Monthly Archives: April 2021

News: Facebook faces ‘mass action’ lawsuit in Europe over 2019 breach

Facebook is to be sued in Europe over the major leak of user data that dates back to 2019 but which only came to light recently after information on 533M+ accounts was found posted for free download on a hacker forum. Today Digital Rights Ireland (DRI) announced it’s commencing a “mass action” to sue Facebook, citing

Facebook is to be sued in Europe over the major leak of user data that dates back to 2019 but which only came to light recently after information on 533M+ accounts was found posted for free download on a hacker forum.

Today Digital Rights Ireland (DRI) announced it’s commencing a “mass action” to sue Facebook, citing the right to monetary compensation for breaches of personal data that’s set out in the European Union’s General Data Protection Regulation (GDPR).

Article 82 of the GDPR provides for a ‘right to compensation and liability’ for those affected by violations of the law. Since the regulation came into force, in May 2018, related civil litigation has been on the rise in the region.

The Ireland-based digital rights group is urging Facebook users who live in the European Union or European Economic Area to check whether their data was breach — via the haveibeenpwned website (which lets you check by email address or mobile number) — and sign up to join the case if so.

Information leaked via the breach includes Facebook IDs, location, mobile phone numbers, email address, relationship status and employer.

Facebook has been contacted for comment on the litigation.

The tech giant’s European headquarters is located in Ireland — and earlier this week the national data watchdog opened an investigation, under EU and Irish data protection laws.

A mechanism in the GDPR for simplifying investigation of cross-border cases means Ireland’s Data Protection Commission (DPC) is Facebook’s lead data regulator in the EU. However it has been criticized over its handling of and approach to GDPR complaints and investigations — including the length of time it’s taking to issue decisions on major cross-border cases. And this is particularly true for Facebook.

With the three-year anniversary of the GDPR fast approaching, the DPC has multiple open investigations into various aspects of Facebook’s business but has yet to issue a single decision against the company.

(The closest it’s come is a preliminary suspension order issued last year, in relation to Facebook’s EU to US data transfers. However that complaint long predates GDPR; and Facebook immediately filed to block the order via the courts. A resolution is expected later this year after the litigant filed his own judicial review of the DPC’s processes).

Since May 2018 the EU’s data protection regime has — at least on paper — baked in fines of up to 4% of a company’s global annual turnover for the most serious violations.

Again, though, the sole GDPR fine issued to date by the DPC against a tech giant (Twitter) is very far off that theoretical maximum. Last December the regulator announced a €450k (~$547k) sanction against Twitter — which works out to around just 0.1% of the company’s full-year revenue.

That penalty was also for a data breach — but one which, unlike the Facebook leak, had been publicly disclosed when Twitter found it in 2019. So Facebook’s failure to disclose the vulnerability it discovered and claims it fixed by September 2019, which led to the leak of 533M accounts now, suggests it should face a higher sanction from the DPC than Twitter received.

However even if Facebook ends up with a more substantial GDPR penalty for this breach the watchdog’s caseload backlog and plodding procedural pace makes it hard to envisage a swift resolution to an investigation that’s only a few days old.

Judging by past performance it’ll be years before the DPC decides on this 2019 Facebook leak — which likely explains why the DRI sees value in instigating class-action style litigation in parallel to the regulatory investigation.

“Compensation is not the only thing that makes this mass action worth joining. It is important to send a message to large data controllers that they must comply with the law and that there is a cost to them if they do not,” DRI writes on its website.

It also submitted a complaint about the Facebook breach to the DPC earlier this month, writing then that it was “also consulting with its legal advisors on other options including a mass action for damages in the Irish Courts”.

It’s clear that the GDPR enforcement gap is creating a growing opportunity for litigation funders to step in in Europe and take a punt on suing for data-related compensation damages — with a number of other mass actions announced last year.

In the case of DRI its focus is evidently on seeking to ensure that digital rights are upheld. But it told RTE that it believes compensation claims which force tech giants to pay money to users whose privacy rights have been violated is the best way to make them legally compliant.

Facebook, meanwhile, has sought to play down the breach it failed to disclose in 2019 — claiming it’s ‘old data’ — a deflection that ignores the fact that people’s dates of birth don’t change (nor do most people routinely change their mobile number or email address).

Plenty of the ‘old’ data exposed in this latest massive Facebook leak will be very handy for spammers and fraudsters to target Facebook users — and also now for litigators to target Facebook for data-related damages.

News: Pakistan temporarily blocks social media

Pakistan has temporarily blocked several social media services in the South Asian nation, according to users and a government-issued notice reviewed by TechCrunch. In an order titled “Complete Blocking of Social Media Platforms,” the Pakistani government ordered Pakistan Telecommunication Authority to block social media platforms including Twitter, Facebook, WhatsApp, YouTube, and Telegram from 11am to

Pakistan has temporarily blocked several social media services in the South Asian nation, according to users and a government-issued notice reviewed by TechCrunch.

In an order titled “Complete Blocking of Social Media Platforms,” the Pakistani government ordered Pakistan Telecommunication Authority to block social media platforms including Twitter, Facebook, WhatsApp, YouTube, and Telegram from 11am to 3pm local time (06.00am to 10.00am GMT) Friday.

The move comes as Pakistan looks to crackdown against a violent terrorist group and prevent troublemakers from disrupting Friday prayers congregations following days of violent protests.

Earlier this week Pakistan banned the Islamist group Tehrik-i-Labaik Pakistan after arresting its leader, which prompted protests, according to local media reports.

An entrepreneur based in Pakistan told TechCrunch that even though the order is supposed to expire at 3pm local time, similar past moves by the government suggests that the disruption will likely last for longer.

Though Pakistan, like its neighbor India, has temporarily cut phone calls access in the nation in the past, this is the first time Islamabad has issued a blanket ban on social media in the country.

Pakistan has explored ways to assume more control over content on digital services operating in the country in recent years. Some activists said the country was taking extreme measures without much explanations.

What kind of national emergency we are dealing with that govt banned entire social media temporarily? These arbitrary decisions of blocking and banning have never done any good instead opened ways to blanket bans.

— Nighat Dad (@nighatdad) April 16, 2021

News: Oxbotica raises $13.8M from Ocado to build autonomous vehicle tech for the online grocer’s logistics network

Ocado, the UK online grocer that has been making strides reselling its technology to other grocery companies to help them build and run their own online ordering-and-delivery operations, is making an investment today into what it believes will be the next chapter of how that business will grow: it is taking a £10 million ($13.8

Ocado, the UK online grocer that has been making strides reselling its technology to other grocery companies to help them build and run their own online ordering-and-delivery operations, is making an investment today into what it believes will be the next chapter of how that business will grow: it is taking a £10 million ($13.8 million) stake in Oxbotica, a UK startup that develops autonomous driving systems.

Ocado is treating this as a strategic investment to develop AI-powered, self-driving systems that will work across its operations, from vehicles within and around its packing warehouses through to the last-mile vehicles that deliver grocery orders to people’s homes. It says it expects the first products to come out of this deal — most likely in closed environments like warehouses rather than open streets — to be online in two years.

“We are excited about the opportunity to work with Oxbotica to develop a wide range of autonomous solutions that truly have the potential to transform both our and our partners’ CFC [customer fulfillment centers] and service delivery operations, while also giving all end customers the widest range of options and flexibility,” said Alex Harvey, chief of advanced technology at Ocado, in a statement.

The investment is coming as an extension to Oxbotica’s Series B that it announced in January, bringing the total size of the round — which was led by bp ventures, the investing arm of oil and gas giant bp, and also included BGF, safety equipment maker Halma, pension fund HostPlus, IP Group, Tencent, Venture Science and funds advised by Doxa Partners — to over $60 million.

The timing of the news is very interesting. It comes just one day (less than 24 hours in fact) after Walmart in the US took a stake in Cruise, another autonomous tech company, as part of recent $2.75B monster round.

Walmart owns one of Ocado’s big competitors in the UK, ASDA; and Ocado has made its first forays into the US, by way of its deal to power Kroger’s online grocery business, which went live this week, too. So it seems that competition between these two is heating up on the food front.

More generally, there has been a huge surge in the world of online grocery order and delivery services in the last year. Earlier movers like online-only Ocado, Tesco in the UK (which owns both physical stores and online networks), and Instacart in the US have seen record demand, but they have also been joined by a lot of competition from well-capitalized newer entrants also keen to seize that opportunity, and bringing different approaches (next-hour delivery, smaller baskets, specific products) to do so.

In Ocado’s home patch of Europe, other big names looking to extend outside of their home turfs include Oda (formerly Kolonial); Rohlik out of the Czech Republic (which in March bagged $230 million in funding); Everli out of Italy (formerly called Supermercato24, it raised $100 million); Picnic out of the Netherlands (which has yet to announce any recent funding but it feels like it’s only a matter of time given it too has publicly laid out international ambitions). Even Ocado has raised huge amounts of money to pursue its own international ambitions. And that’s before you consider the nearly dozens of next-hour, smaller bag grocery delivery plays.

A lot of these companies will have had a big year last year, not least because of the pandemic and how it drove many people to stay at home, and stay away from places where they might catch and spread the Covid-19 virus.

But now, the big question will be how that market will look in the future as peoples go back to “normal” life.

As we pointed out earlier this week, Ocado has already laid out how demand is lower, although still higher than pre-pandemic times. And indeed, the new-new normal (if we can call it that) may well see the competitive landscape tighten some more.

That  could also be one reason why companies like Ocado are putting more money into working on what might be the next generation of services: one more efficient and run purely (or at least mostly) on technology.

The rationale of forking out big for autonomous tech, which is still largely untested and very, very expensive technology, to save money is a long-term play. Logistics today accounts for some 10% of the total cost of a grocery delivery operation. But that figure goes up when there is peak demand or anything that disrupts regularly scheduled services.

My guess is also that with all of the subsidized services that are flying about right now, where you see free deliveries or discounts on groceries to encourage new business — a result of the market getting so competitive — those logistics have bled into being an even bigger cost.

So it’s no surprise to see the biggest players in this space looking at ways that it might leverage advances in technology to cut those costs and speed up how those operations work, even if it’s just a promise of discounts in years, not weeks. Of course investors might see it otherwise if that doesn’t go to plan.

In addition to this collaboration with Oxbotica, Ocado continues to seek further investments and/or partnerships as it grows and develops its autonomous vehicle capabilities.

Notably, Oxbotica and Ocado are not strangers. They started to work together on a delivery pilot back in 2017. You can see a video of how that delivery service looks here:

 

“This is an excellent opportunity for Oxbotica and Ocado to strengthen our partnership, sharing our vision for the future of autonomy,” said Paul Newman, co-founder and CTO of Oxbotica, in a statement. “By combining both companies’ cutting-edge knowledge and resources, we hope to bring our Universal Autonomy vision to life and continue to solve some of the world’s most complex autonomy challenges.”

But as with all self-driving technology — incredibly complex and full of regulatory and safety hurdles — we are still fairly far from full commercial systems that actually remove people from the equation completely.

“For both regulatory and complexity reasons, Ocado expects that the development of vehicles that operate in low-speed urban areas or in restricted access areas, such as inside its CFC buildings or within its CFC yards, may become a reality sooner than fully-autonomous deliveries to consumers’ homes,” Ocado notes in its statement on the deal. “However, all aspects of autonomous vehicle development will be within the scope of this collaboration. Ocado expects to see the first prototypes of some early use cases for autonomous vehicles within two years.”

We’re speaking to Ocado and Oxbotica shortly and will update this post with more from that.

News: All the tech crammed into the 2022 Mercedes-Benz EQS

Mercedes-Benz lifted the final veil Thursday on its flagship EQS sedan after weeks of teasers, announcements and even a pre-production drive that TechCrunch participated in. The company peeled off the camouflage of the EQS — the electric counterpart to the Mercedes S Class — and revealed an ultra-luxury and tech-centric sedan. The exterior is getting

Mercedes-Benz lifted the final veil Thursday on its flagship EQS sedan after weeks of teasers, announcements and even a pre-production drive that TechCrunch participated in. The company peeled off the camouflage of the EQS — the electric counterpart to the Mercedes S Class — and revealed an ultra-luxury and tech-centric sedan.

The exterior is getting much of the attention today; but it’s all of the tech that got ours from the microsleep warning system and 56-inch hyperscreen to the monster HEPA air filter and the software that intuitively learns the driver’s wants and needs. There is even a new fragrance called No.6 MOOD Linen and is described as “carried by the green note of a fig and linen.”

“There is not one thing because this car is 100 things,” Ola Kaellenius, the chairman of the board of management of Daimler AG and head of Mercedes-Benz, told TechCrunch in an interview the morning of the EQS launch. “And it’s those 100 little things that make the difference and that makes a Mercedes, a Mercedes.”

Mercedes is betting that the tech coupled with performance and design will attract buyers. This is a high-stakes game for Mercedes. The German automaker is banking on a successful rollout of the EQS in North America that will erase any memory of its troubled — and now nixed — launch of the EQC crossover in the United States.

Quick nuts and bolts

Before diving into the all the techy bells and whistles, here are the basics. The EQS is the first all-electric luxury sedan under the automaker’s new EQ brand. The first models being introduced to the U.S. market will be the EQS 450+ with 329 hp and the EQS 580 4MATIC with 516 hp. Mercedes didn’t share the price of these models. It did provide a bevy of other details on its performance, design and range.

The EQS that will be available in the U.S. has a length that is a skosh over 17 feet, precisely 205.4 inches long, which is the Goldilocks equivalent to the Mercedes S Class variants.

Mercedes-EQS

Mercedes EQS 580 4MATIC

The vehicle has a co-efficient drag of 0.202, which sneaks below Tesla’s Model S and the upcoming Lucid Motors Air, making its the most aerodynamic production car in the world. All EQS models have an electric powertrain at the rear axle. The EQS 580 4MATIC also has an electric powertrain at the front axle, giving it that all-wheel drive capability. The EQS generates between 329 hp and 516 hp, depending on the variant. Mercedes said a performance version is being planned that will have up to 630 hp. Both the EQS 450+ and the EQS 580 4MATIC have a top speed of 130 miles per hour. The EQS 450+ will have a 0 to 60 mph acceleration time of 5.5 seconds while its more powerful sibling will be able to achieve that speed in 4.1 seconds.

The EQS will have two possible batteries to choose from, although Mercedes has only released details of one. The heftiest configuration of the EQS has a battery with 107.8 kWh of usable energy content that can travel up 478 miles on a single charge under the European WLTP estimates. The EPA estimates, which tend to be stricter, will likely fall below that figure.

The vehicle can be charged with up to 200 kW at fast charging stations with direct current, according to Mercedes. At home or at public charging stations, the EQS can be charged with AC using the on-board charger.

Now onto some of the technological highlights within the vehicle.

ADAS

There are loads of driver assistance features in the EQS, which are supported by a variety of sensors such as ultrasound, camera, radar and lidar that are integrated into the vehicle. Adaptive cruise, the ability to adjust the acceleration behavior, lane detection and automatic lane changes as well as steering assist helps the driver to follow the driving lane at speeds up to 130 mph are some of the ADAS features. The system also recognizes signposted speed limits, overhead frameworks and signs at construction zones and includes warnings about running a stop sign and a red light.

Another new feature is the micro-sleep warning function, which becomes active once the vehicle reaches speeds over 12 mph. This feature works by analyzing the driver’s eyelid movements through a camera on the driver’s display, which is only available with MBUX Hyperscreen.

There are several active assist features that will intervene if needed. An active blind spot assist can give a visual warning of potential lateral collisions in a speed range from around 6 mph to 124 mph. However, if the driver ignores the warnings and still initiates a lane-change, the system can take corrective action by one-sided braking intervention at the last moment if the speed exceeds 19 mph, Mercedes said. The feature remains active even while parked and will warn against exiting if a vehicle or cyclist is passing nearby.

There is also an active emergency stop assist feature that will brake the vehicle to a standstill in its own lane if the sensors and software recognizes that the driver is no longer responding to the traffic situation for a longer period. The brakes are not suddenly applied. If the driver is unresponsive, it begins with an acoustic warning and a visual warning appears in the instrument cluster. Those warnings continue as the vehicle starts to slowly decelerate. Hazard lights are activated and the driver’s seatbelt is briefly tensioned as a haptic warning. The final step is what Mercedes describes as a “short, strong brake jolt” as an additional warning followed by the car decelerating to a standstill, with an optional single lane change if necessary.

Mercedes is also offering the option of DRIVE PILOT, which is an SAE Level 3 conditional automated driving system feature. This would allow hands free driving. Regulations in Europe prevent that level of automation to be deployed in production vehicles on public roads. However,  Kallenius told media in Germany on Thursday that the company is on “on the verge of trying to certify the first volume production car Level 3 system in Germany in the second half of this year,” Automotive News Europe reported.

The car that learns

Many of the technological gee-whiz doodads in the EQS tie back to an underlying AI that is designed to learn the driver’s behavior. That is achieved through software and a dizzying number of sensors. Mercedes said that depending on the equipment, the EQS will have up to 350 sensors that are used to record distances, speeds and accelerations, lighting conditions, precipitation and temperatures, the occupancy of seats as well as the driver’s blink of an eye or the passengers’ speech.

The sensors capture information, which is then processed by electronic control units (computers) and software algorithms then take over to make decisions. TechCrunch automotive reviewer Tamara Warren noticed the vehicle’s ability to learn her preference during a half day with the EQS.

Mercedes ran through a number of examples of how these sensors and software might work together, including an optional driving sound that is interactive and reacts to different parameters such as position of the accelerator pedal, speed or recuperation.

The intuitive learning is mostly apparent through interactions with the MBUX infotainment system, which will proactively show the right functions for the user at the right time. Sensors pick up on change in the surroundings and user behavior and will react accordingly. Mercedes learned from data collected from the first-generation MBUX, which debuted in the 2019 Mercedes A Class, and found most of the use cases fall in the Navigation, Radio/Media and Telephone categories.

That user data informed how the second-generation MBUZ, and specifically the one in the EQS, is laid out. For instance, the navigation app is always in the center of the visual display unit.

2022_Mercedes_EQS__79

Image Credits: Mercedes-Benz

The MBUX uses a natural language processing and so drivers can always use their voice to launch a radio station or control the climate. But Mercedes is really pushing the EQS’ intuitive learning capabilities. This means that as a driver uses the vehicle, items that might be typically buried in the menu will appear up front, or offered up depending on the time or even location of the vehicle.

“The car gets to know you as a person and your preferences and what you do,” said Kaellenius. “It’s almost like it serves up the option that you want to do next, before you even think about it you get.”

“You get a pizza delivered before you even get hungry,” Kaellenius said, jokingly. “That phenomenal in terms of intuition.”

According to Mercedes there are more than 20 other functions such as birthday reminders that are automatically offered with the help of artificial intelligence when they are relevant to the customer. These suggestion modules, which are displayed on the zero-layer interface, are called “Magic Modules.” Here is how it might work: if the driver always calls a particular friend ore relative on the way home on certain evenings, the vehicle will deliver a suggestion regarding this particular call on this day of the week and at this time. A business card will appear with their contact information and – if this is stored – their photo, Mercedes said. All the suggestions from MBUX are coupled with the logged-in profile of the user. This means that if someone else drives the EQS on that same evening, with their own profile logged-in, this recommendation is not displayed.

If a driver always listens to a specific radio program on their commute home, this suggestion will be displayed or if they regularly use the hot stone massage, the system will automatically suggest the comfort function in colder temperatures.

This also applies to the vehicle’s driving functions. For example, the MBUX will remember if the driver has a steep driveway or passes over the same set of speed bumps entering their neighborhood. If the vehicle approaches that GPS position, the MBUX will suggest raising the chassis to offer more ground clearance.

Health and wellness

Remember those sensors? There’s a way for drivers to take it a step further and link their smartwatch — Mercedes-Benz vivoactive 3, the Mercedes-Benz Venu or another compatible Garmin — to the vehicle’s so-called energizing coach. This coach responds to the user’s behavior and will offer up one of several programs such as “freshness,” “warmth,” “vitality,” or “joy” depending on the individual. Via the Mercedes me App, the smartwatch sends vital data of the wearer to the coach, including pulse rate, stress level and sleep quality. The pulse rate recorded by the integrated Garmin wearable is shown in the central display.

What does this all mean in practice? Depending on the user’s wants and the AI system’s understanding of what he or she wants, the lighting, climate, sound and seating might change. This is, of course, all integrated with the voice assistant ‘Hey Mercedes’ so drivers can simply make a statement to trigger the program they want.

If the driver says “I am stressed,” the Joy program will be launched. If the driver says “I’m tired,” they are then prompted to take a break the Vitality program.

Mercedes S Class owners might already be familiar with these options, although the automaker notes that EQS builds on the system. There are now three new energizing nature programs called forest glade, sounds of the sea and summer rain as well as training and tips options. Each program launches different and immersive sounds, which created in consultation with the acoustic ecologist Gordon Hempton. For instance, “forest glade” will deliver a combination of birdsong, rustling leaves and a gentle breeze. The program is rounded off by warm music soundscapes and subtle fragrance.

Sounds of the Sea will produce soft music soundscapes, wave sounds and seagull sounds. Blasts of air from the air conditioning system completes the effect. Meanwhile “summer rain” offers up sounds of raindrops on leafy canopies, distant thunder, pattering rain and ambient music soundscapes.

2022_Mercedes_EQS__64

Image Credits: Mercedes-Benz

For those long drives which require a break, Mercedes added a power nap feature. Once power nap is selected (and no never when driving), the program runs through three phases: falling asleep, sleeping, and waking up. The driver’s seat moves into a rest position, the side windows and panorama roof sunshade are close and the air ionization is activated. Soothing sounds and the depiction of a starry sky on the central display support falling asleep, according to Mercedes. Once it is time to wake up, a soundscape is activated, a fragrance is deployed and a brief active massage and seat ventilation begins. The seat raises and the sunshade in the roof liner opens.

Voice

As mentioned before the “Hey Mercedes” voice assistant uses natural language processing and can handle an array of requests. Mercedes said the assistant can now do more and certain actions such as accepting a phone call can be made without the activation keyword “Hey Mercedes.” The assistant can now explain vehicle functions.

The assistant can also recognize vehicle occupants by their voices. There is in fact individual microphones placed at each seating area within the vehicle. Once they have been learned, the assistant can access personal data and functions for that specific user.

The voice assistant in the EQS can also be operated from the rear, according to Mercedes.

These personal profiles are stored in the Cloud as part of “Mercedes me.” That means  the profiles can also be used in other Mercedes-Benz vehicles with the new MBUX generation. Security is built in and includes a PIN and then combines fingerprint, face and voice recognition to authenticate. This allows access to individual settings or verification of digital payment processes from the vehicle, the automaker said.

Screens and entertainment

Finally, yes the screens. All of the screens. The 56-inch hyperscreen gets the most attention, but there are screens throughout the EQS. What is important about them is how they communicate with each other.

The hyperscreen is actually three screens that sit under a common bonded glass cover and visually merge into one display. The driver display is 12.3 inches, the central display is 17.7 inches and front passenger display is 12.3 inches. The MBUX Hyperscreen is a touchscreen and also throws in haptic feedback and force feedback.

“Sometimes when I think about the first design and what we’ve actually done here, it’s like, ‘Are we mad to try to create a one meter 41 centimeters curved bonded glass, one piece in the car,” said Kaellenius. “The physical piece in its own right — It’s a piece of technological art.”

2022_Mercedes_EQS

Image Credits: Mercedes-Benz

A lot of attention was paid to the backseat because the EQS, like its S Class counterpart, are often used to chauffeur the owner. Mercedes won’t call this a rear-seat entertainment system and instead refers to it as multi seat entertainment system because everything is connected to each other.

Kaellenius explained that if a driver wants the two rear passengers to watch a different movie, a simple drag and swipe motion on the main screen will throw that new programming back to the rear. The passengers can also throw movies from left to right.

News: Sen. Wyden proposes limits on exportation of American’s personal data

Senator Ron Wyden (D-OR) has proposed a draft bill that would limit the types of information that could be bought and sold by tech companies abroad, and the countries it could be legally sold in. The legislation is imaginative and not highly specific, but it indicates growing concern at the federal level over the international

Senator Ron Wyden (D-OR) has proposed a draft bill that would limit the types of information that could be bought and sold by tech companies abroad, and the countries it could be legally sold in. The legislation is imaginative and not highly specific, but it indicates growing concern at the federal level over the international data trade.

“Shady data brokers shouldn’t get rich selling Americans’ private data to foreign countries that could use it to threaten our national security,” said Sen. Wyden in a statement accompanying the bill. They probably shouldn’t get rich selling Americans’ private data at all, but national security is a good way to grease the wheels.

The Protecting Americans’ Data From Foreign Surveillance Act would be a first step toward categorizing and protecting consumer data as a commodity that’s traded on the global market. Right now there are few if any controls over what data specific to a person — buying habits, movements, political party — can be sold abroad.

This means that, for instance, an American data broker could sell the preferred brands and home addresses of millions of Americans to, say, a Chinese bank doing investment research. Some of this trade is perfectly innocuous, even desirable in order to promote global commerce, but at what point does it become dangerous or exploitative?

There isn’t any official definition of what should and shouldn’t be sold to whom, the way we limit sales of certain intellectual property or weapons. The proposed law would first direct the secretary of Commerce to identify the data we should be protecting and to whom it should be protected against.

The general shape of protected data would be that which “if exported by third parties, could harm U.S. national security.” The countries that would be barred from receiving it would be those with inadequate data protection and export controls, recent intelligence operations against the U.S. or laws that allow the government to compel such information to be handed over to them. Obviously this is aimed at the likes of China and Russia, though ironically the U.S. fits the bill pretty well itself.

There would be exceptions for journalism and First Amendment-protected speech, and for encrypted data — for example storing encrypted messages on servers in one of the targeted countries. The law would also create penalties for executives “who knew or should have known” that their company was illegally exporting data, and creates pathways for people harmed or detained in a foreign country owing to illegally exported data. That might be if, say, another country used an American facial recognition service to spot, stop and arrest someone before they left.

If this all sounds a little woolly, it is — but that’s more or less on purpose. It is not for Congress to invent such definitions as are necessary for a law like this one; that duty falls to expert agencies, which must conduct studies and produce reports that Congress can refer to. This law represents the first handful of steps along those lines: getting the general shape of things straight and giving fair warning that certain classes of undesirable data commerce will soon be illegal — with an emphasis on executive responsibility, something that should make tech companies take notice.

The legislation would need to be sensitive to existing arrangements by which companies spread out data storage and processing for various economic and legal reasons. Free movement of data is to a certain extent necessary for globe-spanning businesses that must interact with one another constantly, and to hobble those established processes with red tape or fees might be disastrous to certain locales or businesses. Presumably this would all come up during the studies, but it serves to demonstrate that this is a very complex, not to say delicate, digital ecosystem the law would attempt to modify.

We’re in the early stages of this type of regulation, and this bill is just getting started in the legislative process, so expect a few months at the very least before we hear anything more on this one.

News: Twitter bans James O’Keefe of Project Veritas over fake account policy

Twitter has banned right-wing provocateur James O’Keefe, creator of political gotcha video producer Project Veritas, for violating its “platform manipulation and spam policy,” suggesting he was operating multiple accounts in an unsanctioned way. O’Keefe has already announced that he will sue the company for defamation. The ban, or “permanent suspension” as Twitter calls it, occurred

Twitter has banned right-wing provocateur James O’Keefe, creator of political gotcha video producer Project Veritas, for violating its “platform manipulation and spam policy,” suggesting he was operating multiple accounts in an unsanctioned way. O’Keefe has already announced that he will sue the company for defamation.

The ban, or “permanent suspension” as Twitter calls it, occurred Thursday afternoon. A Twitter representative said the action followed the violation of rules prohibiting “operating fake accounts” and attempting to “artificially amplify or disrupt conversations through the use of multiple accounts,” as noted here.

This suggests O’Keefe was banned for operating multiple accounts, outside the laissez-faire policy that lets people have a professional and a personal account, and that sort of thing.

But sharp-eyed users noticed that O’Keefe’s last tweet unironically accused reporter Jesse Hicks of impersonation, including an image showing an unredacted phone number supposedly belonging to Hicks. This too may have run afoul of Twitter’s rules about posting personal information, but Twitter declined to comment on this when I asked.

Supporters of O’Keefe say that the company removed his account as retribution for his most recent “exposé” involving surreptitious recordings of a CNN employee admitting the news organization has a political bias. (The person he was talking to had, impersonating a nurse, matched with him on Tinder.)

For his part O’Keefe said he would be suing Twitter for defamation over the allegation that he operated fake accounts. I’ve contacted Project Veritas for more information.

News: Daily Crunch: Google Earth gets an update

Google Earth gives users a new look at a changing planet, Facebook tests new business discovery features and Autodesk acquires Upchain. This is your Daily Crunch for April 15, 2021. The big story: Google Earth gets an update Google is describing this as Google Earth’s biggest update since 2017, though there’s really just one major

Google Earth gives users a new look at a changing planet, Facebook tests new business discovery features and Autodesk acquires Upchain. This is your Daily Crunch for April 15, 2021.

The big story: Google Earth gets an update

Google is describing this as Google Earth’s biggest update since 2017, though there’s really just one major addition: A time-lapse mode bringing together satellite photos from the past 37 years, in 3D.

Beyond just being a novel new feature, this mode can reveal how climate change has reshaped our planet. In fact, Google Earth now offers guided tours focused on forest change, urban growth, warming temperatures and more.

The tech giants

Facebook to test new business discovery features in US News Feed — Users will be able to tap on topics they’re interested in underneath posts and ads in their News Feed, allowing them to explore related content from businesses.

Autodesk acquires Upchain — Upchain is a Toronto-based startup that offers a cloud-based product life cycle management service.

Consumer groups and child development experts petition Facebook to drop ‘Instagram for kids’ plan — The letter was written by the Campaign for a Commercial-Free Childhood, an advocacy group that often leads campaigns against big tech and its targeting of children.

Startups, funding and venture capital

Polestar raises $500M from outside investors as EV market grows — This is the first external round for Volvo Car Group’s standalone electric performance brand.

Goldman Sachs leads $23M in funding for Brazilian e-commerce startup Olist — Olist connects small businesses to larger product marketplaces, helping entrepreneurs sell their products to a larger customer base.

Substack announces a $1M initiative to fund local journalists — The newsletter startup will fund independent writers creating local news publications.

Advice and analysis from Extra Crunch

Coinbase’s direct listing alters the landscape for fintech and crypto startups — In Alex Wilhelm’s view, Coinbase reaching a valuation north of $100 billion during its first day of trading was the biggest startup event of the year.

Billion-dollar B2B: cloud-first enterprise tech behemoths have massive potential — Dharmesh Thakker of Battery Ventures writes that a new class of cloud-first, enterprise-tech behemoths have the potential to reach $1 billion in ARR.

How startups can ensure CCPA and GDPR compliance in 2021 — It’s important to enact best data management practices before a legal situation arises.

(Extra Crunch is our membership program, which helps founders and startup teams get ahead. You can sign up here.)

Everything else

Detroit’s native son, billionaire Dan Gilbert, makes the case for his town — The Quicken Loans founder has poured at least $2.5 billion into rehabilitating buildings in the heart of the city.

Can the tech trade show return in 2021? — IFA promises “full-scale, real-life event” for Berlin in September, while MWC reels from the loss of marquee names.

Garry Kasparov launches a community-first chess platform — Kasparovchess will be a platform in which legendary chess players have free reign to share tips and tricks with players from various levels.

The Daily Crunch is TechCrunch’s roundup of our biggest and most important stories. If you’d like to get this delivered to your inbox every day at around 3pm Pacific, you can subscribe here.

News: Should Dell have pursued a more aggressive debt-reduction move with VMware?

The spin-out generates a large slug of cash Dell can use for debt relief, but could it have squeezed more money out of the deal?

When Dell announced it was spinning out VMware yesterday, the move itself wasn’t surprising; there had been public speculation for some time. But Dell could have gone a number of ways in this deal, despite its choice to spin VMware out as a separate company with a constituent dividend instead of an outright sale.

The dividend route, which involves a payment to shareholders between $11.5 billion and $12 billion, has the advantage of being tax-free (or at least that’s what Dell hopes as it petitions the IRS). For Dell, which owns 81% of VMware, the dividend translates to somewhere between $9.3 billion and $9.7 billion in cash, which the company plans to use to pay down a portion of the huge debt it still holds from its $58 billion EMC purchase in 2016.

Dell hopes to have its cake and eat it too with this deal: It generates a large slug of cash to use for personal debt relief while securing a five-year commercial deal that should keep the two companies closely aligned.

VMware was the crown jewel in that transaction, giving Dell an inroad to the cloud it had lacked prior to the deal. For context, VMware popularized the notion of the virtual machine, a concept that led to the development of cloud computing as we know it today. It has since expanded much more broadly beyond that, giving Dell a solid foothold in cloud native computing.

Dell hopes to have its cake and eat it too with this deal: It generates a large slug of cash to use for personal debt relief while securing a five-year commercial deal that should keep the two companies closely aligned. Dell CEO Michael Dell will remain chairman of the VMware board, which should help smooth the post-spinout relationship.

But could Dell have extracted more cash out of the deal?

Doing what’s best for everyone

Patrick Moorhead, principal analyst at Moor Insights and Strategies, says that beyond the cash transaction, the deal provides a way for the companies to continue working closely together with the least amount of disruption.

“In the end, this move is more about maximizing the Dell and VMware stock price [in a way that] doesn’t impact customers, ISVs or the channel. Wall Street wasn’t valuing the two companies together nearly as [strongly] as I believe it will as separate entities,” Moorhead said.

News: E-commerce investor Upper90 raises $55M for equity investments

It might be strange to hear this from a firm that just raised a $55 million equity fund, but the team at Upper90 would like to remind you that equity isn’t the only funding that’s available. Upper90 is led by CEO Billy Libby (former head of quantitative education sales at Goldman Sachs) and Chairman Jason

It might be strange to hear this from a firm that just raised a $55 million equity fund, but the team at Upper90 would like to remind you that equity isn’t the only funding that’s available.

Upper90 is led by CEO Billy Libby (former head of quantitative education sales at Goldman Sachs) and Chairman Jason Finger (co-founder of Seamless), and it was the first investor in both Thrasio and Clearbanc. The firm offers debt and equity funding, and it just closed a $195 million fund in December — but the fund announced today is Upper90’s first to be devoted purely to equity financing.

Finger said he and Libby have taken this combined approach because there are often predictable parts of an online business, where (for example) “if I’m doing some marketing, I know that $1 on Facebook will generate $8 of revenue.” In those cases, “equity is the most expensive way you can finance growth,” and he said it “really fundamentally bothered me that the founders and early investors who took a lot of the risks, dedicating their life on a 24/7 basis” would often end up owning a small percentage of the company.

That doesn’t mean debt is the only solution, but in Finger’s words, founders should stop seeing big equity rounds as “a badge of honor.” Instead, they can work with Upper90 to find the “optimal capital structure” combining both elements.

“Life isn’t binary,” he added. “Part of the reason we launched an equity fund in the [e-commerce] rollup sector is that equity is an important piece for you to get the highest quality lender — they’re going to want to know that there’s equity protection underneath their credit facility.”

He also suggested that making an equity investment turns Upper90 into a “long-term partner” for the companies it backs, freeing the team from being “purely focused on the returns related to our credit.”

As alluded to earlier, Libby and Finger see the e-commerce aggregation market as one that’s particularly well-suited to their approach. (Thrasio is perhaps the best-known startup rolling up Amazon sellers, while Clearbanc offers its own revenue-based financing to e-commerce and SaaS companies.)

“I always say: What’s new is old,” Libby told me. “If we had this conversation 15 years ago, we’d be talking about rolling up gyms and dry cleaners and smoothie shops […] The infrastructure that Amazon has developed allows people to be entrepreneurs in a week, so I think that we’re still extremely early in this trend. There are going to be so many more people starting their own store on Amazon.”

And eventually, he suggested Upper90 could take a similar approach in other industries: “A content creator who starts a YouTube channel is not that different than the Amazon store owner. Five years from now, we could be talk about, what’s the value of a subscriber on YouTube, what’s the value of an influencer’s following on Instagram, how can we bring some of that revenue forward?”

News: You can now pay for BART using an iPhone or Apple Watch

Good news, Bay Area! Apple Pay now works with Clipper cards. That means you can now use an iPhone or Apple Watch to pay for BART. Or Muni. Or Caltrain. Or the Ferry! Or (almost) any other transit-related thing you’d otherwise use the plastic Clipper card for. Clipper has a page outlining the Apple Pay

Good news, Bay Area! Apple Pay now works with Clipper cards.

That means you can now use an iPhone or Apple Watch to pay for BART. Or Muni. Or Caltrain. Or the Ferry! Or (almost) any other transit-related thing you’d otherwise use the plastic Clipper card for.

Clipper has a page outlining the Apple Pay setup process right here.

A few quick but important things to note:

  • Adding an existing Clipper card to an Apple Wallet apparently transfers the funds off that card. At that point, says Clipper, “your plastic card has been deactivated” — so it sounds like it won’t work as a physical backup card.
  • Some people will want to hang on to the plastic cards, regardless: Clipper notes that Bay Area bike share users and anyone using an RTC Discount Card will need to keep the plastic card, even after its deactivated for transit use.
  • Clipper has previously confirmed that support is coming for Google Pay (Android) “this spring”, but today’s rollout seems to support Apple Pay only.

As noted back in February when this was first confirmed as on-the-way, Clipper works with Apple’s “Express Transit” feature. That’s just a fancy way to say that you can tap-to-pay with the digital Clipper card without first needing to punch in your phone’s PIN or using FaceID. On certain newer iPhones, it also lets you keep using the Clipper card for a few hours after your battery has died; a wonderful thing in a pinch, but probably not something you want to rely on regularly.

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