Someone hid AI instructions into a legal filing.

Alternate link.

U.S. courts will begin separately tracking spyware-based interceptions, giving the public new data on government hacking while leaving key gaps.

The post US Courts To Begin Publishing Spyware Records From 2029 appeared first on TechRepublic.

He’s being prosecuted for giving border officials a code that wiped his phone:

The case centers on a feature included in GrapheneOS, a custom Android operating system that runs in place of the software on most modern Google Pixel devices. Tunick’s attorneys confirmed GrapheneOS was running on his phone.

The software feature allows the device owner to set a passcode that deliberately wipes the contents of that device if entered instead of the user’s unlock passcode.

Tunick’s case also raises ongoing questions about what constitutional rights can be invoked at the border, which the U.S. government has long asserted is not U.S. soil until a person is authorized to enter.

Right. And he wasn’t under arrest, either.

Three more news stories.

Graphine says that the feature is “completely legal“:

GrapheneOS is completely legal. We have no obligation to weaken any of the security protections it provides. Creating and using GrapheneOS is strongly protected by the US constitution. Laws attempting to make it illegal or require weakening the security would be unconstitutional.

It’s hard to know how much the Constitution matters in the US right now.

Not sure this will have any effect, but I support the effort:

According to Google’s legal filing, Outsider Enterprise operates through Telegram. The group offers phishing-as-a-service to individuals who may not be technically savvy enough to set up fraudulent websites and text campaigns on their own. In its Telegram channels, Outsider Enterprise reportedly provided instructions on how to use Google’s Gemini AI to create websites that imitate those of Google, YouTube, and government agencies such as New York’s E-ZPass. The group offered nearly 300 scam templates.

[…]

Google worked with AT&T, Verizon, and T-Mobile to block many of these malicious text messages, and Google notes that its on-device scam detection in Google Messages probably helped reduce the number of successful phishing attempts, too. This AI-powered feature apparently stops 10 billion scam texts every month, so it’s fair to expect it caught at least some Outsider Enterprise activity.

Another article.

WhatsApp has caught the NSO Group phishing its users, in violation of a court order.

The intersection of constitutional law and cybersecurity enforcement, specifically the Seventh Amendment right to a jury trial in regulatory data privacy cases.
Central Conflict: Whether federal agencies (like the FCC, SEC, or FTC) can administratively impose monetary penalties for data misuse without a jury, or if such actions are "Suits at common law" requiring Article III court proceedings.

The post Telco Privacy Violation? Fine! No, Telco Privacy Violation, Fine. Supreme Court to Determine if FCC Can Charge Telcos for Data Breaches appeared first on Security Boulevard.

Mike Masnick points out that the recent New Mexico court ruling against Meta has some bad implications for end-to-end encryption, and security in general:

If the “design choices create liability” framework seems worrying in the abstract, the New Mexico case provides a concrete example of where it leads in practice.

One of the key pieces of evidence the New Mexico attorney general used against Meta was the company’s 2023 decision to add end-to-end encryption to Facebook Messenger. The argument went like this: predators used Messenger to groom minors and exchange child sexual abuse material. By encrypting those messages, Meta made it harder for law enforcement to access evidence of those crimes. Therefore, the encryption was a design choice that enabled harm.

The state is now seeking court-mandated changes including “protecting minors from encrypted communications that shield bad actors.”

Yes, the end result of the New Mexico ruling might be that Meta is ordered to make everyone’s communications less secure. That should be terrifying to everyone. Even those cheering on the verdict.

End-to-end encryption protects billions of people from surveillance, data breaches, authoritarian governments, stalkers, and domestic abusers. It’s one of the most important privacy and security tools ordinary people have. Every major security expert and civil liberties organization in the world has argued for stronger encryption, not weaker.

But under the “design liability” theory, implementing encryption becomes evidence of negligence, because a small number of bad actors also use encrypted communications. The logic applies to literally every communication tool ever invented. Predators also use the postal service, telephones, and in-person conversation. The encryption itself harms no one. Like infinite scroll and autoplay, it is inert without the choices of bad actors ­- choices made by people, not by the platform’s design.

The incentive this creates goes far beyond encryption, and it’s bad. If any product improvement that protects the majority of users can be held against you because a tiny fraction of bad actors exploit it, companies will simply stop making those improvements. Why add encryption if it becomes Exhibit A in a future lawsuit? Why implement any privacy-protective feature if a plaintiff’s lawyer will characterize it as “shielding bad actors”?

And it gets worse. Some of the most damaging evidence in both trials came from internal company documents where employees raised concerns about safety risks and discussed tradeoffs. These were played up in the media (and the courtroom) as “smoking guns.” But that means no company is going to allow anyone to raise concerns ever again. That’s very, very bad.

In a sane legal environment, you want companies to have these internal debates. You want engineers and safety teams to flag potential risks, wrestle with difficult tradeoffs, and document their reasoning. But when those good-faith deliberations become plaintiff’s exhibits presented to a jury as proof that “they knew and did it anyway,” the rational corporate response is to stop putting anything in writing. Stop doing risk assessments. Stop asking hard questions internally.

The lesson every general counsel in Silicon Valley is learning right now: ignorance is safer than inquiry. That makes everyone less safe, not more.

The essay has a lot more: about Section 230, about competition in this space, about the myopic nature of the ruling. Go read it.