Tag Archives: Changes
This article first appeared in Data Sheet, Fortune’s daily newsletter on the top tech news. To get it delivered daily to your in-box, sign up here.
There was an important, close, widely watched Supreme Court decision last week that could have big implications for parts of the tech industry for decades to come. No, not the 5-4 ruling allowing states to require sales tax collection from e-commerce sites in the South Dakota v. Wayfair case. (Though if that’s your bag, The Economist had a good analysis.)
Instead, it’s the 5-4 decision in Carpenter v. United States that’s also worth examining deeply.
Carpenter in this case is “Little Tim” Carpenter, who was convicted as the alleged organizer of a crime spree where a gang of crooks stole bags of brand new smartphones at gunpoint from more than half a dozen Radio Shack and T-Mobile stores in and around Detroit. In 2011, Carpenter was nabbed, in part, because the police had subpoenaed records from his cellphone provider that included somewhat crude but voluminous realtime location data covering 127 days. And Carpenter was around the robbed stores at the times of the robberies, the records showed.
Typically, the Supreme Court has allowed police to collect almost any kind of information generated by third parties, such as bank records or a list of phone numbers called, with just a subpoena. It’s known as the third party doctrine. You knew the bank or the phone company was collecting that data, so you had no “reasonable expectation” of privacy. Something more like papers you kept in a locked drawer in your desk required a full search warrant, with a showing of probable cause that evidence of a crime might be found.
Maybe you can see where Chief Justice John Roberts took this analysis in Carpenter’s case. The level and amount of detail that companies are collecting about us has exploded. Where once the phone could simply tell the police who you called and for how long, now they have a precise and comprehensive map of everyplace you’ve been, not to mention every web site you visited. “This case is not about ‘using a phone’ or a person’s movement at a particular time,” Roberts wrote. “It is about a detailed chronicle of a person’s physical presence compiled every day, every moment, over several years.”
A bevy of tech companies, ranging from big players like Apple (aapl), Google (googl), and Microsoft (msft), to smaller cloud-related outfits such as Dropbox (dbx), Evernote, and Airbnb, had written a brief for the court arguing that the rules of the third party doctrine “make little sense” when applied to the new kinds of digital online data now being collected. Urging the court to rethink its view of when people have a reasonable expectation of privacy, they noted digital devices and apps unavoidably generate deeply personal data:
That made sense to Roberts and a majority of the court. New Justice Neil Gorsuch dissented, but only because he thought the majority should go even further and practically dump the whole third party doctrine. Expect more knotty conflicts over digital data privacy, not just among Supreme Court justices, but with lawmakers, regulators and law enforcers across the country.
WASHINGTON (Reuters) – U.S. President Donald Trump on Tuesday floated a plan to fine ZTE Corp $ 1.3 billion and shake up its management, as U.S. lawmakers vowed to keep sanctions that crippled the Chinese telecommunications firm.
Trump, speaking to reporters at the White House about ongoing trade negotiations with China, said there was no deal with Beijing on ZTE. In addition to the fine, Trump said ZTE should come under new management and name a new board of directors.
Republicans and Democrats in Congress, however, accused the president of bending to pressure from Beijing to ease up on a company that has admitted to violating sanctions on Iran. Their reaction could complicate U.S. efforts to win trade concessions from China to narrow a $ 335 billion annual trade gap.
“The proposed solution is like a wet noodle,” said Senate Democratic Leader Chuck Schumer, who accused Trump of jeopardizing national security for what he described as minor trade concessions.
Schumer, speaking before Trump detailed his latest thinking on ZTE, added that the possible remedies floated earlier by the Trump administration were inadequate.
According to sources familiar with the discussions, a proposed trade deal with China would lift a seven-year ban that prevents U.S. chipmakers and other companies from selling components to ZTE, which makes smartphones and telecommunications networking gear.
In return, China would eliminate tariffs on U.S. agriculture or agree to buy more farm products from the United States.
The U.S. Commerce Department imposed the ban in April after it determined that ZTE had broken an agreement after it pleaded guilty to shipping U.S. goods and technology to Iran.
The ban has threatened the viability of China’s second-largest telecoms maker by cutting off access to companies that supply 25 percent to 30 percent of its components. Suppliers include some of the biggest U.S. tech companies, including Alphabet Inc’s Google, which licenses its Android operating system to ZTE, and chipmaker Qualcomm Inc.
ZTE last week said it had suspended its main operations.
The U.S. Department of Defense has also stopped selling ZTE’s mobile phones and modems in stores on its military bases, citing potential security risks.
U.S. Treasury Secretary Steven Mnuchin told lawmakers that the treatment of ZTE was not “a quid pro quo or anything else” related to trade, and said national security concerns would be taken into consideration.
“I can assure you that whatever changes or decisions that are made in Commerce will deal with the national security issues,” Mnuchin told a U.S. Senate appropriations subcommittee.
Republican and Democratic lawmakers said they were looking at ways to block any possible changes. “We will begin working on veto-proof congressional action,” Republican Senator Marco Rubio said on Twitter.
Lawmakers are considering several possible options and aim to act “soon,” said Dick Durbin, the Senate’s No. 2 Democrat.
The Senate Banking Committee voted 23-2 on Tuesday to adopt a measure that would make it harder for the president to modify penalties on Chinese telecommunications firms. It was added to legislation that would tighten oversight of foreign direct investment.
The Republican-controlled House of Representatives is weighing several possible changes to a defense-policy bill that would also keep up the pressure on ZTE. One proposal would block the sale of ZTE products and those of another Chinese company, Huawei Technologies, until national security officials certify they are safe.
Another proposal would require the director of national intelligence to consider the security implications of any changes to the ZTE ban, while a third would require reports on quid pro quo offers between the U.S. and Chinese governments over any possible plan.
(This version of the story corrects first paragraph to show lawmakers vowed to keep sanctions, not block them.)
Additional reporting by Susan Heavey, Doina Chiacu and David Lawder; Writing by Andy Sullivan; Editing by Chris Sanders and Paul Simao
SAN FRANCISCO (Reuters) – Uber Technologies Inc directors on Tuesday voted to allow Japan’s SoftBank Group to invest in the ride services company and approved a series of governance changes that increases the independence of the board and decreases the influence of former Chief Executive Officer Travis Kalanick.
The company is seeking to shore up its reputation after a series of scandals and to move beyond a battle between Kalanick and Uber investors spearheaded by Silicon Valley’s Benchmark Capital.
The company in a statement said the board had agreed to move forward with the SoftBank (9984.T) deal in coming weeks and governance changes at Uber “that would strengthen its independence and ensure equality among all shareholders.”
One person familiar with the matter said that a group of investors including SoftBank, Dragoneer Investment Group and General Atlantic would be allowed to buy $ 1 billion to $ 1.25 billion of new Uber shares at a company valuation of $ 69 billion and 14 to 17 percent of stock from current investors at a discounted valuation.
The person and a second source said governance changes include expanding the size of the board to 17 directors from 11. The board would include three independent directors, an independent chairperson and two seats controlled by SoftBank once its investment closes.
Shareholders will now have one vote per share, ending a class of supervoting shares in a move that substantially decreases the power of Kalanick and some other early investors.
Reporting By Paresh Dave and Liana Baker in San Francisco, Costas Pitas in London; editing by Peter Henderson and Cynthia Osterman
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