Category: court

Columbus Mayor Andrew Ginther said on August 13 that a “breakthrough” in the city’s forensic investigation of the breach found that the sensitive files Rhysida obtained were either encrypted or corrupted, making them “unusable” to the thieves. Ginther went on to say the data’s lack of integrity was likely the reason the ransomware group had been unable to auction off the data. Shortly after Ginther made his remarks, security researcher David Leroy Ross contacted local news outlets and presented evidence that showed the data Rhysida published was fully intact and contained highly sensitive information regarding city employees and residents. Ross, who uses the alias Connor Goodwolf, presented screenshots and other data that showed the files Rhysida had posted included names from domestic violence cases and Social Security numbers for police officers and crime victims. Some of the data spanned years.

On Thursday, the city of Columbus sued Ross (PDF) for alleged damages for criminal acts, invasion of privacy, negligence, and civil conversion. The lawsuit claimed that downloading documents from a dark web site run by ransomware attackers amounted to him “interacting” with them and required special expertise and tools. The suit went on to challenge Ross alerting reporters to the information, which ii claimed would not be easily obtained by others. “Only individuals willing to navigate and interact with the criminal element on the dark web, who also have the computer expertise and tools necessary to download data from the dark web, would be able to do so,” city attorneys wrote. “The dark web-posted data is not readily available for public consumption. Defendant is making it so.” The same day, a Franklin County judge granted the city’s motion for a temporary restraining order (PDF) against Ross. It bars the researcher “from accessing, and/or downloading, and/or disseminating” any city files that were posted to the dark web. The motion was made and granted “ex parte,” meaning in secret before Ross was informed of it or had an opportunity to present his case.

“We won BIG,” an artist plaintiff, Karla Ortiz, wrote on X (formerly Twitter), celebrating the order. “Not only do we proceed on our copyright claims,” but “this order also means companies who utilize” Stable Diffusion models and LAION-like datasets that scrape artists’ works for AI training without permission “could now be liable for copyright infringement violations, amongst other violations.” Lawyers for the artists, Joseph Saveri and Matthew Butterick, told Ars that artists suing “consider the Court’s order a significant step forward for the case,” as “the Court allowed Plaintiffs’ core copyright-infringement claims against all four defendants to proceed.”

The complaint cites statements including from a March 5 conference call where Kurtz characterized CrowdStrike’s software as “validated, tested and certified.” The lawsuit led by the Plymouth County Retirement Association of Plymouth, Massachusetts, seeks unspecified damages for holders of CrowdStrike Class A shares between Nov. 29, 2023 and July 29, 2024. Further reading: Delta CEO Says CrowdStrike-Microsoft Outage Cost the Airline $500 Million

And in a victory for journalists, the judge specifically acknowledged the First Amendment implications of cellphone searches too. She cited reporting by The Intercept and VICE about CPB searching journalists’ cellphones “based on these journalists’ ongoing coverage of politically sensitive issues” and warned that those phone searches could put confidential sources at risk. Wednesday’s ruling adds to a stream of cases restricting the feds’ ability to search travelers’ electronics. The 4th and 9th Circuits, which cover the mid-Atlantic and Western states, have ruled that border police need at least “reasonable suspicion” of a crime to search cellphones. Last year, a judge in the Southern District of New York also ruled (PDF) that the government “may not copy and search an American citizen’s cell phone at the border without a warrant absent exigent circumstances.”

As independent contractors, gig workers are not entitled to benefits like sick leave, overtime and workers’ compensation. The SEIU union and four gig workers, ultimately, challenged Prop 22 based on its conflict with the Legislature’s power to administer workers’ compensation, specifically. The law, which passed with 58 percent of the vote in 2020, makes gig workers ineligible for workers’ comp, which opponents of Prop 22 argued rendered the entire law unconstitutional. […] Beyond the implications for gig workers, the heavily-funded Prop 22 ballot campaign pushed the limits of what could be spent on an initiative, ultimately becoming the most expensive measure in California history. Uber and Lyft have both threatened to leave any states that pass laws not classifying their drivers as independent contractors. The decision Thursday closes the door to that possibility for California.

Slashdot reader krakman shares this report from the Washington Post:
“The SEC’s rationale, under which the statute must be construed to broadly cover all systems public companies use to safeguard their valuable assets, would have sweeping ramifications,” [judge] Engelmayer wrote in a 107-page decision. “It could empower the agency to regulate background checks used in hiring nighttime security guards, the selection of padlocks for storage sheds, safety measures at water parks on whose reliability the asset of customer goodwill depended, and the lengths and configurations of passwords required to access company computers,” he wrote. The federal judge also dismissed SEC claims that SolarWinds’ disclosures after it learned its customers had been affected improperly covered up the gravity of the breach…

In an era when deeply damaging hacking campaigns have become commonplace, the suit alarmed business leaders, some security executives and even former government officials, as expressed in friend-of-the-court briefs asking that it be thrown out. They argued that adding liability for misstatements would discourage hacking victims from sharing what they know with customers, investors and safety authorities. Austin-based SolarWinds said it was pleased that the judge “largely granted our motion to dismiss the SEC’s claims,” adding in a statement that it was “grateful for the support we have received thus far across the industry, from our customers, from cybersecurity professionals, and from veteran government officials who echoed our concerns.”

The article notes that as far back as 2018, “an engineer warned in an internal presentation that a hacker could use the company’s virtual private network from an unauthorized device and upload malicious code. Brown did not pass that information along to top executives, the judge wrote, and hackers later used that exact technique.”
Engelmayer did not dismiss the case entirely, allowing the SEC to try to show that SolarWinds and top security executive Timothy Brown committed securities fraud by not warning in a public “security statement” before the hack that it knew it was highly vulnerable to attacks.

The SEC “plausibly alleges that SolarWinds and Brown made sustained public misrepresentations, indeed many amounting to flat falsehoods, in the Security Statement about the adequacy of its access controls,” Engelmayer wrote. “Given the centrality of cybersecurity to SolarWinds’ business model as a company pitching sophisticated software products to customers for whom computer security was paramount, these misrepresentations were undeniably material.”

“Unbeknownst to Plaintiff and other Barnaby website users, and constituting the ultimate violation of privacy, Barnaby allows an undisclosed third-party, Microsoft, to intercept, read, and utilize for commercial gain consumers’ private information about their sexual practices and preferences, gleaned from their activity on Barnaby’s websites,” the complaint states. “This information includes but is not limited to product searches and purchase initiations, as well as the consumer’s unique Microsoft identifier.” The complaint claims that Good Vibrations and Babeland sites have installed trackers using Microsoft’s Clarity software, which does “recording in real time,” and tracks users’ mouse movements, clicks or taps, scrolls, and site navigation. Microsoft says on the Clarity site that it “processes a massive amount of anonymous data around user behavior to gain insights and improve machine learning models that power many of our products and services.”

“By allowing undisclosed third party Microsoft to eavesdrop and intercept users’ PPSI in such a manner — including their sexual orientation, preferences, and desires, among other highly sensitive, protected information — Barnaby violates its Privacy Policies, which state it will never share such information with third parties,” the complaint states. The complaint includes screenshots of code from the sexual health sites that claims to show them using Machine Unique Identifier (“MUID”) cookies that “identifies unique web browsers visiting Microsoft sites,” according to Microsoft, and are used for “advertising, site analytics, and other operational purposes.” The complaint claims that this violates the California Invasion of Privacy Act, the Federal Wiretap Act, and Californians’ reasonable expectation of privacy.

Court-ordered debt payments have consumed a growing share of Brazil’s federal budget. The government estimated it would spend 70.7 billion reais ($13.2 billion) next year on judicial decisions where it can no longer appeal. The figure does not include small-value claims, which historically amount to around 30 billion reais annually. The combined amount of over 100 billion reais represents a sharp increase from 37.3 billion reais in 2015. It is equivalent to about 1% of gross domestic product, or 15% more than the government expects to spend on unemployment insurance and wage bonuses to low-income workers next year. AGU did not provide a reason for Brazil’s rising court costs.

Kramer is facing 13 felony charges alleging he violated a New Hampshire law against attempting to deter someone from voting using misleading information. He also faces 13 misdemeanor charges accusing him of falsely representing himself as a candidate by his own conduct or that of another person. The charges were filed in four counties and will be prosecuted by the state attorney general’s office. Attorney General John Formella said New Hampshire was committed to ensuring that its elections “remain free from unlawful interference.”

Kramer, who owns a firm that specializes in get-out-the-vote projects, did not respond to an email seeking comment Thursday. He told The Associated Press in February that he wasn’t trying to influence the outcome of the election but rather wanted to send a wake-up call about the potential dangers of artificial intelligence when he paid a New Orleans magician $150 to create the recording. “Maybe I’m a villain today, but I think in the end we get a better country and better democracy because of what I’ve done, deliberately,” Kramer said in February.

T-Mobile and Verizon agreed to pay $4.1 million each while AT&T agreed to pay a little over $2 million. The settlement includes AT&T subsidiary Cricket Wireless and Verizon subsidiary TracFone. The settlement involves 49 of the 50 US states (Florida did not participate) and the District of Columbia. The states’ investigation found that the three major carriers “made several misleading claims in their advertising, including misrepresenting ‘unlimited’ data plans that were actually limited, offering ‘free’ phones that came at a cost, and making false promises about switching to different wireless carrier plans.”

“AT&T, Verizon, and T-Mobile lied to millions of consumers, making false promises of free phones and ‘unlimited’ data plans that were simply untrue,” James said. “Big companies are not excused from following the law and cannot trick consumers into paying for services they will never receive.” The carriers denied any illegal conduct despite agreeing to the settlement. In addition to payments to each state, the carriers agreed to changes in their advertising practices. It’s unclear whether consumers will get any refunds out of the settlement, however. These are the following changes the three carriers agreed upon, as highlighted by the NY attorney general’s office:
– “Unlimited” mobile data plans can only be marketed if there are no limits on the quantity of data allowed during a billing cycle.
– Offers to pay for consumers to switch to a different wireless carrier must clearly disclose how much a consumer will be paid, how consumers will be paid, when consumers can expect payment, and any additional requirements consumers have to meet to get paid.
– Offers of “free” wireless devices or services must clearly state everything a consumer must do to receive the “free” devices or services.
– Offers to lease wireless devices must clearly state that the consumer will be entering into a lease agreement.
– All “savings” claims must have a reasonable basis. If a wireless carrier claims that consumers will save using its services compared to another wireless carrier, the claim must be based on similar goods or services or differences must be clearly explained to the consumer.

The advertising restrictions are to be in place for five years.