on another planet
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Nasa Mars rover: Perseverance robot poised for launch
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US records a coronavirus death every minute as toll tops 150,000
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Coronavirus: Australia's Victoria records huge case jump
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Coronavirus: Samsung profits soar on work from home demand
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'Worst phase of pandemic': Brazil hits record daily deaths, cases
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Football on TV: Matches to watch & stream in Malaysia this weekend
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Brian Mascarenhas: From an emerging talent at Salgaocar FC, now yearning for more minutes
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Indian Football: Mohun Bagan legends reminisce favourite Kolkata Derby moments
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Pronay Halder hopes to see more and more players West Bengal in the India team in future
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Domino's Pizza New Zealand drops 'free pizza for Karen' offer after backlash
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LIVE Malaysia Super League & national team football news: Kedah players finally lodge report to PFAM
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What's next after flood of US racial equity donations?
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Hong Kong students held in first arrests under new security law
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Hamidin Amin proposes annual youth FIFA tournaments in ASEAN meeting with Gianni Infantino
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Christian Kouame provides assist in Fiorentina thumping of Barrow's Bologna
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Amadou Diawara scores first Roma goal in narrow win over Aina's Torino
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Yazidi children still haunted by Islamic State, Amnesty International says
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Coronavirus outbreak accelerating in Brazil, US: Live updates
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'I'm like Benjamin Button!' - History-maker Ibrahimovic delighted with Sampdoria double
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Political talks stall in US on next round of coronavirus spending
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Picture of the day for July 30, 2020
A Red Fox (Vulpes vulpes) at the Etschlsattel (2,546 metres (8,353 ft)) near Mallnitz, High Tauern National Park, Carinthia, Austria. Learn more.
Havertz's Europa League participation is 'set in stone', claims Voller
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Tuesday, July 28, 2020
'More dangerous every day': Land rights defenders killings surge
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Indian football: Remembering Mohun Bagan's "Amor Ekadosh" - the "Immortal 11" from 1911
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Mohun Bagan's Srinjoy Bose: Our President promised ISL, we delivered to the fans
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US election: Biden pledges billions to improve racial equality
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Dreamworld deaths: Theme park owner pleads guilty to safety breaches
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Hong Kong University fires prominent democracy activist Benny Tai
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FOX NEWS: Donald Trump Jr. joins Tucker to discuss Big Tech censorship: It only hurts conservatives
Donald Trump Jr. joins Tucker to discuss Big Tech censorship: It only hurts conservatives
Donald Trump Jr., author of 'Liberal Privilege,' responds to temporary Twitter ban.
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Climate change: Coastal erosion 'to threaten more Australian homes'
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Jordan Ayew honoured to receive Crystal Palace awards
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'My Tanzanian family is split over coronavirus'
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China reports most coronavirus cases since April: Live updates
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Saka, Aubameyang and Leno in running for Arsenal Player of the Season prize
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Coronavirus: Scaled back Hajj pilgrimage due to start in Saudi Arabia
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Ecuador on alert over huge Chinese fishing fleet off Galapagos Islands
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Saudi Hajj coronavirus curbs mean 'no work, no salary, nothing'
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Should police be first to respond in a mental-health crisis?
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Police agencies withdraw from convention duty over tear gas rules
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Harvard professor accused of China ties faces US tax charges
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Nigeria’s Balogun begins training with Steven Gerrard’s Rangers
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Conte: Easier to move the Duomo than to bring Messi to Inter!
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Ronaldo generating Juventus support in Portugal as they welcome Champions League 'gift'
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EFF: A Legislative Path to an Interoperable Internet
It’s not enough to say that the Internet is built on interoperability. The Internet is interoperability. Billions of machines around the world use the same set of open protocols—like TCP/IP, HTTP, and TLS—to talk to one another. The first Internet-connected devices were only possible because phone lines provided interoperable communication ports, and scientists found a way to send data, rather than voice, over those phone lines.
In the early days of the Internet, protocols dictated the rules of the road. Because the Internet was a fundamentally decentralized, open system, services on the Internet defaulted to acting the same way. Companies may have tried to build their own proprietary networking protocols or maintain unilateral control over the content on the network, but they ultimately failed. The ecosystem was fast-moving, chaotic, and welcoming to new ideas.
Today, big platforms are ecosystems unto themselves. Companies create accounts on Twitter, Facebook, and YouTube in order to interact with consumers. Platforms maintain suites of business-facing APIs that let other companies build apps to work within the boundaries of those platforms. And since they control the infrastructure that others rely on, the platforms have unilateral authority to decide who gets to use it.
This is a problem for competition. It means that users of one platform have no easy way of interacting with friends on other services unless the platform’s owners decide to allow it. It means that network effects create enormous barriers to entry for upstart communications and social networking companies. And it means that the next generation of apps that would work on top of the new ecosystems can only exist at big tech’s pleasure.
That’s where interoperability can help. In this post, we’ll discuss how to bring about a more interoperable ecosystem in two ways: first, by creating minimum standards for interoperability that the tech giants must support; and second, by removing the legal moat that incumbents use to stave off innovative, competitive interoperators.
Interoperability is corporate entropy. It opens up space for chaotic, exciting new innovations, and erodes the high walls that monopolies build to protect themselves.
If Facebook and Twitter allowed anyone to fully and meaningfully interoperate with them, their size would not protect them from competition nearly as much as it does. But platforms have shown that they won’t choose to do so on their own. That’s where governments can step in: regulations could require that large platforms offer a baseline of interoperable interfaces that anyone, including competitors, can use. This would set a “floor” for how interoperable very large platforms must be. It would mean that once a walled garden becomes big enough, its owner needs to open up the gates and let others in.
Requiring big companies to open up specific interfaces would only win half the battle. There are always going to be upstarts who find new, unexpected, and innovative ways to interact with platforms—often against the platforms’ will. This is called “adversarial interoperability” or “competitive compatibility.” Currently, U.S. law gives incumbents legal tools to shut down those who would interoperate without the big companies’ consent. This limits the agency that users have within the services that are supposed to serve them, and it creates an artificial “ceiling” on innovation in markets dominated by monopolists.
It’s not enough to create new legal duties for monopolists without dismantling the legal tools they themselves use to stave off competition. Likewise, it’s not enough to legalize competitive compatibility, since the platforms have such an advantage in technical resources that serious competitors’ attempts to interoperate face enormous engineering challenges. To break out of the big platforms’ suffocating hold on the market, we need both approaches.
Mandating Access to Monopolist Platforms: Building a Floor
This post will look at one possible set of regulations, proposed in the bipartisan ACCESS Act, that would require platforms to interoperate with everyone else. At a high level, the ACCESS Act provides a good template for ensuring upstart competitors are able to interoperate and compete with monopolists. It won’t level the playing field, but it will ensure smaller companies have the right to play at all.
We’ll present three specific kinds of interoperability mandate, borrowed from the ACCESS Act’s framing. These are data portability, back-end interoperability, and delegability. Each one provides a piece of the puzzle: portability allows users to take their data and move to another platform; back-end interoperability lets users of upstart competitors interact with users of large platforms; and delegability allows users to interact with content from the big platforms through an interface of their choosing. All three address different ways that large platforms consolidate and guard their power. We’ll break these concepts down one at a time.
Data Portability
Data portability is the idea that users can take their data from one service and do what they want with it elsewhere. Portability is the “low-hanging fruit” of interoperability policy. Many services, Facebook and Google included, already offer relatively robust data portability tools. Furthermore, data portability mandates have been included in several recent data privacy laws, including the General Data Privacy Regulation (GDPR) and the California Consumer Privacy Act (CCPA).
Portability is relatively uncontroversial, even for the companies subject to regulation. In 2019, Facebook published a whitepaper supporting some legal portability mandates. For its part, Google has repeatedly led the way with user-friendly portability tools. And Google, Facebook, Microsoft, Twitter, and Apple have all poured resources into the Data Transfer Project, a set of technical standards to make data portability easier to implement.
The devil is in the details. Portability is hard at the edges, because assigning “ownership” to data is often hard. Who should have access to a photo that one person takes of another’s face, then uploads to a company’s server? Who should be able to download a person’s phone number: just the owner, or everyone they’re friends with on Facebook? It is extremely difficult for a single law to draw a bright line between what data a user is entitled to and what constitutes an invasion of another’s privacy. While creating portability mandates, regulators should avoid overly prescriptive orders that could end up hurting privacy.
Users should have a right to data portability, but that alone won’t be enough to loosen the tech giants’ grip. That’s because portability helps users leave a platform but doesn’t help them communicate with others who still use it.
Back-end Interoperability
The second, more impactful concept is back-end interoperability. Specifically, this means enabling users to interact with one another across the boundaries of large platforms. Right now, you can create an account on any number of small social networks, like diaspora or mastodon. But until your friends also move off of Facebook or Twitter, it’s extremely difficult to interact with them. Network effects prevent upstart competitors from taking off. Mandatory interoperability would force Facebook to maintain APIs that let users on other platforms exchange messages and content with Facebook users. For example, Facebook would have to let users of other networks post, like, comment, and send messages to users on Facebook without a Facebook account. This would enable true federation in the social media space.
Imagine a world where social media isn’t controlled by a monopoly. There are dozens of smaller services that look kind of like Facebook, but each has its own policies and priorities. Some services maintain tight control over what kind of content is posted. Others allow pseudonymous members to post freely with minimal interference. Some are designed for, and moderated by, specific cultural or political communities. Some are designed to share and comment on images; others lend themselves better to microblogs; others still to long textual exchanges.
Now imagine that a user on one platform can interact with any of the other platforms through a single interface. Users on one service can engage freely with content hosted on other services, subject to the moderation policies of the hosting servers. They don’t need to sign up for accounts with each service if they don’t want to (though they are more than free to do so). Facebook doesn’t have an obligation to host or promote content that violates its rules, but it does have a duty to connect its users to people and pages of their choosing on other networks. If users don’t like how the moderators of one community run things, they can move somewhere else. That’s the promise of federation.
Open technical standards to federate social networking already exist, and Facebook already maintains interfaces that do most of what the bill would require. But Facebook controls who can access its interfaces, and reserves the right to restrict or revoke access for any reason. Furthermore, Facebook requires that all of its APIs be accessed on behalf of a Facebook user, not a user of another service. It offers “interoperability” in one direction—flowing into Facebook—and it has no incentive to respect users who host their data elsewhere. An interoperability mandate, and appropriate enforcement, could solve both of these problems.
Delegability
The third and final piece of the legislative framework is delegability. This is the idea that a user can delegate a third-party company, or a piece of third-party software, to interact with a platform on their behalf. Imagine if you could read your Facebook feed as curated by a third party that you trust. You could see things in raw chronological order, or see your friends’ posts in a separate feed from the news and content companies that you follow. You could calibrate your own filters for hate speech and misinformation, if you chose. And you could assign a trusted third party to navigate Facebook’s twisted labyrinth of privacy settings for you, making sure you got the most privacy-protective experience by default.
A great deal of the problems caused by monopolistic platforms are due to their interfaces. Ad-driven tech companies use dark patterns and the power of defaults to get users’ “consent” for much of their rampant data collection. In addition, ad-driven platforms often curate information in ways that benefit advertisers, not users. The ways Facebook, Twitter, and Youtube present content are designed to maximize engagement and drive up quarterly earnings. This frequently comes at the expense of user well-being.
A legal mandate for delegability would require platforms to allow third-party software to interface with their systems in the same way users do. In other words, they would have to expose interfaces for common user interactions—sending messages, liking and commenting on posts, reading content, and changing settings—so that users could delegate a piece of software to do those things for them. At a minimum, it would mean that platforms can leave their tech the way it is—after all, these functions are already exposed through a user interface, and so may be automated—and stop suing companies that try to build on top of it. A more interventionist regulation could require platforms to maintain stable, usable APIs to serve this purpose.
This is probably the most interventionist of the three avenues of regulation. It also has the most potential to cause harm. If platforms are forced to create new interfaces and given only limited authority to moderate their use, Facebook and Twitter could become even more overrun with bots. In addition, any company that is able to act on a user’s behalf will have access to all of that person’s information. Safeguards need to be created to ensure that user privacy is not harmed by this kind of mandate.
Security, Privacy, Interoperability: Choose All Three
Interoperability mandates are a heavy-duty regulatory tool. They need to be implemented carefully to avoid creating new problems with data privacy and security.
Mandates for interoperability and delegability have the potential to exacerbate the privacy problems of existing platforms. Cambridge Analytica acquired its hoard of user data through Facebook’s existing APIs. If we require Facebook to open those APIs to everyone, we need to make sure that the new data flows don’t lead to new data abuses. This will be difficult, but not impossible. The key is to make sure users have control. Under a new mandate, Facebook would have to open up APIs for competing companies to use, but no data should flow across company boundaries until users give explicit, informed consent. Users must be able to withdraw that consent easily, at any time. The data shared should be minimized to what is actually necessary to achieve interoperability. And companies that collect data through these new interoperable interfaces should not be allowed to monetize that data in any way, including using it to profile users for ads.
Interoperability may also clash with security. Back-end interoperability will mean that big platforms need to keep their public-facing APIs stable, because changing them frequently or without notice could break the connections to other services. However, once a service becomes federated, it can be extremely difficult to change the way it works at all. Consider email, the archetypal federated messaging service. While end-to-end encryption has taken off on centralized messaging services like iMessage and WhatsApp, email servers have been slow to adopt even basic, point-to-point encryption with STARTTLS. It’s proven frustratingly difficult to get stakeholders on the same page, so inertia wins, and many messages are sent using the same technology we used in the ‘90s. Some encryption experts have stated, credibly, that they believe federation makes it too “slow” to build a competitive encrypted messaging service.
But security doesn’t have to take a backseat to interoperability. In a world with interoperability mandates, standards don’t have to be decided by committee: the large platform that is subject to regulation can dictate how its services evolve, as long as it continues to grant fair access to everyone. If Facebook is to make its encrypted chat services interoperable with third parties, it must reserve the right to aggressively fix bugs and patch vulnerabilities. Sometimes, this will make it difficult for competitors to keep up, but protocol security is not something we can afford to sacrifice. Anyone who wants to be in the business of providing secure communications must be ready to tackle vulnerabilities quickly and according to industry best practices.
Interoperability mandates will present new challenges that we must take seriously. That doesn’t mean interoperability has to destroy privacy or undermine security. Lawmakers must be careful when writing new mandates, but they should diligently pursue a path that gives us interoperability without creating new risks for users.
Unlocking Competitive Compatibility: Removing the Ceiling
Interoperability mandates could make a great floor for interoperability. By their nature, mandates are backward-looking, seeking to establish competitive ecosystems instead of incumbent monopolies. No matter how the designers of these systems strain their imaginations, they can never plan for the interoperability needs of all the future use-cases, technologies, and circumstances.
Enter “competitive compatibility,” or ComCom, which will remove the artificial ceiling on innovation imposed by the big platforms. A glance through the origin stories of technologies as diverse as cable TV, modems, the Web, operating systems, social media services, networks, printers, and even cigarette-lighter chargers for cellphones reveals that the technologies we rely on today were not established as full-blown, standalone products, but rather, they started as adjuncts to the incumbent technologies that they eventually grew to eclipse. When these giants were mere upstarts, they shouldered their way rudely into the market by adding features to existing, widely used products, without permission from the companies whose products they were piggybacking on.
Today, this kind of bold action is hard to find, though when it’s tried, it’s a source of tremendous value for users and a real challenge to the very biggest of the Big Tech giants.
Competitive compatibility was never rendered obsolete. Rather, the companies that climbed up the ComCom ladder kicked that ladder away once they had comfortably situated themselves at the peak of their markets.
They have accomplished this by distorting existing laws into anti-competitive doomsday devices. Whether it’s turning terms of service violations into felonies, making independent repair into a criminal copyright violation, banning compatibility altogether, or turning troll with a portfolio of low-grade patents, it seems dominant firms are never more innovative than when they're finding ways to abuse the law to make it illegal to compete with them.
Big Tech’s largely successful war on competitive compatibility reveals one of the greatest dangers presented by market concentration: its monopoly rents produce so much surplus that firms can afford to pursue the maintenance of their monopolies through the legal system, rather than by making the best products at the best prices.
EFF has long advocated for reforms to software patents, anti-circumvention rules, cybersecurity law, and other laws and policies that harm users and undermine fundamental liberties. But the legal innovations on display in the war on competitive compatibility show that fixing every defective tech law is not guaranteed to restore a level playing field. The lesson of legal wars like Oracle v. Google is that any ambiguity in any statute can be pressed into service to block competitors.
After all, patents, copyrights, cybersecurity laws, and other weapons in the monopolist’s arsenal were never intended to establish and maintain industrial monopolies. Their use as anti-competitive weapons is a warning that a myriad of laws can be used in this way.
The barriers to competitive compatibility are many and various: there are explicitly enumerated laws, like section 1201 of the DMCA; then there are interpretations of those laws, like the claims that software patents cover very obvious "inventions" if the words "with a computer" are added to them; and then there are lawsuits to expand existing laws, like Oracle's bid to stretch copyright to cover APIs and other functional, non-copyrightable works.
There are several ways to clear the path for would-be interoperators. These bad laws can be worked around or struck down, one at a time, through legislation or litigation. Legislators could also enshrine an affirmative right to interoperate in law that would future-proof against new legal threats. Furthermore, regulators could require that entities receiving government contracts, settling claims of anticompetitive conduct, or receiving permission to undertake mergers make binding covenants not to attack interoperators under any legal theory.
Comprehensively addressing threats to competitive compatibility will be a long and arduous process, but the issue is urgent. It’s time we got started.
Published July 28, 2020 at 11:59PM
Read more on eff.org
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EFF: How Mexico's New Copyright Law Crushes Free Expression
When Mexico's Congress rushed through a new copyright law as part of its adoption of Donald Trump's United States-Mexico-Canada Agreement (USMCA), it largely copy-pasted the US copyright statute, with some modifications that made the law even worse for human rights.
The result is a legal regime that has all the deficits of the US system, and some new defects that are strictly hecho en Mexico, to the great detriment of the free expression rights of the Mexican people.
Mexico's Constitution has admirable, far-reaching protections for the free expression rights of its people. Mexico’s Congress is not merely prohibited from censoring its peoples' speech -- it is also banned from making laws that would cause others to censor Mexicans' speech.
Mexico’s Supreme Court has ruled that Mexican authorities and laws must recognize both Mexican constitutional rights law and international human rights law as the law of the land. This means that the human rights recognized in the Constitution and international human rights treaties such as the American Convention on Human Rights, including their interpretation by the authorized bodies, make up a “parameter of constitutional consistency," except that where they clash, the most speech-protecting rule wins. Article 13 of the American Convention bans prior restraint (censorship prior to publication) and indirect restrictions on expression.
As we will see, Mexico's new copyright law falls very far from this mark, exposing Mexicans to grave risks to their fundamental human right to free expression.
Filters
While the largest tech companies in America have voluntarily adopted algorithmic copyright filters, Article 114 Octies of the new Mexican law says that "measures must be taken to prevent the same content that is claimed to be infringing from being uploaded to the system or network controlled and operated by the Internet Service Provider after the removal notice." This makes it clear that any online service in Mexico will have to run algorithms that intercept everything posted by a user, compare it to a database of forbidden sounds, words, pictures, and moving images, and, if it finds a match, it will have to block this material from public view or face potential fines.
Requiring these filters is an unlawful restriction on freedom of expression. “At no time can an ex ante measure be put in place to block the circulation of any content that can be assumed to be protected. Content filtering systems put in place by governments or commercial service providers that are not controlled by the end-user constitute a form of prior censorship and do not represent a justifiable restriction on freedom of expression." Moreover, they are routinely wrong. Filters often mistake users own creative works for copyrighted works controlled by large corporations and block them at the source. For example, classical pianists who post their own performances of public domain music by Beethoven, Bach, and Mozart find their work removed in an eyeblink by an algorithm that accuses them of stealing from Sony Music, which has registered its own performances of the same works.
To make this worse, these filters amplify absurd claims about copyright — for example, the company Rumblefish has claimed copyright in many recordings of ambient birdsong, with the effect that videos of people walking around outdoors get taken down by filters because a bird was singing in the background. More recently, humanitarian efforts to document war-crimes fell afoul of automated filtering.
Filters can't tell when a copyrighted work is incidental to a user's material or central to it. For example, if your seven-hour scholarly conference's livestream captures some background music playing during the lunch break, YouTube's filters will wipe out all seven hours' worth of audio, destroying the only record of the scientific discussions during the rest of the day.
For many years, people have toyed with the idea of preventing their ideological opponents' demonstrations and rallies from showing up online by playing copyrighted music in the background, causing all video-clips from the event to be filtered away before the message could spread.
This isn’t a fanciful strategy: footage from US Black Lives Matter demonstrations is vanishing from the Internet because the demonstrators played amplified music during their protests.
No one is safe from filters: last week, CBS's own livestreamed San Diego Comic-Con presentation was shut down due to an erroneous copyright claim by itself.
Filters can only tell you if a work matches or doesn't match something in their database — they can't tell if that match constitutes a copyright violation. Mexican copyright contains "limitations and exceptions" for a variety of purposes. While this is narrower than the US's fair use law, it nevertheless serves as a vital escape valve for Mexicans' free expression. A filter can't tell if a match means that you are a critic quoting a work for a legitimate purpose or an infringer breaking the law.
As if all this wasn't bad enough: the Mexican filter rule does not allow firms to ignore those with a history of making false copyright claims. This means that if a fraudster sent Twitter or Facebook — or a Made-In-Mexico alternative — claims to own the works of Shakespeare, Cervantes, or Juana Inés de la Cruz, the companies could ignore those particular claims if their lawyers figured out that the sender did not own the copyright, but would have to continue evaluating each new claim from this known bad actor. If a fraudster included just one real copyright claim amidst the torrent of fraud, the online service provider would be required to detect that single valid claim and honor it.
This isn't a hypothetical risk: "copyfraud" is a growing form of extortion, in which scammers claim to own artists' copyrights, then coerce the artists with threats of copyright complaints.
Algorithms work at the speed of data, but their mistakes are corrected in human time (if at all). If an algorithm is correct an incredible, unrealistic 99 percent of the time, that means it is wrong one percent of the time. Platforms like YouTube, Facebook and TikTok receive hundreds of millions of videos, pictures and comments every day — one percent of one hundred million is one million. That's one million judgments that have to be reviewed by the company's employees to decide whether the content should be reinstated.
The line to have your case heard is long. How long? Jamie Zawinski, a nightclub owner in San Francisco, posted an announcement of an upcoming performance by a band at his club in 2018, only to have it erroneously removed by Instagram. Zawinski appealed. 28 months later, Instagram reversed its algorithm's determination and reinstated his announcement — more than two years after the event had taken place.
This kind of automated censorship is not limited to nightclubs. Your contribution to your community's online discussion of an upcoming election is just as likely to be caught in a filter as Zawinski's talking about a band. When (and if) the platform decides to let your work out of content jail, the vote will have passed, and with it, your chance to be part of your community's political deliberations.
As terrible as filters are, they are also very expensive. YouTube's "Content ID" filter has cost the company more than $100,000,000, and this flawed and limited filter accomplishes only a narrow slice of the filtering required under the new Mexican law. Few companies have an extra $100,000,000 to spend on filtering technology, and while the law says these measures “should not impose substantial burdens" on implementers, it also requires them to find a way to achieve permanent removal of material following a notification of copyright infringement. Filter laws mean even fewer competitors in the already monopolized online world, giving the Mexican people fewer places where they may communicate with one another.
TPMs
Section 1201 of America's Digital Millennium Copyright Act (DMCA) is one of the most catastrophic copyright laws in history. It provides harsh penalties for anyone who tampers with or disables a "technical protection measure" (TPM): massive fines or, in some cases, prison sentences. These TPMs — including what is commonly known as "Digital Rights Management" or DRM — are the familiar, dreaded locks that stop you from refilling your printer's ink cartridge, using an unofficial App Store with your phone or game console, or watching a DVD from overseas in your home DVD player.
You may have noticed that none of these things violate copyright — and yet, because you must remove a digital lock in order to do them, you could be sued in the name of copyright law. DMCA 1201 does not provide the clear, unambiguous protection that would be needed to protect free expression. One appellate court in the United States has explicitly held that you can be liable for a violation of Section 1201 even if you’re making a fair use, and that is the position adopted by the U.S. Copyright Office. Other courts disagree, but the net effect is that you engage in these non-infringing uses and expressions at your peril. The US Congress has failed to clarify this law and tie liability for bypassing a TPM to an actual act of copyright infringement — “you may not remove the TPM from a Netflix video to record it and put it on the public Internet (a copyright infringement), but if you do so in order to make a copy for personal use (not a copyright infringement), that's fine."
The failure to clearly tie DMCA 1201 liability to infringement has had wide-ranging effects for repair, cybersecurity and competition that we will explore in later installments of this series. Today, we want to focus on how TPMs undermine free expression.
TPMs give unlimited power to manufacturers. An ever-widening constellation of devices are designed so that any modifications require bypassing a TPM and incurring liability. This allows companies to sell you a product but dictate how you must use it — preventing you from installing your own apps or other code to make it work the way you want it to.
The first speech casualty of TPM rules is the software author. This person can write code -- a form of speech — but they cannot run it on their devices without permission from the manufacturer, nor can they give the code to others to run on their devices.
Why might a software author want to change how their device works? Perhaps because it is interfering with their ability to read literature, watch films, hear music or see images. TPMs such as the global DVB CPCM standard enforce a policy called the "Authorized Domain" that defines what is — and is not — a family. Authorized Domain devices owned by a standards compliant family can all share creative works among them, allowing parents and children to share among themselves.
But an "Authorized Domain family" is not the same as an actual family. The Authorized Domain was designed by rich people from the global north working for multinational corporations, whose families are far from typical. The Authorized Domain will let you share videos between your boat, your summer home, and your SUV — but it won't let you share videos between a family whose daughter works as a domestic worker in another country, whose son is a laborer in another state, and whose parents are migrant workers who are often separated (there are far more families in this situation than there are families with yachts and second homes!).
Even if your family meets with the approval of an algorithm designed in a distant board-room by strangers who have never lived a life like yours, you still may find yourself unable to partake in culture that you are entitled to. TPMs typically require a remote server to function, and when your Internet goes down, your books or movies can be rendered unviewable.
It's not just Internet problems that can cause the art and culture you own to vanish: last year, Microsoft became the latest in a long list of companies who switched off their DRM servers because they decided they no longer wanted to be a bookstore. Everyone who ever bought a book from Microsoft lost their books.
Forever.
Mexico's Congress did nothing to rebalance its version of America's TPM rules. Indeed, Mexico's rules are worse than America's. Under DMCA 1201, the US Copyright Office holds hearings every three years to grant exemptions to the TPM rule, granting people the right to remove or bypass TPMs for legitimate purposes. America's copyright regulator has granted a very long list of these exemptions, having found that TPMs were interfering with Americans in unfair, unjust, and even unsafe ways. Of course, that process is far from perfect: it’s slow, skewed heavily in favor of rightsholders, and illegally restricts free expression by forcing would-be speakers to ask the government in advance for permission through an arbitrary process.
Mexico's new copyright law mentions a possible equivalent proceeding but leaves it maddeningly undefined — and certainly does nothing to remedy the defects in the US process. Recall that USMCA is a trade agreement, supposedly designed to put all three countries on equal footing — but Americans have the benefit of more than two decades' worth of exemptions to this terrible rule, while Mexicans will have to labor under its full weight until (and unless) they can use this undefined process to secure a comparable list of exemptions. And even then, they won’t have the flexibility offered by fair use under US law.
Notice and Takedown
Section 512 of the US DMCA created a "notice and takedown" rule that allows rightsholders or their representatives to demand the removal of works without any showing of evidence or finding of fact that their copyrights were infringed. This has been a catastrophe for free expression, allowing the removal of material without due care or even through malicious, fraudulent acts (the author of this article had his New York Times bestselling novel improperly removed from the Internet by careless lawyers for Fox Entertainment, who mistook it for an episode of a TV show of the same name).
As bad as America's notice and takedown system is, Mexico's is now worse.
In America, online services that honor notice and takedown get a "safe harbor" — meaning that they are not considered liable for their users' copyright infringements. However, online services in the US that believe a user’s content is noninfringing may ignore it, and they are only liable at all if they meet the tests for “secondary liability" for copyright infringement, something that is far from automatic. If the rightsholder sues, the service may end up in court alongside their user, but the service can still rely on the safe harbor in relation to other works published by other users, provided they remove them upon notice of infringement.
The Mexican law makes it a strict requirement to remove content. Under Article 232 Quinquies (II), providers must honor all takedown demands by copyright owners, even obviously overreaching ones, or they face fines of UMA1,000-20,000.
Further, Article 232 Quinquies (III) of the Mexican law allows anyone claiming to be an infringed-upon rightsholder to obtain the personal information of the alleged infringer. This means that gangsters, thin-skinned public officials, stalkers, and others can use fraudulent copyright claims to unmask their critics. Who will complain about corrupt police, abusive employers, or local crime-lords when their personal information can be retrieved with such ease? We recently defended the anonymity of a person who questioned their religious community, when the religious organization tried to use the corresponding part of the DMCA to identify them. In the name of copyright, the law gives new tools to anyone with power to stifle dissent and criticism.
This isn't the only "chilling effect" in the Mexican law. Under Article 114 Octies (II), a platform must comply with takedown requests for mere links to a Web-page that is allegedly infringing. Linking, by itself, is not an infringement in the United States or Canada, and its legal status is contested in Mexico. There are good reasons why linking is not infringement: It’s important to be able to talk about speech elsewhere on the Internet and to share facts, which may include the availability of copyrighted works whose license or infringement status is unknown. Besides that, Web-pages change all the time: if you link to a page that is outside of your control and it is later updated in a way that infringes copyright, you could be the target of a takedown request.
Act now!
If you are based in Mexico, we urge you to participate in R3D's campaign "Ni Censura ni Candados" and send a letter to Mexico's National Commission for Human Rights to asking them to invalidate this new flawed copyright law. R3D will ask for your name, email address, and your comment, which will be subject to R3D's privacy policy.
Published July 28, 2020 at 12:32AM
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EFF: San Francisco Police Accessed Business District Camera Network to Spy on Protestors
The San Francisco Police Department (SFPD) conducted mass surveillance of protesters at the end of May and in early June using a downtown business district's camera network, according to new records obtained by EFF. The records show that SFPD received real-time live access to hundreds of cameras as well as a "data dump" of camera footage amid the ongoing demonstrations against police violence.
The camera network is operated by the Union Square Business Improvement District (BID), a special taxation district created by the City and County of San Francisco, but operated by a private non-profit organization. These networked cameras, manufactured by Motorola Solutions' brand Avigilon, are high definition, can zoom in on a person's face to capture face-recognition ready images, and are linked to a software system that can automatically analyze content, including distinguishing between when a car or a person passes within the frame. Motorola Solutions recently unveiled plans to expand its portfolio of tools for aiding public-private partnerships with law enforcement by making it easier for police to gain access to private cameras and video analytic tools like license plate readers.
These unregulated camera networks pose huge threats to civil liberties
Union Square BID is only one of several special assessment districts in San Francisco that have begun deploying these cameras. These organizations are quasi-government agencies that act with state authority to collect taxes and provide services such as street cleaning. While they are run by private non-profits, they are funded with public money and carry out public services. However, in this case, the cameras were driven by one particular private citizen working with these districts.
In 2012, cryptocurrency mogul Chris Larsen started providing money for what would eventually be $4 million worth of cameras deployed by businesses within the special assessment districts. These camera networks are managed by staff within the neighborhood and streamed to a local control room, but footage can be shared with other entities, including individuals and law enforcement, with little oversight. At least six special districts have installed these camera networks, the largest of which belongs to the Union Square BID. The camera networks now blanket a handful of neighborhoods and cover 135 blocks, according to a recent New York Times report.
According to logs obtained by EFF, SFPD has regularly sought footage related to alleged looting and assault in the area associated with the ongoing protests against police violence. However, SFPD has gone beyond simply investigating particular incident reports and instead engaged in indiscriminate surveillance of protesters.
Review the documents on DocumentCloud or scroll to the bottom of the page for direct downloads.
SFPD requested and received a "data dump" of 12 hours of footage from every camera in the Union District BID from 5:00 pm on May 30, 2020 to 5:00 am on May 31, 2020. While this may have coincided with an uptick in property destruction in the protests’ vicinity, the fact that SFPD requested all footage without any kind of specificity means that anyone who attended the protests—or indeed was simply passing by—could have been caught in the surveillance dragnet.
Also on May 31, SFPD's Homeland Security Unit requested real-time access to the Union Square BID camera network "to monitor potential violence," claiming they needed it for "situational awareness and enhanced response." At 9:38am, the BID received SFPD’s initial request via email, and by 11:47am, the BID’s Director of Services emailed a technical specialist saying, “We have approved this request to provide access to all of our cameras for tonight and tomorrow night. Can you grant 48 hour remote access to [the officer]?”
This email exchange shows that SFPD was given an initial two days of monitoring of live feeds, as well as technical assistance from the BID, to get their remote access up and running. An email dated June 2 shows that SFPD requested access to live feeds of the camera network for another five days. The email reads:
“I...have been tasked by our Captain to reach out to see if we can extend our request for you [sic] BID cameras. We greatly appreciate you guys allowing us access for the past 2 days,but we are hoping to extend our access through the weekend. We have several planned demos all week and we anticipate several more over the weekend which are the ones we worry will turn violent again.”
SFPD confirmed to EFF that the Union Square BID granted extended access for live feeds.
Prior to these revelations, Chris Larsen, the funder of the special assessment district cameras, was on record as describing live access to the camera networks as illegal. “The police can't monitor it live,” said Larsen in a recent interview, “That's actually against the law in San Francisco."
Last year, San Francisco passed a law restricting how and when government agencies may acquire, borrow, and use surveillance technology. Under these new rules, police cannot use any surveillance technology without first going through a public process and obtaining approval for a usage policy by the San Francisco Board of Supervisors. The same restrictions apply to police obtaining information or data based on an external entity’s use of surveillance technology. These records demonstrate a violation of San Francisco’s Surveillance Technology Ordinance. SFPD’s unfettered and indiscriminate live access for over a week to a third-party camera network to monitor protests was exactly the type of harm the ordinance was intended to protect against.
These unregulated camera networks pose huge threats to civil liberties, even in times outside of the largest protest in U.S. history. In addition to cameras mounted outside of or facing private businesses, many of the special assessment district cameras also provide full view of public parks, pedestrian walkways, and other plazas where people might congregate, socialize, or protest. These documents prove that constant surveillance of these locations might capture—deliberately or accidentally—gatherings protected under the First Amendment. When those gatherings involve protesting the police or other existing power structures, law enforcement access to these cameras could open people up to retribution, harassment, or increased surveillance and ultimately chill participation in civic society. SFPD must immediately stop accessing special assessment district camera networks to indiscriminately spy on protestors.
Published July 27, 2020 at 10:15PM
Read more on eff.org
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Liverpool working on finding the next Alexander-Arnold or Robertson - Klopp
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Friday, July 24, 2020
Amazon, Google and Wish remove neo-Nazi products
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Coronavirus: The week when everything changed for Trump
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Brazil's racial reckoning: 'Black lives matter here, too'
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Why US-China relations are at their lowest point in decades
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WhereIsMyName: Afghan women campaign for the right to reveal their name
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Papa Shirandula: Kenyan actor Charles Bukeko remembered
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Indonesia vows to end practice of bride kidnapping
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By bike, boat and horseback: Epic coronavirus journeys home
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Picture of the day for July 25, 2020
Książ is the largest castle in the Silesia region, located in northern Wałbrzych in Lower Silesian Voivodeship, Poland.. Learn more.
'Thiago is a great player' - Klopp repeats praise for Bayern Munich star as Liverpool rumours persist
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'We don't want to win due to misfortunes of others' - Atalanta's Gasperini hopes Mbappe recovers for Champions League
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Belhanda scores as Galatasaray end Super Lig season with draw at Antalyaspor
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‘It was indescribable’ - Ibrahim Amada on impact of Madagascar participation at Afcon 2019
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FOX NEWS: Apple donating proceeds from John Lewis documentary to museums that honor the civil rights leader's legacy
Apple donating proceeds from John Lewis documentary to museums that honor the civil rights leader's legacy
Apple is donating the proceeds from its documentary on the life of former congressman and civil rights leader John Lewis to museums that honor his legacy, the company said on Friday.
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FOX NEWS: Americans, especially Republicans, say social media companies too powerful
Americans, especially Republicans, say social media companies too powerful
While most Republicans and Democrats believe social media companies wield too much power, Republicans are more likely to hold this view, according to a new Pew Research Center survey.
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FOX NEWS: Coronavirus sparks surge in online swingers in big cities: report
Coronavirus sparks surge in online swingers in big cities: report
The coronavirus pandemic has sparked a surge in online swingers in America’s biggest cities, according to a report.
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FOX NEWS: Amid coronavirus quarantines, Twitter sees unprecedented spike in users
Amid coronavirus quarantines, Twitter sees unprecedented spike in users
Twitter has received an unprecedented surge of users amid the global coronavirus pandemic and U.S. protests.
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FOX NEWS: Army enters a new era in warfare for 2040 -- the 'Big 10'
Army enters a new era in warfare for 2040 -- the 'Big 10'
U.S. Army leaders are quite vocal and clear about the service’s six major modernization priorities, however, a close look across the spectrum of current major programs raises a pertinent question: Could the Army now be building ten new platforms?
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FOX NEWS: 'Jackpotting' thieves are emptying ATMs with new technique
'Jackpotting' thieves are emptying ATMs with new technique
High-tech thieves are upping their game to pilfer ATMs.
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FOX NEWS: Lawmakers concerned China may hack, disrupt US military satellite networks
Lawmakers concerned China may hack, disrupt US military satellite networks
What if a drone-launched, precision-guided Hellfire missile or fighter-jet air-dropped bomb was heading directly toward a designated enemy target, but it was disabled or its trajectory was suddenly jammed, altered or thrown off-course?
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