Pardner, We Never Meta an Outfit with Which We Could Not Litigate
February 15, 2022
TikTok is expanding in Europe. The Zuckbook is threatening to pull out of Europe. Good or bad? Here’s an easier question: Can Texas get billions out of Meta (aka Zuckbook) for alleged misuse of facial recognition?
My hunch is that TikTok in Europe is bad. Texas winning some type of Zuckbook cash output is badder.
“Texas Sues Meta, Saying It Misused Facial Recognition Data” reports:
The suit involves Facebook’s “tag suggestions” feature, which the company ended last year, that used facial recognition to encourage users to link the photo to a friend’s profile. Paxton [Texas Attorney General] alleged the company collected facial recognition data without their consent, shared it with third parties, and did not destroy the information in a timely manner — all in violation of state law.
What’s interesting is that there are other AGs who may want to monitor this legal matter. If the Zuckbook avoids a Super Bowl fine, that’s okay. There are probably other technical fish to fry at the social media out.
But…
If the Texas AG prevails, how many other states will ask a couple of bright eyed and busy tailed lawyers to see if similar actions took place in their state?
I can name a couple. Can Meta, or is the Zuckbook team too busy trying to figure out how to deal with what one might call headwinds?
Worth watching Mr. Paxton’s interest in Meta I think.
Stephen E Arnold, February 15, 2022
Google: More PEZ Dispensers for Alphabet Cash?
February 14, 2022
I read a rather odd ball New York Times’ story today. “Google Vanquished a Rival in Prague. Payback Could Hurt” explains the alleged action of Google to achieve search market share in the Czech Republic. [Yes, you will have to pay or chase down a dead tree version of the write up.] The story reminds me of the Foundem claim about alleged Googley behavior. The PEZ angle is that a legal action can be undertaken. A victory for the plaintiff can cause the Google to emit a chunk of money. Hence, the PEZ dispenser for Alphabet cash.
Here’s the PEZ dispenser idea:
The new antitrust law, the Digital Markets Act, would speed up tech-related competition investigations and require tech companies of a certain size to give users access to rival services. The penalties could be up to 10 percent of a company’s global revenue, worth about $18 billion for Google. On new Android smartphones, users would be able to choose an alternative search engine or browser to use, a remedy that was also included in the 2018 penalty against Google in the Android case.
Will it work? Russia is testing its own PEZ dispenser with a nifty brown bear head now.
Stephen E Arnold, February 14, 2022
Another Hopeful Tap on the PEZ Dispenser Outputting Google Bucks
February 11, 2022
Click, click, click. The clicks on the PEZ dispenser with the Googzilla decoration keep on coming. “Google Hit with $20 Million Verdict in Nest Thermostat Patent Trial” reports as “real” news:
“The only place in the world that a small-but-innovative company like EcoFactor is on equal footing with Google is inside a courtroom, in front of a jury,” Mirzaie [an EcoFactor professional] said.
If those courtroom visits in West Texas deliver the cash, will others follow this tactic. Asserting that Google was a bad actor and getting paid could become more popular. France is now employing the tactic after finding the Google trampling on data protection policies.
Click, click, click.
Stephen E Arnold, February 11, 2022
Australia: A Harbinger of Investigative Capability
February 11, 2022
Australia is a country which has been a pioneer in some investigative methods. Another innovation has been described in “Home Affairs Says Online Account Takeover Powers Now in Use.” The write up states:
…the Australian Federal Police and Australian Criminal Intelligence Commission have access to three new warrants to tackle serious crime enabled by anonymising technology. The warrants allow the agencies to take control of a person’s online account, as well as add, copy, delete or alter material to disrupt criminal activity and collect intelligence from online networks.
Australia is a participant in the Five Eyes’ group. Others in that federation are likely to monitor how Australia’s innovation works in the real world. Worth watching.
Stephen E Arnold, February 11, 2022
Microsoft: Apple Must Be Stopped
February 10, 2022
I read “Microsoft Says That If Apple Isn’t Stopped Now, Its Antitrust Behavior Will Just Get Worse.” Amazing if the information in the write up is accurate. The article states as “real” news:
Microsoft has filed an amicus brief supporting Epic Games in its appeal against Apple, and argues that, “the potential antitrust issues stretch far beyond gaming.”
But here’s the killer passage from a write up provided to legal eagles as a friend to one and all:
Microsoft’s amicus filing included below, sets out what it describes as its own “unique – and balanced – perspective to the legal, economic, and technological issues this case implicates.” As a firm which, like Apple, sells both hardware and software, Microsoft says it “has an interest” in supporting antitrust law. Describing what it calls Apple’s “extraordinary gatekeeper power,” Microsoft joins Epic Games in criticizing alleged errors in the original trial judge’s conclusions.
Okay, Microsoft had a run in with some anti-trust types a few years ago. Apple, like Facebook and Google, are increasing their communication efforts among the duly elected government officials.
But Microsoft wants to buy a game company even though there are signals that the deal for an enlightened and responsible firm will be subject to scrutiny. The mom and pop stores which look out the the little people want to make sure that the alleged monopolists don’t prevent other alleged monopolists from dominating certain markets.
How helpful. From my point of observation, one company operating in an allegedly unfair manner is probably is a good spot to recognize another outfit using the same playbook.
And how about those revenues? There’s nothing like a secure, customer oriented, friendly data environment! Some might call this hypocritical; others, ironical.
I am a simple oldster. I call it — what’s the word? “Criminal”. No. Maybe “diabolical?” No. Not that word. How about “maniacal”? Yeah, not the best but I need to check the latest Microsoft security alert on the for fee Apple news service now. Wait, wait. How about “asocial?”
Stephen E Arnold, February 10, 2022
Facial Recognition: Trouble for Thirsty Teens
February 7, 2022
I spotted an interesting item on the BBC Web site. (At some point, the article may be removed as Mother Beeb does her on-going content clean up.) The story is “Supermarket Cameras To Guess Age of Alcohol Buyers.” Some young people use falsified documents in order to purchase products with age controls. These have been handcrafted at home, obtained from a friend at a football match, or purchased via Telegram. Due to the legal risk of providing a tasty room temperature alcoholic beverage to someone too young to purchase the fine drink legally, stores have had to rely of keen eyed employees. Yeah, well, that doesn’t work too well in the age of Covid and it never worked in many situations. The write up explains that the controversial technology of facial recognition will be used by some stores and probably drinking establishments to help verify the age of the would be imbiber. The write up states:
The trial will use cameras that can estimate each customer’s age. It is part of a Home Office test of technologies to assist with the selling of alcohol.
I wonder if the images will be captured and stored? Will the system rely on smart software or a combination of a database of faces and artificial intelligence? Will the system “learn” and improve its accuracy?
So far: No answers.
Stephen E Arnold, February 7, 2022
Germany: Taps the Silicon Valley PEZ Dispenser
February 4, 2022
I spotted a German legal report which appeared a few days ago. You can find the German language document at this link. The thrust of the reported legal decision is that the use of Google Fonts violates the German view of a GDPR General Data Protection Regulation. The ruling means that Google’s tracking the IP address of a Google Font user violates user privacy. Google, according to the report, does not give the font user a way to turn off the tracking. The IP address of the defendant was transmitted to a Google server in the US. So what? Hitting the PEZ dispenser for a small amount of money is no big deal. Getting a long line of those hungry for PEZ output can be an issue, and the craze could spread to other EU countries PEZ fans. Worth watching even if one does not want a Google output of a few hundred dollars.
Stephen E Arnold, February 4, 2022
Russia Taps the Google PEZ Dispenser for Petty Cash
February 2, 2022
Tass, the Russian News Agency, published “Google Fined over $50,000 for Links to Radicals, Drug Trafficking.” The write up disseminates this information:
magistrate court in Moscow fined the Google search engine 4 mln rubles ($51,408) for providing links to the websites with content banned in Russia including the promotion of drugs, radical Islam, nationalism, as well as the kasparov.ru website, banned in the country.
The emission continued:
Google has not stopped issuing links to websites with child pornography, information about drug trafficking, nationalist organizations in Russia and Ukraine, and the activities of the Hizb-ut-Tahrir group outlawed in Russia, the document says.
My hunch is that the practice suggests that Moscow does sees plenty of PEZ in the mechanism with the Googley decoration.
Stephen E Arnold, February 2, 2022
Mike Lynch: Going to America?
January 29, 2022
I noted the Beeb’s article “Mike Lynch: Priti Patel Approves Extradition of Autonomy Founder.” The write up states:
Home Secretary Priti Patel has approved the extradition of a British tech tycoon to the US to face criminal fraud charges. The decision comes after Mike Lynch, the founder of Autonomy, lost a multibillion-dollar fraud action in London on Friday.
Welp.
A Home Office spokesperson said: “Under the Extradition Act 2003, the secretary of state must sign an extradition order if there are no grounds to prohibit the order being made. Extradition requests are only sent to the home secretary once a judge decides it can proceed after considering various aspects of the case. On 28 January, following consideration by the courts, the extradition of Dr Michael Lynch to the US was ordered.”
The Beeb’s write up includes some biographical information:
Cambridge graduate Mr Lynch, 56, built Autonomy up to be one of the top 100 UK public companies. In 2006, he was awarded an OBE for services to enterprise. A fellow of the Royal Society, Mr Lynch, who lives in Suffolk, previously advised the government and sat on the boards of the British Library and the BBC.
The brief summary omits some interesting information; for example, the Bayesian influence and the architecture of a system which would influence decades of content processing systems. More information is available on my Xenky.com site at this link: https://bit.ly/3IQTwgz
Stephen E Arnold, January 29, 2022
Hewlett Packard Autonomy: A Decision of Sorts
January 28, 2022
I read “HPE Has Substantially Succeeded in Its £3.3bn Fraud Trial against Autonomy’s Mike Lynch – Judge.” The write up reports that buyer beware is not a legal argument. It appears that more litigation awaits Mike Lynch in the US. I noted one interesting statement in the very good summary of the UK legal activities:
Autonomy, which told the market it was a “pure play” software company, accounted for its substantial hardware sales by burying them inside its sales and marketing revenue instead of breaking them out separately.
I am delighted I am not an attorney. I am a retired knowledge worker who has some familiarity with the general technology used by Autonomy and I did some work for the company years ago.
My uninformed view is that Hewlett Packard was looking for a home run when Léo Apotheker (formerly SAP and owner of the TREX search technology), ignored realities about the search and content processing revenue ceilings. Hewlett Packard, it seems to me, pushed forward, ignored inputs, and paid the what might be called the Ford Bronco surcharge.
What happens when a used vehicle sales professional explains the sidewalk guarantee to the buyer? Nothing. Buyers often do not do their homework, are too excited about the deal, or just don’t care about the future until it arrives. Oh, oh. Are there lemon laws for content processing platforms? I suppose the question will be answered US style in the coming months.
Stephen E Arnold, January 28, 2022

