A man convicted of child exploitation had no right to privacy when the government seized his Facebook and Yahoo messaging data in the case, a 9th Circuit U.S. Court of Appeals panel ruled Wednesday in 20-50052. The panel rejected an argument from defendant Carsten Igor Rosenow that the Stored Communications Act and the Protect Our Children Act transformed the platform searches into government action. It also rejected his argument that government involvement in the platforms’ searches triggered a Fourth Amendment violation. Rosenow consented to the platforms “honoring preservation requests from law enforcement under” their terms of use, the court said. Judge Danielle Forrest filed the opinion with Judge Consuelo Callahan. Judge Susan Graber dissented, questioning whether Yahoo acted as a government instrument or agent. Yahoo’s motivation to conduct the searches was “intertwined with, and dependent on, the government’s enforcement of criminal laws,” she wrote. Rosenow was arrested after returning from a sex tourism trip involving minors in the Philippines.
Twitter’s board members should preserve all records related to Elon Musk’s offer to buy Twitter (see 2204210038), House Judiciary Committee Republicans wrote the company Friday. This includes Twitter’s response to the offer and its evaluation of shareholder interests, the letter said. Online free speech is under attack from Big Tech, they wrote: Twitter’s decisions will be “consequential for public discourse” and “could give rise to renewed efforts to legislate in furtherance of preserving free expression online.” The company declined comment.
The U.S. launched multilateral privacy negotiations with Canada, Japan, Korea, the Philippines, Singapore and Taiwan, Commerce Secretary Gina Raimondo announced Thursday. The countries established the Global Cross-Border Privacy Rules Forum, the start of cross-border negotiations to set rules and privacy recognition for processors systems. Raimondo said the “first-of-their-kind data privacy certifications” will help companies “demonstrate compliance with internationally recognized data privacy standards.” The forum will “facilitate trade and international data flows and promote global cooperation, building on our shared data privacy values while recognizing the differences in our domestic approaches to protecting data privacy,” she said.
Elon Musk has secured $46.5 billion in financing to buy Twitter (see 2204150051), the Tesla CEO said Thursday in an SEC filing. Morgan Stanley committed $25.5 billion, and Musk will put up $21 billion, according to the filing.
Texas has until May 10 to respond to Twitter’s request for a rehearing in the company’s lawsuit against Republican Attorney General Ken Paxton’s investigation into Twitter’s decision to suspend then-President Donald Trump for his actions linked to the Jan. 6 Capitol siege (see 2204120056), said the 9th U.S. Circuit Court of Appeals Tuesday in 21-15869. Twitter requested rehearing March 30 after a federal judge in California dismissed the lawsuit, calling it “premature.”
Sierra Wireless announced a new partnership with Orange Wholesale France to bolster its access to global networks and expand connectivity coverage across Europe. Access to a wide range of radio technologies, including low-power wide-area and LTE networks, “allows customers with the new offer to enable a variety of use cases regardless of data usage,” said Sierra Tuesday.
Florida’s legislature should use its special session to amend the state’s social media censorship law so Disney isn’t exempted (see 2203250048 and 2202160012), Gov. Ron DeSantis (R) said Tuesday. The governor announced various actions aimed at removing special districts and privileges for Disney in Florida in response to the company’s opposition to HB-1557, Florida’s so-called “Don’t Say Gay” law. The state’s social media law is tied up in a legal battle with the tech industry. NetChoice, which is suing Florida with the Computer and Communications Industry Association, said the Florida law is unconstitutional because it undermines the First Amendment, not because of special treatment for Disney, said Vice President Carl Szabo: “Regardless of whether the Florida legislature takes out the Disney exemption, the law is still flagrantly a violation of the First Amendment.”
The National Institute of Standards and Technology plans a May 4 open meeting at 1 p.m. EDT of its National AI Advisory Committee to address the current state of U.S. competitiveness in AI germane to workforce, says a notice for Tuesday’s Federal Register. The committee also will discuss the potential “to use AI for workforce training,” and whether “societal issues are adequately being addressed,” it says. Members also will discuss enhancing AI opportunities for “diverse geographic regions” of the U.S., it says. Registration is required for the virtual meeting, which begins at 1 p.m. EDT. The Commerce Department announced the appointment of 27 members to the committee last week, including executives from Amazon, Google, IBM and Microsoft (see 2204140052).
Twitter’s board unanimously adopted a year-long shareholder rights plan, the company announced Friday, a day after Tesla CEO Elon Musk offered to buy the platform for $43 billion and take it private. Commonly referred to as a “poison pill,” a shareholder rights plan is one board strategy for fending off a hostile takeover. The rights plan “will reduce the likelihood that any entity, person or group gains control of Twitter through open market accumulation without paying all shareholders an appropriate control premium or without providing the Board sufficient time to make informed judgments and take actions that are in the best interests of shareholders,” the company said. The plan expires April 2023, and doesn’t prevent the board from accepting a transaction. It’s “intended to enable all shareholders to realize the full value of their investment in Twitter,” the company said. The rights would activate if an entity or person “acquires beneficial ownership of 15% or more of Twitter's outstanding common stock in a transaction not approved by the Board.” Each shareholder, other than the purchaser, would have the right to buy additional shares of common stock at a discounted rate. Former Twitter CEO Jack Dorsey tweeted Friday that “as a public company, twitter has always been ‘for sale.’ that's the real issue.”
State enforcers lacked sufficient information to block Facebook’s buys of Instagram and WhatsApp, partly because the platform misrepresented its intentions, 48 state attorneys general argued Thursday before the U.S. Court of Appeals for the D.C. Circuit in docket 21-7078 (see 2203150046). The basis of the antitrust claims only became clear after Facebook’s conduct was “well underway” and the cumulative effects of its behavior became apparent, the states argued. Facebook doesn’t refute that law enforcers “should judiciously evaluate competitive concerns” before filing and enforcers shouldn’t be “stripped of their critical law-enforcement authority merely because they took the time to do so,” the states wrote.