The zoning policy for the property prohibits fast food, but allows exceptions for restaurants whose primary business is to sell “made-to-order” or Subway-style sandwiches. A city commission denied the request.

But Famous Taco, Bobay ruled, is allowed at the shopping center because it would serve “Mexican-style sandwiches,” and the zoning policy “does not restrict potential restaurants to only American cuisine-style sandwiches.” Hypothetically, other restaurants that serve made-to-order items, including “Greek gyros, Indian naan wraps or Vietnamese banh mi,” would also be allowed, Bobay wrote in his decision.

The plaintiffs are Silicon Valley legend Steve Wozniak, who had his YouTube account hijacked, and 17 scammed individuals. The plaintiffs sued YouTube. YouTube defended on Section 230 grounds. The lower court dismissed the entire complaint due to 230. On appeal, the appellate court doesn’t analyze the multitudinous causes of action individually. Instead, the appeals court analyzes six different theories the plaintiffs advanced to explain why Section 230 shouldn’t apply. The court finds that Section 230 applies to all six theories and upholds the dismissal, though with one theory, the plaintiffs get another chance to try again.

https://www.courts.ca.gov/opinions/documents/H050042.PDF

If aliens come, [laws] are the first thing we should hide.

The board of the Metropolitan Transportation Authority voted to approve a new $15 toll to drive into Manhattan. The plan still faces challenges from six lawsuits before it can begin in June.

I continue to maintain my census of U.S. cases referencing emojis or emoticons. In 2023, I logged 225 such cases (this number will grow a bit due to lags with the electronic databases). The case count continues to grow exponentially. The 2023 count represented a 17% increase over the 2022 count.

Senator Ron Wyden has found that the DoD banned the use of such locks for U.S. government systems, but deliberately kept information about the backdoors from the public.

In Alaska, residents are negotiating a contentious relationship with muskoxen, which were introduced to the area decades ago without local consent.

One Iñupiaq word for muskox is umiŋmak, a term that refers to the animal’s beard-like coat. The word’s existence speaks to the Iñupiat’s long relationship with muskoxen, which once roamed the Arctic. The decline of muskoxen is often attributed to climatic changes after the last ice age, along with predation and hunting. Around Nome, few, if any, Indigenous stories about the animals survive.

The average visitor to Nome today would never guess that muskoxen were ever ghosts on the landscape. The animals adorn guidebooks and artwork at gift shops and draw wildlife viewers and photographers. With their bulky coats, sloping shoulders, short legs, and upturned horns, it’s not hard to picture them roaming alongside saber-toothed cats, wooly mammoths, and other big-bodied beasts of the Pleistocene. But all the muskoxen around Nome today have ancestors that saw the inside of a train station in New Jersey. Their reintroduction to Alaska was the result of a decades-long campaign by early 20th-century settlers and promoters, one that followed a template used many times over before and since: it was a plan for developing the Arctic, drawn up without the consent of Indigenous people.

source: HN

Stories often touch on topics like space travel, benevolent robots, disease-curing nanobots, and deep-sea exploration. They lack aliens and beings with superpowers. Instead, the real superheroes are the exceptional North Korean scientists and technologists who carry the weight of the world on their shoulders.

These stories are often rich in political tension, featuring “breathtaking confrontations between North Korea and the United States,” said Jang Hyuk, a young math graduate who defected from North Korea a few years ago. As in Change Course, North Koreans in sci-fi are typically portrayed as trying to save somebody, while the Americans are the villains who want “to monopolize and weaponize [technology] to dominate the world,” he added.

To a Western reader, such plots might seem ludicrous, perhaps designed to boost the confidence of a nation with little contact with the rest of the world. However, exploring them deeper might reveal a more nuanced layer of understanding.

source: ars

Nearly a century ago, the Ford Motor Co. spent heavily in blood and coin to construct what became, practically overnight, one of the Amazon’s largest cities. Thousands of acres of forest were razed. Millions of dollars were spent. Hundreds of workers died.

But neither Ford nor the Brazilian government, which assumed control of the property when the company departed in 1945, has done much of anything to preserve this historic town whose brief heyday came at so high a cost. William Clay Ford Jr., Henry’s great-grandson and now the company’s executive chairman, reportedly supported in 1997 the opening of a rubber museum here, but nothing came of it. Meanwhile, the Brazilian government, according to federal attorneys, has for more than 30 years ignored pleas to endow the town with historical protections.

Well that blew up, huh? If you follow emulation or just gaming on the whole, you’ve probably heard about the controversy around the Dolphin Steam release and the Wii Common Key. There’s been a lot of conclusions made, and while we’ve wanted to defend ourselves, we thought it would be prudent to contact lawyers first to make sure that our understanding of the situation was legally sound. That took some time, which was frustrating to ourselves and to our users, but now we are educated and ready to give an informed response.

source: L

There’s a convenient punching bag for many of these failures: outdated government technology, and outdated approaches to tech by the bureaucracy. But try to fix that through policy change and you’ll find it’s turtles all the way down. The levers leaders use to fix tech are the same ones they use to steer the economy, improve government-funded healthcare, manage immigration, and even strengthen our national defense. We increase budgets, cut budgets, make new rules, and hold hearings, but the tools we use to fix our tools aren’t working either.

The people on this project knew quite well that using this ESB was a terrible idea. They’d have been relieved to just throw it out, plug in the simple protocol, and move on. But they couldn’t. It was a requirement in their contract. The contracting officers had required it because a policy document called the Air Force Enterprise Architecture had required it. The Air Force Enterprise Architecture required it because the Department of Defense Enterprise Architecture required it. And the DoD Enterprise Architecture required it because the Federal Enterprise Architecture, written by the Chief Information Officers Council, convened by the White House at the request of Congress, had required it. Was it really possible that this project was delayed indefinitely, racking up cost overruns in the billions, because Congress has ordered the executive branch to specify something as small and technical as an ESB?

Jack beat them all, winning the contest and demonstrating not only his enormous skills in securing critical national security systems, but an incredible enthusiasm for serving his country. He was a dream candidate, and the Defense Digital Service (DDS), the team that had sponsored the Hack the Pentagon contest, encouraged Jack to apply for a job. But the resume Jack submitted described his experience developing “mobile applications in IonicJS, mobile applications using Angular, and APIs using Node.js, MongoDB, npm, Express gulp, and Babel”. This would have given a technical manager a good sense of the range of his skills, but no one technical reviewed his resume. DoD’s hiring protocols, like those of most agencies, required that it be reviewed by an HR staffer with a background in government hiring rules, not technology. The staffer saw what looked like a grab bag of gobbledygook and tried to match it to the job description, which required “experience that demonstrated accomplishment of computer-project assignments that required a wide range of knowledge of computer requirements and techniques pertinent to the position to be filled.” The fact that he’d just beat out 600 other security researchers meant nothing. His resume was deemed “not minimally qualified” and didn’t make the first cut.

This is not the first time my blog has been subject to right-to-be-forgotten (RTBF) takedowns. See, e.g., this post (scroll down for the updates). But every time the RTBF is applied to my blog, it’s probably a wrongful application of a misguided policy and worth relaying here.

Still, its implications are wide-ranging. The court is basically saying that whoever presses the camera button owns the copyright, even if the button-pusher doesn’t own the equipment, the camera settings are provided to them, and they get some verbal direction from the camera owner/photo subject about when, where, and how to take the photo. Due to that conclusion, Shah does not own the copyrights to the photos on his phone and he can’t register the copyrights or enforce them.

Billed as the most secure phone on the planet, An0m became a viral sensation in the underworld. There was just one problem for anyone using it for criminal means: it was run by the police

source: HN

NCAA rules prohibit dunking with less than 20 minutes until tip, and Rohleder’s dunk came with 19:58 showing on the clock.

https://www.espn.com/mens-college-basketball/recap?gameId=400546928

The gap in price between a 40-pound block of fresh cheddar and a 500-pound barrel has widened steadily over the last two years. At the end of 2018, the average block-barrel spread hovered around $0.12. That’s well above the $0.07 average spread calculated for 2017 and triple the traditional $0.035 spread.

When the GameStop and Robinhood story exploded at the end of January, suddenly everyone took an interest in market structure, and things like payment for order flow, and the role that high-frequency trading shops play in enabling free retail trading. This of course gave rise to lots of conspiracy theories about ways retail traders are taken advantage of. On the new Odd Lots, we speak with Doug Cifu, the CEO of Virtu, which is one of the largest HFT shops in the country, to get his perspective on how this part of the market really works.

Hour long, pretty thorough.

Last August, Citigroup Inc. wired $900 million to some hedge funds by accident. Then it sent a note to the hedge funds saying, oops, sorry about that, please send us the money back. Some did. Others preferred to keep the money. Citi sued them. Yesterday Citi lost, and they got to keep the money. I read the opinion, by U.S. District Judge Jesse Furman, expecting to learn about the New York legal doctrine of finders keepers—more technically, the “discharge-for-value defense”—and I was not disappointed. But I was also treated to a gothic horror story about software design. I had nightmares all night about checking the wrong boxes on the computer.

source: ML

In response to Australia’s proposed new Media Bargaining law, Facebook will restrict publishers and people in Australia from sharing or viewing Australian and international news content.

Section 230 had such a drama-filled year that I decided to do a separate roundup, in addition to my annual Internet Law wrapup coming soon. (I know 2020 feels like it was a decade ago…) Trigger warning: this post is a shitshow.