Theranos Founder Elizabeth Holmes Requests a New Trial

Elizabeth Holmes — the founder of blood testing startup Theranos and the poster child for misleading investors, media, and innocent people looking for medical care through a web of deceit — wants a do-over. She is requesting a new trial, according to a document filed Tuesday in the Southern District Court of California. Gizmodo reports: The motion for a new trial, authored by Holmes’ attorneys, hinges on “newly discovered evidence,” specifically: the alleged testimony regrets of Adam Rosendorff. Rosendorff was a lab director at Theranos and later, testified as a key witness in the case against Holmes and her ex-boyfriend/partner in crime Ramesh “Sunny” Balwani. His original testimony lasted multiple days and emphasized the pressure that Theranos employees were under to demonstrate the faulty diagnostic technology worked, even when it didn’t.

“I felt that it was a question on my integrity as a physician not to remain there and to continue to bolster results I essentially didn’t have faith in,” Rosendorff said while on the witness stand in 2021, according to CNBC. “I came to understand that management was not sincere in diverting resources to solve issues.” Now, Holmes and her lawyers are claiming that Rosendorff left a voicemail and then showed up at Holmes’ residence on August 8 in a desperate bid to communicate that he “felt he had done something wrong, apparently in connection with Ms. Holmes’ trial.” The motion, supposedly paraphrasing Rosendorff, says that the former Theranos employee stated, “the government made things seem worse than they were.”

In the document, Holmes’ legal team wrote, “Under any interpretation of his statements, the statements warrant a new trial under Rule 33. But, at a minimum, and to the extent the Court has any doubt about whether a new trial is required, the Court should order an evidentiary hearing and permit Ms. Holmes to subpoena Dr. Rosendorff to testify about his concerns.” Holmes was found guilty in January on four of 11 charges defrauding the company’s investors and patients. She was found not guilty on four counts.

In July, Balwani was found guilty of 12 counts of conspiracy and fraud against certain investors and patients.

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Britain’s Failure To Build is Throttling Its Economy

An anonymous reader shares a report: Building in Britain is never easy, often difficult and sometimes impossible. The country has become a vetocracy, in which many people and agencies have the power to stymie any given development. The Town and Country Planning Act, passed in 1947, in effect nationalised the right to build. Decisions about whether to approve new projects are made by politicians who rely on the votes of nimbys (“Not in my back yard”), notes (“Not over there, either”) and bananas (“Build absolutely nothing anywhere near anything”). Green belts, which were designed to stop suburban sprawl, have achieved precisely that. These enormous no-build zones enjoy Pyongyangesque levels of support among voters, who picture them as rural idylls rather than the mish-mash of motorways, petrol stations, scrubland and golf courses that they are in reality. Strict environmental laws protect many creatures, especially cute ones like bats. Judges strike down government decisions if they are based on a botched process because Britain respects the rule of law.

In isolation, each part of the planning system may seem unobjectionable. But the whole thing is a disaster. Britain’s failure to build enough is most pronounced when it comes to housing. England has 434 homes per 1,000 people, whereas France has 590. Its most dynamic cities can barely expand outwards, and are frequently prevented from shooting skywards as well. But the problems extend well beyond housing. Britain has not built a reservoir since 1991 or finished a new nuclear-power station since 1995. hs2, a high-speed railway, is the first new line connecting large British cities since the 19th century. Even modest projects, such as widening the a66 road across northern England, take over a decade. The result is frustration and slower economic growth. A truly bold government could transform the planning system. A proper land-value tax would weaken the perverse incentives to keep city centres underdeveloped and encourage landlords to build or sell up. Scrapping or shrinking the green belt is a no-brainer. A rules-based system, with local authorities declaring loose zones of development and letting developers build within them, would be preferable to a discretionary system that leaves each decision in the hands of capricious politicians.

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Facebook ‘Repeatedly and Intentionally’ Violated Washington’s Political Ad Law, Judge Rules

The Seattle Times reports:
Meta, Facebook’s parent company, repeatedly and intentionally violated Washington campaign-ad transparency law and must pay penalties yet to be determined, a judge ruled Friday.

The court also denied Meta’s attempt to invalidate Washington’s decades-old transparency law, according to Attorney General Bob Ferguson, whose office has repeatedly sued Meta over its failure to abide by the law…. In a statement, Ferguson said his office defeated Facebook’s “cynical attempt” to gut Washington’s campaign-finance transparency law. “On behalf of the people of Washington, I challenge Facebook to accept this decision and do something very simple — follow the law,” he said.
Meta did not immediately respond to a request for comment.

Washington’s transparency law, originally passed by voters through an initiative in 1972, requires ad sellers such as Meta to disclose the names and addresses of political ad buyers, the targets of such ads and the total number of views of each ad.

Meta says that rather than comply with the law, Facebook has stopped serving campaign ads altogether in Washington, GeekWire reports, “after determining that the company wouldn’t be able to reasonably comply with the law.”

But “The current suit against Meta, filed in April 2020, asserts that the company continued to accept political ads in the state after promising to stop.”
The judge will now consider fines and a potential injunction against the social media giant, reported Eli Sanders, a Seattle journalist who covered the dispute for years for The Stranger newspaper and more recently in his Wild West newsletter….

In court filings, Meta called Washington state “an outlier,” arguing that the disclosure law violates the First Amendment by unfairly targeting political speech, and imposing onerous timelines for disclosing what Meta considers unreasonable degrees of detail to people who request information about political ads.

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Attacks on Linux Servers Rose 75% Over Last Year, Warn Security Researchers

“There’s been a big rise in ransomware attacks targeting Linux,” reports ZDNet, “as cyber criminals look to expand their options and exploit an operating system that is often overlooked when businesses think about security.”

According to analysis by cybersecurity researchers at Trend Micro, Linux servers are “increasingly coming under fire” from ransomware attacks, with detections up by 75% over the course of the last year as cyber criminals look to expand their attacks beyond Windows operating systems.

Linux powers important enterprise IT infrastructure including servers, which makes it an attractive target for ransomware gangs — particularly when a perceived lack of threat to Linux systems compared with Windows means that cybersecurity teams might choose to focus on defending Windows networks against cybercrime. Researchers note that ransomware groups are increasingly tailoring their attacks to focus specifically on Linux systems. For example, LockBit is one of the most prolific and successful ransomware operations of recent times and now offers the option of a Linux-based variant that is designed to target Linux systems and has been used to conduct attacks in the wild….

And it isn’t just ransomware groups that are increasingly turning their attentions towards Linux — according to Trend Micro, there’s been a 145% increase in Linux-based cryptocurrency-mining malware attacks, where cyber criminals secretly exploit the power of infected computers and servers to mine for cryptocurrency for themselves. One of the ways cyber criminals are compromising Linux systems is by exploiting unpatched vulnerabilities. According to the report, these flaws include CVE-2022-0847 — also known as Dirty Pipe — a bug that affects the Linux kernel from versions 5.8 and up, which attackers can use to escalate their privileges and run code. Researchers warn that this bug is “relatively easy to exploit”.
The article recommends installing all security patches as soon as they’re available — and implementing multi-factor authentication across your organization.

And yes, it’s the real ZDNet. They’ve just re-designed their web site…

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A Solar Firm’s Plan to Build Off-Grid Neighborhoods in California

Sunnova is one of America’s largest rooftop solar companies, according to the New York Times. But they’ve now applied to California’s Public Utilities Commission for permission to become the state’s first solar (and storage) micro-utility, initiating formal steps to qualify and “request a certificate to construct and operate microgrids,” targetting new home developments that aren’t yet connected to the grid.

“We see a future where communities, neighborhoods, and businesses can operate independently from the legacy grid with sustainable energy sources that provide uninterrupted power,” says the company’s founder and CEO. “We believe microgrids address a strong need in the market for more robust energy solutions and better connectivity….” But he’s also offering touting another possible benefit: “relief that the existing transmission and distribution system will experience given that most of the power that will be consumed by these communities will be generated locally from renewable resources.”

The company likes to point out that America’s recently-passed climate bill included tax incentives to encourage microgrids. But the New York Times describes it as “a business model that is illegal in much of the United States.”
Sunnova said it would offer those residents electricity that was up to 20 percent cheaper than the rates charged by investor-owned utilities like Pacific Gas & Electric and Southern California Edison. If approved by regulators, the micro-utility model, also known as a microgrid, could undermine the growth of those larger utilities by depriving them access to new homes or forcing them to lower their rates to keep that business. Sunnova executives argue that the approach they are seeking approval for was authorized under a California law passed almost two decades ago for a resort just south of Lake Tahoe. In addition, the company says advances in solar and battery technology mean that neighborhoods can be designed to generate more than enough electricity to meet their own needs at a lower cost than relying on the grid.

“If they don’t want to choose me, that should be their right; if they don’t want to choose you, that should be their right, too,” said John Berger, the chief executive of Sunnova.

A small number of homeowners have gone off the grid as the cost of solar panels and batteries has fallen. But doing so can be hard or impossible. Some local governments have rejected permits for off-grid homes on health and safety grounds, arguing that a connection to the grid is essential. But connecting a single home to the grid can cost tens or even hundreds of thousands of dollars, which means an off-grid system may actually be cheaper — especially for properties in remote areas, or in places where the local grid is at its capacity and would require significant upgrades to serve more homes. Off-grid setups can also be appealing because once a system is paid off, the cost of operating and maintaining it is often modest and predictable, whereas utility rates can move up sharply…. The nationwide average retail electricity rate increased 11 percent in June from a year earlier, according to the Energy Information Administration.

But the kind of micro-utilities that Sunnova hopes to create have also had problems. The utopian visions of generating electricity where it is used have often run into maintenance and other problems. Many tiny utilities created under such models in the United States and Canada were later swallowed up by larger power companies…. Sunnova’s microgrid approach could suffer a similar fate. But the costs of solar panels and batteries have tumbled over the last decade, making the energy that off-grid systems generate much more affordable….

Utilities have been pressing regulators to reduce the compensation homeowners receive for the excess solar energy their rooftop systems send to the grid. The companies have argued that customers with solar panels are being offered generous credits for power that they are not contributing adequately toward the cost of maintaining power lines and other grid equipment….

Building and operating microgrids could provide a steady source of income to companies like Sunnova. That could essentially transform the rooftop solar companies into the kinds of utilities that they have long fought against.

Sunnova bills itself as an “Energy as a Service” company, and they expect their microgrids to experience 30 minutes or less of outages each year, the Times points out, “compared with an average of two hours a year at California’s large investor-owned utilities.”

In the article, the chief executive of home-building company Lennar says they’ve already formed a partnership with Sunnova. “We value the current electric grid and we’re intrigued by new microgrid solutions that can supplement and support the traditional utility grid and help solve reliability during extreme weather and peak demand.”

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Problems Delay Launch of NASA’s SLS Rocket – Again

With 8.8 million pounds of thrust, NASA’s SLS would’ve been the most powerful rocket ever launched into space, notes the Orlando Sentinel.
But instead on Saturday morning, “NASA scrubbed its second attempt to launch the Artemis I mission into lunar orbit…” reports CNET. “During a press conference later in the day, Jim Free, an associate administrator at NASA Headquarters, said we shouldn’t expect to see a third attempt within this launch period, which culminates Tuesday.” (Though the mission manager the next launch attempt could be as late as mid-October.)

“This time, the culprit was a liquid hydrogen leak that showed up while the team was loading the rocket’s core stage….”

According to the space agency, the leak occurred “while loading the propellant into the core stage of the Space Launch System rocket” and that “multiple troubleshooting efforts to address the area of the leak, by reseating a seal in the quick disconnect where liquid hydrogen is fed into the rocket, did not fix the issue.”
This is the second time the Artemis I mission has been delayed. Liftoff attempt No. 1 was scheduled for Monday, but launch director Charlie Blackwell-Thompson had to call a scrub then as well, because of an unyielding problem with what’s known as an engine bleed test. (This process is meant to allow the engines to chill to the right temperature by releasing a small amount of the fuel).

“We were unable to get the engines within the thermal conditions required to commit to launch,” Artemis mission manager Mike Sarafin said during a press conference on Tuesday. “In combination with that, we also had a bent valve issue on the core stage, and it was at that point that the team decided to knock off the launch attempt for that day.”

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