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Enlarge / Eric Trump, son of Republican presidential nominee Donald Trump, looks at wife Lara Yunaska's voting booth.Bloomberg / Getty Images News reader comments 105 Share this story Donald Trump's son, Eric Trump, tweeted out a picture of his own vote and then deleted it, technically a violation of New York state law.

Additionally, both Trump men were captured in photos or video violating the principle of ballot secrecy by seemingly checking out their wives’ ballots. Enlarge CNN As Ars reported last week, a federal judge in New York rejected plaintiffs’ attempts to halt an existing state and New York City law that bans the practice of a ballot selfie.

The judge wrestled with balancing First Amendment free speech rights against the public policy interest in keeping a secret ballot so that voting is not unduly influenced. “The absence of recent evidence of this kind of voter bribery or intimidation does not mean that the motivation to engage in such conduct no longer exists,” US District Judge P. Kevin Castel wrote. “Rather, it is consistent with the continued effectiveness of the New York statute.” The judge also found it a bit strange that the lawsuit was brought just 13 days before the November 8 election, “even though the statute has been on the books longer than anyone has been alive.” The judge also noted that smartphone cameras, and therefore the possibility of a ballot selfie, “have been prevalent since 2007.” Ballot selfies are legal in some states, including Washington, Oregon, Louisiana, and the District of Columbia.

And the issue has come up earlier this election season with high-profile ballot selfies coming from the likes of Justin Timberlake (or this reporter). While some states, like New Hampshire, have recently overturned laws preventing the practice, New York still bars such activity.
EnlargeLeland Bobbe / Getty Images News reader comments 74 Share this story Two federal judges in two separate cases on opposite sides of the country have denied efforts to legalize ballot selfies, just days before the presidential election. On Thursday, a federal judge in New York rejected plaintiffs’ attempts to halt an existing state and New York City law that bans the practice. The judge wrestled with balancing First Amendment rights and the public policy interest in keeping a secret ballot so that voting is not unduly influenced. “The absence of recent evidence of this kind of voter bribery or intimidation does not mean that the motivation to engage in such conduct no longer exists,” US District Judge P. Kevin Castel wrote. “Rather, it is consistent with the continued effectiveness of the New York statute.” The judge also found it a bit strange that the lawsuit was brought just 13 days before the November 8 election, “even though the statute has been on the books longer than anyone has been alive,” and that smartphone cameras “have been prevalent since 2007.” “A last-minute, judicially-imposed change in the protocol at 5,300 polling places would be a recipe for delays and a disorderly election, as well-intentioned voters either took the perfectly posed selfie or struggled with their rarely-used smartphone camera,” he continued. “This would not be in the public interest, a hurdle that all preliminary injunctions must cross.” Similarly, on Wednesday, a federal judge in California denied the American Civil Liberties Union’s attempt to impose a temporary restraining order on an already-overturned state law that forbids ballot selfies. The Golden State’s new law legalizing the practice does not take effect until January 1, 2017, so ballot selfies will remain illegal through the presidential election. Given that America conducts federal elections from the state and local level, the nation has no single election law. Instead, the US has a patchwork of ballot-selfie legality. In late September 2016, the 1st US Circuit Court of Appeals overturned a similar New Hampshire state law that banned the practice, calling it “facially unconstitutional.” That appellate decision, as it is in a different federal circuit, does not affect the rulings from New York and California. Still, it’s important to remember that if you really want to take a ballot selfie, it’s highly unlikely that you’ll be arrested or prosecuted—Justin Timberlake notwithstanding. (Case in point: according to the State of California, this reporter has already broken the law.)
Darrell Metcalf alleged that Justin Timberlake's FutureSex/LoveShow Tour, pictured here in Exhibit B, infringed on his patent for "large-audience displays."Court documents reader comments 3 Share this story It's getting easier than ever for defendants to win fees in patent cases, especially against "non-practicing entities" with no products.

But don't tell that to pop stars Justin Timberlake and Britney Spears. The two celebrities and their respective production companies were sued by an entity called Large Audience Displays Systems, LLC (or LADS for short) back in 2009. The patent-holder who came after them is Darrell Metcalf, the inventor of US Patent No. 6,669,346, which describes a way of displaying video images on massive, arced screens. Metcalf, who lives in California, set up an East Texas LLC called Large Audience Display Systems (or LADS for short) back in 2009, then sued the pop stars in that venue, along with the LA Lakers and the band Pussycat Dolls. The case was transferred to California in 2011.

The judge promptly put the case on hold at the defendants' request, while the patents were under reexamination at the US Patent Office. Ultimately, the office rejected all the patent claims. With that, lawyers for Timberlake and Spears unloaded on LADS, filing a motion (PDF) asking for $755,925.86 in attorneys' fees and costs.

According to the stars' lawyers, the patent-holder took "ridiculous positions" during the re-exam and engaged in "gamesmanship" with regard to disclosing relevant prior art. LADS was a "sham" constructed to manipulate the venue, they claimed. Metcalf, the patent-holder and owner of LADS, hadn't visited the Texas office or picked up the keys. Michael Niborski, one of the attorneys representing the two singers, wrote the following: [M]ail merely accumulated in the basement of the building where LADS claimed to have its business.

This case, it is crystal clear, was nothing but an attempt by Plaintiff to shake out a financial settlement from high-income celebrity entertainers, independent of the merits. Just two weeks after the briefing on the legal fees was complete, US District Judge Manuel Real granted the defendants' fee request in full.

According to his short, four-page order (PDF), "Plaintiff’s litigation tactics have cost both Defendants and this Court to expend time and resources regarding the resolution of what appears to have been a frivolous claim." Not so frivolous The US Court of Appeals for the Federal Circuit has put the singers' fees request on ice, for now.
In an opinion (PDF) published Thursday, a three-judge panel overturned Real.

According to the panel, Real had relied "on both a misunderstanding" of the relevant factors and "a clearly erroneous view of the record." The appeals panel was unimpressed with the venue arguments, and it pointed out that the East Texas court may have been able to assert jurisdiction over the pop stars and their wide-ranging national tours whether LADS was formed in the Texas venue or not.

And the fact that the patent claims were canceled by the PTO "without more, does not support a finding of frivolousness." The appeals judges also expressed concerns with the billing presented.

They noted that partners did 79 percent of the work on the defense case, including simple tasks like e-filing documents. "It appears, moreover, that at least some of the billing entries were unreasonable," they wrote. Timberlake and Spears, who are represented by the same team of attorneys, will have another shot at recouping their fees, if they want.

The case has been remanded back to Judge Real with instructions to consider the fees issue under the guidelines presented by the opinion. In 2014, the US Supreme Court decided the Octane Fitness case, which made getting fees in patent cases substantially easier. LADS dismissed its case against the Pussycat Dolls in 2010, without prejudice, meaning it can be re-filed.

The case against the Lakers was dismissed with prejudice in 2012.
Million dollar scam club flubs, cops get lion but no cubs The Russian ringleader of a carding group has pled guilty to selling US$1.6 million (£1.1 million, A$2.1 million) worth of tickets to major events, bought using credit cards stolen from StubHub accounts. Vadim Polyakov, 32, led a group that broke into StubHub accounts using the access to buy tickets to premiere music, sports, and theatre events. The group then sold those tickets for profit, some fetching US$1,000 (£683, A$1,337) each. Prosecutors say more than 1,000 StubHub accounts were compromised to purchase over 3500 tickets to events such as Justin Timberlake, Jay-Z, and Yankee Stadium. Polyakov was busted in 2014 while travelling in Spain and extradited to the US over protests from Moscow. "After investigating the receipts and transaction records of more than 1600 illegally accessed accounts, analysts in the DA’s Office were able to trace the exchanges to internet protocol addresses, PayPal accounts, bank accounts, and other financial accounts used and controlled by the suspects," Manhattan District Attorney Cyrus R.
Vance, Jr said at the time of the indictments. Hacked accounts held by the eBay company were thought accessed by exploiting poor password choices and a lack of two factor authentication. Users also reported that PayPal accounts once linked to StubHub allowed for future unverified purchases to be made.

Customers had to call Stubhub to have the two accounts disconnected. StubHub reimbursed affected customers. Nine other fraudsters were indicted but some are yet to be arrested. Three of the men charged by the US are from Russia, while the others are US residents who are alleged to have acted as ticket scalpers. New York has just done its bit to shut down ticketing scams by banning bot-buying, which would make it a lot harder to run something like the StubHub scam. ® Sponsored: Rise of the machines
Hopes Rocket Overloaded Flags Liability spurs adoption of DWF bug IDs AusCERT Security man David Jorm has started giving important bugs names, logos and even websites, because MITRE won't assign them Common Vulnerabilities and Exposures (CVE) numbers. CVE numbers are the tags assigned to bugs and are designed to help the security industry ensure that they're all fixing the same problem. Jorm, of Console and previously Red Hat, is not alone in being unable to gain CVE from US Government entity MITRE. His naming efforts are born out of frustration.

Dozens of security researchers, some famous and some obscure, tell El Reg reporter they struggle to secure CVEs from MITRE. Your correspondent is attending the AusCERT conference this week, and numerous researchers have complained of the problem. Yet researchers from prominent technology firms routinely report MITRE is responsive to their requests. Security types say a 2015 leadership change at MITRE is to blame, coupled with then-manual, email-based bug triage system simply being overwhelmed. Nevertheless MITRE accepts some of the blame for the backlog of CVEs and failure to assign the digits to important vulnerabilities. It launched then quickly scrapped a new triage system once hoped to fix the CVE allocation stall after The Register revealed problems with MITRE's CVE system. David Jorm.
Image: Darren Pauli, The Register. Those problems have seen big vulnerabilities going without CVE, while in multiple instances a researcher under the spoof account Justin Timberlake managed to get a CVE number for his deliberately faked and patently junk vulnerability for software that did not exist. Jorm (@djorm), like most security researchers, is dismissive of badged and bannered security vulnerabilities like Heartbleed, but has adopted the tactic in the hope it increases their prominence and therefore the likelihood of being awarded a CVE number. he also hopes to highlight MITGRE's flawed processes. "I am going to give every vulnerability that I have found a website, name, and a logo," Jorm told AusCERT today. "I have begun with Rocket Overloaded Flags Liability (ROFL) and PHWNED." His comedic endeavours are also a bid to draw researchers to the alternative model to MITRE, namely the Distributed Weakness Filing (DWF) project which is the creation of some industry types and MITRE board members. "The next time you find a bug, include the DWF ID number along with the CVE," Jorm urged. He also suggested loading the database of the scuppered but lauded Open Source Vulnerability Database into DWF could be a worthy effort for an interested hacker. ® Sponsored: Rise of the machines
Law enforcement authorities come together in a joint effort to nab suspects in the breach of more than 1,600 customer accounts. Authorities in the United States, the United Kingdom and Canada have made arrests of six individuals who are alleged to have breached accounts at eBay's ticket reseller StubHub. The breach was first discovered by StubHub in March 2013. StubHub identified that more than 1,600 of its user accounts had been compromised and that account holders' credit cards were used to fraudulently purchase tickets for various events, including a Justin Timberlake concert and New York Yankees baseball games. The attackers moved money and operated in the United States, the United Kingdom, Russia and Canada. One of the alleged attackers, Vadim Polyakov, was arrested in Spain by U.S. Secret Service agents working with Spanish authorities. The other defendants are New York resident Daniel Petryszyn, New Jersey residents Laurence Brinkmeyer and Bryan Caputo, and Russians Nokolay Matveychuk and Sergei Kirin. Charges against the defendants include identity theft, money laundering and grand larceny. "Cybercriminals know no boundaries—they do not respect international borders or laws," Manhattan District Attorney Cyrus R. Vance Jr. said in a statement. "Today's arrests and indictment connect a global network of hackers, identity thieves, and money-launderers who victimized countless individuals in New York and elsewhere." Vance added that the coordinated actions of law enforcement in the United States, the United Kingdom and Canada demonstrate what can be achieved through international cooperation. In a statement, StubHub stressed that its financial systems were not breached and the user accounts were taken over via other means. "Legitimate customer accounts were accessed by cyber criminals who had obtained the customers' valid login and password either through data breaches of other businesses, or through the use of key-loggers and/or other malware on the customers' PC," StubHub stated. The StubHub incident and arrest is seen by at least one security expert as yet another sign of the trouble with the current usage of passwords. Phil Dunkelberger, CEO of Nok Nok Labs, noted in an email to eWEEK that the fraudulent purchases made on StubHub using stolen usernames and passwords are just the latest example of one of the key problems in online security—password reuse. "When someone reuses a password across multiple sites, it is only as strong as the weakest link," Dunkelberger said. "By using the same password to access your local pizza delivery account as you use to access your bank account, or in this case your StubHub account, you can have serious implications for financial or other sensitive data." The risk of password reuse was also highlighted by Eric Cowperthwaite, vice president of Advanced Security and Strategy at Core Security. The fact that many individuals reuse the same passwords across multiple sites makes it easier for attackers to exploit those users. "People need to protect themselves and the companies they do business with by using unique, complex passwords on each system," Cowperthwaite stated. "It's especially important to make sure email and financial account passwords are different." Sean Michael Kerner is a senior editor at eWEEK and InternetNews.com. Follow him on Twitter @TechJournalist.
Actress Lily Collins may be gorgeous, talented, and have a famous rocker for a dad, but searching for her online can apparently lead your computer down a not-so-pretty path. September 18, 2013 12:32 PM PDT (Credit: McAfee) Celebrities can be rea...