The Supreme Court discussed what constitutes a computer crime, in a case concerning a former police officer who allegedly accepted a bribe to access license plate information. Nathan Van Buren is appealing a 2017 conviction on violations of the Computer Fraud and Abuse Act. SCOTUS received briefs from groups concerned about Van Buren’s interpretation of the law and what it could mean for privacy, said Justice Samuel Alito during Monday’s oral argument in Van Buren v. U.S. Government employees and citizens could potentially access highly personal information to make money, break the law or harass people if Van Buren prevails, groups said. In response to a question from Alito, Van Buren’s attorney Jeffrey Fisher said Congress wasn’t concerned about that when passing CFAA, only computer hacking, though lawmakers may want to regulate or criminalize the activity Alito described. The statute is designed to cover “serious breaches of trust,” like looking up personal information without authorization, said Deputy Solicitor General Eric Feigin. Before the court is whether a person authorized to access information on a computer for certain purposes violates CFAA if that user accesses “the same information for an improper purpose.” Justice Clarence Thomas questioned the distinctions Fisher tried to make. Thomas used the example of a car rental employee using GPS information to track a spouse rather than a vehicle, asking whether that would be a violation. The car rental employee is entitled to the GPS information, though there may be a breach of company policy, said Fisher: The question is whether the user is entitled to obtain the information. Justice Elena Kagan said a key question is what “so” means in the statute, referencing its definition of “exceeds authorized access,” which refers to information the “accesser is not entitled so to obtain or alter.” Fisher says it means “by accessing a computer,” she said, while Feigin said it means “by using your access.” Fisher has a point, Kagan said: “He is saying that what that prevents is using the statutes as to cases where you could obtain the information in a nondigital manner.”
Rules barring USF recipients from using equipment suppliers that were deemed national security risks should be “technology neutral,” asked the Telecommunications Industry Association in calls last week with aides to FCC Commissioners Mike O’Rielly and Brendan Carr, per filings posted Wednesday in docket 18-89. “Follow this time-honored technology neutral approach in determining what equipment and services can be used by U.S. providers to replace at-risk equipment.” Some language in the FCC’s draft item “could be read as promoting certain solutions over others,” TIA said.
Intuit must divest Credit Karma’s tax business to buy that company for $7.1 billion, DOJ said Wednesday. The divestiture will “preserve competition for digital do-it-yourself” tax preparation products, DOJ said. Intuit, creator of TurboTax, would need to divest the tax business to Square, the department said: “Today’s divestiture to Square, another highly successful and disruptive fintech company, ensures that taxpayers will continue to both benefit from this competition and benefit from new innovative financial service offerings from both Intuit and Square.” Intuit is “very excited to reach this important milestone,” said CEO Sasan Goodarzi.
Consumers are using different types of payments as they try to shop safely in person and online during the holidays, found the Electronic Transactions Association and Strawhecker Group (TSG). Nearly three-fourths of U.S. consumers will use electronic payments as their first choice, including traditional credit/debit cards, contactless cards and digital wallets. Eight in 10 have used one-click payment, 37% frequently. TSG cited a 9% increase in spending using credit/debit cards Feb. 1-Nov. 1, with COVID-19 accelerating the shift to cards and digital payments. Since the start of the pandemic in the U.S., spending on credit and debit cards jumped 32% in grocery and retail stores. The survey of 961 consumers was fielded Nov. 9-11.
Home Depot settled with more than 40 states Tuesday for $17.5 million over a 2014 data breach that affected some 40 million customers. The settlement requires the company to “tighten its information security program to prevent future breaches,” said California Attorney General Xavier Becerra (D): It includes “a comprehensive information security program to protect the integrity and confidentiality of consumers’ personal information.” The company is glad to “put this matter behind us and continue to focus on serving our customers,” a spokesperson emailed, citing free identity protection services, free credit monitoring for customers and heavy investment since 2014. Pennsylvania AG Josh Shapiro (D) noted the agreement requires employing a “duly qualified Chief Information Security Officer” reporting to senior executives and directors. “The data security measures required by this settlement will help protect the personal information of Marylanders and other consumers throughout the country,” said Maryland AG Brian Frosh (D).
FAA is accepting comment for 30 days on proposed certification of 10 unmanned aircraft systems as “special class aircraft,” the agency said Monday. The agency published Federal Register notices for 3D Robotics, Airobotics, Amazon, Flirtey, Flytrex, Matternet, Percepto, Telegrid, Wingcopter and Zipline electric-powered drones weighing 5 to 89 pounds.
With many Americans holding holiday gatherings online, the FCC warns that videoconferencing software can be “vulnerable to security breaches,” said Dave Savolaine, a commission consumer education and outreach specialist, on an agency webinar Friday. Password-protecting videoconference calls can prevent intruders from planting malware on devices, he said. He recommends that video call hosts log in before guests arrive to prevent unwanted visitors. Use platforms’ “waiting room” feature "to see who’s knocking on the door before they’re let in,” said Savolaine. The host should lock the video meeting once all expected visitors arrive, he said. “This isn’t just so you don’t have to listen to that one relative who may be obnoxious at your holiday gathering. This is also for the safety of your devices.”
Stay-at-home gaming drove Nvidia to record Q3 revenue of $4.73 billion, up 57% year on year and “well above our” forecast, said Chief Financial Officer Colette Kress on a Thursday call. Gaming revenue of $2.27 billion was “ahead of our high expectations” and a 37% gain, she said. GeForce graphics processing units (GPUs) are generating “overwhelming demand” for desktop gaming PCs during the pandemic, said Kress.
Global shipments of new vehicles with Android Automotive infotainment systems will reach 36 million shipments in 2030, reported ABI Research Wednesday. Android Automotive is “ideal for mass-market vehicles” because it contains “pre-developed” automotive audio, navigation and Bluetooth “extensions,” reducing costs and time to market, said ABI: “Built-in Google services provide access to other connected devices and a smartphone-like experience to the cockpit at lower costs.”
Target executives credited “flexibility” and “agility” for a 21% year-on-year hike in comparable sales. Stores had a 9.9% year-on-year comparable sales bump; digital comps spiked 155%, they said on a Wednesday Q3 call. Sales through same-day services soared 217%. Revenue grew 21% to $22.6 billion. CEO Brian Cornell cited “sharply higher” sales gains in hardlines, with comp growth in the mid-30% range, led by electronics, up 50%. He highlighted strength in computer software, videogames, portable electronics and office equipment. Inventory shortfalls persist amid “huge swings in pace of sales” in some categories, said Chief Operating Officer John Mulligan. Employees are playing “catch-up” in long-lead categories such as electronics that had “an unexpected sharp and sustained explosion in demand.” Target ended Q3 in a better inventory position and expects additional recovery in Q4. It didn't provide guidance due to “continued headwinds facing the consumer and the economy,” said Chief Financial Officer Michael Fiddelke. He referenced uncertainty about the path of the pandemic and continued levels of employment.