Google

Google Now Defaults To Not Indexing Your Content 66

An anonymous reader a report:Google is no longer trying to index the entire web. In fact, it's become extremely selective, refusing to index most content. This isn't about content creators failing to meet some arbitrary standard of quality. Rather, it's a fundamental change in how Google approaches its role as a search engine.

From my experience, Google now seems to operate on a "default to not index" basis. It only includes content in its index when it perceives a genuine need. This decision appears to be based on various factors:
Extreme content uniqueness: It's not enough to write about something that isn't extensively covered. Google seems to require content to be genuinely novel or fill a significant gap in its index.
Perceived authority: Sites that Google considers highly authoritative in their niche may have more content indexed, but even then, it's not guaranteed.
Brand recognition: Well-known brands often see most of their content indexed, while small or unknown bloggers face much stricter selectivity.
Temporary indexing and de-indexing: In practice, Google often indexes new content quite quickly, likely to avoid missing out on breaking news or important updates. Soon after, Google may de-index the content, and it remains de-indexed thereafter. So getting initially indexed isn't necessarily a sign that Google considers your content valuable.
AI

Gemini AI Platform Accused of Scanning Google Drive Files Without User Permission (techradar.com) 23

Last week, Senior Advisor on AI Governance at the Center for Democracy & Technology, Kevin Bankston, took to X to report that Google's Gemini AI was caught summarizing his private tax return on Google Drive without his permission. "Despite attempts to disable the feature, Bankston found that Gemini's continued to operate in Google Drive, raising questions about Google's handling of user data and privacy settings," writes TechRadar's Craig Hale. From the report: After failing to find the right controls to disable Gemini's integration, the Advisor asked Google's ChatGPT-rivalling AI chatbot on two occasions to pinpoint the settings. A second, more detailed response still brought no joy: "Gemini is *not* in Apps and services on my dashboard (1st option), and I didn't have a profile pic in the upper right of the Gemini page (2nd)."

With help from another X user, Bankston found the control, which was already disabled, highlighting either a malfunctioning control or indicating that further settings are hidden elsewhere. However, previous Google documentation has confirmed that the company will not use Google Workspace data to train or improve its generative AI services or to feed targeted ads. Bankston theorizes that his previous participation in Google Workspace Labs might have influenced Gemini's behavior. The Gemini side panel in Google Drive for PDFs can be closed if a user no longer wishes to access generative AI summaries.

Security

Weak Security Defaults Enabled Squarespace Domains Hijacks (krebsonsecurity.com) 11

At least a dozen organizations with domain names at domain registrar Squarespace saw their websites hijacked last week. Krebs on Security: Squarespace bought all assets of Google Domains a year ago, but many customers still haven't set up their new accounts. Experts say malicious hackers learned they could commandeer any migrated Squarespace accounts that hadn't yet been registered, merely by supplying an email address tied to an existing domain. The Squarespace domain hijacks, which took place between July 9 and July 12, appear to have mostly targeted cryptocurrency businesses, including Celer Network, Compound Finance, Pendle Finance, and Unstoppable Domains. In some cases, the attackers were able to redirect the hijacked domains to phishing sites set up to steal visitors' cryptocurrency funds.

New York City-based Squarespace purchased roughly 10 million domain names from Google Domains in June 2023, and it has been gradually migrating those domains to its service ever since. Squarespace has not responded to a request for comment, nor has it issued a statement about the attacks. But an analysis released by security experts at Metamask and Paradigm finds the most likely explanation for what happened is that Squarespace assumed all users migrating from Google Domains would select the social login options -- such "Continue with Google" or "Continue with Apple" -- as opposed to the "Continue with email" choice.

Google

Google Near $23 Billion Deal for Cybersecurity Startup Wiz (wsj.com) 15

Alphabet, Google's parent company, is reportedly in advanced negotiations to acquire cloud security startup Wiz for approximately $23 billion, Wall Street Journal reported on Sunday. The potential deal, which would value Wiz at nearly double its most recent private valuation of $12 billion, underscores the growing importance of cybersecurity in Alphabet's enterprise strategy as it seeks to narrow the gap with cloud computing rivals such as Microsoft, Morgan Stanley said in a note.

Founded in January 2020, Wiz has quickly established itself as a leading player in the Cloud-Native Application Protection Platform (CNAPP) space, utilizing an agentless approach to secure cloud application deployments throughout their lifecycle. The company's platform continuously assesses and prioritizes critical risks across various security domains, providing customers with a comprehensive view of their cloud security posture. Wiz has experienced rapid growth since its inception, with annual recurring revenue (ARR) exceeding $350 million as of January 2024, representing a year-over-year increase of over 75%. The company boasts an impressive client roster, with more than 40% of Fortune 100 companies among its customers, and has raised nearly $2 billion in funding to date.

If confirmed, the acquisition would mark Alphabet's largest to date, significantly expanding its footprint in the burgeoning cloud security market. The move follows previous security-focused acquisitions by the tech giant, including the $5.4 billion purchase of Mandiant in 2022 and the $500 million acquisition of Siemplify. Morgan Stanley adds that the potential acquisition could raise questions about Wiz's ability to maintain neutrality across multiple cloud platforms, potentially benefiting competitors such as Palo Alto Networks and CrowdStrike in the near term.
Linux

Linux Kernel 6.10 Released (omgubuntu.co.uk) 15

"The latest version of the Linux kernel adds an array of improvements," writes the blog OMG Ubuntu, " including a new memory sealing system call, a speed boost for AES-XTS encryption on Intel and AMD CPUs, and expanding Rust language support within the kernel to RISC-V." Plus, like in all kernel releases, there's a glut of groundwork to offer "initial support" for upcoming CPUs, GPUs, NPUs, Wi-Fi, and other hardware (that most of us don't use yet, but require Linux support to be in place for when devices that use them filter out)...

Linux 6.10 adds (after much gnashing) the mseal() system call to prevent changes being made to portions of the virtual address space. For now, this will mainly benefit Google Chrome, which plans to use it to harden its sandboxing. Work is underway by kernel contributors to allow other apps to benefit, though. A similarly initially-controversial change merged is a new memory-allocation profiling subsystem. This helps developers fine-tune memory usage and more readily identify memory leaks. An explainer from LWN summarizes it well.

Elsewhere, Linux 6.10 offers encrypted interactions with trusted platform modules (TPM) in order to "make the kernel's use of the TPM reasonably robust in the face of external snooping and packet alteration attacks". The documentation for this feature explains: "for every in-kernel operation we use null primary salted HMAC to protect the integrity [and] we use parameter encryption to protect key sealing and parameter decryption to protect key unsealing and random number generation." Sticking with security, the Linux kernel's Landlock security module can now apply policies to ioctl() calls (Input/Output Control), restricting potential misuse and improving overall system security.

On the networking side there's significant performance improvements to zero-copy send operations using io_uring, and the newly-added ability to "bundle" multiple buffers for send and receive operations also offers an uptick in performance...

A couple of months ago Canonical announced Ubuntu support for the RISC-V Milk-V Mars single-board computer. Linux 6.10 mainlines support for the Milk-V Mars, which will make that effort a lot more viable (especially with the Ubuntu 24.10 kernel likely to be v6.10 or newer). Others RISC-V improvements abound in Linux 6.10, including support for the Rust language, boot image compression in BZ2, LZ4, LZMA, LZO, and Zstandard (instead of only Gzip); and newer AMD GPUs thanks to kernel-mode FPU support in RISC-V.

Phoronix has their own rundown of Linux 6.10, plus a list of some of the highlights, which includes:
  • The initial DRM Panic infrastructure
  • The new Panthor DRM driver for newer Arm Mali graphics
  • Better AMD ROCm/AMDKFD support for "small" Ryzen APUs and new additions for AMD Zen 5.
  • AMD GPU display support on RISC-V hardware thanks to RISC-V kernel mode FPU
  • More Intel Xe2 graphics preparations
  • Better IO_uring zero-copy performance
  • Faster AES-XTS disk/file encryption with modern Intel and AMD CPUs
  • Continued online repair work for XFS
  • Steam Deck IMU support
  • TPM bus encryption and integrity protection

Programming

Rust Leaps Forward on Language Popularity Index (infoworld.com) 59

An anonymous reader shared this report from InfoWorld: Rust has leaped to its highest position ever in the monthly Tiobe index of language popularity, scaling to the 13th spot this month, with placement in the top 10 anticipated in an upcoming edition. Previously, Rust has never gone higher than 17th place in the Tiobe Programming Index. Tiobe CEO Paul Jansen attributed Rust's ascent in the just-released July index to a February 2024 U.S. White House report recommending Rust over C/C+ for safety reasons. He also credited the growing community and ecosystem support for the language. "Rust is finally moving up."
The article adds that these rankings are based on "the number of skilled engineers worldwide, courses, and third-party vendors pertaining to languages, examining websites such as Google, Amazon, Wikipedia, and more than 20 others to determine the monthly numbers."
  1. Python
  2. C++
  3. C
  4. Java
  5. C#
  6. JavaScript
  7. Go
  8. Visual Basic
  9. Fortran
  10. SQL

Interestingly, Rust has just moved into the top ten on the rival rankings from the rival Pypl Popularity of Programming Language index (which according to the article "assesses how often languages are searched on in Google.")

  1. Python
  2. Java
  3. JavaScript
  4. C#
  5. C/C++
  6. R
  7. PHP
  8. TypeScript
  9. Swift
  10. Rust

Encryption

YouTube Investigators Say MSI Exposed 600K+ Warranty Records Via an Open Server 16

ewhac (Slashdot reader #5,844) writes: Friday the hardware review site Gamers Nexus filed a YouTube video report alleging some serious claims: that PC component manufacturer MSI left their internal warranty and RMA processing web site accessible to the open Internet, with no authentication. Virtually the entire history of MSI warranty claims going back to at least 2017 were searchable and accessible for the browsing, including customer names, email addresses, phone numbers, and serial numbers of MSI devices.

This event follows closely on the heels of a video report just a few days earlier alleging PC component manufacturer Zotac left their warranty/RMA and B2B records server open to indexing by Google.

Gamers Nexus posted their reports after informing Zotac and MSI of their open servers and verifying they were no longer accessible. However, the data from MSI's server could have been fully scraped at this point, giving scammers a gold mine of data permitting them to impersonate MSI personnel and defraud customers. Anyone who's filed a warranty or RMA claim with MSI in the past seven years should exercise caution when receiving unsolicited emails or phone calls purporting to be from MSI.
Android

Android 15 Beta Has an Optional Desktop Mode (theregister.com) 28

An anonymous reader shares a report: It's been tried before, more than once, but if it comes as a stock feature, maybe people will actually start to use the feature. Google's Pixel 9 range of fondleslabs is coming soon, and the company has already announced an event, Made by Google, for August 13th at 1000 Pacific Time (that's 1700 UTC, and 1800 for Brits.) The new devices are very likely to run Android 15 -- whose first developer preview appeared in February. Android Police reports that one of the less obvious features of the beta may continue to final release and could become more apparent: the desktop mode that can be activated in Android 14 QPR3 Beta 2.1.

Having a desktop mode in Android isn't of itself a new thing. Samsung has offered its Dex feature since the Galaxy S8, and various vultures ventured Dex-wards in 2017 and again in 2018. The snag was that you needed a special dock to try it. Android 10 gained a hidden desktop mode in its developer features, but it wasn't easy to find. These days, though, the baseline is rather closer. Monitors with USB C connections are quite ordinary now, with ordinary prices to match, unlike, say, their prices five years ago. You can even get affordable portable ones.

Iphone

iPhone Upgrades - Not Android Switchers - Drive Apple Sales, Bernstein Says 68

In a new analysis, research firm Bernstein challenges the conventional wisdom surrounding Apple's iPhone sales fluctuations, arguing that perceived market share shifts between Apple and Android devices are largely illusory. The report, which Bernstein sent to its clients, contends that the majority of iPhone buyers are existing users upgrading their devices, rather than switchers from Android platforms.

Bernstein posits that year-to-year changes in iPhone unit sales are predominantly driven by Apple's upgrade rates within its established user base. This dynamic creates the appearance of significant market share gains or losses, particularly in China, where consumers are highly sensitive to new features. The analyst notes that upgrade cycles in China tend to be more pronounced than in other markets, leading to exaggerated perceptions of market share volatility. He suggests that the company's struggles in the region are more likely attributed to poor upgrade rates within its existing customer base rather than a mass exodus to competitors like Huawei.
Power

Amazon Says It Now Runs On 100% Clean Power. Employees Say It's More Like 22% (fastcompany.com) 90

Today, Amazon announced that it reached its 100% renewable energy goal seven years ahead of schedule. However, as Fast Company's Adele Peters reports, "a group of Amazon employees argues that the company's math is misleading." From the report: A report (PDF) from the group, Amazon Employees for Climate Justice, argues that only 22% of the company's data centers in the U.S. actually run on clean power. The employees looked at where each data center was located and the mix of power on the regional grids -- how much was coming from coal, gas, or oil versus solar or wind. Amazon, like many other companies, buys renewable energy credits (RECs) for a certain amount of clean power that's produced by a solar plant or wind farm. In theory, RECs are supposed to push new renewable energy to get built. In reality, that doesn't always happen. The employee research found that 68% of Amazon's RECs are unbundled, meaning that they didn't fund new renewable infrastructure, but gave credit for renewables that already existed or were already going to be built.

As new data centers are built, they can mean that fossil-fuel-dependent grids end up building new fossil fuel power plants. "Dominion Energy, which is the utility in Virginia, is expanding because of demand, and Amazon is obviously one of their largest customers," says Eliza Pan, a representative from Amazon Employees for Climate Justice and a former Amazon employee. "Dominion's expansion is not renewable expansion. It's more fossil fuels." Amazon also doesn't buy credits that are specifically tied to the grids powering their data centers. The company might purchase RECs from Canada or Arizona, for example, to offset electricity used in Virginia. The credits also aren't tied to the time that the energy was used; data centers run all day and night, but most renewable energy is only available some of the time. The employee group argues that the company should follow the approach that Google takes. Google aims to use carbon-free energy, 24/7, on every grid where it operates.

The Internet

iLounge and the Unofficial Apple Weblog Are Back As Unethical AI Content Farms 11

An anonymous reader quotes a report from Ars Technica, written by Samuel Axon: In one of the most egregiously unethical uses of AI we've seen, a web advertising company has re-created some defunct, classic tech blogs like The Unofficial Apple Weblog (TUAW) and iLounge by mimicking the bylines of the websites' former writers and publishing AI-generated content under their names. The Verge reported on the fiasco in detail, including speaking to Christina Warren, a former writer for TUAW who now works at GitHub. Warren took to the social media platform Threads yesterday to point out that someone had re-launched TUAW at its original domain and populated it with fake content allegedly written by her and other past TUAW staff. Some of the content simply reworded articles that originally appeared on TUAW, while other articles tied real writers' names to new, AI-generated articles about current events.

TUAW was shut down in 2015, but its intellectual property and domain name continued to be owned by Yahoo. A Hong Kong-based web advertising firm named Web Orange Limited claims to have purchased the domain and brand name but not the content. The domain name still carries some value in terms of Google ranking, so Web Orange Limited seems to have relaunched the site and then used AI summarization tools to reword the original content and publish it under the original authors' names. (It did the same with another classic Apple blog, iLounge.) The site also includes author bios, which are generic and may have been generated, and they are accompanied by author photos that don't look anything like the real writers. The Verge found that some of these same photos have appeared in other places, like web display ads for iPhone cases and dating websites. They may have been AI-generated, though the company has also been caught reusing photos of real people without permission in other contexts.

At first, some of Web Orange Limited's websites named Haider Ali Khan, an Australian currently residing in Dubai, as the owner of the company. Khan's own website identified him as "an independent cyber security analyst" and "long-time advocate for web security" who also runs a web hosting company, and who "started investing in several technology reporting websites" and "manages and runs several news blogs such as the well-known Apple tech-news blog iLounge." However, mentions of his name were removed from the websites today, and the details on his personal website have apparently been taken offline. Warren emailed the company, threatening legal action. After she did that, the byline was changed to what we can only assume is a made-up name -- "Mary Brown." The same goes for many of the other author names on Web Orange Limited's websites.

The company likely tried to use the original authors' names as part of an SEO play; Google tracks the names of authors and gives them authority rankings on specific topics as another layer on top of a website's own authority. That way, Google can try to respond to user queries with results written by people who have built strong reputations in the users' areas of interest. It also helps Google surface authors who are experts on a topic but who write for multiple websites, which is common among freelance writers. The websites are still operational, even though the most arguably egregious breach of ethics -- the false use of real people's names -- has been addressed in many cases.
Google

Google Exploring Options Against Microsoft's Licensing Practices, Google Cloud Head Says (reuters.com) 15

Alphabet unit Google's cloud subsidiary will look into other options in its fight against Microsoft's licensing practices, the head of Google Cloud head said on Wednesday. From a report: The comments by Amit Zavery came after Microsoft reached a deal with trade body CISPE to resolve the latter's antitrust complaint about its cloud licensing practices. "Many regulatory bodies have opened inquiries into Microsoft's licensing practices, and we are hopeful there will be remedies to protect the cloud market from Microsoft's anti-competitive behavior," he said.

"We are exploring our options to continue to fight against Microsoft's anti-competitive licensing in order to promote choice, innovation, and the growth of the digital economy in Europe."

Science

Researchers Discover a New Form of Scientific Fraud: Uncovering 'Sneaked References' (theconversation.com) 47

A recent study has exposed a method of artificially inflating citation counts through "sneaked references," which are extra citations included in metadata but not in the actual text of articles. This manipulation, uncovered in journals by Technoscience Academy, distorts citation metrics that are critical for research funding and academic promotions. The Conversation reports: The investigation began when Guillaume Cabanac, a professor at the University of Toulouse, wrote a post on PubPeer, a website dedicated to post-publication peer review, in which scientists discuss and analyze publications. In the post, he detailed how he had noticed an inconsistency: a Hindawi journal article that he suspected was fraudulent because it contained awkward phrases had far more citations than downloads, which is very unusual. The post caught the attention of several sleuths who are now the authors of the JASIST article. We used a scientific search engine to look for articles citing the initial article. Google Scholar found none, but Crossref and Dimensions did find references. The difference? Google Scholar is likely to mostly rely on the article's main text to extract the references appearing in the bibliography section, whereas Crossref and Dimensions use metadata provided by publishers.

To understand the extent of the manipulation, we examined three scientific journals that were published by the Technoscience Academy, the publisher responsible for the articles that contained questionable citations. [...] In the journals published by Technoscience Academy, at least 9% of recorded references were "sneaked references." These additional references were only in the metadata, distorting citation counts and giving certain authors an unfair advantage. Some legitimate references were also lost, meaning they were not present in the metadata. In addition, when analyzing the sneaked references, we found that they highly benefited some researchers. For example, a single researcher who was associated with Technoscience Academy benefited from more than 3,000 additional illegitimate citations. Some journals from the same publisher benefited from a couple hundred additional sneaked citations.

We wanted our results to be externally validated, so we posted our study as a preprint, informed both Crossref and Dimensions of our findings and gave them a link to the preprinted investigation. Dimensions acknowledged the illegitimate citations and confirmed that their database reflects Crossref's data. Crossref also confirmed the extra references in Retraction Watch and highlighted that this was the first time that it had been notified of such a problem in its database. The publisher, based on Crossref's investigation, has taken action to fix the problem.
To combat this practice of "sneaked references," the authors suggest several measures: rigorous verification of metadata by publishers and agencies like Crossref, independent audits to ensure data reliability, and increased transparency in managing references and citations.
AI

Galaxy Z Fold & Z Flip 6, Watch Ultra, and New Ring Are Samsung's AI Carriers (arstechnica.com) 11

At its Galaxy Unpacked event today, Samsung unveiled a slew of new devices ushering in the "Next Frontier of Mobile AI." With "cross-device intelligence," each device has its own set of AI features that Samsung said will be personalized for users, good for humanity, and empowering for creators. Ars Technica's Kevin Purdy reports: Aiming to put its Galaxy AI onto your wrist and fingers, Samsung announced a seventh version of its Galaxy Watch, a rugged and larger Galaxy Watch Ultra, and the first version of a Galaxy Ring. [...] The Galaxy Watch 7 and Watch Ultra are strikingly similar to their inspirations: the Apple Watch Ultra and the previous Galaxy Watch, respectively. [...] The Galaxy Z Fold 6 ($1,900) and Z Flip 6 ($1,100) have the kinds of boosts from their prior models you might expect. There's a Snapdragon 8 Gen 3 chip inside. The folding glass on both is supposedly stronger and now rated for IP48, which means dust resistance went from "X" (good luck) to "4" (1 mm and greater particles), which is still unfortunate at these price points, but that's life on the folding edge.

The outward-facing screen on the Z Fold 6 got a smidge bigger (6.2 to 6.3 inches), though it has the same inner display. Its cameras are much the same (50 megapixel main, 10 megapixel telephoto, 12 megapixel ultrawide), though the ultrawide claims better low-light performance. The Z Flip 6's most notable upgrade is its 4,000 mAh battery and a vapor cooling chamber inside. The base model gets 12GB of RAM instead of 8GB and 512GB of storage instead of 256GB on the base model.

There are other products not mentioned here announced by Samsung today, including its Galaxy Buds3 and Buds3 Pro, which are wireless earbuds that will remind you of certain other very popular wireless earbuds. What Samsung really had to pitch today was how its own Galaxy AI was the connective tissue between all of them. The screens on the Fold and Flip models are ideal for circling things to search them. The cameras can auto-zoom, the notes can be summarized, and translations, in particular, are everywhere. The watches and rings can track your health and suggest ways to make it better in all kinds of ways that merit a lot of disclosure about where all that data is going. Rick Osterloh, Google's devices and services chief, showed up to give a kind of Gemini blessing to Samsung's efforts.

Software

Nike Is Killing the App for Its $350 Self-Tying Sneakers (wired.com) 102

Scharon Harding reports via Wired: In 2019, Nike got closer than ever to its dreams of popularizing self-tying sneakers by releasing the Adapt BB. Using Bluetooth, the sneakers paired to the Adapt app that let users do things like tighten or loosen the shoes' laces and control its LED lights. However, Nike has announced that it's "retiring" the app on August 6 (Warning: source may be paywalled; alternative source), when it will no longer be downloadable from Apple's App Store or the Google Play Store; nor will it be updated.

In an announcement recently spotted by The Verge, Nike's brief explanation for discontinuing the app is that Nike "is no longer creating new versions of Adapt shoes." The company started informing owners about the app's retirement about four months ago. Those who already bought the shoes can still use the app after August 6, but it's expected that iOS or Android updates will eventually make the app unusable. Also, those who get a new device won't be able to download Adapt after August 6.

Without the app, wearers are unable to change the color of the sneaker's LED lights. The lights will either maintain the last color scheme selected via the app or, per Nike, "if you didn't install the app, light will be the default color." While owners will still be able to use on-shoe buttons to turn the shoes on or off, check its battery, adjust the lace's tightness, and save fit settings, the ability to change lighting and control the shoes via mobile phone were big selling points of the $350 kicks.

AI

OpenAI and Arianna Huffington Are Working Together On an 'AI Health Coach' 25

OpenAI CEO Sam Altman and businesswoman Arianna Huffington have announced they're working on an "AI health coach" via Thrive AI Health. According to a Time magazine op-ed, the two executives said that the bot will be trained on "the best peer-reviewed science" alongside "the personal biometric, lab, and other medical data you've chosen to share with it." The Verge reports: The company tapped DeCarlos Love, a former Google executive who previously worked on Fitbit and other wearables, to be CEO. Thrive AI Health also established research partnerships with several academic institutions and medical centers like Stanford Medicine, the Rockefeller Neuroscience Institute at West Virginia University, and the Alice L. Walton School of Medicine. (The Alice L. Walton Foundation is also a strategic investor in Thrive AI Health.) Thrive AI Health's goal is to provide powerful insights to those who otherwise wouldn't have access -- like a single mother looking for quick meal ideas for her gluten-free child or an immunocompromised person in need of instant advice in between doctor's appointments. [...]

The bot is still in its early stages, adopting an Atomic Habits approach. Its goal is to gently encourage small changes in five key areas of your life: sleep, nutrition, fitness, stress management, and social connection. By making minor adjustments, such as suggesting a 10-minute walk after picking up your child from school, Thrive AI Health aims to positively impact people with chronic conditions like heart disease. It doesn't claim to be ready to provide real diagnosis like a doctor would but instead aims to guide users into a healthier lifestyle. "AI is already greatly accelerating the rate of scientific progress in medicine -- offering breakthroughs in drug development, diagnoses, and increasing the rate of scientific progress around diseases like cancer," the op-ed read.
Crime

What Happens If You Shoot Down a Delivery Drone? (techcrunch.com) 152

An anonymous reader quotes a report from TechCrunch: As deep-pocketed companies like Amazon, Google and Walmart invest in and experiment with drone delivery, a phenomenon reflective of this modern era has emerged. Drones, carrying snacks and other sundries, are being shot out of the sky. Incidents are still rare. However, a recent arrest in Florida, in which a man allegedly shot down a Walmart drone, raises questions of what the legal ramifications are and whether those consequences could escalate if these events become more common. [...] While consumer drones have been proliferating for well over a decade, the question of legal ramifications hasn't been wholly clear. The Federal Aviation Administration (FAA) gave us a partial answer following a 2016 drone shooting in Arkansas. At the time, the FAA pointed interested parties to 18 U.S.C. 32. The law, titled "Aircraft Sabotage," is focused on the wanton destruction of "any aircraft in the special aircraft jurisdiction of the United States or any civil aircraft used, operated or employed in interstate, overseas, or foreign air commerce."

At first glance, the law appears primarily focused on manned aircraft, including a provision that "makes it a Federal offense to commit an act of violence against any person on the aircraft, not simply crew members, if the act is likely to endanger the safety of the aircraft." In responding to the Arkansas drone shooting, however, the FAA asserts that such protections can be interpreted to also include UAVs (unmanned aerial vehicles). The language does, indeed, appear broad enough to cover drones. That means, in turn, that the penalties are potentially as stiff. The subject was revived after a 2020 incident in Minnesota. In that case, the suspect was hit with felony charges relating to criminal damage and discharging a weapon within city limits. Those would likely also be the charges in most scenarios involving property, rather than bodily damage, drone or not. Even with these examples, there is not a rigid rule that predicts if or when prosecutors might also introduce a federal charge like 18 U.S.C. 32.

As the legal blog Above the Law notes, in most cases, the federal government has deferred to state law for enforcement. Meanwhile, in most cases where 18 U.S.C. 32 has been applied, if a human crew/passengers are involved, there could be other potential charges like murder. It certainly can be argued that shooting a large piece of hardware out of the sky in a heavily populated area invites its own potential for bodily harm, though it may not be prosecuted in the same manner. As drone delivery increases in the U.S., however, we may soon have an answer to the role federal legislation like 18 U.S.C. 32 will play in UAV shootings. Adding that into the picture brings penalties, including fines and up to 20 years in prison, potentially compounding those consequences. What is clear, though, is that the consequences can be severe, whether it is invoked.

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