T-Mobile settles “uncarrier” deceptive claims dispute with refunds and ad changes

Since its March 26 unveiling, T-Mobile has been aggressively pushing the plan changes it has made, alterations that it says make it America’s “Uncarrier.” Such claims were challenged in Washington, where the state Attorney General’s Office initiated an investigation into the carrier’s advertisements. The investigation resulted with T-Mobile being accused of making deceptive statements about its plans.

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The issue at play is that T-Mobile makes claims that seem to be contradicted by the fine-print in its uncarrier plans, which are promised to have no restrictions and yearly contracts. Such is the case with plans that aren’t accompanied by a cell phone, but not with plans where the customer gets a phone, which they are required to keep under T-Mobile service for two years or pay the device’s full retail price upon dropping the service.

Washington Attorney General Bob Ferguson said of the matter: “In our view, those advertisements were quite deceptive.” And one of the attorney’s working the investigation, Paula Sellis, expounded on that, saying: “You had to dig very deeply to understand what the terms of the program were, and you had to put two and two together.” T-Mobile doesn’t agree with their conclusion, as you might expect, but has agreed to change its advertisements and to offer customers a refund.

Says T-Mobile:

As America’s Un-carrier, our goal is to increase transparency with our customers, unleashing them from restrictive long-term service contracts — this kind of simple, straightforward approach is core to the new company we are building. While we believe our advertising was truthful and appropriate, we voluntarily agreed to this arrangement with the Washington AG in this spirit

According to Tech Hive, no customers complained about T-Mobile’s claims and services, with the investigation being prompted by the advertisements the carrier put out. For its part, T-Mobile has to pay $26,046 in costs and fees, has agreed to make its consequences of cancellation, true costs, and terms more clear, and to train its staff within the next 21 days to provide this information. Those who subscribed to one of the uncarrier’s plans by today are eligible for a full refund upon service cancellation.

[via Tech Hive]


T-Mobile settles “uncarrier” deceptive claims dispute with refunds and ad changes is written by Brittany Hillen & originally posted on SlashGear.
© 2005 – 2012, SlashGear. All right reserved.

ACLU: CISPA bill essentially dead

The controversial CISPA bill recently passed through the House of Representatives with flying colors, and it’s now in the Senate, where it will then be passed on to the President if the bill passes in the Senate. However, many groups and organizations are almost positive that the bill will be vetoed in the Senate, including the American Civil Liberties Union.

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This is the second time that CISPA has been introduced to the Senate, in which the first time it was strongly shut down. This time around, the legislation has seen some modifications, but organizations and even Senate committees are almost certain that it won’t make it through the Senate floor, and instead, they’re drafting up separate legislation that everyone can agree on.

According to a representative of the U.S. Senate Committee on Commerce, Science and Transportation, the bill will most certainly be shelved, saying that the Senate is “not taking [CISPA] up.” Instead, “staff and senators are divvying up the issues and the key provisions everyone agrees would need to be handled if we’re going to strengthen cybersecurity.”

Essentially, CISPA will allow companies to share information about you with the government in order to strengthen security against various cyber threats. This has raised a lot of privacy concerns, and those against the bill argue that the bill violates privacy more than it needs to in order to strengthen cybersecurity.

[via US News]


ACLU: CISPA bill essentially dead is written by Craig Lloyd & originally posted on SlashGear.
© 2005 – 2012, SlashGear. All right reserved.

Google sees record increase in government takedown requests

Google released its seventh transparency report today, which highlights the number of takedown requests that Google receives on a bi-yearly basis. This time around, Google received 2,285 government requests to remove 24,179 pieces of content off of Google’s search engine between July 2012 and December 2012, which is a record high.

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That number is up from the 1,811 takedown requests made regarding 18,070 pieces of content during the previous half of 2012, and it’s the highest number of takedown requests that Google has seen during a six-month period since the search giant began to offer transparency reports three years ago.

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Google’s legal director, Susan Infantino, says that “it’s become increasingly clear that the scope of government attempts to censor content on Google services has grown,” and she notes that “in more places than ever, we’ve been asked by governments to remove political content that people post on” various Google services.

The most notable spike came from Brazil, which saw a sharp increase from the last transparency report. Google received 697 requests in Brazil, most of which were court orders. This is up from 191 during the first half of 2012. Google says that the reason for the steep increase was due to the municipal elections, which took place during the fall.


Google sees record increase in government takedown requests is written by Craig Lloyd & originally posted on SlashGear.
© 2005 – 2012, SlashGear. All right reserved.

Apple fined $118,000 for China copyright infringement

Apple has been ordered by a Chinese court to compensate three Chinese writers for infringing their copyrights. Apple made the authors’ books available in iBooks without first seeking their permission. The Cupertino-based company will have to pay up 730,000 Yuan ($118,000) to the three writers for copyright infringement.

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While the situation doesn’t quite seem to add up, it’s said that the books were uploaded by third-parties rather than by Apple themselves, and it’s unclear exactly who uploaded them in the first place, but in any case, the court ruled that Apple had a duty to make sure that the uploads didn’t breach copyright, whether or not they were the ones who uploaded the content.

Of course, this is nothing but pocket change to Apple, so it doesn’t affect them financially by any means, but it further develops bad PR for the company in China, where they’ve already been in hot water recently — most notably for the iPhone warranty debacle, but Apple ended up apologizing and is working to improve customer satisfaction in that area.

One of the writers involved in the lawsuit was Mai Jia, whose books are often on multiple best-seller lists across China. The judge took the time during the court case to also warn other tech companies running an online store that they should learn from this lawsuit and be make sure that their uploading processes won’t create similar disputes.

[via ZDNet]


Apple fined $118,000 for China copyright infringement is written by Craig Lloyd & originally posted on SlashGear.
© 2005 – 2012, SlashGear. All right reserved.

Google offers rival links in search to escape Euro antitrust penalties

Google is offering to promote content from search engine rivals such as Bing and Yahoo in an attempt to placate the European Commission, hoping to escape expensive censure with more openness in what results users see. The deal, which would last for five years according to Google, comes amid an investigation into accusations of web search dominance in Europe; in addition to featuring competitors’ results near to its own services, Google has suggested it could better label its own links to services.

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Such labels would affect how Google’s specialized services – such as Google Shopping and Google Places – integrate their results into the regular search stream. Currently, the search giant “prominently displays links to its own specialised search services within its web search results and does not inform users of this favourable treatment” according to the EC, with rival options either pushed down the page or omitted altogether.

“The Commission is concerned that this practice unduly diverts traffic away from Google’s competitors in specialised search towards Google’s own specialised search services. It therefore reduces the ability of consumers to find a potentially more relevant choice of specialised search services. Since Google is an important source of traffic for competing specialised search services, this may reduce competitors’ incentives to innovate in specialised search” EC

Google has said it could use a frame around its own services’ results, so as to more clearly indicate to users that they’re enjoying special treatment, in addition to showing “links to three rival specialised search services close to its own services, in a place that is clearly visible to users.” Third-parties unhappy with how Google had indexed them and offered up their content could more readily opt-out from specialized search, in a process that “does not unduly affect the ranking of those web sites in Google’s general web search results.”

Further concessions include more freedom for advertisers, allowing them greater liberty to manage campaigns across multiple platforms, and to “no longer include in its agreements with publishers any written or unwritten obligations that would require them to source online search advertisements exclusively from Google”.

A one month trial in the market will take place, allowing Google’s rivals, content owners, and users to give feedback as to whether the system is seen to have been successful or not. If the proposals are fully accepted, the EC would likely install an “independent Monitoring Trustee” who would be responsible for making sure Google behaved as it had promised.

However, even if Google escapes more dramatic censure this time, the EC says it is still investigating other allegations made against the company. Those include Android-related business practices. The company also faces potentially huge fines for how it handled privacy policy changes in 2012.

[via TNW]


Google offers rival links in search to escape Euro antitrust penalties is written by Chris Davies & originally posted on SlashGear.
© 2005 – 2012, SlashGear. All right reserved.

Justice Department authorized ISPs to bypass Wiretap Act

The Justice Department is toying with the definitions of “legal,” according to the folks over at CNET, which say the Electronic Privacy Information Center provided them with documents detailing a bypass of the Wiretap Act. Says the report, the Justice Department has sent out letters to a variety of ISPs absolving them of repercussions for intercepting Internet communications.

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The letters were sent in secret to a variety of providers, among them being AT&T, giving the ISPs permission to interception communications that go through their network, a violation of the Wiretap Act. According to the documents, those who moved ahead with intercepting communications have been provided with legal immunity. These are called 2511 letters, and the exact amount that was sent out is not known.

Both the Defense Department and the National Security Agency participated in this event, with CNET reporting that some of the documents it received showing discussions by the NSA’s director Keith Alexander. Said the Electronic Privacy Information Center’s executive director Marc Rotenberg, “The Justice Department is helping private companies evade federal wiretap laws. Alarm bells should be going off.”

Originally, this program was used to keep an eye on defense contractors, monitoring their Internet links. The Obama Administration has expanded the program so that it now involves “all critical intrastructure sectors,” which are said to include finance, healthcare, and energy. This change will go in effect on June 12. While the Department of Justice and NSA turned down requests for comments, Homeland Security responded with a statement that it is “committed to supporting the public’s privacy, civil rights, and civil liberties.”

[via CNET]


Justice Department authorized ISPs to bypass Wiretap Act is written by Brittany Hillen & originally posted on SlashGear.
© 2005 – 2012, SlashGear. All right reserved.

HTC: Nokia did not obtain an injunction against the HTC One

HTC has released an official statement regarding a recent press release stating that Nokia was granted a preliminary injunction against the HTC One. HTC stated that Nokia did not obtain an injunction against the HTC One, but instead obtained an injunction only against STMicroelectronics. STMicroelectronics is being sued for breaching an exclusivity agreement with Nokia by supplying HTC with the high amplitude mics that were exclusively designed for Nokia’s Lumia line-up.

HTC Nokia did not obtain an injunction against the HTC One

The microphone in question is the TD V1.4 high amplitude microphone that was supposed to be an exclusive to Nokia, but somehow found its way into HTC’s inventory in the Netherlands. While the mic is exclusive to Nokia, the Dutch court ruled, however, that HTC can continue to use the microphones it purchased for its products because “they were purchased in good-faith”. The court also ruled that STMicroelectronics is restricted from providing certain microphones to other companies other than Nokia for a 10-month period.

Nokia attempted to recall the microphones already sold to HTC, however, it was unable to do so. Nonetheless, HTC has stated that once it has used up its supply of the microphones, it will “transition to improved microphone designs”. This new official statement from HTC does clear up the previous press release from Nokia, which stated that,

“The Amsterdam District Court has today granted Nokia’s request for a preliminary injunction against the supply to HTC of microphone components invented by and manufactured exclusively for Nokia.”

Many of us assumed the injunction was against the HTC One because nowhere in the press release was “STMicroelectronics” mentioned. Nokia also ended the press release with,

“Once again, Nokia calls on HTC to compete using its own innovations and to stop copying from Nokia.”

Nonetheless, HTC is in the clear now, as the court ruled that it’s “blameless” because it couldn’t have known that those microphones were exclusive to Nokia. However, HTC still has to deal with the other injunction Nokia filed against it in Germany. HTC plans on appealing the injunction and also plans on proving that the patents that it allegedly infringed on are all invalid. You’ll all be happy to know that the HTC One will not be delayed and will remain available worldwide. Be sure to check out our review of the HTC One here.


HTC: Nokia did not obtain an injunction against the HTC One is written by Brian Sin & originally posted on SlashGear.
© 2005 – 2012, SlashGear. All right reserved.

New legislation aims for subsidized broadband in low-income homes

In an effort to update the FCC’s long-running Lifeline program that helps put telephone access in low-income homes, a new piece of legislation has been introduced to the House of Representatives that would aim to give low-income homes the opportunity for unsubsidized broadband internet access.

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The bill is backed by Rep. Doris Matsui (D-CA), and it’s being called the Broadband Adoption Act of 2013, which would instruct the FCC to modify the Lifeline program in order to include broadband internet. Matsui says that the Lifeline program is fantastic, but it needs to be updated and modernized to fit within the 21st century.

Lifeline is funded by the “Universal Service” system, which helps low-income Americans pay for their landline phone, but this new bill would see Universal Services also helping pay for broadband internet access. In addition to subsidizing services, the Universal Service also helps pay for telephone service in rural areas around the country.

However, the discussion of whether or not to provide low-income households with cheaper broadband internet has been up and down in Washington for several years now, with a 2010 government report showing up that recommended the addition of broadband internet to the existing Lifeline program. Plus, Matsui introduced similar legislation in 2011, but it quickly faded away.

[via Ars Technica]


New legislation aims for subsidized broadband in low-income homes is written by Craig Lloyd & originally posted on SlashGear.
© 2005 – 2012, SlashGear. All right reserved.

Tesla’s dealership woes continue as Virginia refuses license

Tesla‘s dealership struggles continue, with electric car company founder Elon Musk confirming that the Virginia DMV has denied the marque a dealer license in the state. “Not all good news” Musk took to Twitter to complain, “Virginia DMV Commissioner just denied Tesla a dealer license, despite Hearing Officer being in favor.” Tesla’s application for the license had been opposed by the Virginia Automobile Dealers Association.

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That opposition echoes similar complaints by dealership groups in Texas that the EV company should not be allowed to sell its cars directly to the public. Instead, they want the same independent dealership network as is the status-quo for cars currently to be kept.

The disappointing decision even came despite the Virginia DMV Hearing Office making a recommendation that Tesla be granted a license. “I further find that the operation of a Tesla owned dealership would be in the public interest” the Hearing Officer wrote, having deemed that “Tesla has presented additional and persuasive evidence that there is no dealer, independent of Tesla, that would be available in the community or trade area” that could sell the Model S and other cars under the franchise model in a way in-keeping with public interest.

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That proved unconvincing for Virginia’s DMV Commissioner, however, who overruled the Hearing Officer and rejected the request.

Tesla is currently fighting with legislators in Texas who have said the company cannot operate a direct-to-consumers network of its own. Instead, it must work on a franchise system, with a middleman in-between, something Musk has argued is inefficient and not in the best interest of drivers.


Tesla’s dealership woes continue as Virginia refuses license is written by Chris Davies & originally posted on SlashGear.
© 2005 – 2012, SlashGear. All right reserved.

Alleged LulzSec leader arrested in Australia

The Australian Federal Police arrested a man in Sydney on Monday who claims to be the leader of Lulz Security, more commonly known as LulzSec. Though his name has not been revealed, ABC News Australia reports that he is 24-years-old, and worked in a “position of trust” in a NSW-local branch of an international IT company. Because of his work position, he had access to government client data.

LulzSec Australia

The name of the company for which he worked has not been specified, nor has the exact position he held. Says the AFP’s Commander Glen McEwan, he is someone “known to international law enforcement,” and that he is the first LulzSec member to be arrested by them. His arrest took place after being under surveillance for less than two weeks, something that was prompted by a compromised government website.

As a result, the alleged leader has been arrested and charged with one count of unauthorized access to a restricted computer system, as well as two counts of unauthorized modification of data to cause impairment. Such charges have a maximum prison sentence of 12 years. Some of the Australian targets of the hacking collective are said to be departments of the Victorian and NSW governments, local councils, and AusAid. In addition, ten high schools and universities had their login information and email accounts leaked.

The claim that this individual is LulzSec’s leader comes from posts he allegedly made on forums, in which he claimed to be the leader. The AFP also says that they have talked about it with him, and that he has discussed it. He’s due back in court on May 15. Says Commander McEwen: “The AFP will not tolerate the attempts of hackers to damage or destroy the online property of Australian individuals, companies or national infrastructure resources.”

[via ABC News]


Alleged LulzSec leader arrested in Australia is written by Brittany Hillen & originally posted on SlashGear.
© 2005 – 2012, SlashGear. All right reserved.