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judge-calls-foul-on-venu,-blocks-launch-of-espn-warner-fox-streaming-service

Judge calls foul on Venu, blocks launch of ESPN-Warner-Fox streaming service

Out of bounds —

Upcoming launch of $42.99 sports package likely to “substantially lessen competition.”

Texas losing to Alabama in the 2010 BCS championship

Gina Ferazzi via Getty

A US judge has temporarily blocked the launch of a sports streaming service formed by Disney’s ESPN, Warner Bros and Fox, finding that it was likely to “substantially lessen competition” in the market.

The service, dubbed Venu, was expected to launch later this year. But FuboTV, a sports-focused streaming platform, filed an antitrust suit in February to block it, arguing its business would “suffer irreparable harm” as a result.

On Friday, US District Judge Margaret Garnett in New York granted an injunction to halt the launch of the service while Fubo’s lawsuit against the entertainment giants works its way through the court.

The opinion was sealed but the judge noted in an entry on the court docket that Fubo was “likely to succeed on its claims” that by entering the agreement, the companies “will substantially lessen competition and restrain trade in the relevant market” in violation of antitrust law.

In a statement, ESPN, Fox and Warner Bros Discovery said they planned to appeal against the decision.

Venu was aimed at US consumers who had either ditched their traditional pay TV packages for streaming or never signed up for a cable subscription. “Cord cutting” has been eroding the traditional TV business for years, but live sports has remained a primary draw for customers who have held on to their cable subscriptions.

Fubo TV was launched in 2015 as a sports-focused streamer. It offers more than 350 channels—including those carrying major sporting events such as Premier League football matches, baseball, the National Football League and the US National Basketball Association—for monthly subscription prices starting at $79.99. Its offerings included networks owned by Disney and Fox.

ESPN, Fox and Warner Bros said Venu was “pro-competitive,” aimed at reaching “viewers who currently are not served by existing subscription options.”

Venu was expected to charge $42.99 a month when it launched later this month. It “will feature just 15 channels, all featuring popular live sports—the kind of skinny sports bundle that Fubo has tried to offer for nearly a decade, only to encounter tooth-and-nail resistance,” Fubo said in a court filing seeking the injunction.

Venu was expected to aggregate about $16 billion worth of sports rights, analysts have estimated. It was not expected to have an impact on the individual companies’ ability to strike new rights deals.

Analysts had questioned its position in the marketplace. Disney plans to roll out ESPN as a “flagship” streaming service in August 2025 that will carry programming that appears on the TV network as well as gaming, shopping and other interactive content. Disney chief executive Bob Iger said he wants the service to become the “pre-eminent digital sports platform.”

Fubo shares rose 16.8 percent after the ruling, but the stock is down 51 percent this year.

© 2022 The Financial Times Ltd. All rights reserved Not to be redistributed, copied, or modified in any way.

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push-alerts-from-tiktok-include-fake-news,-expired-tsunami-warning

Push alerts from TikTok include fake news, expired tsunami warning

Broken —

News-style notifications include false claims about Taylor Swift, other misleading info.

illustration showing a phone with TikTok logo

FT montage/Getty Images

TikTok has been sending inaccurate and misleading news-style alerts to users’ phones, including a false claim about Taylor Swift and a weeks-old disaster warning, intensifying fears about the spread of misinformation on the popular video-sharing platform.

Among alerts seen by the Financial Times was a warning about a tsunami in Japan, labeled “BREAKING,” that was posted in late January, three weeks after an earthquake had struck.

Other notifications falsely stated that “Taylor Swift Canceled All Tour Dates in What She Called ‘Racist Florida’” and highlighted a five-year “ban” for a US baseball player that originated as an April Fool’s day prank.

The notifications, which sometimes contain summaries from user-generated posts, pop up on screen in the style of a news alert. Researchers say that format, adopted widely to boost engagement through personalized video recommendations, may make users less critical of the veracity of the content and open them up to misinformation.

“Notifications have this additional stamp of authority,” said Laura Edelson, a researcher at Northeastern University, in Boston. “When you get a notification about something, it’s often assumed to be something that has been curated by the platform and not just a random thing from your feed.”

Social media groups such as TikTok, X, and Meta are facing greater scrutiny to police their platforms, particularly in a year of major national elections, including November’s vote in the US. The rise of artificial intelligence adds to the pressure given that the fast-evolving technology makes it quicker and easier to spread misinformation, including through synthetic media, known as deepfakes.

TikTok, which has more than 1 billion global users, has repeatedly promised to step up its efforts to counter misinformation in response to pressure from governments around the world, including the UK and EU. In May, the video-sharing platform committed to becoming the first major social media network to label some AI-generated content automatically.

The false claim about Swift canceling her tour in Florida, which also circulated on X, mirrored an article published in May in the satirical newspaper The Dunning-Kruger Times, although this article was not linked or directly referred to in the TikTok post.

At least 20 people said on a comment thread that they had clicked on the notification and were directed to a video on TikTok repeating the claim, even though they did not follow the account. At least one person in the thread said they initially thought the notification “was a news article.”

Swift is still scheduled to perform three concerts in Miami in October and has not publicly called Florida “racist.”

Another push notification inaccurately stated that a Japanese pitcher who plays for the Los Angeles Dodgers faced a ban from Major League Baseball: “Shohei Ohtani has been BANNED from the MLB for 5 years following his gambling investigation… ”

The words directly matched the description of a post uploaded as an April Fools’ day prank. Tens of commenters on the original video, however, reported receiving alerts in mid-April. Several said they had initially believed it before they checked other sources.

Users have also reported notifications that appeared to contain news updates but were generated weeks after the event.

One user received an alert on January 23 that read: “BREAKING: A tsunami alert has been issued in Japan after a major earthquake.” The notification appeared to refer to a natural disaster warning issued more than three weeks earlier after an earthquake struck Japan’s Noto peninsula on New Year’s Day.

TikTok said it had removed the specific notifications flagged by the FT.

The alerts appear automatically to scrape the descriptions of posts that are receiving, or are likely to receive, high levels of engagement on the viral video app, owned by China’s ByteDance, researchers said. They seem to be tailored to users’ interests, which means that each one is likely to be limited to a small pool of people.

“The way in which those alerts are positioned, it can feel like the platform is speaking directly to [users] and not just a poster,” said Kaitlyn Regehr, an associate professor of digital humanities at University College London.

TikTok declined to reveal how the app determined which videos to promote through notifications, but the sheer volume of personalized content recommendations must be “algorithmically generated,” said Dani Madrid-Morales, co-lead of the University of Sheffield’s Disinformation Research Cluster.

Edelson, who is also co-director of the Cybersecurity for Democracy group, suggested that a responsible push notification algorithm could be weighted towards trusted sources, such as verified publishers or officials. “The question is: Are they choosing a high-traffic thing from an authoritative source?” she said. “Or is this just a high-traffic thing?”

Additional reporting by Hannah Murphy in San Francisco and Cristina Criddle in London.

© 2024 The Financial Times Ltd. All rights reserved. Not to be redistributed, copied, or modified in any way.

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almost-unfixable-“sinkclose”-bug-affects-hundreds-of-millions-of-amd-chips

Almost unfixable “Sinkclose” bug affects hundreds of millions of AMD chips

Deep insecurity —

Worse-case scenario: “You basically have to throw your computer away.”

Security flaws in your computer’s firmware, the deep-seated code that loads first when you turn the machine on and controls even how its operating system boots up, have long been a target for hackers looking for a stealthy foothold. But only rarely does that kind of vulnerability appear not in the firmware of any particular computer maker, but in the chips found across hundreds of millions of PCs and servers. Now security researchers have found one such flaw that has persisted in AMD processors for decades, and that would allow malware to burrow deep enough into a computer’s memory that, in many cases, it may be easier to discard a machine than to disinfect it.

At the Defcon hacker conference, Enrique Nissim and Krzysztof Okupski, researchers from the security firm IOActive, plan to present a vulnerability in AMD chips they’re calling Sinkclose. The flaw would allow hackers to run their own code in one of the most privileged modes of an AMD processor, known as System Management Mode, designed to be reserved only for a specific, protected portion of its firmware. IOActive’s researchers warn that it affects virtually all AMD chips dating back to 2006, or possibly even earlier.

Nissim and Okupski note that exploiting the bug would require hackers to already have obtained relatively deep access to an AMD-based PC or server, but that the Sinkclose flaw would then allow them to plant their malicious code far deeper still. In fact, for any machine with one of the vulnerable AMD chips, the IOActive researchers warn that an attacker could infect the computer with malware known as a “bootkit” that evades antivirus tools and is potentially invisible to the operating system, while offering a hacker full access to tamper with the machine and surveil its activity. For systems with certain faulty configurations in how a computer maker implemented AMD’s security feature known as Platform Secure Boot—which the researchers warn encompasses the large majority of the systems they tested—a malware infection installed via Sinkclose could be harder yet to detect or remediate, they say, surviving even a reinstallation of the operating system.

“Imagine nation-state hackers or whoever wants to persist on your system. Even if you wipe your drive clean, it’s still going to be there,” says Okupski. “It’s going to be nearly undetectable and nearly unpatchable.” Only opening a computer’s case, physically connecting directly to a certain portion of its memory chips with a hardware-based programming tool known as SPI Flash programmer and meticulously scouring the memory would allow the malware to be removed, Okupski says.

Nissim sums up that worst-case scenario in more practical terms: “You basically have to throw your computer away.”

In a statement shared with WIRED, AMD acknowledged IOActive’s findings, thanked the researchers for their work, and noted that it has “released mitigation options for its AMD EPYC datacenter products and AMD Ryzen PC products, with mitigations for AMD embedded products coming soon.” (The term “embedded,” in this case, refers to AMD chips found in systems such as industrial devices and cars.) For its EPYC processors designed for use in data-center servers, specifically, the company noted that it released patches earlier this year. AMD declined to answer questions in advance about how it intends to fix the Sinkclose vulnerability, or for exactly which devices and when, but it pointed to a full list of affected products that can be found on its website’s security bulletin page.

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one-startup’s-plan-to-fix-ai’s-“shoplifting”-problem

One startup’s plan to fix AI’s “shoplifting” problem

I’ve been caught stealing, once when I was five —

Algorithm will identify sources used by generative AI, compensate them for use.

One startup’s plan to fix AI’s “shoplifting” problem

Bloomberg via Getty

Bill Gross made his name in the tech world in the 1990s, when he came up with a novel way for search engines to make money on advertising. Under his pricing scheme, advertisers would pay when people clicked on their ads. Now, the “pay-per-click” guy has founded a startup called ProRata, which has an audacious, possibly pie-in-the-sky business model: “AI pay-per-use.”

Gross, who is CEO of the Pasadena, California, company, doesn’t mince words about the generative AI industry. “It’s stealing,” he says. “They’re shoplifting and laundering the world’s knowledge to their benefit.”

AI companies often argue that they need vast troves of data to create cutting-edge generative tools and that scraping data from the Internet, whether it’s text from websites, video or captions from YouTube, or books pilfered from pirate libraries, is legally allowed. Gross doesn’t buy that argument. “I think it’s bullshit,” he says.

So do plenty of media executives, artists, writers, musicians, and other rights-holders who are pushing back—it’s hard to keep up with the constant flurry of copyright lawsuits filed against AI companies, alleging that the way they operate amounts to theft.

But Gross thinks ProRata offers a solution that beats legal battles. “To make it fair—that’s what I’m trying to do,” he says. “I don’t think this should be solved by lawsuits.”

His company aims to arrange revenue-sharing deals so publishers and individuals get paid when AI companies use their work. Gross explains it like this: “We can take the output of generative AI, whether it’s text or an image or music or a movie, and break it down into the components, to figure out where they came from, and then give a percentage attribution to each copyright holder, and then pay them accordingly.” ProRata has filed patent applications for the algorithms it created to assign attribution and make the appropriate payments.

This week, the company, which has raised $25 million, launched with a number of big-name partners, including Universal Music Group, the Financial Times, The Atlantic, and media company Axel Springer. In addition, it has made deals with authors with large followings, including Tony Robbins, Neal Postman, and Scott Galloway. (It has also partnered with former White House Communications Director Anthony Scaramucci.)

Even journalism professor Jeff Jarvis, who believes scraping the web for AI training is fair use, has signed on. He tells WIRED that it’s smart for people in the news industry to band together to get AI companies access to “credible and current information” to include in their output. “I hope that ProRata might open discussion for what could turn into APIs [application programming interfaces] for various content,” he says.

Following the company’s initial announcement, Gross says he had a deluge of messages from other companies asking to sign up, including a text from Time CEO Jessica Sibley. ProRata secured a deal with Time, the publisher confirmed to WIRED. He plans to pursue agreements with high-profile YouTubers and other individual online stars.

The key word here is “plans.” The company is still in its very early days, and Gross is talking a big game. As a proof of concept, ProRata is launching its own subscription chatbot-style search engine in October. Unlike other AI search products, ProRata’s search tool will exclusively use licensed data. There’s nothing scraped using a web crawler. “Nothing from Reddit,” he says.

Ed Newton-Rex, a former Stability AI executive who now runs the ethical data licensing nonprofit Fairly Trained, is heartened by ProRata’s debut. “It’s great to see a generative AI company licensing training data before releasing their model, in contrast to many other companies’ approach,” he says. “The deals they have in place further demonstrate media companies’ openness to working with good actors.”

Gross wants the search engine to demonstrate that quality of data is more important than quantity and believes that limiting the model to trustworthy information sources will curb hallucinations. “I’m claiming that 70 million good documents is actually superior to 70 billion bad documents,” he says. “It’s going to lead to better answers.”

What’s more, Gross thinks he can get enough people to sign up for this all-licensed-data AI search engine to make as much money needed to pay its data providers their allotted share. “Every month the partners will get a statement from us saying, ‘Here’s what people search for, here’s how your content was used, and here’s your pro rata check,’” he says.

Other startups already are jostling for prominence in this new world of training-data licensing, like the marketplaces TollBit and Human Native AI. A nonprofit called the Dataset Providers Alliance was formed earlier this summer to push for more standards in licensing; founding members include services like the Global Copyright Exchange and Datarade.

ProRata’s business model hinges in part on its plan to license its attribution and payment technologies to other companies, including major AI players. Some of those companies have begun striking their own deals with publishers. (The Atlantic and Axel Springer, for instance, have agreements with OpenAI.) Gross hopes that AI companies will find licensing ProRata’s models more affordable than creating them in-house.

“I’ll license the system to anyone who wants to use it,” Gross says. “I want to make it so cheap that it’s like a Visa or MasterCard fee.”

This story originally appeared on wired.com.

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google-antitrust-verdict-leaves-apple-with-“inconvenient-alternatives”

Google antitrust verdict leaves Apple with “inconvenient alternatives”

trustbusting —

A reliable source of billions of dollars in income is at risk for the iPhone maker.

A Google

Benj Edwards

The landmark antitrust ruling against Google on Monday is shaking up one of the longest-standing partnerships in tech.

At the heart of the case are billions of dollars’ worth of exclusive agreements Google has inked over the years to become the default search engine on browsers and devices across the world. No company benefited more than fellow Big Tech giant Apple—which US District Judge Amit Mehta called a “crucial partner” to Google.

During a weekslong trial, Apple executives showed up to explain and defend the partnership. Under a deal that first took shape in 2002, Google paid a cut of search advertising revenue to Apple to direct its users to Google Search as default, with payments reaching $20 billion for 2022, according to the court’s findings. In exchange, Google got access to Apple’s valuable user base—more than half of all search queries in the US currently flow through Apple devices.

Since Monday’s ruling, Apple has been quiet. But it is likely to be deeply involved in the next phase of the case, which will address the proposed fix to Google’s legal breaches. Remedies in the case could be targeted or wide-ranging. The Department of Justice, which brought the case, has not said what it will seek.

“The most profound impact of the judgment is liable to be felt by Apple,” said Eric Seufert, an independent analyst.

JPMorgan analysts wrote that the ruling left Apple with a range of “inconvenient alternatives,” including the possibility of a new revenue-sharing agreement with Google that does not grant it exclusive rights as the default search engine, thereby reducing its value.

Reaching revenue-sharing deals with alternative search engines like Microsoft’s Bing, they wrote, would “offer lower economic benefits for Apple, given Google’s superior advertising monetisation.”

Mehta noted in his ruling that the idea of replacing the Google agreement with one involving Microsoft and Bing had come up previously. Eddy Cue, Apple’s senior vice-president of services, “concluded that a Microsoft-Apple deal would only make sense if Apple ‘view[ed] Google as somebody [they] don’t want to be in business with and therefore are willing to jeopardize revenue to get out. Otherwise it [was a] no brainer to stay with Google as it is as close to a sure thing as can be,’” Mehta wrote.

Apple could build its own search engine. It has not yet done so, and the judge in the case stopped short of agreeing with the DoJ that the Google deal amounted to a “pay-off” to Apple to keep it out of the search engine market. An internal Apple study in 2018, cited in the judge’s opinion, found that even if it did so and maintained 80 percent of queries, it would still lose $12 billion in revenue in the first five years after separating from Google.

Mehta cited an email from John Giannandrea, a former Google executive who now works for Apple, saying, “There is considerable risk that [Apple] could end up with an unprofitable search engine that [is] also not better for users.”

Google has vowed to appeal against the ruling. Nicholas Rodelli, an analyst at CRFA Research, said it was a “long shot,” given the “meticulous” ruling.

Rodelli said he believed the judge “isn’t likely to issue a game-changing injunction,” such as a full ban on revenue-sharing with Apple. Depending on the remedy the judge decides for Google’s antitrust violations, Seufert said Apple could “either be forced to accept a much less lucrative arrangement with Microsoft [over Bing] or may be prevented from selling search defaults at all.”

“It’s certainly going to adjust the relationship between Google and Apple,” said Bill Kovacic, a former Federal Trade Commission chair and professor of competition law and policy at George Washington University Law School.

Mozilla’s funding may be at risk

Apple is not the only company potentially affected by Monday’s ruling. According to the court, Google’s 2021 payment to Mozilla for the default position on its browser was more than $400 million, about 80 percent of Mozilla’s operating budget. A spokesperson for Mozilla said it was “closely reviewing” the decision and “how we can positively influence the next steps.”

Meanwhile, the search market is undergoing a transformation, as companies such as Google and Microsoft explore how generative AI chatbots can transform traditional search features.

Apple’s partnership with OpenAI, announced in June, will allow users to direct their queries to its chatbot ChatGPT. A smarter Siri voice assistant powered by Apple’s own proprietary AI models will also create a new outlet for user queries that might otherwise go to Google. Apple’s models are trained using Applebot, a web crawler that, much like the technology behind a search engine, compiles public information from across the Internet.

Traditional search is showing no signs of slowing. Research from Emarketer finds that, in the US alone, spend on search advertising will grow at an average of about 10 percent each year, hitting $184 billion in 2028. Google, the dominant player by a long shot, captures about half of that spend. Apple’s current deal with Google would have allowed it to unilaterally extend the partnership into 2028.

The Cupertino, California-based iPhone maker has its own antitrust battle to wage. The DoJ’s antitrust division, led by Jonathan Kanter, filed a sweeping lawsuit against Apple in March, making it the latest Big Tech giant to be targeted by the Biden administration’s enforcers.

The legal troubles reflect an ongoing decline in Apple’s relationship with policymakers in Washington, despite an effort by chief executive Tim Cook to step up the company’s lobbying of the Biden White House, according to research by the Tech Transparency Project. TTP found that Apple spent $9.9 million on lobbying the federal government in 2023—its highest in 25 years, though still much lower than the likes of Google, Amazon, and Meta.

© 2024 The Financial Times Ltd. All rights reserved. Not to be redistributed, copied, or modified in any way.

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crowdstrike-claps-back-at-delta,-says-airline-rejected-offers-for-help

CrowdStrike claps back at Delta, says airline rejected offers for help

Who’s going to pay for this mess? —

Delta is creating a “misleading narrative,” according to CrowdStrike’s lawyers.

LOS ANGELES, CALIFORNIA - JULY 23: Travelers from France wait on their delayed flight on the check-in floor of the Delta Air Lines terminal at Los Angeles International Airport (LAX) on July 23, 2024 in Los Angeles, California.

Enlarge / LOS ANGELES, CALIFORNIA – JULY 23: Travelers from France wait on their delayed flight on the check-in floor of the Delta Air Lines terminal at Los Angeles International Airport (LAX) on July 23, 2024 in Los Angeles, California.

CrowdStrike has hit back at Delta Air Lines’ threat of litigation against the cyber security company over a botched software update that grounded thousands of flights, denying it was responsible for the carrier’s own IT decisions and days-long disruption.

In a letter on Sunday, lawyers for CrowdStrike argued that the US carrier had created a “misleading narrative” that the cyber security firm was “grossly negligent” in an incident that the US airline has said will cost it $500 million.

Delta took days longer than its rivals to recover when CrowdStrike’s update brought down millions of Windows computers around the world last month. The airline has alerted the cyber security company that it plans to seek damages for the disruptions and hired litigation firm Boies Schiller Flexner.

CrowdStrike addressed Sunday’s letter to the law firm, whose chair, David Boies, has previously represented the US government in its antitrust case against Microsoft and Harvey Weinstein, among other prominent clients.

Microsoft has estimated that about 8.5 million Windows devices were hit by the faulty update, which stranded airline passengers, interrupted hospital appointments and took broadcasters off air around the world. CrowdStrike said last week that 99 percent of Windows devices running the affected Falcon software were now back online.

Major US airlines Delta, United, and American briefly grounded their aircraft on the morning of July 19. But while United and American were able to restore their operations over the weekend, Delta’s flight disruptions continued well into the following week.

The Atlanta-based carrier in the end canceled more than 6,000 flights, triggering an investigation from the US Department of Transportation amid claims of poor customer service during the operational chaos.

CrowdStrike’s lawyer, Michael Carlinsky, co-managing partner of Quinn Emanuel Urquhart & Sullivan, wrote that, if it pursues legal action, Delta Air Lines would have to explain why its competitors were able to restore their operations much faster.

He added: “Should Delta pursue this path, Delta will have to explain to the public, its shareholders, and ultimately a jury why CrowdStrike took responsibility for its actions—swiftly, transparently and constructively—while Delta did not.”

CrowdStrike also claimed that Delta’s leadership had ignored and rejected offers for help: “CrowdStrike’s CEO personally reached out to Delta’s CEO to offer onsite assistance, but received no response. CrowdStrike followed up with Delta on the offer for onsite support and was told that the onsite resources were not needed.”

Delta Chief Executive Ed Bastian said last week that CrowdStrike had not “offered anything” to make up for the disruption at the airline. “Free consulting advice to help us—that’s the extent of it,” he told CNBC on Wednesday.

While Bastian has said that the disruption would cost Delta $500 million, CrowdStrike insisted that “any liability by CrowdStrike is contractually capped at an amount in the single-digit millions.”

A spokesperson for CrowdStrike accused Delta of “public posturing about potentially bringing a meritless lawsuit against CrowdStrike” and said it hoped the airline would “agree to work cooperatively to find a resolution.”

Delta Air Lines declined to comment.

© 2024 The Financial Times Ltd. All rights reserved. Not to be redistributed, copied, or modified in any way.

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data-centers-demand-a-massive-amount-of-energy-here’s-how-some-states-are-tackling-the-industry’s-impact.

Data centers demand a massive amount of energy. Here’s how some states are tackling the industry’s impact.

rethinking incentives —

States that offer tax exemptions to support the industry are reconsidering their approach.

A Google data center in Douglas County, Georgia.

A Google data center in Douglas County, Georgia.

This article was produced for ProPublica’s Local Reporting Network in partnership with The Seattle Times. Sign up for Dispatches to get stories like this one as soon as they are published.

When lawmakers in Washington set out to expand a lucrative tax break for the state’s data center industry in 2022, they included what some considered an essential provision: a study of the energy-hungry industry’s impact on the state’s electrical grid.

Gov. Jay Inslee vetoed that provision but let the tax break expansion go forward. As The Seattle Times and ProPublica recently reported, the industry has continued to grow and now threatens Washington’s effort to eliminate carbon emissions from electricity generation.

Washington’s experience with addressing the power demand of data centers parallels the struggles playing out in other states around the country where the industry has rapidly grown and tax breaks are a factor.

Virginia, home to the nation’s largest data center market, once debated running data centers on carbon-emitting diesel generators during power shortages to keep the lights on in the area. (That plan faced significant public pushback from environmental groups, and an area utility is exploring other options.)

Dominion Energy, the utility that serves most of Virginia’s data centers, has said that it intends to meet state requirements to decarbonize the grid by 2045, but that the task would be more challenging with rising demands driven largely by data centers, Inside Climate News reported. The utility also has indicated that new natural gas plants will be needed.

Some Virginia lawmakers and the state’s Republican governor have proposed reversing or dramatically altering the clean energy goals.

A northern Virginia lawmaker instead proposed attaching strings to the state’s data center tax break. This year, he introduced legislation saying data centers would only qualify if they maximized energy efficiency and found renewable resources. The bill died in Virginia’s General Assembly. But the state authorized a study of the industry and how tax breaks impact the grid.

“If we’re going to have data centers, which we all know to be huge consumers of electricity, let’s require them to be as efficient as possible,” said state Delegate Richard “Rip” Sullivan Jr., the Democrat who sponsored the original bill. “Let’s require them to use as little energy as possible to do their job.”

Inslee’s 2022 veto of a study similar to Virginia’s cited the fact that Northwest power planners already include data centers in their estimates of regional demand. But supporters of the legislation said their goal was to obtain more precise answers about Washington-specific electricity needs.

Georgia lawmakers this year passed a bill to halt the state’s data center tax break until data center power use could be analyzed. In the meantime, according to media reports, the state’s largest utility said it would use fossil fuels to make up an energy shortfall caused in part by data centers. Georgia Gov. Brian Kemp then vetoed the tax break pause in May.

Lawmakers in Connecticut and South Carolina have also debated policies to tackle data center power usage in the past year.

“Maybe we want to entice more of them to come. I just want to make sure that we understand the pros and the cons of that before we do it,” South Carolina’s Senate Majority Leader Shane Massey said in May, according to the South Carolina Daily Gazette.

Countries such as Ireland, Singapore, and the Netherlands have at times forced data centers to halt construction to limit strains on the power grid, according to a report by the nonprofit Tony Blair Institute for Global Change. The report’s recommendations for addressing data center power usage include encouraging the private sector to invest directly in renewables.

Sajjad Moazeni, a University of Washington professor who studies artificial intelligence and data center power consumption, said states should consider electricity impacts when formulating data center legislation. Moazeni’s recent research found that in just one day, ChatGPT, a popular artificial intelligence tool, used roughly as much power as 33,000 U.S. households use in a year.

“A policy can help both push companies to make these data centers more efficient and preserve a cleaner, better environment for us,” Moazeni said. “Policymakers need to consider a larger set of metrics on power usage and efficiency.”

Eli Sanders contributed research while a student with the Technology, Law and Public Policy Clinic at the University of Washington School of Law.

Data centers demand a massive amount of energy. Here’s how some states are tackling the industry’s impact. Read More »

memo-to-the-supreme-court:-clean-air-act-targeted-co2-as-climate-pollutant,-study-says

Memo to the Supreme Court: Clean Air Act targeted CO2 as climate pollutant, study says

The exterior of the US Supreme Court building during daytime.

Getty Images | Rudy Sulgan

This article originally appeared on Inside Climate News, a nonprofit, independent news organization that covers climate, energy, and the environment. It is republished with permission. Sign up for its newsletter here

Among the many obstacles to enacting federal limits on climate pollution, none has been more daunting than the Supreme Court. That is where the Obama administration’s efforts to regulate power plant emissions met their demise and where the Biden administration’s attempts will no doubt land.

A forthcoming study seeks to inform how courts consider challenges to these regulations by establishing once and for all that the lawmakers who shaped the Clean Air Act in 1970 knew scientists considered carbon dioxide an air pollutant, and that these elected officials were intent on limiting its emissions.

The research, expected to be published next week in the journal Ecology Law Quarterly, delves deep into congressional archives to uncover what it calls a “wide-ranging and largely forgotten conversation between leading scientists, high-level administrators at federal agencies, members of Congress” and senior staff under Presidents Lyndon Johnson and Richard Nixon. That conversation detailed what had become the widely accepted science showing that carbon dioxide pollution from fossil fuels was accumulating in the atmosphere and would eventually warm the global climate.

The findings could have important implications in light of a legal doctrine the Supreme Court established when it struck down the Obama administration’s power plant rules, said Naomi Oreskes, a history of science professor at Harvard University and the study’s lead author. That so-called “major questions” doctrine asserted that when courts hear challenges to regulations with broad economic and political implications, they ought to consider lawmakers’ original intent and the broader context in which legislation was passed.

“The Supreme Court has implied that there’s no way that the Clean Air Act could really have been intended to apply to carbon dioxide because Congress just didn’t really know about this issue at that time,” Oreskes said. “We think that our evidence shows that that is false.”

The work began in 2013 after Oreskes arrived at Harvard, she said, when a call from a colleague prompted the question of what Congress knew about climate science in the 1960s as it was developing Clean Air Act legislation. She had already co-authored the book Merchants of Doubt, about the efforts of industry-funded scientists to cast doubt about the risks of tobacco and global warming, and was familiar with the work of scientists studying climate change in the 1950s. “What I didn’t know,” she said, “was how much they had communicated that, particularly to Congress.”

Oreskes hired a researcher to start looking, and what they both found surprised her. The evidence they uncovered includes articles cataloged by the staff of the act’s chief architect, proceedings of scientific conferences attended by members of Congress, and correspondence with constituents and scientific advisers to Johnson and Nixon. The material included documents pertaining not only to environmental champions but also to other prominent members of Congress.

“These were people really at the center of power,” Oreskes said.

When Sen. Edmund Muskie, a Maine Democrat, introduced the Clean Air Act of 1970, he warned his colleagues that unchecked air pollution would continue to “threaten irreversible atmospheric and climatic changes.” The new research shows that his staff had collected reports establishing the science behind his statement. He and other senators had attended a 1966 conference featuring discussion of carbon dioxide as a pollutant. At that conference, Wisconsin Sen. Gaylord Nelson warned about carbon dioxide pollution from fossil fuel combustion, which he said “is believed to have drastic effects on climate.”

The paper also cites a 1969 letter to Sen. Henry “Scoop” Jackson of Washington from a constituent who had watched the poet Allen Ginsberg warning of melting polar ice caps and widespread global flooding on the Merv Griffin Show. The constituent was skeptical of the message, called Ginsberg “one of America’s premier kooks” and sought a correction of the record from the senator: “After all, quite a few million people watch this show, people of widely varying degrees of intelligence, and the possibility of this sort of charge—even from an Allen Ginsberg—being accepted even in part, is dangerous.”

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us-probes-nvidia’s-acquisition-of-israeli-ai-startup

US probes Nvidia’s acquisition of Israeli AI startup

“monopoly choke points” —

Justice Department has increased scrutiny of the chipmaker’s power in the emerging sector.

US probes Nvidia’s acquisition of Israeli AI startup

Getty Images

The US Department of Justice is investigating Nvidia’s acquisition of Run:ai, an Israeli artificial intelligence startup, for potential antitrust violations, said a person familiar with discussions the government agency has had with third parties.

The DoJ has asked market participants about the competitive impact of the transaction, which Nvidia announced in April. The price was not disclosed but a report from TechCrunch estimated it at $700 million.

The scope of the probe remains unclear, the person said. But the DoJ has inquired about matters including whether the deal could quash emerging competition in the up-and-coming sector and entrench Nvidia’s dominant market position.

Nvidia on Thursday said the company “wins on merit” and “scrupulously adher[es] to all laws.”

“We’ll continue to support aspiring innovators in every industry and market and are happy to provide any information regulators need,” it added.

Run:ai did not immediately respond to a request for comment. The DoJ declined to comment.

The investigation comes as US regulators and enforcers have heightened scrutiny of anti-competitive behavior in AI, particularly where it dovetails with big tech groups such as Nvidia.

Jonathan Kanter, head of the DoJ’s antitrust division, told the Financial Times in June that he was examining “monopoly choke points” in areas including the data used to train large language models as well as access to essential hardware such as graphics processing unit chips. He added that the GPUs needed to train LLMs had become a “scarce resource.”

Nvidia dominates sales of the most advanced GPUs. Run:ai, which had an existing collaboration with the tech giant, has developed a platform that optimizes the use of GPUs.

As part of the probe, which was first reported by Politico, the DoJ is seeking information on how Nvidia decides the allocation of its chips, the person said.

Government lawyers are also inquiring about Nvidia’s software platform, Cuda, which enables chips originally designed for graphics to speed up AI applications and is seen by industry figures as one of Nvidia’s most critical tools.

The DoJ and the US Federal Trade Commission, a competition regulator, in June reached an agreement that divided antitrust oversight of critical AI players. The DoJ will spearhead probes into Nvidia, while the FTC will oversee the assessment of Microsoft and OpenAI, the startup behind ChatGPT.

© 2024 The Financial Times Ltd. All rights reserved. Please do not copy and paste FT articles and redistribute by email or post to the web.

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nothing’s-new-ai-widget-is-trying-to-make-its-cfo-a-news-star

Nothing’s new AI widget is trying to make its CFO a news star

something out of nothing —

Its news app is available on all Nothing and CMF handsets, including the new Phone (2a) Plus.

Nothing’s new AI widget is trying to make its CFO a news star

Nothing has a new smartphone—the Phone (2a) Plus—nearly identical to the Phone (2a) it released earlier this year, but with slightly beefed-up specs. It costs $399 and is available in the US through the same beta program. But it isn’t the new Android handset we find most interesting, it’s the company’s new widget.

The “News Reporter” widget, available by default on all Nothing and CMF smartphones plus other Android and iOS devices via the Nothing X app, lets you quickly play a news bulletin summarized by artificial intelligence. It is read out by the synthesized voice of Tim Holbrow, the company’s chief financial officer. (Nothing is using ElevenLabs’ tech for sound synthesis and output.) As soon as you tap the widget, you’re greeted by a soothing British voice:

“Welcome to Nothing News, where the only thing we take seriously is not taking anything seriously. I’m Tim, your CFO and reluctant news reader. Today, we’re making something out of nothing, because that’s literally our job.”

The widget will start cycling through a selection of news stories—you can press and hold the widget and tap Edit to add or remove categories you’re interested in, such as business, entertainment, tech, and sports. These news stories are pulled from “trusted English-language news sources” through News API, using Meta’s Llama large language models for the summary.

Nothing's News Reporter widget is available on all Nothing and CMF phones by default. If you download the Nothing X app, you can also access it on Android and iOS.

Enlarge / Nothing’s News Reporter widget is available on all Nothing and CMF phones by default. If you download the Nothing X app, you can also access it on Android and iOS.

You can swipe down the notification bar and press the next button on the media playback notification to skip a story, to which Holbrow will add a quip. “Not feeling that one? Let’s find another.” After I skipped quite a few in a row, AI Holbrow asked, “Do you even like news?”

The summaries are one minute each (roughly), and you get eight stories per day. Every morning, the widget will refresh with a fresh batch. Unfortunately, and frustratingly, the widget doesn’t give you much to go on if you want to read more. There’s no attribution to where it pulled the news from, and no links are provided to read directly from the source.

Every smartphone company has been touting some kind of generative AI feature in new devices this year. Samsung has Galaxy AI; Google has its Gemini chatbot and a bevy of AI features in Pixel phones; Motorola introduced Moto AI recently; and even OnePlus has been teasing a few AI features in its phones, like AI Eraser, which lets you remove unwanted objects from photos. Nothing introduced a ChatGPT integration in its earbuds earlier this year, and this widget is the latest generative AI feature to land.

That said, it’s hardly the first time we’ve seen a news summarization feature. Back when Amazon Alexa and Google Assistant were gaining popularity, one of the top features was to ask the voice assistant to play the news—you’d be able to hear short news clips from various sources, like NPR and CNN. That said, I like the implementation in Nothing’s widget, but I’d also like to see attribution and a way to dig deeper into a story if it’s interesting.

What about that phone?

As for the Nothing Phone (2a) Plus, I’ve been using it for several days and it’s … indiscernible from the Phone (2a) I reviewed positively in March. I love the new gray color option, which hides smudges on the rear better and makes the phone’s already fun design pop even more. You still get the same Glyph light functionality, allowing the LEDs to light up for notifications and calendar events, and even double as a visualizer when playing music.

Nothing Phone (2a) on the left, Nothing Phone (2a) Plus on the right.

Enlarge / Nothing Phone (2a) on the left, Nothing Phone (2a) Plus on the right.

The top change here is the processor. Inside is MediaTek’s Dimensity 7350 Pro 5G (as opposed to the Phone (2a)’s Dimensity 7200 Pro), which offers a 10 percent increase in CPU power, and a 30 percent jump in graphics performance. Honestly, I didn’t notice a huge bump in speed, and my benchmark scores show a very tiny boost.

The next upgrade is in the camera, namely, the selfie camera and its new 50-MP sensor that can shoot 4K at 30 frames per second (up from 32 megapixels). The company says it has issued seven updates since the launch of the Phone (2a) with 26 improvements to the camera, which include upgrades to loading speeds, color consistency, and blur accuracy in portrait mode. The Phone (2a) Plus launches with all of those improvements, and the 50-MP front and ultrawide cameras on the rear are the same.

Selfies indeed look much nicer, especially in low light, where my face appears sharper with better HDR and a more balanced exposure. The rear cameras produce nice results considering the price, and I found daytime renders to deliver natural-looking colors. It can still struggle with super high-contrast scenes, but this is a solid camera system.

Lastly, the wired charging on the phone now supports 50 watts (up from 45 watts), which supposedly gets you a 10 percent charging speed boost. Everything else is identical from the Phone (2a)’s specs, from the 6.7-inch AMOLED display to the 5,000-mAh battery.

Nothing new

I’ve enjoyed the phone over the past few days, but its launch is so peculiar, considering it doesn’t introduce any groundbreaking updates to the Phone (2a). So I asked the company why it decided to launch the (2a) Plus now. “We aren’t launching Phone (3) until next year, and we saw an opportunity to enhance the smartphone we launched in March with Phone (2a) Plus, a new smartphone—catered towards power users—at an accessible price point,” says Jane Nho, Nothing’s head of PR in the US. The company launched its last flagship phone, the Phone (2), in July 2023.

So there you have it: The Phone (2a) Plus is a seemingly painless way for Nothing to try and stay relevant amidst all the other smartphone launches, still have an AI story, boost sales, and oddly try and make some sort of digital celebrity out of its CFO.

Nothing says it’ll go on sale August 3 in London at Nothing’s store in Soho, in gray and black, with 12GB RAM and 256GB storage. In the US, the device will follow the same beta program system as the Phone (2a) and CMF Phone 1. That means you’ll have to sign up for the beta, and once you’re accepted, you’ll be able to purchase the device for $399. It’ll be available on August 7 at 9 am ET.

This story originally appeared on wired.com.

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meta-to-pay-$1.4-billion-settlement-after-texas-facial-recognition-complaint

Meta to pay $1.4 billion settlement after Texas facial recognition complaint

data harvesting —

Facebook’s parent accused of gathering data from photos and videos without “informed consent.”

Meta to pay $1.4 billion settlement after Texas facial recognition complaint

Facebook owner Meta has agreed to pay $1.4 billion to the state of Texas to settle claims that the company harvested millions of citizens’ biometric data without proper consent.

The settlement, to be paid over five years, is the largest ever obtained from an action brought by a single US state, said a statement from Attorney General Ken Paxton.

It also marks one of the largest penalties levied at Meta by regulators, second only to a $5 billion settlement it paid the US Federal Trade Commission in 2019 for the misuse of user data in the wake of the Cambridge Analytica privacy scandal.

The original complaint filed by Paxton in February 2022 accused Facebook’s now-closed facial recognition system of collecting biometric identifiers of “millions of Texans” from photos and videos posted on the platform without “informed consent.”

Meta launched a feature in 2011 called “tag suggestions” that recommended to users who to tag in photos and videos by scanning the “facial geometry” of those pictured, Paxton’s office said.

In 2021, a year before the lawsuit was filed, Meta announced it was shuttering its facial recognition system including the tag suggestions feature. It wiped the biometric data it had collected from 1 billion users, citing legal “uncertainty.”

The latest fine comes amid growing concern globally over privacy and data protection risks related to facial recognition, as well as algorithmic bias, although legislation is patchy, differing from jurisdiction to jurisdiction.

In 2021, Facebook agreed to pay a $650 million settlement in a class-action lawsuit in Illinois under a state privacy law over similar allegations related to its face-tagging system.

“This historic settlement demonstrates our commitment to standing up to the world’s biggest technology companies and holding them accountable for breaking the law and violating Texans’ privacy rights,” Paxton said in a statement. “Any abuse of Texans’ sensitive data will be met with the full force of the law.”

Meta previously said that the claims were without merit. However, the company and Texas agreed at the end of May to settle the lawsuit, just weeks before a trial was set to begin.

A spokesperson for Meta said on Tuesday: “We are pleased to resolve this matter, and look forward to exploring future opportunities to deepen our business investments in Texas, including potentially developing data centers.”

© 2024 The Financial Times Ltd. All rights reserved. Please do not copy and paste FT articles and redistribute by email or post to the web.

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air-pollution-makes-it-harder-for-bees-to-smell-flowers

Air pollution makes it harder for bees to smell flowers

protect the pollinators —

Contaminants can alter plant odors and warp insects’ senses, disrupting the process of pollination.

Scientists are uncovering various ways that air pollution can interfere with the ability of insects to pollinate plants.

Scientists are uncovering various ways that air pollution can interfere with the ability of insects to pollinate plants.

In the summers of 2018 and 2019, ecologist James Ryalls and his colleagues would go out to a field near Reading in southern England to stare at the insects buzzing around black mustard plants. Each time a bee, hoverfly, moth, butterfly, or other insect tried to get at the pollen or nectar in the small yellow flowers, they’d make a note.

It was part of an unusual experiment. Some patches of mustard plants were surrounded by pipes that released ozone and nitrogen oxides—polluting gases produced around power plants and conventional cars. Other plots had pipes releasing normal air.

The results startled the scientists. Plants smothered by pollutants were visited by up to 70 percent fewer insects overall, and their flowers received 90 percent fewer visits compared with those in unpolluted plots. The concentrations of pollutants were well below what US regulators consider safe. “We didn’t expect it to be quite as dramatic as that,” says study coauthor Robbie Girling, an entomologist at the University of Southern Queensland in Australia and a visiting professor at the University of Reading.

A growing body of research suggests that pollution can disrupt insect attraction to plants—at a time when many insect populations are already suffering deep declines due to agricultural chemicals, habitat loss, and climate change. Around 75 percent of wild flowering plants and around 35 percent of food crops rely on animals to move pollen around, so that plants can fertilize one another and form seeds. Even the black mustard plants used in the experiment, which can self-fertilize, exhibited a drop of 14 percent to 31 percent in successful pollination as measured by the number of seedpods, seeds per pod, and seedpod weight from plants engulfed by dirty air.

Scientists are still working out how strong and widespread these effects of pollution are, and how they operate. They’re learning that pollution may have a surprising diversity of effects, from changing the scents that draw insects to flowers to warping the creatures’ ability to smell, learn, and remember.

This research is still young, says Jeff Riffell, a neuroscientist at the University of Washington. “We’re only touching the tip of the iceberg, if you will, in terms of how these effects are influencing these pollinators.”

Altered scents

Insects often rely on smell to get around. As they buzz about in their neighborhoods, they learn to associate flowers that are good sources of nectar and pollen with their scents. Although some species, like honeybees, also use directions from their hive mates and visual landmarks like trees to navigate, even they critically depend on the sense of smell for sniffing out favorite flowers from afar. Nocturnal pollinators such as moths are particularly talented smellers. “They can smell these patches of flowers from a kilometer away,” Riffell says.

One of the effects of pollution—and what Girling suspects was largely responsible for the pollination declines at the England site—is how it perturbs these flowery aromas. Each fragrance is a unique blend of dozens of compounds that are chemically reactive and degrade in the air. Gases such as ozone or nitrogen oxide will quickly react with these molecules and cause odors to vanish even faster than usual. “For very reactive scents, the plume can only travel a third of the distance than it should actually travel when there is no pollution,” says atmospheric scientist Jose D. Fuentes of Penn State University, who has simulated the influence of ozone on floral scent compounds.

And if some compounds degrade faster than others, the bouquet of scents that insects associate with particular plants transforms, potentially rendering them unrecognizable. Girling and his colleagues observed this in experiments in a wind tunnel into which they delivered ozone. The tunnel was also outfitted with a device that steadily released a synthetic blend of floral odors (an actual flower would have wilted, says coauthor Ben Langford, an atmospheric chemist at the UK Centre for Ecology & Hydrology). Using chemical detectors, the team watched the flowery scent plume shorten and narrow as ozone ate away at the edges, with some compounds dropping off entirely as others persisted.

The scientists had trained honeybees to detect the original flowery scent by exposing them to the odor, then giving them sugar water—until they automatically stuck out their tongue-like proboscises to taste it upon smelling the scent. But when bees were tested with ozonated odor representing the edges of the scent plume, either 6 or 12 meters away from the source, only 32 percent and 10 percent, respectively, stuck out their proboscises. The bee is “sniffing a completely different odor at that point,” Langford says.

Researchers also have observed that striped cucumber beetles and buff-tailed bumblebees struggle to recognize their host plants above certain levels of ozone. Some of the most dramatic observations are at night, when extremely reactive pollutants called nitrate radicals accumulate. Riffell and colleagues recently found that about 50 percent fewer tobacco hornworm moths were attracted to the pale evening primrose when the plant’s aroma was altered by these pollutants, and white-lined sphinx moths didn’t recognize the scent at all. This reduced the number of seeds and fruits by 28 percent, the team found in outdoor pollination experiments. “It’s having a really big effect on the plant’s ability to produce seeds,” Riffell says.

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