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Today — 18 May 2024Main stream

North Korea IT Worker Scam Brings Malware and Funds Nukes – Source: securityboulevard.com

north-korea-it-worker-scam-brings-malware-and-funds-nukes-–-source:-securityboulevard.com

Source: securityboulevard.com – Author: Richi Jennings Pictured: Several successful American IT professionals. The U.S. Justice Department says N. Korean hackers are getting remote IT jobs, posing as Americans. They’re funneling their pay into Pyongyang’s nuclear weapons program and likely leaving behind remote-access Trojans. Two have been arrested so far, with more suspects sought. In today’s SB Blogwatch, […]

La entrada North Korea IT Worker Scam Brings Malware and Funds Nukes – Source: securityboulevard.com se publicó primero en CISO2CISO.COM & CYBER SECURITY GROUP.

‘Once you take choice away, there’s nothing left’: assisted dying edges closer in Jersey, but can they protect against a ‘duty to die’?

18 May 2024 at 06:00

Hospice patient Lynne Cottignies welcomes proposals to make it legal to help eligible people end their lives. Many others have serious concerns

Lynne Cottignies has been planning her funeral. A wicker coffin and a church service with Ave Maria and All Things Bright and Beautiful, followed by a wake at the Royal Jersey golf club where she was lady captain a few years ago. Later, close friends and family will scatter her ashes on a beach near her Jersey home, a spot where they have enjoyed happy sunset barbecues.

Between now and then, Cottignies, 71, faces the prospect of increasing and potentially unbearable pain as the cancer that started in her breast spreads. “I’ve had a lot of different chemo treatments, and just about every side-effect possible. But now time’s up. I’m too weak for anything else.”

Continue reading...

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© Photograph: David Ferguson/The Guardian

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© Photograph: David Ferguson/The Guardian

Yesterday — 17 May 2024Main stream
Before yesterdayMain stream

The Last of New York City's Original Artist Lofts

16 May 2024 at 17:56
Joshua Charow is a documentary filmmaker and photographer based in NYC. He spent the past couple years ringing doorbells to find and interview over 30 artists who are living under the protection of the Loft Law to create his first photography book, 'Loft Law. The Last of New York City's Original Artist Lofts'.

Envied by artists and apartment hunters alike for their wide windows and open floor plans, New York City's lofts were once manufacturing centers in the late 19th and early 20th century. As urban densification pushed industry into the suburbs, these buildings were left empty. Looking for cheap rents and ideal studios, artists struck bargains with landlords to live and work in commercially zoned spaces. By the 1970s, these same artists faced eviction as their landlords embraced the new wealthy clientele that seeped into neighborhoods such as SoHo, Tribeca and the Bowery. Enacted in 1982, Article 7-C of the Multiple Dwelling Law, better known as the "Loft Law," allowed artists to obtain legal occupancy and rent stabilization. After discovering a map of the protected buildings, documentary filmmaker Joshua Charow embarked on the ambitious project of documenting them. The upcoming exhibition of his photographs will be at the Westwood Gallery in the Bowery district of NYC from May 17 (tomorrow!) to June 29. The exhibition will include photographs from the project alongside 20 physical works by the artists. His book can be ordered here (currently backordered). Charow has posted additional short interview videos (8 minute-ish) of some of the artists in their studios on YouTube. Painter Carmen Cicero, 96, who's worked in his Bowery loft since 1971. "If you were to look out the window at night, it would be so deserted that there wasn't traffic." Multi-discipline artist Claire Ferguson moved into her raw Tribeca loft in 1974. Her upcoming show Collage Art is June 14-16 at Studio 606. "One thing, it was a lot of women. There were three women on this floor, two women on the 6th floor." Sculptor Curtis Mitchell found his raw unheated space in 1984, the top floor of an old ice cream factory in Brooklyn. "The police would use the parapet wall for target practice unbeknowst to us." Not sure if she's specifically part of the series but 93-year-old abstract painter Dorothea Rockburne in her loft. "No paint, no life"

FBI/CISA Warning: ‘Black Basta’ Ransomware Gang vs. Ascension Health

13 May 2024 at 13:08
Closeup photo of street go and stop signage displaying Stop

Будет! Russian ransomware rascals riled a Roman Catholic healthcare organization.

The post FBI/CISA Warning: ‘Black Basta’ Ransomware Gang vs. Ascension Health appeared first on Security Boulevard.

Elon Musk’s X can’t invent its own copyright law, judge says

10 May 2024 at 17:20
Elon Musk’s X can’t invent its own copyright law, judge says

Enlarge (credit: Apu Gomes / Stringer | Getty Images News)

US District Judge William Alsup has dismissed Elon Musk's X Corp lawsuit against Bright Data, a data-scraping company accused of improperly accessing X (formerly Twitter) systems and violating both X terms and state laws when scraping and selling data.

X sued Bright Data to stop the company from scraping and selling X data to academic institutes and businesses, including Fortune 500 companies.

According to Alsup, X failed to state a claim while arguing that companies like Bright Data should have to pay X to access public data posted by X users.

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Crypto Mixer Money Laundering: Samourai Founders Arrested

9 May 2024 at 03:00

The recent crackdown on the crypto mixer money laundering, Samourai, has unveiled a sophisticated operation allegedly involved in facilitating illegal transactions and laundering criminal proceeds. The cryptocurrency community was shocked by the sudden Samourai Wallet shutdown. The U.S Department of Justice (DoJ) revealed the arrest of two co-founders, shedding light on the intricacies of their […]

The post Crypto Mixer Money Laundering: Samourai Founders Arrested appeared first on TuxCare.

The post Crypto Mixer Money Laundering: Samourai Founders Arrested appeared first on Security Boulevard.

Singapore Amends Cybersecurity Law to Better Protect Critical Infrastructure

Singapore Amends Cybersecurity Law, Cybersecurity Law

The Singaporean parliament approved an amendment to the Cybersecurity Law on Tuesday that aimed at fortifying the defenses of the nation's evolving critical infrastructure and adapting to technological advancements. The amendments to the Cybersecurity Law mandate that owners of critical information infrastructure (CII) report a broader spectrum of incidents, encompassing those occurring within their supply chains. Senior Minister of State for Communications and Information Janil Puthucheary said it was imperative to address the evolving tactics of malicious cyber actors, stressing the need to extend vigilance to peripheral systems and supply chains.

What the Latest Cybersecurity Law Amendment Mean

The new legislation empowers authorities to regulate Systems of Temporary Cybersecurity Concern (STCC), which are systems at high risk of cyberattacks for a limited period, posing a threat to Singapore's national interests if compromised. The amendment gives the Cyber Security Agency of Singapore (CSA) authority to oversee Entities of Special Cybersecurity Interest (ESCIs), whose disruption could have significant adverse effects on defense, foreign relations, economy, public health, safety, or order. To prevent inadvertently identifying ESCIs as targets, their specific identities will not be publicly disclosed. The proposed law will also add new categories of entities whose digital defenses will be audited by the authorities, including autonomous universities, which may hold sensitive data or perform significant functions. Moreover, CSA can regulate CIIs supporting essential services from overseas if their owners are based in Singapore. Dr. Janil emphasized that the Bill aims to address shifts in the cybersecurity landscape and operational challenges faced by CSA. The evolving cybersecurity landscape, characterized by increased cloud computing usage and digital technology reliance, necessitates updated laws to safeguard essential services.
“When the Act was first written, it was the norm for CII to be physical systems held on premises and entirely owned or controlled by the CII owner. But the advent of cloud services has challenged this model,” Dr. Janil said.
“As the tactics and techniques of malicious actors evolve to target systems at the periphery or along supply chains, we must also start placing our alarms at those places,” he added. The proliferation of digital communication and technology adoption underscores the heightened cyber risks faced by individuals and organizations. Against this backdrop, updating the cybersecurity law is imperative to ensure Singapore's digital resilience and stay ahead of emerging threats. While Members of Parliament voiced concerns about compliance costs and regulatory clarity, Dr. Janil clarified that the Bill targets cybersecurity of critical national systems, rather than imposing broad obligations on the business community. The new law will regulate only the cybersecurity of systems infrastructure and services that are important at a national level because their disruption or compromise could affect Singapore’s survival, security, safety or other national interest, according to Dr. Janil. “This is a known and finite set of systems and entities. Our approach is a targeted and calibrated one, precisely because we recognise that regulation will involve compliance costs,” Dr Janil said.
“Some compliance costs cannot be avoided where regulation is concerned. It's something we are mindful of. We do not seek to regulate without good reason.”
CSA will provide support to regulated entities, engaging with them before designating systems or entities and offering guidance on compliance measures. Appeals processes are in place for designated entities, ensuring transparency and accountability in regulatory decisions. Dr. Janil underscored the significance of decisions to designate entities, emphasizing their potential impact on national security and interests. The government remains committed to a calibrated approach, balancing regulatory requirements with the need to minimize compliance costs and support affected entities.  Media Disclaimer: This report is based on internal and external research obtained through various means. The information provided is for reference purposes only, and users bear full responsibility for their reliance on it. The Cyber Express assumes no liability for the accuracy or consequences of using this information.

Judge mulls sanctions over Google’s “shocking” destruction of internal chats

3 May 2024 at 19:17
Kenneth Dintzer, litigator for the US Department of Justice, exits federal court in Washington, DC, on September 20, 2023, during the antitrust trial to determine if Alphabet Inc.'s Google maintains a monopoly in the online search business.

Enlarge / Kenneth Dintzer, litigator for the US Department of Justice, exits federal court in Washington, DC, on September 20, 2023, during the antitrust trial to determine if Alphabet Inc.'s Google maintains a monopoly in the online search business. (credit: Bloomberg / Contributor | Bloomberg)

Near the end of the second day of closing arguments in the Google monopoly trial, US district judge Amit Mehta weighed whether sanctions were warranted over what the US Department of Justice described as Google's "routine, regular, and normal destruction" of evidence.

Google was accused of enacting a policy instructing employees to turn chat history off by default when discussing sensitive topics, including Google's revenue-sharing and mobile application distribution agreements. These agreements, the DOJ and state attorneys general argued, work to maintain Google's monopoly over search.

According to the DOJ, Google destroyed potentially hundreds of thousands of chat sessions not just during their investigation but also during litigation. Google only stopped the practice after the DOJ discovered the policy. DOJ's attorney Kenneth Dintzer told Mehta Friday that the DOJ believed the court should "conclude that communicating with history off shows anti-competitive intent to hide information because they knew they were violating antitrust law."

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Dirty Stream Flaw Present in Android Apps with Millions of Downloads

By: Alan J
3 May 2024 at 03:29

Dirty Stream Flaw

Researchers have discovered that several popular Android applications in the Google Play Store with millions, even a billion downloads are susceptible to a path traversal-related vulnerability that is being referred to as the 'Dirty Stream Flaw'. In the recently-released report, the Microsoft Threat Intelligence team, stated, "The implications of this vulnerability pattern include arbitrary code execution and token theft, depending on an application's implementation." Successful exploitation of this vulnerability could allow an attacker to take full control of the application's behavior and leverage the stolen tokens to gain unauthorized access to the victim's online accounts and other data.

Xiaomi File Manager and WPS Office Vulnerable to Dirty Stream Flaw

The bug stems from the Android FileProvider class, a subclass of the ContentProvider class which is used to facilitate file sharing or picking between different applications while still maintaining secure isolation between each other. A correct implementation would provide a reliably solution for file sharing between applications, while an improper implementation could be exploited to bypass typical read/write restrictions or overwrite critical files within Android. While the researchers identified several applications potentially vulnerable to the attack and representing over 4 billion downloads together, they suspect that the vulnerability may be present in other applications. The Xiaomi Inc.’s File Manager (com.mi. Android.globalFileexplorer) with a billion downloads and WPS Office (WPS Office (cn.wps.moffice_eng) with over 500 million downloads are two prominent examples among the identified applications. The vulnerabilities were reported by the researchers to the Xiaomi, Inc. and WPS Office security teams, who deployed fixes for these apps on February 2024 with Xiaomi published version V1-210593 of it's file manager application and version 17.0.0 of WPS Office. Users are advised to keep their device and installed applications up to date. The researcher stated that their motive behind the publication of the research was to prompt developers and publishers to check if their apps were affected and issue fixes accordingly.

Dirty Stream Flaw Could Permit Overwrite &  Data Exfiltration

If successfully exploited, the vulnerability could permit an attacker to overwrite the target app's configuration file and force it to communicate with an attacker-controlled server, potentially leading to the exfiltration sensitive information and arbitrary command execution. The researchers behind the findings also collaborated with Google to publish an official guidance on Android Developers website, stating appreciation for the partnership with the Google’s Android Application Security. The Android developer guidance issued by Google, urges developers to handle the filename provided by the server application properly while ignoring filenames provided by the server applications rather than internally generated unique filename identifier as the filename, stating that there should be a sanitization check if internally-provided identifiers were not possible. Media Disclaimer: This report is based on internal and external research obtained through various means. The information provided is for reference purposes only, and users bear full responsibility for their reliance on it. The Cyber Express assumes no liability for the accuracy or consequences of using this information.

Apple deal could have been “suicide” for Google, company lawyer says

2 May 2024 at 15:37
John Schmidtlein, partner at Williams & Connolly LLP and lead litigator for Alphabet Inc.'s Google, arrives to federal court in Washington, DC, US, on Monday, Oct. 2, 2023.

Enlarge / John Schmidtlein, partner at Williams & Connolly LLP and lead litigator for Alphabet Inc.'s Google, arrives to federal court in Washington, DC, US, on Monday, Oct. 2, 2023. (credit: Bloomberg / Contributor | Bloomberg)

Halfway through the first day of closing arguments in the Department of Justice's big antitrust trial against Google, US District Judge Amit Mehta posed the question that likely many Google users have pondered over years of DOJ claims that Google's market dominance has harmed users.

"What should Google have done to remain outside the crosshairs of the DOJ?" Mehta asked plaintiffs halfway through the first of two full days of closing arguments.

According to the DOJ and state attorneys general suing, Google has diminished search quality everywhere online, primarily by locking rivals out of default positions on devices and in browsers. By paying billions for default placements that the government has argued allowed Google to hoard traffic and profits, Google allegedly made it nearly impossible for rivals to secure enough traffic to compete, ultimately decreasing competition and innovation in search by limiting the number of viable search engines in the market.

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hear that whistle blow

1 May 2024 at 19:26
Biden administration forgives $6.1 billion in student debt for 317,000 former Art Institute students

The decision covers people who were enrolled at any Art Institute campus from Jan. 1, 2004, to Oct. 16, 2017, a period in which Education Management Corp. (EDMC) owned the chain of schools. Today, the Education Department will begin notifying eligible borrowers, who are not required to take action. The agency said it also will refund payments that former students have made on loans that are earmarked for forgiveness. (CNBC) "The Art Institutes launched in 1970 when the Education Management Corporation purchased the Art Institute of Pittsburgh. The system continued to grow in the ensuing years, largely through additional acquisitions. In 2001, the Art Institutes owned 20 campuses; by 2012, there were 50." (Artnet) After much legal wrangling, the eight remaining schools permanently closed on September 30, 2023. Some 1,700 students were given a week's notice of the closures. "Over the last three years, my Administration has approved nearly $29 billion in debt relief for 1.6 million borrowers whose colleges took advantage of them, closed abruptly, or were covered by related court settlements, compared to just 53,500 borrowers who had ever gotten their debt cancelled through these types of actions before I took office. And in total, we have approved debt cancellation for nearly 4.6 million Americans through various actions." - Whitehouse.gov statement. 2015: EDMC to Pay $95.5 Million to Settle Claims of Illegal Recruiting, Consumer Fraud and Other Violations 2011: U.S. Files Complaint Against Education Management Corp. Alleging False Claims Act Violations 2010: A whistleblower alleged EDMC paid recruiters illegal bonuses to lure students to its schools through fraudulent means, and paid recruiters to falsify job placement data to entice students to choose EDMC colleges. Jason Sobek, the former recruiter for EDMC's South University who filed the lawsuit, also alleged that EDMC deliberately targeted students who were vulnerable and unlikely to succeed in college, including students who were mentally ill or homeless. Sobek claimed that EDMC trained and encouraged its recruiters to prey on these vulnerable students. 2007: The initial qui tam False Claims Act lawsuit against EMDC was filed by whistleblower Lynntoya Washington (formerly an assistant director of admissions at the Art Institute of Pittsburgh Online Division) — who later filed an amended complaint, jointly with Michael T. Mahoney (formerly director of training for director of training for Education Management's online higher education division). Last week, the DOJ announced a new whistleblower initiative, the Criminal Division's Voluntary Self-Disclosures Pilot Program for Individuals, to combat corporate crime:
Sometimes, the best evidence of corporate wrongdoing involves a company insider. Our experience shows that individuals who are involved in criminal conduct and are willing to accept responsibility and cooperate with us are critical sources of information. [...] Under this pilot program, individuals with criminal exposure—not including CEOs, CFOs, high-level foreign officials, domestic officials at any level, or individuals who organized or led the criminal scheme—who come forward and report misconduct that was otherwise unknown to the department will be eligible to receive a non-prosecution agreement (NPA) if they meet certain criteria. NPAs have been a part of the federal criminal system for decades, and prosecutors have long exercised discretion to offer NPAs as an essential tool to get culpable individuals in the door. Our new individual self-disclosure pilot program, which provides clear guidelines and threshold criteria, builds on the department's longstanding practice to advance our fight against complex corporate crime. At bottom, making NPAs available to individuals who come forward to report corporate crime and cooperate allows us to prosecute more culpable individuals and to hold companies to account. Under the new program, culpable individuals will receive an NPA if they (1) voluntarily, (2) truthfully, and (3) completely self-disclose original information regarding misconduct that was unknown to the department in certain high-priority enforcement areas, (4) fully cooperate and are able to provide substantial assistance against those equally or more culpable, and (5) forfeit any ill-gotten gains and compensate victims. The pilot program is designed to provide predictability and certainty by offering a pathway for culpable individuals to receive an NPA for truthful and complete self-disclosure to the department.
A few previouslies on U.S. education debt, for-profit colleges, and student-loan forgiveness.

Supreme Court decides not to block Texas law that age-gates porn websites

1 May 2024 at 12:29
A Texas state flag blowing in the wind.

Enlarge (credit: Getty Images | PA Thompson)

The US Supreme Court yesterday denied a request to block a Texas law that requires age-verification systems on porn websites. The Supreme Court denial leaves in place, at least for now, an appeals court ruling that said Texas can enforce the law.

"The application for stay presented to Justice [Samuel] Alito and by him referred to the Court is denied," the one-sentence order issued yesterday said.

Pornhub disabled its website in Texas after the appeals court ruling in March. Pornhub and other websites owned by the same company have also gone dark in Arkansas, Mississippi, Montana, North Carolina, Utah, and Virginia in protest of similar laws.

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UK Government Law Will Soon Prohibit Passwords Such As “admin” or “12345”

By: Alan J
30 April 2024 at 00:36

UK Government Law

The UK government has taken steps to safeguard consumers from cyberattacks by prohibiting common and easily-guessable passwords such as "admin" or "12345". The UK government law comes into effect on 29 April 2024 and will mandate manufacturers, importers, and distributors of consumer connectable products in the UK to follow the obligations and standards set in the 'UK Product Security and Telecoms Infrastructure (PSTI) Act 2022' as well as the 2023 Regulations under the same act. The law aims at setting minimum security standards that must be followed before consumer devices can be sold in the UK, to protect UK homes.

Uk Government Law Was Passed in 2022; Will Come to Effect this Year

These measures are part of the Product Security and Telecommunications Infrastructure (PSTI) Act passed in 2022 as well as additional laws passed in 2023. These are designed to bolster the UK's resilience against cyber attacks and disruptive interference following growing concerns stemming from a series of incidents and proposed counter-legislation. A NordPass study in 2023 revealed that "123456, password, qwerty, Liverpool..." were among the most used passwords in the UK. The study highlights that default and weak passwords remain a relevant concern even today. Besides passwords, the new legislation also seeks to tackle inherent issues in existing incident reporting procedures and update periods. With regards to reporting, the law mandates manufacturers to provide consumers with details on reporting security issues within products, and timely updates until resolution, while the information should be made available without request and free of charge. The law mandated that such information should be "accessible, clear, and transparent." With regards to updates, the law mandates information on minimum update periods to be published and clearly accessible to the consumer in a transparent manner along with an end date. The updated information is required to be understandable for a reader without prior technical knowledge.

UK Government Law Could Fine Violators £10 Million or Up to £20,000 a Day

According to the law, the Office for Product Safety and Standards (OPSS) would be responsible for enforcing the relevant act operating from 29 April 2024. Manufacturers, vendors, or firms that fail to comply with the regulations could face fines of up to £10 million or four percent of their global turnover, as well as up to £20,000 a day in the case of an ongoing violation. This new UK law comes as the EU Cyber Resilience Act draft makes rounds for legislative discussion with the inclusion of recent amendments. The Act obliges manufacturers and retailers to follow minimum security requirements throughout the product lifecycle. Following the passing of the Cyber Resilience Act expected in Early 2024, internet-connected products and software would be required to receive independent assessments to check if they comply with the new standards. Media Disclaimer: This report is based on internal and external research obtained through various means. The information provided is for reference purposes only, and users bear full responsibility for their reliance on it. The Cyber Express assumes no liability for the accuracy or consequences of using this information.

Avoid Using Unregistered Cryptocurrency Transfer Services, FBI Warned

26 April 2024 at 04:50

unregistered cryptocurrency transfer services

The FBI in a Thursday warning emphasized the financial risks associated with using unregistered cryptocurrency transfer services, especially considering potential law enforcement actions against these platforms. The focus of this public service announcement is on crypto transfer platforms that operate without proper registration as Money Services Businesses (MSB) and fail to comply with anti-money laundering regulations mandated by the U.S. federal law. Such platforms are frequent targets of law enforcement operations, particularly when criminals exploit them for transferring or laundering unlawfully acquired funds, like in the case of ransomware payments. FBI’s PSA, released on its Internet Crime Complaint Center, cautioned Americans that,
Using a service that does not comply with its legal obligations may put you at risk of losing access to funds after law enforcement operations target those businesses.
The FBI said it had recently conducted law enforcement operations against unregistered cryptocurrency transfer services “that purposely break the law or knowingly facilitate illegal transactions.” It added that these services will continue to be investigated by law enforcement.

Steps to Avoid Using Unregistered Cryptocurrency Transfer Services

For individuals considering the use of cryptocurrency transfer services, “a few simple steps can prevent unintentional use of non-compliant services,” the FBI said. The agency advised the following security tips:
  • Checking the registration status as an MSB with the U.S. Treasury Department's Financial Crimes Enforcement Network (FinCEN).
  • Exercising caution with financial services that do not request KYC information (such as name, date of birth, address, and ID) before facilitating money or cryptocurrency transfers.
  • Understanding that the presence of an app in an app store does not necessarily signify its legality or compliance with federal requirements.
  • Refraining from using services that openly advertise themselves for illegal purposes.
  • Exercising vigilance when using cryptocurrency services known to be utilized by criminals for money laundering.

Samourai Wallet’s Unlicensed Money Transmitting Business Busted

The FBI's warning comes in the wake of the recent crackdown on Samourai, an illicit cryptocurrency transfer platform that offered a crypto mixer service facilitating the laundering of funds obtained through criminal activities. The Icelandic law enforcement authorities seized Samourai's domains (samourai[.]io and samouraiwallet[.]com) and web servers. The Google Play Store also removed the Samourai Wallet Android mobile app that was downloaded over 100,000 times, before the seizure was initiated. The U.S. Department of Justice charged Keonne Rodriguez and William Lonergan Hill, the platform's founders and operators, with laundering over $100 million from various criminal enterprises through Samourai's crypto mixing services, accruing approximately $4.5 million in fees. According to the superseding indictment, "Since the start of the Whirlpool service in or about 2019 and of the Ricochet service in or about 2017, over 80,000 BTC (worth over $2 billion applying the BTC-USD conversion rates at the time of each transaction) has passed through these two services operated by Samourai." The DOJ stated, "While offering Samourai as a 'privacy' service, the defendants knew that it was a haven for criminals to engage in large-scale money laundering and sanctions evasion.
“Indeed, as the defendants intended and well knew, a substantial portion of the funds that Samourai processed were criminal proceeds passed through Samourai for purposes of concealment,” the unsealed indictment said.
Media Disclaimer: This report is based on internal and external research obtained through various means. The information provided is for reference purposes only, and users bear full responsibility for their reliance on it. The Cyber Express assumes no liability for the accuracy or consequences of using this information.

How ASML took over the chipmaking chessboard

On a drab Monday morning in San Jose, California, at the drab San Jose Convention Center, attendees of the SPIE Advanced Lithography and Patterning Conference filed into the main ballroom until all the seats were taken and the crowd began to line the walls along the back and sides of the room. The convention brings together people who work in the chip industry from all over the world. And on this cool February morning, they had gathered to hear tech industry luminaries extol the late Gordon Moore, Intel’s cofounder and first CEO. 

Craig Barrett, also a former CEO of Intel, paid tribute, as did the legendary engineer Burn-Jeng Lin, a pioneer of immersion lithography, a patterning technology that enabled the chip industry to continue moving forward about 20 years ago. Mostly the speeches tended toward reflections on Moore himself—testaments to his genius, accomplishments, and humanity. But the last speaker of the morning, Martin van den Brink, took a different tone, more akin to a victory lap than a eulogy. Van den Brink is the outgoing co-president and CTO of ASML, the Dutch company that makes the machines that in turn let manufacturers produce the most advanced computer chips in the world. 

Moore’s Law holds that the number of transistors on an integrated circuit doubles every two years or so. In essence, it means that chipmakers are always trying to shrink the transistors on a microchip in order to pack more of them in. The cadence has been increasingly hard to maintain now that transistor dimensions measure in a few nanometers. In recent years ASML’s machines have kept Moore’s Law from sputtering out. Today, they are the only ones in the world capable of producing circuitry at the density needed to keep chipmakers roughly on track. It is the premise of Moore’s Law itself, van den Brink said, that drives the industry forward, year after year. 

To showcase how big an achievement it had been to maintain Moore’s Law since he joined ASML in 1984, van den Brink referred to the rice and chessboard problem, in which the number of grains of rice—a proxy for transistors—is doubled on each successive square. The exponential growth in the number of transistors that can be crammed on a chip since 1959 means that a single grain of rice back then has now become the equivalent of three ocean tankers, each 240 meters long, full of rice. It’s a lot of rice! Yet Moore’s Law compels the company—compels all of the technology industry—to keep pushing forward. Each era of computing, most recently AI, has brought increased demands, explained van den Brink. In other words, while three tankers full of rice may seem like a lot, tomorrow we’re going to need six. Then 12. Then 24. And so on. 

ASML’s technology, he assured the gathering, would be there to meet the demands, thanks to the company’s investment in creating tools capable of making ever finer features: the extreme-ultraviolet (EUV) lithography machines it rolled out widely in 2017, the high-numerical-aperture (high-NA) EUV machines it is rolling out now, and the hyper-NA EUV machines it has sketched out for the future. 

The tribute may have been designed for Gordon Moore, but at the end of van den Brink’s presentation the entire room rose to give him a standing ovation. Because if Gordon Moore deserves credit for creating the law that drove the progress of the industry, as van den Brink says, van den Brink and ASML deserve much of the credit for ensuring that progress remains possible. 

Yet that also means the pressure is on. ASML has to try and stay ahead of the demands of Moore’s Law. It has to continue making sure chipmakers can keep doubling the amount of rice on the chessboard. Will that be possible? Van den Brink sat down with MIT Technology Review to talk about ASML’s history, its legacy, and what comes next. 

Betting big on an unwieldy wavelength

ASML is such an undisputed leader in today’s chip ecosystem that it’s hard to believe the company’s market dominance really only dates back to 2017, when its EUV machine, after 17 years of development, upended the conventional process for making chips. 

Since the 1960s, photolithography has made it possible to pack computer chips with more and more components. The process involves crafting small circuits by guiding beams of light through a series of mirrors and lenses and then shining that light on a mask, which contains a pattern. Light conveys the chip design, layer by layer, eventually building circuits that form the computational building blocks of everything from smartphones to artificial intelligence. 

Martin Van Den Brink
ASML

Photolithographers have a limited set of tools at their disposal to make smaller designs, and for decades, the type of light used in the machine was the most critical. In the 1960s, machines used beams of visible light. The smallest features this light could draw on the chip were fairly large—a bit like using a marker to draw a portrait. 

Then manufacturers began using smaller and smaller wavelengths of light, and by the early 1980s, they could make chips with ultraviolet light. Nikon and Canon were the industry leaders. ASML, founded in 1984 as a subsidiary of Philips in Eindhoven, the Netherlands, was just a small player.

The way van den Brink tells it, he arrived at the company almost by accident. Philips was one of a few technology companies in Holland. When he began his career there in 1984 and was looking into the various opportunities at the company, he became intrigued by a photo of a lithography machine.

“I looked at the picture and I said, ‘It has mechanics, it has optics, it has software—this looks like a complex machine. I will be interested in that,” van den Brink told MIT Technology Review. “They said, well, you can do it, but the company will not be part of Philips. We are creating a joint venture with ASM International, and after the joint venture, you will not be part of Philips. I said yes because I couldn’t care less. And that’s how it began.”

When van den Brink joined in the 1980s, little about ASML made the company stand out from other major lithography players at the time. “We didn’t sell a substantial amount of systems until the ’90s. And we almost went bankrupt several times in that period,” van den Brink says. “So for us there was only one mission: to survive and show a customer that we could make a difference.”

By 1995, it had a strong enough foothold in the industry against competitors Nikon and Canon to go public. But all lithography makers were fighting the same battle to create smaller components on chips. 

If you could have eavesdropped on a meeting at ASML in the late 1990s about this predicament, you might have heard chatter about an idea called extreme-ultraviolet (EUV) lithography—along with concerns that it might never work). By that point, with pressure to condense chips beyond current capabilities, it seemed as if everyone was chasing EUV. The idea was to pattern chips with an even smaller wavelength of light (ultimately just 13.5 nanometers). To do so, ASML would have to figure out how to create, capture, and focus this light—processes that had stumped researchers for decades—and build a supply chain of specialized materials, including the smoothest mirrors ever produced. And to make sure the price point wouldn’t drive away its customers. 

Canon and Nikon were also pursuing EUV, but the US government denied them a license to participate in the consortium of companies and US national labs researching it. Both subsequently dropped out. Meanwhile ASML acquired the fourth major company pursuing EUV, SVG, in 2001. By 2006 it had shipped only two EUV prototype machines to research facilities, and it took until 2010 to ship one to a customer. Five years later, ASML warned in its annual report that EUV sales remained low, that customers weren’t eager to adopt the technology given its slow speed on the production line, and that if the pattern continued, it could have “material” effects on the business given the significant investment. 

Yet in 2017, after an investment of $6.5 billion in R&D over 17 years, ASML’s bet began to pay off. That year the company shipped 10 of its EUV machines, which cost over $100 million each, and announced that dozens more were on backorder. EUV machines went to the titans of semiconductor manufacturing—Intel, Samsung, and Taiwan Semiconductor Manufacturing Company (TSMC)—and a small number of others. With a brighter light source (meaning less time needed to impart patterns), among other improvements, the machines were capable of faster production speeds. The leap to EUV finally made economic sense to chipmakers, putting ASML essentially in a monopoly position.

Chris Miller, a history professor at Tufts University and author of Chip War: The Fight for the World’s Most Critical Technology, says that ASML was culturally equipped to see those experiments through. “It’s a stubborn willingness to invest in technology that most people thought wouldn’t work,” he told MIT Technology Review. “No one else was betting on EUV, because the development process was so long and expensive. It involves stretching the limits of physics, engineering, and chemistry.”

A key factor in ASML’s growth was its control of the supply chain. ASML acquired number of the companies it relies on, like Cymer, a maker of light sources. That strategy of pointedly controlling power in the supply chain extended to ASML’s customers, too. In 2012, it offered shares to its three biggest customers, which were able to maintain market dominance of their own in part because of the elite manufacturing power of ASML’s machines. 

“Our success depends on their success,” van den Brink told MIT Technology Review

It’s also a testament to ASML’s dominance that it is for the most part no longer allowed to sell its most advanced systems to customers in China. Though ASML still does business in China, in 2019, following pressure from the Trump administration, the Dutch government began imposing restrictions on ASML’s exports of EUV machines to China. Those rules were tightened further just last year and now also impose limits on some of the company’s deep-ultraviolet (DUV) machines, which are used to make less highly advanced chips than EUV systems.

Van den Brink says the way world leaders are now discussing lithography was unimaginable when the company began: “Our prime minister was sitting in front of Xi Jinping, not because he was from Holland—who would give a shit about Holland. He was there because we are making EUV.”

Just a few years after the first EUV machines shipped, ASML would face its second upheaval. Around the start of the pandemic, interest and progress in the field of artificial intelligence sent demand for computing power skyrocketing. Companies like OpenAI needed ever more powerful computer chips and by late 2022 the frenzy and investment in AI began to boil over. 

By that time, ASML was closing in on its newest innovation. Having already adopted a smaller wavelength of light (and realigned the entire semiconductor industry to it in the process), it now turned its attention to the other lever in its control: numerical aperture. That’s the measure of how much light a system can focus, and if ASML could increase it, the company’s machines could print even smaller components.

Doing so meant myriad changes. ASML had to source an even larger set of mirrors from its supplier Carl Zeiss, which had to be made ultra-smooth. Zeiss had to build entirely new machines, the sole purpose of which was to measure the smoothness of mirrors destined for ASML. The aim was to reduce the number of costly repercussions the change would have on the rest of the supply chain, like the companies that make reticles containing the designs of the chips. 

In December of 2023, ASML began shipping the first of its next-generation EUV device, a high-NA machine, to Intel’s facility in Hillsboro, Oregon. It’s an R&D version, and so far the only one in the field. It took seven planes and 50 trucks to get it to Intel’s plant, and installation of the machine, which is larger than a double-decker bus, will take six months. 

The high-NA machines will only be needed to produce the most precise layers of advanced chips for the industry; the designs on many others will still be printed using the previous generation of EUV machines or older DUV machines. 

ASML has received orders for high-NA machines from all its current EUV customers. They don’t come cheap: reports put the cost at $380 million. Intel was the first customer to strike, ordering the first machine available in early 2022. The company, which has lost significant market share to competitor TSMC, is betting that the new technology will give it a new foothold in the industry, even though other chipmakers will eventually have access to it too. 

“There are obvious benefits to Intel for being the first,” Miller says. “There are also obvious risks.” Sorting out which chips to use these machines for and how to get its money’s worth out of them will be a challenge for the company, according to Miller. 

The launch of these machines, if successful, might be seen as the crowning achievement of van den Brink’s career. But he is already moving on to what comes next.

The future

The next big idea for ASML, according to van den Brink and other company executives who spoke with MIT Technology Review, is hyper-NA technology. The company’s high-NA machines have a numerical aperture of .55. Hyper-NA tools would have a numerical aperture higher than 0.7. What that ultimately means is that hyper NA, if successful, will allow the company to create machines that let manufacturers shrink transistor dimensions even more—assuming that researchers can devise chip components that work well at such small dimensions. As it was with EUV in the early 2000s, it is still uncertain whether hyper NA is feasible—if nothing else, it could be cost prohibitive. Yet van den Brink projects cautious confidence. It is likely, he says, that the company will ultimately have three offerings available: low NA, high NA, and—if all goes well—hyper NA. 

“Hyper NA is a bit more risky,” says van den Brink. “We will be more cautious and more cost sensitive in the future. But if we can pull this off, we have a winning trio which takes care of all the advanced manufacturing for the foreseeable future.”

Yet although today everyone is banking on ASML to keep pushing the industry forward, there is speculation that a competitor could emerge from China. Van den Brink was dismissive of this possibility, citing the gap in even last-generation lithography. 

SMEE are making DUV machines, or at least claim they can,” he told MIT Technology Review, referring to a company that makes the predecessor to EUV lithography technology, and pointed out that ASML still has the dominant market share. The political pressures could mean more progress for China. But getting to the level of complexity involved in ASML’s suite of machines, with low, high, and hyper NA is another matter, he says: “I feel quite comfortable that this will be a long time before they can copy that.”

Miller, from Tufts University, is confident that Chinese companies will eventually develop these sorts of technologies on their own, but agrees that the question is when. “If it’s in a decade, it will be too late,” he says. 

The real question, perhaps, is not who will make the machines, but whether Moore’s Law will hold at all. Nvidia CEO Jensen Huang has already declared it dead. But when asked what he thought might eventually cause Moore’s Law to finally stall out, van den Brink rejected the premise entirely. 

“There’s no reason to believe this will stop. You won’t get the answer from me where it will end,” he said. “It will end when we’re running out of ideas where the value we create with all this will not balance with the cost it will take. Then it will end. And not by the lack of ideas.”

He had struck a similar posture during his Moore tribute at the SPIE conference, exuding confidence. “I’m not sure who will give the presentation 10 years from now,” he said, going back to his rice analogy. “But my successors,” he claimed, “will still have the opportunity to fill the chessboard.”

This story was updated to clarify information about ASML’s operations in China.

A Close Up Look at the Consumer Data Broker Radaris

8 March 2024 at 08:02

If you live in the United States, the data broker Radaris likely knows a great deal about you, and they are happy to sell what they know to anyone. But how much do we know about Radaris? Publicly available data indicates that in addition to running a dizzying array of people-search websites, the co-founders of Radaris operate multiple Russian-language dating services and affiliate programs. It also appears many of their businesses have ties to a California marketing firm that works with a Russian state-run media conglomerate currently sanctioned by the U.S. government.

Formed in 2009, Radaris is a vast people-search network for finding data on individuals, properties, phone numbers, businesses and addresses. Search for any American’s name in Google and the chances are excellent that a listing for them at Radaris.com will show up prominently in the results.

Radaris reports typically bundle a substantial amount of data scraped from public and court documents, including any current or previous addresses and phone numbers, known email addresses and registered domain names. The reports also list address and phone records for the target’s known relatives and associates. Such information could be useful if you were trying to determine the maiden name of someone’s mother, or successfully answer a range of other knowledge-based authentication questions.

Currently, consumer reports advertised for sale at Radaris.com are being fulfilled by a different people-search company called TruthFinder. But Radaris also operates a number of other people-search properties — like Centeda.com — that sell consumer reports directly and behave almost identically to TruthFinder: That is, reel the visitor in with promises of detailed background reports on people, and then charge a $34.99 monthly subscription fee just to view the results.

The Better Business Bureau (BBB) assigns Radaris a rating of “F” for consistently ignoring consumers seeking to have their information removed from Radaris’ various online properties. Of the 159 complaints detailed there in the last year, several were from people who had used third-party identity protection services to have their information removed from Radaris, only to receive a notice a few months later that their Radaris record had been restored.

What’s more, Radaris’ automated process for requesting the removal of your information requires signing up for an account, potentially providing more information about yourself that the company didn’t already have (see screenshot above).

Radaris has not responded to requests for comment.

Radaris, TruthFinder and others like them all force users to agree that their reports will not be used to evaluate someone’s eligibility for credit, or a new apartment or job. This language is so prominent in people-search reports because selling reports for those purposes would classify these firms as consumer reporting agencies (CRAs) and expose them to regulations under the Fair Credit Reporting Act (FCRA).

These data brokers do not want to be treated as CRAs, and for this reason their people search reports typically do not include detailed credit histories, financial information, or full Social Security Numbers (Radaris reports include the first six digits of one’s SSN).

But in September 2023, the U.S. Federal Trade Commission found that TruthFinder and another people-search service Instant Checkmate were trying to have it both ways. The FTC levied a $5.8 million penalty against the companies for allegedly acting as CRAs because they assembled and compiled information on consumers into background reports that were marketed and sold for employment and tenant screening purposes.

An excerpt from the FTC’s complaint against TruthFinder and Instant Checkmate.

The FTC also found TruthFinder and Instant Checkmate deceived users about background report accuracy. The FTC alleges these companies made millions from their monthly subscriptions using push notifications and marketing emails that claimed that the subject of a background report had a criminal or arrest record, when the record was merely a traffic ticket.

“All the while, the companies touted the accuracy of their reports in online ads and other promotional materials, claiming that their reports contain “the MOST ACCURATE information available to the public,” the FTC noted. The FTC says, however, that all the information used in their background reports is obtained from third parties that expressly disclaim that the information is accurate, and that TruthFinder and Instant Checkmate take no steps to verify the accuracy of the information.

The FTC said both companies deceived customers by providing “Remove” and “Flag as Inaccurate” buttons that did not work as advertised. Rather, the “Remove” button removed the disputed information only from the report as displayed to that customer; however, the same item of information remained visible to other customers who searched for the same person.

The FTC also said that when a customer flagged an item in the background report as inaccurate, the companies never took any steps to investigate those claims, to modify the reports, or to flag to other customers that the information had been disputed.

WHO IS RADARIS?

According to Radaris’ profile at the investor website Pitchbook.com, the company’s founder and “co-chief executive officer” is a Massachusetts resident named Gary Norden, also known as Gary Nard.

An analysis of email addresses known to have been used by Mr. Norden shows he is a native Russian man whose real name is Igor Lybarsky (also spelled Lubarsky). Igor’s brother Dmitry, who goes by “Dan,” appears to be the other co-CEO of Radaris. Dmitry Lybarsky’s Facebook/Meta account says he was born in March 1963.

The Lybarsky brothers Dmitry or “Dan” (left) and Igor a.k.a. “Gary,” in an undated photo.

Indirectly or directly, the Lybarskys own multiple properties in both Sherborn and Wellesley, Mass. However, the Radaris website is operated by an offshore entity called Bitseller Expert Ltd, which is incorporated in Cyprus. Neither Lybarsky brother responded to requests for comment.

A review of the domain names registered by Gary Norden shows that beginning in the early 2000s, he and Dan built an e-commerce empire by marketing prepaid calling cards and VOIP services to Russian expatriates who are living in the United States and seeking an affordable way to stay in touch with loved ones back home.

A Sherborn, Mass. property owned by Barsky Real Estate Trust and Dmitry Lybarsky.

In 2012, the main company in charge of providing those calling services — Wellesley Hills, Mass-based Unipoint Technology Inc. — was fined $179,000 by the U.S. Federal Communications Commission, which said Unipoint never applied for a license to provide international telecommunications services.

DomainTools.com shows the email address gnard@unipointtech.com is tied to 137 domains, including radaris.com. DomainTools also shows that the email addresses used by Gary Norden for more than two decades — epop@comby.com, gary@barksy.com and gary1@eprofit.com, among others — appear in WHOIS registration records for an entire fleet of people-search websites, including: centeda.com, virtory.com, clubset.com, kworld.com, newenglandfacts.com, and pub360.com.

Still more people-search platforms tied to Gary Norden– like publicreports.com and arrestfacts.com — currently funnel interested customers to third-party search companies, such as TruthFinder and PersonTrust.com.

The email addresses used by Gary Nard/Gary Norden are also connected to a slew of data broker websites that sell reports on businesses, real estate holdings, and professionals, including bizstanding.com, homemetry.com, trustoria.com, homeflock.com, rehold.com, difive.com and projectlab.com.

AFFILIATE & ADULT

Domain records indicate that Gary and Dan for many years operated a now-defunct pay-per-click affiliate advertising network called affiliate.ru. That entity used domain name servers tied to the aforementioned domains comby.com and eprofit.com, as did radaris.ru.

A machine-translated version of Affiliate.ru, a Russian-language site that advertised hundreds of money making affiliate programs, including the Comfi.com prepaid calling card affiliate.

Comby.com used to be a Russian language social media network that looked a great deal like Facebook. The domain now forwards visitors to Privet.ru (“hello” in Russian), a dating site that claims to have 5 million users. Privet.ru says it belongs to a company called Dating Factory, which lists offices in Switzerland. Privet.ru uses the Gary Norden domain eprofit.com for its domain name servers.

Dating Factory’s website says it sells “powerful dating technology” to help customers create unique or niche dating websites. A review of the sample images available on the Dating Factory homepage suggests the term “dating” in this context refers to adult websites. Dating Factory also operates a community called FacebookOfSex, as well as the domain analslappers.com.

RUSSIAN AMERICA

Email addresses for the Comby and Eprofit domains indicate Gary Norden operates an entity in Wellesley Hills, Mass. called RussianAmerican Holding Inc. (russianamerica.com). This organization is listed as the owner of the domain newyork.ru, which is a site dedicated to orienting newcomers from Russia to the Big Apple.

Newyork.ru’s terms of service refer to an international calling card company called ComFi Inc. (comfi.com) and list an address as PO Box 81362 Wellesley Hills, Ma. Other sites that include this address are russianamerica.com, russianboston.com, russianchicago.com, russianla.com, russiansanfran.com, russianmiami.com, russiancleveland.com and russianseattle.com (currently offline).

ComFi is tied to Comfibook.com, which was a search aggregator website that collected and published data from many online and offline sources, including phone directories, social networks, online photo albums, and public records.

The current website for russianamerica.com. Note the ad in the bottom left corner of this image for Channel One, a Russian state-owned media firm that is currently sanctioned by the U.S. government.

AMERICAN RUSSIAN MEDIA

Many of the U.S. city-specific online properties apparently tied to Gary Norden include phone numbers on their contact pages for a pair of Russian media and advertising firms based in southern California. The phone number 323-874-8211 appears on the websites russianla.com, russiasanfran.com, and rosconcert.com, which sells tickets to theater events performed in Russian.

Historic domain registration records from DomainTools show rosconcert.com was registered in 2003 to Unipoint Technologies — the same company fined by the FCC for not having a license. Rosconcert.com also lists the phone number 818-377-2101.

A phone number just a few digits away — 323-874-8205 — appears as a point of contact on newyork.ru, russianmiami.com, russiancleveland.com, and russianchicago.com. A search in Google shows this 82xx number range — and the 818-377-2101 number — belong to two different entities at the same UPS Store mailbox in Tarzana, Calif: American Russian Media Inc. (armediacorp.com), and Lamedia.biz.

Armediacorp.com is the home of FACT Magazine, a glossy Russian-language publication put out jointly by the American-Russian Business Council, the Hollywood Chamber of Commerce, and the West Hollywood Chamber of Commerce.

Lamedia.biz says it is an international media organization with more than 25 years of experience within the Russian-speaking community on the West Coast. The site advertises FACT Magazine and the Russian state-owned media outlet Channel One. Clicking the Channel One link on the homepage shows Lamedia.biz offers to submit advertising spots that can be shown to Channel One viewers. The price for a basic ad is listed at $500.

In May 2022, the U.S. government levied financial sanctions against Channel One that bar US companies or citizens from doing business with the company.

The website of lamedia.biz offers to sell advertising on two Russian state-owned media firms currently sanctioned by the U.S. government.

LEGAL ACTIONS AGAINST RADARIS

In 2014, a group of people sued Radaris in a class-action lawsuit claiming the company’s practices violated the Fair Credit Reporting Act. Court records indicate the defendants never showed up in court to dispute the claims, and as a result the judge eventually awarded the plaintiffs a default judgement and ordered the company to pay $7.5 million.

But the plaintiffs in that civil case had a difficult time collecting on the court’s ruling. In response, the court ordered the radaris.com domain name (~9.4M monthly visitors) to be handed over to the plaintiffs.

However, in 2018 Radaris was able to reclaim their domain on a technicality. Attorneys for the company argued that their clients were never named as defendants in the original lawsuit, and so their domain could not legally be taken away from them in a civil judgment.

“Because our clients were never named as parties to the litigation, and were never served in the litigation, the taking of their property without due process is a violation of their rights,” Radaris’ attorneys argued.

In October 2023, an Illinois resident filed a class-action lawsuit against Radaris for allegedly using people’s names for commercial purposes, in violation of the Illinois Right of Publicity Act.

On Feb. 8, 2024, a company called Atlas Data Privacy Corp. sued Radaris LLC for allegedly violating “Daniel’s Law,” a statute that allows New Jersey law enforcement, government personnel, judges and their families to have their information completely removed from people-search services and commercial data brokers. Atlas has filed at least 140 similar Daniel’s Law complaints against data brokers recently.

Daniel’s Law was enacted in response to the death of 20-year-old Daniel Anderl, who was killed in a violent attack targeting a federal judge (his mother). In July 2020, a disgruntled attorney who had appeared before U.S. District Judge Esther Salas disguised himself as a Fedex driver, went to her home and shot and killed her son (the judge was unharmed and the assailant killed himself).

Earlier this month, The Record reported on Atlas Data Privacy’s lawsuit against LexisNexis Risk Data Management, in which the plaintiffs representing thousands of law enforcement personnel in New Jersey alleged that after they asked for their information to remain private, the data broker retaliated against them by freezing their credit and falsely reporting them as identity theft victims.

Another data broker sued by Atlas Data Privacy — pogodata.com — announced on Mar. 1 that it was likely shutting down because of the lawsuit.

“The matter is far from resolved but your response motivates us to try to bring back most of the names while preserving redaction of the 17,000 or so clients of the redaction company,” the company wrote. “While little consolation, we are not alone in the suit – the privacy company sued 140 property-data sites at the same time as PogoData.”

Atlas says their goal is convince more states to pass similar laws, and to extend those protections to other groups such as teachers, healthcare personnel and social workers. Meanwhile, media law experts say they’re concerned that enacting Daniel’s Law in other states would limit the ability of journalists to hold public officials accountable, and allow authorities to pursue criminals charges against media outlets that publish the same type of public and governments records that fuel the people-search industry.

PEOPLE-SEARCH CARVE-OUTS

There are some pending changes to the US legal and regulatory landscape that could soon reshape large swaths of the data broker industry. But experts say it is unlikely that any of these changes will affect people-search companies like Radaris.

On Feb. 28, 2024, the White House issued an executive order that directs the U.S. Department of Justice (DOJ) to create regulations that would prevent data brokers from selling or transferring abroad certain data types deemed too sensitive, including genomic and biometric data, geolocation and financial data, as well as other as-yet unspecified personal identifiers. The DOJ this week published a list of more than 100 questions it is seeking answers to regarding the data broker industry.

In August 2023, the Consumer Financial Protection Bureau (CFPB) announced it was undertaking new rulemaking related to data brokers.

Justin Sherman, an adjunct professor at Duke University, said neither the CFPB nor White House rulemaking will likely address people-search brokers because these companies typically get their information by scouring federal, state and local government records. Those government files include voting registries, property filings, marriage certificates, motor vehicle records, criminal records, court documents, death records, professional licenses, bankruptcy filings, and more.

“These dossiers contain everything from individuals’ names, addresses, and family information to data about finances, criminal justice system history, and home and vehicle purchases,” Sherman wrote in an October 2023 article for Lawfare. “People search websites’ business pitch boils down to the fact that they have done the work of compiling data, digitizing it, and linking it to specific people so that it can be searched online.”

Sherman said while there are ongoing debates about whether people search data brokers have legal responsibilities to the people about whom they gather and sell data, the sources of this information — public records — are completely carved out from every single state consumer privacy law.

“Consumer privacy laws in California, Colorado, Connecticut, Delaware, Indiana, Iowa, Montana, Oregon, Tennessee, Texas, Utah, and Virginia all contain highly similar or completely identical carve-outs for ‘publicly available information’ or government records,” Sherman wrote. “Tennessee’s consumer data privacy law, for example, stipulates that “personal information,” a cornerstone of the legislation, does not include ‘publicly available information,’ defined as:

“…information that is lawfully made available through federal, state, or local government records, or information that a business has a reasonable basis to believe is lawfully made available to the general public through widely distributed media, by the consumer, or by a person to whom the consumer has disclosed the information, unless the consumer has restricted the information to a specific audience.”

Sherman said this is the same language as the carve-out in the California privacy regime, which is often held up as the national leader in state privacy regulations. He said with a limited set of exceptions for survivors of stalking and domestic violence, even under California’s newly passed Delete Act — which creates a centralized mechanism for consumers to ask some third-party data brokers to delete their information — consumers across the board cannot exercise these rights when it comes to data scraped from property filings, marriage certificates, and public court documents, for example.

“With some very narrow exceptions, it’s either extremely difficult or impossible to compel these companies to remove your information from their sites,” Sherman told KrebsOnSecurity. “Even in states like California, every single consumer privacy law in the country completely exempts publicly available information.”

Below is a mind map that helped KrebsOnSecurity track relationships between and among the various organizations named in the story above:

A mind map of various entities apparently tied to Radaris and the company’s co-founders. Click to enlarge.

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