U.S. and EU officials started talks for a potential “enhanced EU-U.S. Privacy Shield framework,” Commerce Secretary Wilbur Ross and European Commissioner for Justice Didier Reynders announced Monday (see 2007240031): “The European Union and the United States recognize the vital importance of data protection and the significance of cross-border data transfers to our citizens and economies.” The two sides are committed to privacy and rule of law and have collaborated for decades, they said.

Interoperability of open software interfaces enables the app economy, and is good for developers and consumers, Google argued in a supplemental Supreme Court brief Friday (18-956). The high court will hear oral argument Oct. 7 in Google v. Oracle, an intellectual property case (see 2007130056). Oracle sued Google for its use of Java programming code. A decision in favor of Oracle would limit consumers’ ability to use technologies across devices, Google Senior Vice President-Global Affairs Kent Walker argued. Oracle cited a U.S. Circuit Court of Appeals finding on fair use: “It is not fair use for Google to copy popular portions of Oracle’s software for an identical, superseding purpose in a platform that competes with Oracle’s work and its derivatives.” Google exploited the code “for the same purpose for which Oracle created it in a protected market for Oracle’s work,” Oracle said.

Congress should force Amazon to divest its storage and shipping business to ensure the company isn’t abusing its dominance, more than 20 advocacy groups wrote the House Judiciary Committee Thursday. Demand Progress, Fight for the Future, Open Markets Institute and Public Citizen signed the letter to Chairman Jerry Nadler, D-N.Y., and Antitrust Subcommittee Chairman David Cicilline, D-R.I., commending the recent hearing with Big Tech CEOs (see 2007290063). The groups suggested lawmakers consider structural separations and bright lines rules in its report to rein in the power of Amazon, Apple, Facebook and Google. Amazon and the Internet Association didn’t comment.

Facebook should allow “third-party audits of hate content and enforcement to guide best practices,” 20 state attorneys general wrote the company Wednesday. AGs Karl Racine of Washington, D.C., Gurbir Grewal of New Jersey and Kwame Raoul of Illinois, all Democrats, announced the coalition’s letter. They cited the platform's internal audit finding the company “refused to enforce its own policies against dangerous organizations and individuals.” They recommended the company expand policies to “limit inflammatory advertisements that vilify minority groups” and offer live, real-time assistance to victims of harassment and intimidation on the platform. Users should have a stronger ability to filter, report and block bad content, they wrote. "Hate speech is an issue across the internet and we are working to make Facebook as safe as possible by investing billions to keep hate off our platform and fight misinformation," a company spokesperson emailed. "We share the Attorneys General’s goal of ensuring people feel safe on the internet and look forward to continuing our work with them."

All Foreign Intelligence Surveillance Act applications in question in a March inspector general report “contained sufficient basis for probable cause,” DOJ said Monday, defending the agency’s surveillance practices (see 2003310068). The FBI and the DOJ National Security Division took “more than 40 corrective actions.” The IG uncovered widespread FBI wiretapping application flaws in the March report, with specific issues for the FBI’s Woods files. Woods procedures require DOJ officials verify that information submitted to the FISA court matches FBI investigatory data. Justice reviewed the 29 FISA applications and “uncovered only two material errors, neither of which invalidated the authorizations granted by the FISA Court,” Assistant Attorney General John Demers said: That included “one material misstatement and one material omission.” The FBI compiled Woods files for the four applications where an original file was missing, “and the FBI was able in many instances to locate documentation to support a factual assertion,” Demers said.

Google’s proposed buy of Fitbit “is about devices, not data,” blogged Rick Osterloh, Google senior vice president-devices and services Tuesday. It would “increase choice, and create engaging products and helpful experiences,” said Osterloh of the deal announced in November (see 1911010051). The European Commission is concerned it would further entrench Google's market position in online advertising “by increasing the already vast amount of data that Google could use” for targeted ads, it said. EU Executive Vice-President Margrethe Vestager said European consumers’ wearables use is expected to grow, along with data that provides “key insights” about their health. It wants to ensure Google’s control over data collected through wearables due to the transaction “does not distort competition.” Osterloh said Google doesn’t make or sell wearables that compete with smartwatches and fitness trackers from Apple, Samsung, Garmin, Fossil, Huawei and Xiaomi: the combination of Google and Fitbit's hardware efforts "will increase competition in the sector, making the next generation of devices better and more affordable." Google has been "clear from the beginning that we will not use Fitbit health and wellness data for Google ads,” said the executive, noting the company recently offered to make a legally binding commitment. “We will give Fitbit users the choice to review, move or delete their data.”

Google put a priority on price for its new smartphone, the Pixel 4a, which went on preorder Monday at the Google Store and on Google Fi for $349. The 5.8-inch device is due in stores Aug. 20, bringing back camera features from the 4, including HDR+ with dual exposure controls, portrait mode, top shot, fused video stabilization and night sight with astrophotography, blogged the company. A Recorder feature can connect to Google Docs to save and share transcriptions and recordings. The phone’s Personal Safety app enables real-time emergency notifications and has car crash detection, it said. Live Caption provides real-time captioning for video and audio content, including voice and video calls. Google’s first 5G phones, the 4a (5G) and 5 are due in fall starting at $499.

Three were charged for alleged roles in a July 15 Twitter hack (see 2007170058), DOJ announced Friday: Mason Sheppard, 19, of the U.K.; Nima Fazeli, 22, of Orlando; and a juvenile. Sheppard was charged “in a criminal complaint in the Northern District of California with conspiracy to commit wire fraud, conspiracy to commit money laundering, and the intentional access of a protected computer,” DOJ said. Fazeli, also charged there, faces penalties for “aiding and abetting the intentional access of a protected computer,” DOJ said. The department referred the third individual to the state attorney for the 13th Judicial District in Tampa. “The hackers allegedly compromised over 100 social media accounts and scammed both the account users and others who sent money based on their fraudulent solicitations,” acting Assistant Attorney General Brian Rabbitt said. Sheppard faces 45 years in prison and $750,000 in fines for three counts. Fazeli faces five years and a $250,000 fine. The defendants didn’t reply to emails.

The U.S. can’t allow tech industry encryption to blind law enforcement and block investigation of serious crimes, Attorney General William Barr said Thursday, supporting a lawful access bill. Rep. Ann Wagner, R-Mo., introduced the Lawful Access to Encrypted Data Act, companion to a bill introduced by Senate Judiciary Committee Chairman Lindsey Graham, R-S.C. (see 2006240064). Children are at particular risk, and the tech industry hasn’t done enough, so legislation is necessary, Barr said: “I am confident that the tech industry can design strong encryption that allows for lawful access by law enforcement. Encryption should keep us safe, not provide a safe haven for predators and terrorists.” The legislation “properly balances privacy, public safety, and our Fourth Amendment rights by requiring due process before any encrypted data or devices are accessed,” Wagner said. The National Center on Sexual Exploitation said the bill gives “law enforcement the ability to take reasonable, and constitutional, steps to investigate criminality on encrypted platforms.”

U.S. and European regulators should “swiftly begin negotiations” to replace the Privacy Shield (see 2007240031) and allow an enforcement moratorium, 17 trade associations wrote officials Thursday. The Information Technology Industry Council, ACT|The App Association, Computer & Communications Industry Association, U.S. Chamber of Commerce and Software & Information Industry Association signed the letter to European Justice Commissioner Didier Reynders, U.S. Commerce Secretary Wilbur Ross and European Data Protection Board Chair Andrea Jelinek. Negotiators should begin immediately on a “solid legal framework to avoid trade disruptions to EU-U.S. data flows,” they wrote. EU data protection authorities should provide guidance for companies that used the PS and should allow a “reasonable enforcement moratorium,” they wrote. A Commerce Department spokesperson cited a previous statement from Ross. The European Data Protection Board didn’t comment.