Start up: Safe Harbour’s failure, Google Photos grows, Android Doze, Theranos redux, and more


Guess what sort of things Facebook’s “M” assistant gets asked to do. Photo by PeterThoeny on Flickr.

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A selection of 10 links for you. Use them wisely. I’m charlesarthur on Twitter. Observations and links welcome.

The collapse of the US-EU Safe Harbor: solving the new privacy Rubik’s Cube » Microsoft on the Issues

Brad Smith, Microsoft’s chief legal officer:

On Oct. 6, the Court of Justice of the European Union struck down an international legal regime that over 4,000 companies have been relying upon not just to move data across the Atlantic, but to do business and serve consumers on two continents with over 800 million people.

The decision made clear what many have been advocating for some time: Legal rules that were written at the dawn of the personal computer are no longer adequate for an era with ubiquitous mobile devices connected to the cloud. In both the United States and Europe, we need new laws adapted to a new technological world.

As lawyers and officials scurry to assess the situation, it’s apparent that both a variety of smaller steps and a more fundamental long-term change will be needed. We need to focus on both of these aspects.

Haven’t seen a blogpost from Google on this. Have I missed it?
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Google Photos cloud storage service hits 100 million monthly users » Re/code

Mark Bergen:

Love for Google Photos inside the Googleplex overfloweth. At conferences, on earnings calls, in cocktail parties, Google execs shower praise on the cloud photo storage and sharing service it launched back in May. For good reason: It’s a simple, practical product that shows off Google’s machine learning prowess without any of the baggage of Google+, from which it was born.

And people are using it. On Tuesday, the search giant announced that Photos, in its first five months, has crossed 100 million monthly active users.

Google+: launched June 2011, claimed 100m users by September 2012. So this is faster – and surely a lot more engaging. Everyone loves their own photos, as opposed to everyone else’s opinions.
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Facebook M assistant’s top requests include restaurant suggestions and shopping help » TechCrunch

After an early report from The Information, Facebook provided official details on its M project in August. Built into Messenger, M lets users text in almost any request, from assistance with online chores to booking real-world services or making purchases on their behalf. Requests are currently fielded by a combination of Facebook workers and artificial intelligence.

The hope is that over time, the humans will teach the AI to do more and more complicated tasks on their own. If M succeeds and can be affordably rolled out, it could make people’s lives easier while strengthening their loyalty to Facebook Messenger amid intense competition between chat apps. Though if it’s too costly to scale, Facebook could burn a lot of money on the project.

M could potentially earn revenue itself by taking a margin on top of purchases or services booked for people. But the big opportunity is for Facebook to lock users further into its ecosystem where it makes ample money on News Feed ads. One day, Facebook could even sell ads that convince you to initiate an M request that involves an advertiser’s business.

Right now, Facebook tells me the No. 1 type of request is for restaurant suggestions and reservations. People might know their desired food type, distance, price range, or some quality they’re looking for in a restaurant, and M helps find them the one that fits and gets them a table.

Not so different from what Siri or Google Now or Cortana can do – “find me Mexican restaurants within three minutes’ walk.” Baby steps. But really interesting ones.
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Deutsche Telekom said to weigh new antitrust complaint against Google » The New York Times

Mark Scott:

Deutsche Telekom, which owns a controlling stake in T-Mobile US, the cellphone carrier, appears ready to get involved in Europe’s investigation into Google’s Android mobile software as well. Deutsche Telekom is expected to file a formal complaint with European competition authorities in the coming weeks, according to several people with direct knowledge of the discussions.

The complaint, which may be submitted by early November, focuses on whether Google uses its Android mobile operating system to unfairly promote its own products like Google Maps and online search over those of rivals, the people said. They would speak only on the condition of anonymity because they were not authorized to speak publicly.

This is separate from the search antitrust investigation (which is principally looking at desktop).
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Google will require OEMs to include unmodified Doze Mode in Android 6.0 » Android Police

Ryan Whitwam:

For years Android has struggled with battery life due to apps running in the background when they aren’t supposed to, and Marshmallow could finally put a stop to it. To make sure device makers play ball, Google’s Android 6.0 Compatibility Definition Document (CDD) explicitly requires Marshmallow phones to include Doze, and OEMs aren’t allowed to monkey around with it.

Doze mode is Google’s answer to the sometimes terrible standby time of Android devices. If a phone or tablet hasn’t been used for a while, the system goes into Doze mode—apps remain asleep and wakelocks are ignored. Important cloud message pings still get through and the device wakes up briefly on occasion to sync, but that’s it…

If you go into the power optimization settings in Android 6.0, you can see which apps are exempt from Doze. On stock Android that’s just Play Services and device manager, but Google will require OEMs to show users anything else they choose to exempt from Doze in that list. That doesn’t necessarily mean you’ll be able to remove the exemption, but you’ll at least know what’s been given special treatment.

It was all going so well until that last sentence. But good to see Google tightening up on this stuff; user experience counts.
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City AM becomes first UK newspaper to ban ad blocker users » The Guardian

Mark Sweney:

City AM is launching a trial from Tuesday that will blur out text of stories on cityam.com for desktop users of Firefox browsers who are detected using ad blocking software.

Readers will be encounter a message saying: “We are having trouble showing you adverts on this page, which may be a result of ad blocker software being installed on your device. As City AM relies on advertising to fund its journalism, please disable any adblockers from running on cityam.com to see the rest of this content.”

Martin Ashplant, the digital director at City AM, said about 8% of the site’s 1.2 million monthly browsers use Firefox on desktop and around 20% of those have ad blocking software installed.

The trial currently does not include any other browser types or non-desktop devices such as mobile phones and tablets.

Let’s see if we can guess: adblocker users will move to different browsers? Also, it’s doing this for 1.6% of its users – ie 19,200 people? Perhaps trying to get the thin end of the wedge in there.
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Theranos trouble: a first-person account » Monday Note

Jean-Louis Gassée tried them because he has some skin (well, blood) in the game:

It seems a Hungarian forebear passed down an errant JAK2 gene that trips bone marrow into polycythemia vera (PCV), a fancy name for “too many blood cells” — and potential clots, especially as one’s vessels degrade with age. There’s no cure, yet, but with frequent attention the treatment is simple: Hydroxyurea, an inexpensive 19th century urea derivative, slows bone marrow output.

In homage to my ancestor, I perform a decade-old routine, a stroll to Stanford Hospital’s Hematology Lab to give blood samples that are tested for Complete Blood Count (CBC) and Metabolites. My numbers haven’t fluctuated much since my last visit and the kind hematologist pronounces me “medically boring” (Pourvu que ça dure! ). Good for me: If the hematocrit (HCT) number crosses the 45% threshold, I get to meet the vampire and “donate” 500ml of blood. (After which this perfectly good pint of blood must be tossed. Regulations. Sigh…)

On my way back to my University Avenue office, a thought pops up: Why not try Theranos for comparison?

His experience is a tad worrying; the comments below the post from people in the lab/testing industry are pretty eye-opening too. You don’t come away thinking the noise around Theranos is nonsense.
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Some tech investors sure seem to be getting defensive lately … » Business Insider

Matt Rosoff with a well-argued counterpoint to the venture capitalists who – while lacking any detailed knowledge – complain about exposés such as the NYT’s on Amazon, or the WSJ’s on Theranos:

Journalists don’t set out to write takedowns of companies. But when a journalist begins investigating a company and finds something is amiss, and the story is well vetted and fairly reported, the venture community should welcome that reporting.

Because every faker, every charlatan, and every company whose product just isn’t good enough to win is taking money that could have been invested in other companies that have a better chance. 

(One more thing. Journalists are happy to hear companies defend themselves. But when a company refuses to share any data that could bolster its case, and refuses to let anything they say privately be used publicly — that’s “off the record” in journalism-speak — it’s awfully hard to take these defenses seriously.)

If you’re a journalist, you’ve surely had the latter experience. Rosoff’s piece really does need to be read in full.
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Intel has 1,000 people working on a chip for iPhone? Of course they do » DIGITS to DOLLARS

Jonathan Greenberg (who has a lot of valuable experience in the chip industry):

I would argue that Intel has a lot of levers they can pull to win Apple as a wireless customer. They can offer a bundled deal which includes processors for the MacBook, and even cut Apple a deal to serve as their foundry for future versions of Apple’s A-Series of processors. I have no idea if any of these will ever happen, but I want to point out that this is a complex negotiation environment.
And, of course, there is Apple itself to reckon with. The post makes a big deal about the fact that Apple hired a big team of people from Infineon, but that started years ago, and that team has been using Qualcomm modems for a long time. More intriguing is the idea that Apple just wants to license the modem software from Intel and then design their own chip. That rumor has been circling for a long time. And I think it is important to remember that. Apple wants to manage their suppliers for its own ends. They now have two foundry partners to fight over iPhone share. For the past few years Apple has had little choice but to use Qualcomm for modems, so it is only natural for them to want a second source. When (if?) Intel finally gets its LTE modem working, Apple will have that second source. My guess is that Apple really does not want to design its own modems. That requires a lot of labor intensive software work to keep up with those standards mentioned above.

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Tim Cook gets passionate about privacy at “The Wall Street Journal” tech conference » Fast Company

Harry McCracken:

The conversation was more fun when Cook spoke about the new Apple TV. He pushed back on Baker’s contention that the streaming box wasn’t much of a disruptor, and went on an entertaining rant against TV as it’s existed for decades. (“Why does a channel even exist? Think about it. My nephew asked me once, and I couldn’t even answer.”)

But the liveliest portion of the session by far involved privacy. It’s been a big talking point for Cook for a while now. And onstage, he got worked up talking about it in a way that was strikingly different from his normal, preternaturally calm, on-point manner.

“Privacy is a key value of our company,” Cook began, in a manner similar to his previous statements on the topic. “We think it will become increasingly important to more and more people over time as they realize that intimate parts of their lives are in the open and being used for all kinds of things.” He explained that Apple encrypts personal information and keeps it on your phone, drawing an unstated contrast with Google, whose fundamental business model involves storing personal data in the cloud where the company can slice it, dice it, and monetize it with advertising.

But when the discussion turned to government monitoring of the digital world—National Security Agency director Michael Rogers having preceded Cook onstage—Baker said there were basic tradeoffs between privacy and national security. And Cook didn’t buy it. “I don’t agree,” he said. “I think that’s a copout.”

Cook also objected to Baker’s what-if scenario involving a back door that would have let government agents override encrypted data and foil the 9/11 plot before it was carried out: “No one should have to decide, privacy or security. We should be smart enough to do both.”

That point about channels should have been in Cook’s introduction of the new Apple TV in September – except the answer is easy: it’s to give you a predictable experience, just as a newspaper does. Apple lacks a good storyteller at present. (You can read the liveblog on the WSJ Digits blog.)
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Start up: Facebook’s dwindling teens, Safe Harbour or balkanisation?, the privacy tsunami, and more


No, really, no difference. Move along there and find another story. Photo by Bob Jouy on Flickr.

A selection of 9 links for you. Soluble in alcohol. I’m charlesarthur on Twitter. Observations and links welcome.

Facebook is big, but big networks can fall » Bloomberg View

Megan McArdle:

Looking at the most recent Pew study on Internet usage among young people,  I see that 71% of teens use Facebook, with the median user having slightly less than 150 friends; 41% of them report that they use Facebook most often. But when I look at a similar Pew study from 2013, it looks to me as if 76 percent of teens were using Facebook, with a median number of 300 friends, and 81% of social media users reported that they used Facebook most often. If I were Facebook, those numbers would keep me awake at night – not because Facebook can’t survive with only 70% of the market, but because a network that is getting smaller and less valuable to its users is a network that is very vulnerable to disruption.

What’s actually astonishing is just how evanescent such strategic advantages have proven. Fifteen years ago, people worried that Microsoft’s network-effect advantages made it unstoppable; now it’s an also-ran in everything new-market except gaming consoles. The rotting corpses of old social media sites litter the landscape. And of course, finding a place to send Aunt Maisie that birthday telegram is getting darned hard.

She also makes a point about network effects: the thing about “all your photos are in Facebook” isn’t a network effect, but a switching cost – a quite different thing.
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Apple says battery performance of new iPhone’s A9 chips vary only 2-3% » TechCrunch

Matthew Panzarino:

In a statement to TechCrunch, Apple said that its own testing and data gathered from its customers after a few weeks with the device show that the actual battery life of both devices varies just 2-3%. That’s far, far too low to be noticeable in real-world usage.

With the Apple-designed A9 chip in your iPhone 6s or iPhone 6s Plus, you are getting the most advanced smartphone chip in the world. Every chip we ship meets Apple’s highest standards for providing incredible performance and deliver great battery life, regardless of iPhone 6s capacity, color, or model.

Certain manufactured lab tests which run the processors with a continuous heavy workload until the battery depletes are not representative of real-world usage, since they spend an unrealistic amount of time at the highest CPU performance state. It’s a misleading way to measure real-world battery life. Our testing and customer data show the actual battery life of the iPhone 6s and iPhone 6s Plus, even taking into account variable component differences, vary within just 2-3% of each other.

Though there have been a bunch of articles and videos about how much power one chip or the other uses, the tests have largely been what Apple calls ‘manufactured’. Basically, they are unrealistic machine-driven tests that do not and can not reflect real-world usage.

So this year’s iPhonegate lasted slightly less than 24 hours. Apple is even managing to balance supply and demand here too.
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EU Safe Harbour ruling a ‘nightmare’: Wikipedia founder » CNBC

Arjun Kharpal:

Jimmy Wales, the founder of Wikipedia, said the regulatory issues that could come with this might be a problem for some businesses.

“You want your data to be secure, you don’t really care or you shouldn’t have to care where it sits,” Wales told CNBC in an interview at IP EXPO Europe in London.

“If I’m in Europe I hope they are near me on a server in Europe, but other than that I want them to provide the best technical experience for me. And if they suddenly have all those requirements and have to keep certain pictures in certain places, it just sounds like a nightmare, so I like the idea of uniformity in the law so that we can all not worry about it.”

Wales added in a separate session with reporters that the ECJ ruling could lead to a “balkanized era where data has to be secure very specifically across many many different jurisdictions”.

Great point. So does this mean he’ll be lobbying the US to implement strong data protection rules that match those of Europe? I do hope so. I mean, that’s the best way to protect everyone’s interests, isn’t it, Mr Wales?
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Why is it so hard to convince people to care about privacy? » The Guardian

Cory Doctorow:

The only way to be sure you don’t leak data is to not collect or retain it, and Big Data’s hype and the cheapness of hard drives has turned every pipsqueak tech company into a Big Data packrat with a mountain of potentially toxic personal info on millions of people, all protected by a password that’s simple enough for a CEO to remember it.

Every week or two, from now on, will see new privacy disasters, each worse than the last. Every week or two, from now on, will see millions of people who suddenly wish there was more they could do to protect their privacy.

For privacy advocates in 2015, the job is clear: have a plan in your drawer. A plan: how to safeguard your privacy, how to understand your privacy, how to understand the breach. A plan that explains that your lack of security isn’t a fact of nature, it’s the result of conscious decisions made by people who were either hostile or indifferent to your wellbeing, who saved or made money through those decisions. A plan that shows you what you can do to keep you and yours safe – and whose head your should be demanding on a pike.

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Get AMP’d: Here’s what publishers need to know about Google’s new plan to speed up your website » Nieman Lab

Joshua Benton:

What’s it all mean for publishers?

As I said, AMP [Accelerated Mobile Pages] is full of terrific ideas. It really does speed up load times.

But that success comes with tradeoffs. For most publishers, you’re being asked to set up two parallel versions of your stories. (Unless you really think you won’t need to ever do anything outside what AMP allows on any page, which is unrealistic for most.) That takes significant time and resources. You’re being asked to set aside most or all of the ad tech and analytics that you use. You’re trading in open web standards for something built by Google engineers who, despite what I don’t doubt are the best of intentions, have incentives that don’t line up perfectly with yours. And you’re becoming an disempowered actor in a larger Silicon Valley battle over ad tech. (Google advocating something that blocks enormous slices of contemporary ad tech can’t be viewed in isolation from the fact Google is the dominant force in online advertising, and as interested as any company is in extending its power.)

And it’s yet another case of a technology company coming along to promise a better experience for users that takes one more bit of power away from publishers.

The fact that publishers’ interests aren’t exactly aligned with Google’s shouldn’t be overlooked. And Google’s interests aren’t aligned with third-party ad networks at all, except that they all want to serve up ads. (Meanwhile, iOS 9 content blockers still block ads on the AMP demo.)
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This is why Android Pay is asking you for a ‘Google Payments PIN’ when making purchases » Android Central

Andrew Martonik:

when you have a card from one of these supported banks (check the latest list from Google here) in Android Pay, it’s amazingly seamless to make payments. Just unlock your phone, tap the terminal and you just paid.

Confusingly, though, Android Pay actually lets you add unsupported cards to the app as well.

This is a hold over from the old days of Google Wallet, which had an entirely different system that worked without the cooperation of the banks. With Google Wallet, every time you made a transaction it actually made that purchase with a virtual prepaid debit card from “Bancorp Bank” and then that same amount was subsequently charged to your own bank. It was clunky, less secure and downright confusing to everyone involved — and the most annoying user-facing part of this system is the need for an extra PIN code to make a payment.

As Google Wallet hands the reigns over to Android Pay in this transition of mobile payments, this legacy system of using an unsupported card is actually still baked into Android Pay — though Google isn’t exactly promoting it as such. This is partially due to the fact that you can bring previously-used debit and credit cards from Google Wallet into Android Pay, and partially because Android Pay just doesn’t support that many banks yet — just 10 at the time of writing.

My first reaction was that this is a poor user experience; why make people who are new to Android Pay have to use a PIN? Then I realised that most Americans aren’t used to PINs for purchasing, and are just adjusting to chip-and-sign. So this might be faster. (The fact that you might have two cards, and one will require a PIN and one won’t, seems like bad design though.)
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Former Reuters journalist Matthew Keys found guilty of three counts of hacking » Motherboard

Sarah Jeong:

In 2010, Keys posted login credentials to the [his then former employer] Tribune Company content management system (CMS) to a chatroom run by Anonymous, resulting in the defacement of an LA Times article online. The defacement was reversed in 40 minutes, but the government argued the attack caused nearly a million dollars in damage…

…”This is not the crime of the century,” Segal said, adding that nonetheless Keys should not get away with his acts. At minimum, he may receive probation. Sentencing is scheduled for January 20, 2016.

Keys said he was disappointed with the verdict, and worried about the sentence affecting his ability to work. However, he also expressed his intention to appeal the conviction, and was optimistic it would be overturned.

Keys added that a few months after his first story about Anonymous, he was approached by the FBI, but Keys refused to allow them to scan his computer. He was indicted a couple of years later.

In order to be convicted under the CFAA, the damage had to exceed $5,000. The government claimed that Keys caused $929,977.00 worth of damage. During the trial, the defense tried to cast doubt on the total damages, claiming that the expenditures in response to the hack were not reasonable, and Tribune employees had grossly inflated the hours spent on incident response.

Lesson 1: change passwords ex-employees had access to. Lesson 2: don’t post passwords of companies that you used to work for on Anonymous chatboards.
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Will digital books ever replace print? » Aeon

Craig Mod used to read only ebooks (on Kindle) but now finds he has fallen out of love with it in favour of the physical form again:

Take for example the multistep process of opening a well-made physical edition. The Conference of the Birds (2009), designed by Farah Behbehani and published by Thames and Hudson, is a masterclass in welcoming the reader into the text.

The object – a dense, felled tree, wrapped in royal blue cloth – requires two hands to hold. The inner volume swooshes from its slipcase. And then the thing opens like some blessed walking path into intricate endpages, heavystock half-titles, and multi-page die-cuts, shepherding you towards the table of contents. Behbehani utilitises all the qualities of print to create a procession. By the time you arrive at chapter one, you are entranced.

Contrast this with opening a Kindle book – there is no procession, and often no cover. You are sometimes thrown into the first chapter, sometimes into the middle of the front matter. Wherein every step of opening The Conference of the Birds fills one with delight – delight at what one is seeing and what one anticipates to come – opening a Kindle book frustrates. Often, you have to swipe or tap back a dozen pages to be sure you haven’t missed anything.

Because the Kindle ecosystem makes buying books one-click effortless, it can be easy to forget about your purchases. Unfortunately, Kindle’s interface makes it difficult to keep tabs on those expanding digital libraries: at best, we can see a dozen titles at a time, all as inscrutably small book covers. Titles that fall off the first-page listing on a Kindle cease to exist. Compare that with standing in front of a physical bookshelf: the eye takes in hundreds of spines or covers at once, all equally at arm’s length. I’ve found that it’s much more effortless to dip back into my physical library – for inspiration or reference – than my digital library. The books are there. They’re obvious. They welcome me back.

The pile of unread books we have on our bedside tables is often referred to as a graveyard of good intentions. The list of unread books on our Kindles is more of a black hole of fleeting intentions.

The comparison of a bookshelf to the limited real estate on a screen is so important in many contexts: when we got into a supermarket or bookshop we can scan hundreds of items at once. How many on a screen when you don’t know what you’re searching for?
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Sony buys Belgian image sensor technology firm » Reuters

Ritsuko Ando:

Japan’s Sony Corp said it bought Belgian image sensor technology company Softkinetic Systems for an undisclosed sum, stepping up investment in an area that has become one of its strongest amid weak sales of its TVs and smartphones.

Softkinetic specializes in a type of technology that helps measure “time of flight”, or the time it takes for light to reflect off an object and return to an image sensor, Sony said.

Put like that, it sounds like “you’re measuring light round trips? Those are nanoseconds, right?”. Judging from the site, though, it’s more about location in 3D and general position sensing and mapping in domestic environments. So does this mean we’ll go to 3D photos next?
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