Facebook fights US court over data

27 June 2014 Last updated at 12:37 By Joe Miller Technology reporter

Facebook is fighting a US court order in which it was forced to hand over data belonging to almost 400 people involved in a benefit fraud trial.

The social media site said the request was "by far the largest" it had ever received from a government body.

Photographs, private messages and other information were supplied to a New York court last year, but the process was only made public by a judge this week.

The ruling defined Facebook as a "digital landlord".

A judge said this definition meant the company must comply with search warrants.

The original case investigated fraudulent claimants of US federal disability benefits, whose Facebook accounts apparently showed that they were in fact healthy.

The web giant was ordered to hand over information from the 381 accounts, which the court said contained "evidence of criminality".

'Unconstitutional'

After an appeal was denied, Facebook complied with the request but protested that it violated the Fourth Amendment of the US constitution, which protects against "unreasonable searches and seizures".

Facebook also voiced concerns about the lack of date restrictions on the warrant, which it argued allowed the US government to keep the data indefinitely, and the range of data requested, which it said would contain private material which bore no relation to the trial.

The proceedings have been kept private by the court, but after a fresh appeal by Facebook a New York judge has now made the court filing public.

Facebook said the government had obtained "gag orders", preventing it from telling the account holders that it had been forced to hand over their data.

"This unprecedented request is by far the largest we've ever received - by a magnitude of more than ten - and we have argued that it was unconstitutional from the start," wrote Chris Sonderby, a legal adviser to Facebook.

"Of the 381 people whose accounts were the subject of these warrants, 62 were later charged in a disability fraud case.

"This means that no charges will be brought against more than 300 people whose data was sought by the government without prior notice to the people affected."

'Virtual custodian'

But a spokesperson for the Manhattan district attorney defended the court's actions.

"This was a massive scheme involving as many as 1,000 people who defrauded the federal government," said Joan Vollero.

"The defendants in this case repeatedly lied to the government about their mental, physical, and social capabilities. Their Facebook accounts told a different story."

In a summation of the legal justification for the court's decision, the judge wrote: "Facebook could best be described as a digital landlord, a virtual custodian or storage facility for millions of tenant users and their information.

"Hence, the search warrants authorise the search and seizure of digital information contained within the Facebook server."

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Android Wear watches go on sale

25 June 2014 Last updated at 21:22 By Leo Kelion Technology desk editor

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Richard Taylor takes a close-up look at a Samsung Gear Live running Android Wear

Google has announced the first smartwatches powered by its Android Wear operating system are now available for pre-order.

The LG G Watch and Samsung Gear Live - both featuring rectangular screens - mark an attempt to standardise the way Android wearable devices function.

Google said that Motorola's circular Moto 360 would not be released until "later this summer".

Analysts say the move to a unified approach could drive sales.

"The problem with smartwatches so far has been that the sector hasn't quite decided what it wants to be - is it a phone on your wrist or an accessory device," Steffen Sorrell, from the Juniper Research consultancy, told the BBC.

"Once you introduce Android Wear, it will hopefully provide a more focused case for what the devices are capable of. And that's a direction that could invigorate the market."

LG said the G Watch costs $229/£159 and would initially be made available to 12 countries including the US, UK, France, Germany and Japan. It is due to ship on 4 July.

Samsung said the Gear Live would cost $199/£169 and ship on 7 July.

Both will require the owner to have a phone running Android 4.3 or above.

Vibrating notifications

Google dedicated an early part of its I/O developer conference presentation in San Francisco to its new wearable OS.

David Singleton, director of engineering in the firm's Android division, said one of its core aims was to be able to "quickly show you relevant information, and make sure you never miss an important message, while letting you stay engaged with the people that you are actually with".

To achieve this, when notifications are received by the user's smartphone they can be set to make the watch vibrate on the user's wrist.

If the owner then dismisses the alert and carries out a follow-up action on the watch, such as scheduling an appointment, the details are "immediately synched across" so that the smartphone also hides the notification and adds the meeting to its diary.

Users can also reject calls to their phone via the watch and select a pre-set text message to explain why, and bring up map navigation.

Voice commands

Much of Android Wear's user interface (UI) relies on the firm's Google Now card-based system. It allows owners to swipe up and down to different types of information, and left and right to find out more about a specific topic.

However, Mr Singleton's demonstrations at the event suggested that his firm expects consumers to carry out many of the watch controls by voice command.

Saying "OK Google" prepares the device to take an instruction - similar to the way its Glass eyewear functions.

Example tasks shown on stage included setting reminders, taking notes, setting an alarm and playing music.

Mr Singleton also highlighted that many of the OS's functions would be triggered by "context", without requiring a human action.

He showed how flight information could be flagged on the day of travel, a restaurant reservation close to the time of the booking, and local bus timetables when travelling abroad.

He added that this functionality was also being made available to third-party developers, giving the example of a place being highlighted when the owner approached if it had been "pinned" by a friend on the Pinterest social network.

Other examples of third-party software included an app that makes it possible to order fast food, and one that allows owners to hail a taxi - both designed to involve few button presses.

The watch does not have access to a special store to download such apps, but instead automatically gets them when the handset version is downloaded to a paired phone.

Analysis: Richard Taylor, North America technology correspondent

Android Wear presents an opportunity for Google to become the provider of the "go-to" platform for smartwatches, stealing a march on Apple.

Until now, smartwatches have not been terribly "smart", in part because of a lack of decent apps.

Making the mobile version of Android easily tweakable by developers to run on your wrist should deliver a huge variety, especially if they can bring a deep integration with your handset.

But much will depend on execution; and for many use-cases, the case has yet to be made for a 2in (5cm) screen to effectively replace the 5in one in your jeans pocket.

'De facto standard'

One industry watcher who has tested a prototype Android Wear device said he expected it to now become the de facto standard for wearable kit with screens.

"What Google is trying to achieve here is a glanceable UI and that's the key to wearables," said Ben Wood, from the CCS Insight tech consultancy.

"Android Wear is not a full operating system, it's merely a smartphone companion, and my view is that's the right starting point for Google at a time when everyone is feeling their way in the dark and trying to find a compelling case for what to do with it beyond the basic stuff.

"I think all the other proprietary efforts with [Samsung's use of] Tizen and other proprietary software will now be pushed to one side because of the public awareness Android Wear will generate, how it will become the focus for developers and the fact that people will have the guarantee that they can use one brand of Android Wear watch with another brand of phone."

He added, however, that the voice commands might prove problematic in crowded, noisy environments, noting that third-party developers including Minuum were already working on Android Wear keyboards to address the issue.

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Bad review couple win compensation

26 June 2014 Last updated at 15:04

Online retailer KlearGear has been ordered to pay $306,750 (£180,000) to a couple it has had a long-running dispute with over a bad review.

Jennifer Palmer posted a review on RipOffReport.com criticising KlearGear customer service, after her husband ordered two items that never arrived.

KlearGear later asked her to remove the post and threatened a $3,500 fine.

The case was resolved in a default judgement after KlearGear failed to respond to the legal action.

The couple's lawyers told technology news site Ars Technica that collecting the money could prove problematic.

"Now we're going to be figuring out where KlearGear's assets are and how we can collect them," they said.

Customer service

The row stretches back to December 2008 when John Palmer ordered two items, worth less than $20, as a gift for his wife.

The items did not arrive and after repeated calls to the company the couple were told that the items had never been paid for and had been cancelled.

In response Mrs Palmer posted a review claiming "there is absolutely no way to get in touch with a physical human being" and describing KlearGear's "horrible customer service practices".

Three years later, Mr Palmer received an email demanding that the review be deleted within 72 hours or a fine of $3,500 would be levied as he was in violation of the firm's "non-disparagement clause".

Although the Palmers never sent the money, KlearGear attempted to get it via a debt collection service, which the couple allege damaged their credit rating.

Commonsense victory?

Ars Technica, which has been following the case in detail, said that Descoteaux Boutiques, KlearGear's Paris-based parent firm had contacted it.

Emails from Vic Mathieu director of corporate communications claimed that Mr Palmer had been "belligerent towards our customer care staff and threatened to defame KlearGear if he did not receive free merchandise".

Partner at law firm Harbottle and Lewis, Andy Millmore said that it was a partial victory for common sense.

"I should be able to say something fair and reasonable about a firm I have bought goods from," he said.

"It shouldn't have taken three or four years at massive legal cost to reach that conclusion."

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UK helps machines talk to each other

26 June 2014 Last updated at 17:22 By Leo Kelion Technology desk editor

A group of 40 UK-based tech firms has developed a way to help apps and machines communicate in a bid to spur on smart cities and smart homes.

Hypercat is a new specification that effectively acts as an address book for data hubs holding information transmitted by net-connected devices.

It would allow an app to ask a hub what types of data it holds and what permissions it needs to access them.

The idea is to reduce the need for human intervention.

At the moment a person needs to write an application programming interface (API) to specify how the software components of one system should interact with another.

A recent example of this is Google's Nest division releasing APIs to allow the software that controls its smart thermostat to interact with the software used by Jawbone's Up wristbands.

But as the number of net-connected objects climbs higher - including everything from lamp posts to washing machines - the consortium behind Hypercat suggests it would be more efficient to allow the systems to have a standard way of consulting each other, rather than requiring new APIs for each case.

Instead of insisting that each company organises its data in the same way - an approach the consortium accepts would be doomed to failure - it decided instead to build a layer on top of the databases the services already hold.

The result, Hypercat, is described as being an open, lightweight hypermedia catalogue format.

Uniform approach

The consortium likens the concept to Sir Tim Berners-Lee's world wide web specifications, which helped unlock the potential of the net after they were widely adopted.

"Today devices are all being connected to the internet in slightly different ways," explained Pilgrim Beart, chief executive of internet-of-things start-up 1248, which is involved in the project.

"They generally have a web interface, which allows applications to come and get data from them and control them.

"But everyone's interface is different and there is no standard way for an application that has not been specially written for that service to come along and find what the devices are and what data they've got. That's the problem that Hypercat solves.

"An example would be if an application understands temperatures, Hypercat would provide a uniform way the application could ask any service if it has temperature data in it and ask to get hold of it."

BT, ARM, Intel, and IBM are among the other firms that have helped develop the specification over the past year.

The effort has also received £6.4m of government funds through the UK's Technology Strategy Board.

However, for Hypercat to succeed other tech companies will have to agree to add it to their systems. Major players, including Google and Apple, have yet to be consulted.

The firms involved also acknowledge that extra software would be required to take account of privacy concerns, to prevent apps exploiting Hypercat to track the behaviour of individuals through all their various interactions with net-connected kit.

Even so, one expert not involved in the project said it typically took many years for such specifications to become adopted as industry standards, and this one might face resistance from firms already selling smart appliances and control systems.

"If a company is leading in a market why on earth would they do anything that would make it easier for their competitors to enter?" asked Dr Ian Brown, from the University of Oxford's Internet Institute.

"Sometimes there will be circumstances that will persuade them that if they open up in this way they can grow the overall market larger. But the hard economics is that they may be reluctant to do that."

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Alibaba chooses NY Stock Exchange

26 June 2014 Last updated at 19:57

The Chinese online retailer, Alibaba, will list its shares on the New York Stock Exchange (NYSE), rather than on the technology focused Nasdaq.

Alibaba, which handles more than 80% of online retail transactions in China, plans to go public in the US this summer.

Some analysts say the public listing could be worth more than $20bn.

The decision to float on the NYSE is a blow to the rival Nasdaq exchange, which had hoped to host the stock.

"We participated in a comprehensive and deliberate exchange selection process, and we are pleased to welcome Alibaba Group to the New York Stock Exchange," an NYSE spokesman said.

Alibaba will be the largest Chinese company to list in the United States.

Founded in 1999 by a former English teacher, Jack Ma, it was reported to have more than 231 million active buyers across its three virtual marketplaces last year.

The NYSE and Nasdaq have been competing to attract technology firms and last year the NYSE recorded an important win by listing Twitter.

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Amazon 'bullying' UK publishers

26 June 2014 Last updated at 23:26 By Joe Miller Technology reporter

Amazon is facing a battle with UK publishers as it seeks to secure more advantageous terms in its latest round of contract negotiations.

The web giant wants the right to print books itself if publishers fail to provide adequate stock, and wants publishers to match any pricing deals it offers to other distributers.

One mid-sized firm accused Amazon of "bullying," and warned that the company was destroying the industry.

Amazon has not commented on the issue.

Trade magazine the Bookseller was first to report that Amazon had introduced a number of new clauses in its recent contract proposals to independent UK publishers.

'Print-on-demand'

Among these were the right for Amazon to print its own copies of a book if a publisher runs out of stock.

The Seattle-based company would do this using its "print-on-demand" equipment, and would require publishers to hand over electronic versions of their titles.

The process, which can print books more quickly than a traditional press, is generally thought to offer an inferior product.

Publishers are concerned that if Amazon used this method to print books, customers would blame them, and not the tech firm, for the quality.

Another clause, known in the industry as a "most favoured nation" (MFN) proposal, asks publishers not to offer promotions to distributors without also offering them to Amazon.

This would include selling books at a discount on the publishers' own websites.

It also demands that publishers inform Amazon before offering e-book deals to other clients, and give the tech firm the same terms.

Unprecedented

The BBC spoke to independent UK publishing companies who were alarmed at the proposals.

One representative of a mid-sized firm said Amazon had become "increasingly ruthless" in its negotiations, while another accused Amazon of "bullying".

One boss added that they believed the MFN clause would cause Amazon to fall foul of competition rules, and should be of concern to regulators.

Publishers also told the BBC that Amazon generally prefers verbal agreements, and rarely documents its negotiations, but had done so in the latest round of talks, with one "mid-tier" firm saying this was the first time it had received correspondence outlining such terms.

One independent publisher, which releases between 80 and 100 titles each year, said it had been approached by Amazon in the past with the above clauses.

'Ryanair moment'

A senior manager told the BBC that if asked to agree to the terms, the firm's answer would be a "simple and monosyllabic no".

They also warned that Amazon was reaching a "Ryanair moment", when customers and suppliers would become uncomfortable with the way that the company operates.

The BBC also approached several of the larger publishers, including Hachette, Penguin and Harper Collins, all of whom refused to provide comment.

The Bookseller's editor, Philip Jones, told the BBC that if Amazon's terms were agreed, it would be a "form of assisted suicide for the industry".

But he added that the negotiations might be a "tactic" by Amazon, and could be dropped before a final deal is struck.

The BBC understands that similar terms were proposed in the past - although without the current forcefulness - but later abandoned by Amazon.

The negotiation process generally takes many months.

Competition investigations

The tech firm is currently involved in a high profile spat with publishers Hachette in the US. The two companies are locked in discussions about how to share profits on e-books - a dispute which has led to price increases and a block on pre-orders of Hachette books.

In a separate development, a German trade association has brought a complaint against Amazon to the country's competition authorities, claiming the firm abused its market dominance.

On Thursday, the Associated Press reported that the French government, in a bid to support the country's small bookshops, has adopted a bill that will prevent Amazon and other online retailers from offering free deliveries of discounted books.

The EU commission confirmed to the BBC that it was monitoring the UK book industry. The EU has investigated MFN clauses in the past, but has never ruled them illegal.

But Mr Jones also emphasised the positive role Amazon has played in the bookselling industry.

"The worst thing that could happen [to book publishers] would be for Amazon to go away," he said.

"The second worst thing would be for it to become more dominant."

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E-voting experiments end in Norway

27 June 2014 Last updated at 12:12

Norway is ending trials of e-voting systems used in national and local elections.

Experiments with voting via the net were carried out during elections held in 2011 and 2013.

But the trials have ended because, said the government, voters' fears about their votes becoming public could undermine democratic processes.

Political controversy and the fact that the trials did not boost turnout also led to the experiment ending.

In a statement, Norway's Office of Modernisation said it was ending the experiments following discussions in the nation's parliament about efforts to update voting systems.

The statement said although there was "broad political desire" to let people vote via the net, the poor results from the last two experiments had convinced the government to stop spending money on more trials.

The 2013 trial was also controversial because immediately prior to the election, criticism was levelled at the encryption scheme used to protect votes being sent across the net. Software experts called for the entire voting system to be rewritten to better protect data.

A report looking into the success of the 2013 trial said about 70,000 Norwegians took the chance to cast an e-vote. This represented about 38% of all the 250,000 people across 12 towns and cities who were eligible to vote online.

However, it said, there was no evidence that the trial led to a rise in the overall number of people voting nor that it mobilised new groups, such as young people, to vote.

The report by Norway's Institute of Social Research also expressed worries about the fact that online voting took place in what it called "uncontrolled environments". This, it said, undermined the need for a vote to be made in secret without anyone influencing the voter as they made their choice.

It said there was also some evidence that a small number of people, 0.75% of all voters, managed to vote twice in 2013. They did this by voting once online then travelling to a polling station to cast a paper ballot.

Norway has made its decision soon after Jenny Watson, head of Britain's Electoral Commission, said the UK should move more swiftly to adopt e-voting as it could help arrest a decline in the numbers of young voters.

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