The Ninth Circuit Court of Appeals has almost entirely upheld a scathing April ruling that found Apple in willful violation of a 2021 injunction meant to open up iOS App Store payments in its long-running legal battle against Epic Games. A three-judge panel affirmed that Apple's 27% fee for developers using outside payment options had a "prohibitive effect" and that the company's design restrictions on external payment links were overly broad. The appeals court also agreed that Apple acted in "bad faith" by rejecting viable, compliant alternatives in internal discussions. One divergence from the lower court: the appeals court ruled that Apple should still be able to charge a "reasonable fee" based on its actual costs to ensure user security and privacy, rather than charging nothing at all. What qualifies as "reasonable" remains to be determined. Epic CEO Tim Sweeney told reporters he believes those fees should be "super super minor," on the order of "tens or hundreds of dollars" every time an iOS app update goes through Apple for review. "The Apple Tax is dead in the USA," he wrote on social media. Sweeney also alleged that a widespread "fear of retaliation" has kept many developers paying Apple's default 30% fees, claiming the company can effectively "ghost" apps by delaying reviews or burying them in search results.

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New York Governor Kathy Hochul on Thursday signed two bills aimed at regulating the use of AI in entertainment, requiring disclosure when ads feature AI-generated performers and mandating consent from heirs before a deceased person's likeness can be used commercially. Hochul described both measures as "first in the nation" policies during a signing ceremony at SAG-AFTRA's New York City offices. The first bill compels ad producers to disclose the use of synthetic performers, and the second requires companies to obtain consent from heirs or executors before using a person's name, image, or likeness for commercial purposes after their death. "We will have responsible AI policies in the state of New York," Hochul said. "It's a time where we do want to embrace innovation. But not to the detriment of people." The signing came the same day Disney announced a partnership allowing users of OpenAI's Sora to create clips featuring Marvel, Pixar, and Star Wars characters.

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Tourists from dozens of countries including the UK could be asked to provide a five-year social media history as a condition of entry to the United States, under a new proposal unveiled by American officials. From a report: The new condition would affect people from dozens of countries who are eligible to visit the US for 90 days without a visa, as long as they have filled out an Electronic System for Travel Authorization (ESTA) form. Since returning to the White House in January, President Donald Trump has moved to toughen US borders more generally - citing national security as a reason. Analysts say the new plan could pose an obstacle to potential visitors, or harm their digital rights. Asked whether the proposal could lead to a steep drop-off in tourism to the US, Trump said he was not concerned. "No. We're doing so well," the president said on Wednesday. "We just want people to come over here, and safe. We want safety. We want security. We want to make sure we're not letting the wrong people come enter our country."

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An anonymous reader quotes a report from the Guardian: A coalition of more than 230 environmental groups has demanded a national moratorium on new datacenters in the U.S., the latest salvo in a growing backlash to a booming artificial intelligence industry that has been blamed for escalating electricity bills and worsening the climate crisis. The green groups, including Greenpeace, Friends of the Earth, Food & Water Watch and dozens of local organizations, have urged members of Congress to halt the proliferation of energy-hungry datacenters, accusing them of causing planet-heating emissions, sucking up vast amounts of water and exacerbating electricity bill increases that have hit Americans this year. "The rapid, largely unregulated rise of datacenters to fuel the AI and crypto frenzy is disrupting communities across the country and threatening Americans' economic, environmental, climate and water security," the letter states, adding that approval of new data centers should be paused until new regulations are put in place. The push comes amid a growing revolt against moves by companies such as Meta, Google and Open AI to plow hundreds of billions of dollars into new datacenters, primarily to meet the huge computing demands of AI. At least 16 datacenter projects, worth a combined $64 billion, have been blocked or delayed due to local opposition to rising electricity costs. The facilities' need for huge amounts of water to cool down equipment has also proved controversial, particularly in drier areas where supplies are scarce. [...] At the current rate of growth, datacenters could add up to 44m tons of carbon dioxide to the atmosphere by 2030, equivalent to putting an extra 10m cars on to the road and exacerbating a climate crisis that is already spurring extreme weather disasters and ripping apart the fabric of the American insurance market. But it is the impact upon power bills, rather than the climate crisis, that is causing anguish for most voters, acknowledged Emily Wurth, managing director of organizing at Food & Water Watch, the group behind the letter to lawmakers. "I've been amazed by the groundswell of grassroots, bipartisan opposition to this, in all types of communities across the US," said Wurth. "Everyone is affected by this, the opposition has been across the political spectrum. A lot of people don't see the benefits coming from AI and feel they will be paying for it with their energy bills and water." "It's an important talking point. We've seen outrageous utility price rises across the country and we are going to lean into this. Prices are going up across the board and this is something Americans really do care about."

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"First the penny. Next, paper checks?" asks CNN: When the U.S. Mint stopped making pennies last month for the first time in 238 years, it drew a lot of attention. But there have been quiet moves to stop using paper checks as well. The government stopped sending out most paper checks to recipients as of the end of September, part of an effort to fully modernize federal benefits payments. And on Thursday the Federal Reserve put out a notice that suggested it is considering — but only considering — the "winding down" of checking services it now provides for banks. The central bank's statement said that as an alternative to winding down those services, it is mulling more investment in its check processing services, but noted that would come at a higher cost. But it is also considering not making any such investments, in order to keep costs roughly unchanged. That would lead to reduced reliability of those services going forward. "Over time, check use has steadily declined, digital payment methods have grown in availability and use, and check fraud has risen," said the notice from the Fed. "Also, the Reserve Banks will need to make substantial investments in their check infrastructure to continue providing the same level of check services going forward." A report from the Federal Reserve Bank of Atlanta in June found that as of last year, more than 90% of surveyed consumers said they prefer to use something other than a check for paying bills, and just 6% paid by check. That's a sharp drop from the 18% of bills paid by checks as recently as 2017. Consumers also reported they view checks as second-worst for convenience and speed of payment, ahead of only money orders. And they're ranked as the least secure form of any payment other than cash. But even if it's true that options such as direct deposit, automatic bill paying and electronic payment systems such as Venmo, PayPal and Zelle have all reduced the need for traditional checks, paper checks are still an important part of the payment system. They make up about 5% of transactions and represent 21% of the value of all those payments, according to a statement from Michelle Bowman, the Fed's vice chair for supervision, who dissented from the Fed's Thursday statement.

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New York has become the first state in the nation to enact a law requiring retailers to disclose when AI and personal data are being used to set individualized prices [non-paywalled source] -- a measure that lawyers say will make algorithmic pricing "the next big battleground in A.I. regulation." The law, enacted through the state budget, requires online retailers using personalized pricing to post a specific notice: "THIS PRICE WAS SET BY AN ALGORITHM USING YOUR PERSONAL DATA." The National Retail Federation sued to block enforcement on First Amendment grounds, arguing the required disclosure was "misleading and ominous," but federal judge Jed S. Rakoff allowed the law to proceed last month. Uber has started displaying the notice to New York users. Spokesman Ryan Thornton called the law "poorly drafted and ambiguous" but maintained the company only considers geographic factors and demand in setting prices. At least 10 states have bills pending that would require similar disclosures or ban personalized pricing outright. California and federal lawmakers are considering complete bans.

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Two former U.S. congressmen announced this week that they're launching two tax-exempt fundraising groups "to back candidates who support AI safeguards," reports The Hill, "as a counterweight to industry-backed groups." Former Representatives Chris Stewart (Republican-Utah) and Brad Carson (Democrat-Oklahoma) plan to create separate Republican and Democratic super PACs and raise $50 million to elect candidates "committed to defending the public interest against those who aim to buy their way out of sensible AI regulation," according to a press release... The pair is also launching a nonprofit called Public First to advocate for AI policy. Carson underscored that polling "shows significant public concern about AI and overwhelming voter support for guardrails that protect people from harm and mitigate major risks." Their efforts are meant to counter "anti-safeguard super PACs" that they argue are attempting to "kill commonsense guardrails around AI," the press release noted... The super PAC is reportedly targeting a Democratic congressional candidate, New York state Assemblymember Alex Bores, who co-sponsored AI legislation in the Albany statehouse. "This isn't a partisan issue — it's about whether we'll have meaningful oversight of the most powerful technology ever created," Chris Stewart says in their press release. "We've seen what happens when government fails to act on other emerging technologies. With AI, the stakes are enormous, and we can't afford to make the same missteps."

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USA : « Les pays qui subventionnent le droit à l'avortement, suivent des politiques favorables aux personnes transgenre, adoptent des lois antiracistes ou prennent des mesures anti-discriminatoires seront désormais considérés comme attentatoires aux droits de l'Homme par le Département d'État. »
Woao... c'est absolument dingue.
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