Markos Moulitsas is the poll-watching founder of the political blog Daily Kos. Thursday he wrote that in 2021, future third-party presidential candidate RFK Jr. had sued their web site.

"Things are not going well for him." Back in 2021, Robert F. Kennedy Jr. sued Daily Kos to unmask the identity of a community member who posted a critical story about his dalliance with neo-Nazis at a Berlin rally. I updated the story here, here, here, here, and here.

To briefly summarize, Kennedy wanted us to doxx our community member, and we stridently refused.
The site and the politician then continued fighting for more than three years. "Daily Kos lost the first legal round in court," Moulitsas posted in 2021, "thanks to a judge who is apparently unconcerned with First Amendment ramifications given the chilling effect of her ruling."

But even then, Moulitsas was clear on his rights: Because of Section 230 of the Communications Decency Act, [Kennedy] cannot sue Daily Kos — the site itself — for defamation. We are protected by the so-called safe harbor. That's why he's demanding we reveal what we know about "DowneastDem" so they can sue her or him directly.
Moulitsas also stressed that his own 2021 blog post was "reiterating everything that community member wrote, and expanding on it. And so instead of going after a pseudonymous community writer/diarist on this site, maybe Kennedy will drop that pointless lawsuit and go after me... consider this an escalation." (Among other things, the post cited a German-language news account saying Kennedy "sounded the alarm concerning the 5G mobile network and Microsoft founder Bill Gates..." Moulitsas also noted an Irish Times article which confirmed that at the rally Kennedy spoke at, "Noticeable numbers of neo-Nazis, kitted out with historic Reich flags and other extremist accessories, mixed in with the crowd.")

So what happened? Moulitsas posted an update Thursday: Shockingly, Kennedy got a trial court judge in New York to agree with him, and a subpoena was issued to Daily Kos to turn over any information we might have on the account. However, we are based in California, not New York, so once I received the subpoena at home, we had a California court not just quash the subpoena, but essentially signal that if New York didn't do the right thing on appeal, California could very well take care of it.

It's been a while since I updated, and given a favorable court ruling Thursday, it's way past time to catch everyone up.
New York is one of the U.S. states that doesn't have a strict "Dendrite standard" law protecting anonymous speech. But soon the blog founder discovered he had allies: The issues at hand are so important that The New York Times, the E.W.Scripps Company, the First Amendment Coalition, New York Public Radio, and seven other New York media companies joined the appeals effort with their own joint amicus brief. What started as a dispute over a Daily Kos diarist has become a meaningful First Amendment battle, with major repercussions given New York's role as a major news media and distribution center.

After reportedly spending over $1 million on legal fees, Kennedy somehow discovered the identity of our community member sometime last year and promptly filed a defamation suit in New Hampshire in what seemed a clumsy attempt at forum shopping, or the practice of choosing where to file suit based on the belief you'll be granted a favorable outcome. The community member lives in Maine, Kennedy lives in California, and Daily Kos doesn't publish specifically in New Hampshire. A perplexed court threw out the case this past February on those obvious jurisdictional grounds....

Then, last week, the judge threw out the appeal of that decision because Kennedy's lawyer didn't file in time — and blamed the delay on bad Wi-Fi...

Kennedy tried to dismiss the original case, the one awaiting an appellate decision in New York, claiming it was now moot. His legal team had sued to get the community member's identity, and now that they had it, they argued that there was no reason for the case to continue. We disagreed, arguing that there were important issues to resolve (i.e., Dendrite), and we also wanted lawyer fees for their unconstitutional assault on our First Amendment rights...

On Thursday, in a unanimous decision, a four-judge New York Supreme Court appellate panel ordered the case to continue, keeping the Dendrite issue alive and also allowing us to proceed in seeking damages based on New York's anti-SLAPP law, which prohibits "strategic lawsuits against public participation."
Thursday's blog post concludes with this summation. "Kennedy opened up a can of worms and has spent millions fighting this stupid battle. Despite his losses, we aren't letting him weasel out of this."

Natron Energy, a pioneer in sodium-ion battery technology, has officially commenced mass production of its lithium-free sodium batteries in its Holland, Michigan facility, offering an alternative energy storage solution with benefits such as faster cycling, longer lifespan, and safer usage compared to lithium-ion batteries. New Atlas reports: Not only is sodium somewhere between 500 to 1,000 times more abundant than lithium on the planet we call Earth, sourcing it doesn't necessitate the same type of earth-scarring extraction. Even moving beyond the sodium vs lithium surname comparison, Natron says its sodium-ion batteries are made entirely from abundantly available commodity materials that also include aluminum, iron and manganese. Furthermore, the materials for Natron's sodium-ion chemistry can be procured through a reliable US-based domestic supply chain free from geopolitical disruption. The same cannot be said for common lithium-ion materials like cobalt and nickel.

Sodium-ion tech has received heightened interest in recent years as a more reliable, potentially cheaper energy storage medium. While its energy density lags behind lithium-ion, advantages such as faster cycling, longer lifespan and safer, non-flammable end use have made sodium-ion an attractive alternative, especially for stationary uses like data center and EV charger backup storage. [...] Natron says its batteries charge and discharge at rates 10 times faster than lithium-ion, a level of immediate charge/discharge capability that makes the batteries a prime contender for the ups and downs of backup power storage. Also helping in that use case is an estimated lifespan of 50,000 cycles.

Senior Department arms control official Paul Dean on Thursday urged China and Russia to declare that artificial intelligence would never make decisions on deploying nuclear weapons. Washington had made a "clear and strong commitment" that humans had total control over nuclear weapons, said Dean. Britain and France have made similar commitments. Reuters reports: "We would welcome a similar statement by China and the Russian Federation," said Dean, principal deputy assistant secretary in the Bureau of Arms Control, Deterrence and Stability. "We think it is an extremely important norm of responsible behaviour and we think it is something that would be very welcome in a P5 context," he said, referring to the five permanent members of the United Nations Security Council.

Florida Gov. Ron DeSantis signed a bill this week banning and criminalizing the manufacture and sale of lab-grown meat in the state. From a report: The legislation joins similar efforts from three other states -- Alabama, Arizona and Tennessee -- that have also looked to stop the sale of lab-grown meat, which is believed to still be years away from commercial viability. "Florida is fighting back against the global elite's plan to force the world to eat meat grown in a petri dish or bugs to achieve their authoritarian goals," DeSantis said. "We will save our beef."

Lab-grown meat, also known as cultivated meat, has attracted considerable attention in recent years as startups have raised millions of dollars to improve the technology meant to create a climate-friendly alternative to traditional meat sources. Cultivated meat is usually grown in a metal vessel from a sample of animal cells. They multiply in a container called a bioreactor while being fed with water, amino acids, vitamins and lipids -- a process that can be difficult to do at scales large enough to create enough food for commercial sale. Still, some companies have made strides, with two California startups receiving approval from U.S. regulators last year to sell lab-grown chicken. Those companies said Florida's bill stifles innovation in a space that is becoming competitive globally.

The FBI cut its warrantless searches of American data in half in 2023, according to a government report released on Tuesday. From a report: According to the Office of the Director of National Intelligence's annual transparency report, the FBI conducted 57,094 searches of "US person" data under Section 702 of the Foreign Intelligence Surveillance Act last year -- a 52 percent decrease from 2022.

In a press briefing, a senior FBI official said that the drop was due to reforms the agency implemented in 2021 and 2022, The Record reports. Despite the drop in overall searches of Americans' data, the report also notes that the number of foreign targets whose data could be searched in the Section 702 database rose to 268,590, a 9 percent increase from the previous year. The number of "probable cause" targets also increased significantly, from 417 in 2022 to 759 in 2023. Of those, 57 percent are estimated to be "US persons," which includes US citizens and permanent residents.

Huawei, the Chinese telecommunications giant blacklisted by the US, is secretly funding cutting-edge research at American universities including Harvard through an independent Washington-based foundation. From a report: Huawei is the sole funder of a research competition that has awarded millions of dollars since its inception in 2022 and attracted hundreds of proposals from scientists around the world, including those at top US universities that have banned their researchers from working with the company, according to documents and people familiar with the matter.

The competition is administered by the Optica Foundation, an arm of the nonprofit professional society Optica, whose members' research on light underpins technologies such as communications, biomedical diagnostics and lasers. The foundation "shall not be required to designate Huawei as the funding source or program sponsor" of the competition and "the existence and content of this Agreement and the relationship between the Parties shall also be considered Confidential Information," says a nonpublic document reviewed by Bloomberg. The findings reveal one strategy Shenzhen, China-based Huawei is using to remain at the forefront of funding international research despite a web of US restrictions imposed over the past several years in response to concerns that its technology could be used by Beijing as a spy tool.

An anonymous reader shares a report: Two months after hackers broke into Change Healthcare systems stealing and then encrypting company data, it's still unclear how many Americans were impacted by the cyberattack. Last month, Andrew Witty, the CEO of Change Healthcare's parent company UnitedHealth Group, said that the stolen files include the personal health information of "a substantial proportion of people in America." On Wednesday, during a House hearing, when Witty was pushed to give a more definitive answer, testifying that the breach impacted "I think, maybe a third [of Americans] or somewhere of that level."

An anonymous reader quotes a report from Bloomberg: U.S. wind power slipped last year for the first time in a quarter-century due to weaker-than-normal Midwest breezes, underscoring the challenge of integrating volatile renewable energy sources into the grid. Power produced by turbines slipped 2% in 2023, even after developers added 6.2 gigawatts of new capacity, according to a government report Tuesday. The capacity factor for the country's wind fleet -- how much energy it's actually generating versus its maximum possible output -- declined to an eight-year low of 33.5%. Most of that decline was driven by the central US, a region densely dotted with turbines.

Wind is a key component of the effort to cut carbon emissions, but the data highlights the downside of relying on intermittent energy sources tied to the effects of global weather. Last year's low wind speeds came during El Nino, a warming of the equatorial Pacific that tends to weaken trade winds. La Nina, the Pacific cooling pattern that dominated in 2022 and is poised to return later this year, usually has the opposite effect. The U.S. Energy Information Administration shared the findings in a report published earlier today.

The Supreme Court on Tuesday refused to block on free speech grounds a provision of Texas law aimed at preventing minors from accessing pornographic content online. From a report: The justices turned away a request made by the Free Speech Coalition, a pornography industry trade group, as well as several companies. The challengers said the 2023 law violates the Constitution's First Amendment by requiring anyone using the platforms in question, including adults, to submit personal information.

One provision of the law, known as H.B. 1181, mandates that platforms verify users' ages by requiring them to submit information about their identities. Although the law is aimed at limiting children's access to sexually explicit content, the lawsuit focuses on how those measures also affect adults. "Specifically, the act requires adults to comply with intrusive age verification measures that mandate the submission of personally identifying information over the internet in order to access websites containing sensitive and intimate content," the challengers wrote in court papers.

The Biden administration on Tuesday released rules designed to speed up permits for clean energy while requiring federal agencies to more heavily weigh damaging effects on the climate and on low-income communities before approving projects like highways and oil wells. From a report: As part of a deal to raise the country's debt limit last year, Congress required changes to the National Environmental Policy Act, a 54-year-old bedrock law that requires the government to consider environmental effects and to seek public input before approving any project that necessitates federal permits. That bipartisan debt ceiling legislation included reforms to the environmental law designed to streamline the approval process for major construction projects, such as oil pipelines, highways and power lines for wind- and solar-generated electricity. The rules released Tuesday, by the White House Council on Environmental Quality, are intended to guide federal agencies in putting the reforms in place.

But they also lay out additional requirements created to prioritize projects with strong environmental benefits, while adding layers of review for projects that could harm the climate or their surrounding communities. "These reforms will deliver smarter decisions, quicker permitting, and projects that are built better and faster," said Brenda Mallory, chair of the council. "As we accelerate our clean energy future, we are also protecting communities from pollution and environmental harms that can result from poor planning and decision making while making sure we build projects in the right places."

Millions of Americans pay for Netflix, doling out anywhere from $6.99 to $22.99 a month. It's a common belief that you can get out of recurring charges like this by canceling your credit card. Netflix won't be able to find you, and your account will just go away, right? You wouldn't be crazy for believing it, but it's a myth that canceling a credit card will definitely stop your recurring charges. From a report: Nearly 46% of Americans opened a new credit card last year, according to Forbes, which means millions of Americans also canceled old ones. When you switch cards, Netflix doesn't just stop your service -- they just start charging your new card. Granted, it might be easier to just cancel your Netflix subscription directly. There's a largely hidden service that enables Netflix and most other subscription services to keep throwing charges at you indefinitely.

"Banks may automatically update credit or debit card numbers when a new card is issued. This update allows your card to continue to be charged, even if it's expired," Netflix says in its help center. Most major card providers offer a feature that enables this, including Visa. In 2003, Visa U.S.A. started offering a new software product to merchants called Visa Account Updater (VAU), according to a 2003 American Banker article. The service works with a network of banks to create a virtual tracking service of Americans' financial profiles. Whenever someone renews, or switches a credit card within their bank, the institution automatically update the VAU. This system lets Netflix and countless other corporations charge whatever card you have on file.

The Federal Communications Commission has fined the nation's largest wireless carriers for illegally sharing access to customers' location information without consent and without taking reasonable measures to protect that information against unauthorized disclosure. From a report: Sprint and T-Mobile -- which have merged since the investigation began -- face fines of more than $12 million and $80 million, respectively. AT&T is fined more than $57 million, and Verizon is fined almost $47 million. "Our communications providers have access to some of the most sensitive information about us. These carriers failed to protect the information entrusted to them. Here, we are talking about some of the most sensitive data in their possession: customers' real-time location information, revealing where they go and who they are," said FCC Chairwoman Jessica Rosenworcel. "As we resolve these cases" which were first proposed by the last Administration -- the Commission remains committed to holding all carriers accountable and making sure they fulfill their obligations to their customers as stewards of this most private data."

Razer will have to fork over $1.1 million in refunds to customers who purchased its RGB-clad Zephyr face mask, according to a proposed settlement announced by the Federal Trade Commission on Monday. From a report: The company claimed the face mask used N95-grade filters, but the FTC alleges Razer never submitted them for testing and only "stopped the false advertising following negative press coverage and consumer outrage at the deceptive claims."

Razer first released its Zephyr face mask in 2021 as a nifty, cyberpunk-esque alternative to traditional face masks worn during the covid-19 pandemic. Although Razer initially marketed the $100 mask as having N95-grade filters, it scrubbed any mention of the grade after YouTuber Naomi Wu tore down the mask and found that it wasn't N95 certified after all. N95 masks are supposed to filter out at least 95 percent of airborne particles, according to the Centers for Disease Control and Prevention. Razer also planned on launching a $150 Zephyr Pro with a voice amplification feature, but that never panned out. At the time, Razer addressed claims about its Zephyr masks, saying in a post on X that "the Razer Zephyr and Zephyr Pro are not medical devices, respirators, surgical masks, or personal protective equipment (PPE) and are not meant to be used in medical or clinical settings."

An anonymous reader shared a report this week from Reuters: The U.S. Department of Commerce is reviewing the national security implications of China's work in open-source RISC-V chip technology, according to a letter sent to U.S. lawmakers...

The technology is being used by major Chinese tech firms such as Alibaba Group Holding and has become a new front in the strategic competition over advanced chip technology between the U.S. and China. In November, 18 U.S. lawmakers from both houses of Congress pressed the Biden administration for its plans to prevent China "from achieving dominance in ... RISC-V technology and leveraging that dominance at the expense of U.S. national and economic security."

In a letter last week to the lawmakers that was seen by Reuters on Tuesday, the Commerce Department said it is "working to review potential risks and assess whether there are appropriate actions under Commerce authorities that could effectively address any potential concerns."

But the Commerce Department also noted that it would need to tread carefully to avoid harming U.S. companies that are part of international groups working on RISC-V technology.

U.S. authorities consider DJI a security threat. Congress is weighing legislation to ban it [non-paywalled link], prompting a lobbying campaign from the company, which dominates the commercial and consumer drone markets. The New York Times: DJI is on a Defense Department list of Chinese military companies whose products the U.S. armed forces will be prohibited from purchasing in the future. As part of the defense budget that Congress passed for this year, other federal agencies and programs are likely to be prohibited from purchasing DJI drones as well. The drones -- though not designed or authorized for combat use -- have also become ubiquitous in Russia's war against Ukraine.

The Treasury and Commerce Departments have penalized DJI over the use of its drones for spying on Uyghur Muslims who are held in camps by Chinese officials in the Xinjiang region. Researchers have found that Beijing could potentially exploit vulnerabilities in an app that controls the drone to gain access to large amounts of personal information, although a U.S. official said there are currently no known vulnerabilities that have not been patched. Now Congress is weighing legislation that could kill much of DJI's commercial business in the United States by putting it on a Federal Communications Commission roster blocking it from running on the country's communications infrastructure.

The bill, which has bipartisan support, has been met with a muscular lobbying campaign by DJI. The company is hoping that Americans like Mr. Nordfors who use its products will help persuade lawmakers that the United States has nothing to fear -- and much to gain -- by keeping DJI drones flying. "DJI presents an unacceptable national security risk, and it is past time that drones made by Communist China are removed from America," Representative Elise Stefanik, Republican of New York and one of the bill's primary sponsors, said in an emailed statement this month.

Europe is less hard-working, less ambitious, more regulated and more risk-averse than the US, according to the boss of Norway's giant oil fund, with the gap between the two continents only getting wider. FT: Nicolai Tangen, chief executive of the $1.6tn fund, told the Financial Times it was "worrisome" that American companies were outpacing their European rivals [non paywalled link] on innovation and technology, leading to vast outperformance of US shares in the past decade. "There's a mindset issue in terms of acceptance of mistakes and risks. You go bust in America, you get another chance. In Europe, you're dead," he said, adding that there was also a difference in "the general level of ambition. We are not very ambitious. I should be careful about talking about work-life balance, but the Americans just work harder."

His views are significant as the oil fund is one of the largest single investors in the world, owning on average 1.5 per cent of every listed company globally and 2.5 per cent of every European equity. Its US holdings have increased in the past decade while its European ones have declined. US shares account for almost half of all its equities compared with 32 per cent in 2013. The leading European country -- the UK -- represented 15 per cent of its equity portfolio a decade ago but just 6 per cent last year.

An anonymous reader quotes a report from TorrentFreak: Late January, the U.S. Department of Commerce published a notice of proposed rulemaking for establishing new requirements for Infrastructure as a Service providers (IaaS) . The proposal boils down to a 'Know Your Customer' regime for companies operating cloud services, with the goal of countering the activities of "foreign malicious actors." Yet, despite an overseas focus, Americans won't be able to avoid the proposal's requirements, which covers CDNs, virtual private servers, proxies, and domain name resolution services, among others. [...] Under the proposed rule, Customer Identification Programs (CIPs) operated by IaaS providers must collect information from both existing and prospective customers, i.e. those at the application stage of opening an account. The bare minimum includes the following data: a customer's name, address, the means and source of payment for each customer's account, email addresses and telephone numbers, and IP addresses used for access or administration of the account.

What qualifies as an IaaS is surprisingly broad: "Any product or service offered to a consumer, including complimentary or "trial" offerings, that provides processing, storage, networks, or other fundamental computing resources, and with which the consumer is able to deploy and run software that is not predefined, including operating systems and applications. The consumer typically does not manage or control most of the underlying hardware but has control over the operating systems, storage, and any deployed applications. The term is inclusive of "managed" products or services, in which the provider is responsible for some aspects of system configuration or maintenance, and "unmanaged" products or services, in which the provider is only responsible for ensuring that the product is available to the consumer."

And it doesn't stop there. The term IaaS includes all 'virtualized' products and services where the computing resources of a physical machine are shared, such as Virtual Private Servers (VPS). It even covers 'baremetal' servers allocated to a single person. The definition also extends to any service where the consumer does not manage or control the underlying hardware but contracts with a third party for access. "This definition would capture services such as content delivery networks, proxy services, and domain name resolution services," the proposal reads. The proposed rule, National Emergency with Respect to Significant Malicious Cyber-Enabled Activities, will stop accepting comments from interested parties on April 30, 2024.

Coal-fired power plants would be forced to capture smokestack emissions or shut down under a rule issued on Thursday by the Environmental Protection Agency (EPA). From a report: New limits on greenhouse gas emissions from fossil fuel-fired electric plants are the Biden administration's most ambitious effort yet to roll back planet-warming pollution from the power sector, the nation's second-largest contributor to the climate crisis. The rules are a key part of Joe Biden's pledge to eliminate carbon pollution from the electricity sector by 2035 and economy-wide by 2050.

The rule was among four separate measures targeting coal and natural gas plants that the EPA said would provide "regular certainty" to the power industry and encourage them to make investments to transition "to a clean energy economy." They also include requirements to reduce toxic wastewater pollutants from coal-fired plants and to safely manage so-called coal ash in unlined storage ponds. The new rules "reduce pollution from fossil fuel-fired power plants, protect communities from pollution and improve public health -- all while supporting the long-term, reliable supply of the electricity needed to power America forward," the EPA administrator, Michael Regan, told reporters at a White House briefing.

An anonymous reader quotes a report from CNN: The fertility rate in the United States has been trending down for decades, and a new report shows that another drop in births in 2023 brought the rate down to the lowest it's been in more than century. There were about 3.6 million babies born in 2023, or 54.4 live births for every 1,000 females ages 15 to 44, according to provisional data from the US Centers for Disease Control and Prevention's National Center for Health Statistics. After a steep plunge in the first year of the Covid-19 pandemic, the fertility rate has fluctuated. But the 3% drop between 2022 and 2023 brought the rate just below the previous low from 2020, which was 56 births for every 1,000 women of reproductive age.

The birth rate fell among most age groups between 2022 and 2023, the new report shows. The teen birth rate reached another record low of 13.2 births per 1,000 females ages 15 to 19, which is 79% lower than it was at the most recent peak from 1991. However, the rate of decline was slower than it's been for the past decade and a half. Meanwhile, births continued to shift to older mothers. Older age groups saw smaller decreases in birth rates, and the birth rate was highest among women ages 30 to 34 -- with about 95 births for every 1,000 women in this group in 2023. Women 40 and older were the only group to see an increase in birth rate, although -- at less than 13 births for every 1,000 women -- it remained lower than any other age group.

Department of Transportation Secretary Pete Buttigieg announced new rules for the airline industry that will require airlines to automatically give cash refunds to passengers for canceled and significantly delayed flights. They will also require airlines to give cash refunds if your bags are lost and not delivered within 12 hours.

"This is a big day for America's flying public," said Buttigieg at a Wednesday morning news conference. According to Buttigieg, the new rules are the biggest expansion of passenger rights in the department's history. ABC News reports: Airlines can no longer decide how long a delay must be before a refund is issued. Under the new DOT rules, the delays covered would be more than three hours for domestic flights and more than six hours for international flights, the agency said. This includes tickets purchased directly from airlines, travel agents and third-party sites such as Expedia and Travelocity.

The refunds must be issued within seven days, according to the new DOT rules, and must be in cash unless the passenger chooses another form of compensation. Airlines can no longer issue refunds in forms of vouchers or credits when consumers are entitled to receive cash. Airlines will have six months to comply with the new rules.

The DOT said it is also working on rules related to family seating fees, enhancing rights for wheelchair-traveling passengers for safe and dignified travel and mandating compensation and amenities if flights are delayed or canceled by airlines. Buttigieg said the DOT is also protecting airline passengers from being surprised by hidden fees -- a move he estimates will have Americans billions of dollars every year. The DOT rules include that passengers will receive refunds for extra services paid for and not provided, such as Wi-Fi, seat selection or inflight entertainment.