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30 Jan 12:23

Amid Recall Crisis, Philips Agrees to Stop Selling Sleep Apnea Machines in the United States

by by Debbie Cenziper, ProPublica, and Michael D. Sallah, Pittsburgh Post-Gazette

by Debbie Cenziper, ProPublica, and Michael D. Sallah, Pittsburgh Post-Gazette

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Reeling from one of the most catastrophic recalls in decades, Philips Respironics said it will stop selling sleep apnea machines and other respiratory devices in the United States under a settlement with the federal government that will all but end the company’s reign as one of the top makers of breathing machines in the country.

The agreement, announced by Philips early Monday, comes more than two years after the company pulled millions of its popular breathing devices off the shelves after admitting that an industrial foam fitted in the machines to reduce noise could break apart and release potentially toxic particles and fumes into the masks worn by patients.

It could be years before Philips can resume sales of the devices, made in two factories outside Pittsburgh. The company said all the conditions of the multiyear consent decree — negotiated in the wake of the recall with the Department of Justice on behalf of the Food and Drug Administration — must be met first.

The move by a company that aggressively promoted its machines in ad campaigns and health conferences — in one case with the help of an Elvis impersonator — follows relentless criticism about the safety of the machines.

A ProPublica and Pittsburgh Post-Gazette investigation found the company held back thousands of complaints about the crumbling foam for more than a decade before warning customers about the dangers. Those using the machines included some of the most fragile people in the country, including infants, the elderly, veterans and patients with chronic conditions.

“It’s about time,” said Richard Callender, a former mayor in Pennsylvania who spent years using one of the recalled machines. “How many people have to suffer and get sick and die?”

Philips said the agreement includes other requirements the company must meet before it can start selling the machines again, including the marquee DreamStation 2, a continuous positive airway pressure, or CPAP, device heralded by Philips when it was unveiled in 2021 for the treatment of sleep apnea. The settlement, which is still being finalized, has to be approved by a court and has not yet been released by the government.

The FDA said it could not comment until the agreement is finalized and filed with the court. The DOJ could not be immediately reached for comment.

It remains unclear how the halt in sales will impact patients and doctors. The company’s U.S. market share for sleep apnea devices in 2020 was about 37% — behind only one competitor, medical device maker ResMed, according to an analysis by iData Research. Philips has dominated the market in ventilator sales, the data shows.

One global market report on Monday referred to the agreement as “very punitive” and noted, “It will be very difficult for Philips to recover its U.S Respironics market position.”

After the announcement, the company’s stock prices plunged by 7% in early trading.

Philips did not address the safety of the recalled devices in its announcement, but the company has previously said that new testing shows the foam causes no “appreciable harm” to patients. The FDA has challenged those claims, saying the company’s tests are not “adequate.”

The settlement comes just weeks after federal lawmakers called for an immediate criminal probe of Philips by the DOJ, and the Government Accountability Office, the investigative arm of Congress, said it will launch an inquiry of the FDA’s oversight of medical device recalls for the first time in years.

ProPublica and the Post-Gazette identified thousands of reported cases of cancer, respiratory illnesses and liver and kidney conditions among users of the recalled machines, as well as more than 370 reports of deaths.

The news organizations found that scientists inside Philips repeatedly raised concerns about the foam and that the company’s own testing called into question its safety claims.

The news organizations also reported that a new and different foam used in the DreamStation 2 and millions of other replacement machines sent out by Philips in the wake of the recall was found to emit dangerous chemicals as well, including formaldehyde, a known carcinogen. The company has said the new foam is safe, but scientists involved in the testing have again raised alarms and the FDA has said additional safety tests are still needed.

In its announcement, the company said it would provide ongoing service and parts for machines already in the hands of doctors and patients and continue selling its devices outside the United States subject to requirements in the agreement.

“Resolving the consequences of the Respironics recall for our patients and customers is a key focus area and I acknowledge and apologize for the distress and concern caused,” said Roy Jakobs, CEO of parent company Royal Philips. “We are fully committed to complying with the consent decree, which is an important step and provides a clear path forward.”

The announcement was the latest in a series of developments at Philips since the recall prompted a global health emergency that sent millions of patients scrambling to find replacement machines and assess the risk of long term exposure.

Philips has discontinued some of the recalled devices, including ventilators and, just last week, the widely promoted DreamStation Go, a portable CPAP.

In an online update and email to U.S. customers, Philips said the decision to pull the devices off the market in the United States was a “strategic” choice that “streamlined” its portfolio. The email reignited anger and frustration among patients and doctors.

“They used to be one of the most respected industry leaders,” said Dr. Radhika Breaden, a sleep medicine specialist in Oregon. “They have lost the trust of many of our sleep patients and many professionals in the sleep field.”

Michael Korsh of the Pittsburgh Post-Gazette contributed reporting.

Update, Jan. 29, 2024: This story has been updated with additional information provided by the FDA.

26 Jan 13:49

Popeyes goes dark, Cajun food on the way to the mall

by Store Reporter

For the second time in just over a year, Popeyes has mysteriously gone dark for several weeks at Westfield Montgomery mall. Last time, when the restaurant finally reopened, employees vaguely blamed the closing on “the kitchen” and “the fryer.” This time, we’re hearing the departure will be permanent. Meanwhile: Just around the corner, another New Orleans-style fast food chain is on the way to the Dining Terrace. Kelly’s Cajun Grill, specializing in bourbon chicken, is taking over the space next to Panda Express.

The post Popeyes goes dark, Cajun food on the way to the mall appeared first on Store Reporter.

25 Jan 22:42

The Pixel 8 Pro can now read body temps, if you swipe it across your face

by Ron Amadeo
  • Step 1: get the phone as close to your face as possible. [credit: Google ]

Most Pixel 8 Pro owners have probably forgotten that there's an infrared temperature sensor on the back of the phone next to the LED camera flash. But it's still there, and almost four months after launch, it's getting a new feature: body temperature measurement. The four-month hold-up is because body temperature sensors are regulated as medical devices, so Google needed FDA approval to enable the feature. The company has a blog post detailing the feature, which says: "In clinical trials, our software algorithm was able to calculate body temperature in the range of 96.9°F–104°F (36.1°C–40°C) to within ±0.3°C when compared with an FDA-cleared temporal artery thermometer. In layman's terms, this means the Pixel body temperature feature is about as accurate as other temporal artery thermometers." The feature only works in the US.

Like everything about the Pixel 8 Pro's temperature sensor, the basic feature idea sounds fine (if not several years late), but the execution leaves much to be desired. Google has a support page detailing how to use the body temperature sensor, and you'll need to slowly swipe the phone across your entire face over four seconds to get a reading. The sensor needs to be extremely close to your face to work; Google says it wants the phone "as close as possible to the skin without touching." If you wear glasses, you'll need to take them off, because the phone needs to be so close to your face it will hit them. If you manage all that, you'll get a body temperature reading that you can save to your Fitbit profile.

We found the temperature sensor to be the biggest negative mark in our Pixel 8 Pro review. I'm not entirely sure a well-executed temperature sensor would be a useful feature on a phone, but the Pixel 8's temperature sensor is just such a hassle to use. Besides forehead measuring, it can also check the temperature of objects, but it only has a range of two inches. There's also no camera feed or any targeting system to be sure of what you're measuring—you get a blank screen with a "measure" button, you press it, and a number appears. Temperature sensing also stops the instant it reads any single temperature—it's not continuous. All the user experience problems made the temperature sensor instantly forgettable. The body temperature addition isn't helping and feels like a feature that would be better suited for a smartwatch.

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25 Jan 12:39

Pixel phones are broken again with critical storage permission bug

by Ron Amadeo
Pixel phones are broken again with critical storage permission bug

Enlarge (credit: Aurich Lawson)

It's almost hard to believe this is happening again, but Pixel users are reporting that an OS update has locked them out of their phones' internal storage, causing app crashes, non-functional phones, and a real possibility of data loss. Over in the Google Pixel subreddit, user "Liv-Lyf" compiled a dozen posts that complain of an "internal storage access issue" and blame the January 2024 Google Play system update.

In October, Pixel phones faced a nightmare storage bug that caused bootlooping, inaccessible devices, and data loss. The recent post says, "The symptoms are all the same" as that October bug, with "internal storage not getting mounted, camera crashes, Files app shows no files, screenshots not getting saved, internal storage shows up empty in ADB Shell, etc." When asked for a comment, Google told Ars, "We're aware of this issue and are looking into it," and a Google rep posted effectively the same statement in the comments.

In the October bug, users were locked out of their system storage due to a strange permissions issue. Having a phone try to run without any user access to your own storage is a mess. It breaks the camera and screenshots because you can't write media. File Managers read "0 bytes" for every file and folder. Nothing works over USB, and some phones, understandably, just fail to boot. The issue in October arrived as part of the initial Android 14 release and only affected devices that had multiple users set up.

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24 Jan 20:31

Google’s Pixel 9 gets its first render, looks a lot like an iPhone

by Ron Amadeo
Google’s Pixel 9 gets its first render, looks a lot like an iPhone

Enlarge

If Google sticks to the usual cadence of device releases, the Google Pixel 9 will come out in around nine months. That's a long way away, but still not so far away that it can't be leaked: the ever-reliable Steve Hemmerstoffer, aka OnLeaks, has a set of Pixel 9 Pro renders up over at MySmartPrice. Usually, these renders are based on the CAD files that accessory designers need before they can begin making products, so while all the major components should be correct down to the millimeter, the materials, colors, and some small details may be speculative.

There are a lot of differences in these renders. First, the renders show a flat metal band around the sides, making it look a lot like an iPhone. Samsung also adopted this design for the Galaxy S24 and S24 Plus, so everyone seems to want to look just like their biggest rival. This allows the front and back of the phone to be completely flat slabs of glass, instead of the rounded glass back of the Pixel 8. The screen is also completely flat again.

The other major visible difference is the camera bar, which used to stretch from side to side across the back of the phone, but now is a floating bar that isn't connected to the sides. That makes the camera bar closer to the Pixel Fold design. The Pixel Fold camera bar was a rounded rectangle, but this is a full-on pill shape, which, in these renders, follows the shape of the camera glass cover. Besides the camera lenses, the bar has an LED flash and a second mystery sensor circle. On the Pixel 8, the circle under the LED is a temperature sensor. I feel like the temperature sensor has been either panned or forgotten about, so it wouldn't surprise me to see it cut, but the realities of the smartphone development cycle might make it too early for that.

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24 Jan 19:43

Avatar: The Last Airbender trailer has the element-bending action we crave

by Jennifer Ouellette

The Netflix live-action series Avatar: The Last Airbender will hit Netflix on February 22, 2024.

You know the premiere date for Netflix's live-action adaptation, Avatar: The Last Airbender, is drawing nigh because the streaming giant just released an official trailer featuring moments drawn from the original anime series and lots of snazzy element-bending action, plus several adorable shots of Appa. We have high hopes for this series.

As we reported previously, the original anime series was created by Michael Dante DiMartino and Bryan Konietzko. It was set in an Asian-inspired world where certain chosen individuals have the ability to telekinetically manipulate one of four elements (earth, air, water, and fire)—a practice known as "bending." Each generation, there is one Avatar who can bend all four elements and is thus responsible for maintaining harmony among the four elemental nations, as well as serving as a link between the physical and spirit worlds.

A 12-year-old Air Nomad boy named Aang is the current Avatar, but he hid in a state of suspended animation for a century because he was afraid of taking on that huge responsibility. Two Water Tribe siblings, Katara and Sokka, eventually revive Aang, who finds that the Fire Nation has wiped out most of the Air Nomads in his absence. Katara and Sokka join Aang, an airbender, on his quest to master bending each of the remaining three elements. Their mission is hampered by the banished Fire Nation Prince Zuko, who seeks to capture Aang to restore his honor with his father, Fire Lord Ozai, with the help of his uncle Iroh.

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24 Jan 19:02

Patreon: Blocking platforms from sharing user video data is unconstitutional

by Ashley Belanger
Patreon: Blocking platforms from sharing user video data is unconstitutional

Enlarge (credit: shaunl | E+)

Patreon, a monetization platform for content creators, has asked a federal judge to deem unconstitutional a rarely invoked law that some privacy advocates consider one of the nation's "strongest protections of consumer privacy against a specific form of data collection." Such a ruling would end decades that the US spent carefully shielding the privacy of millions of Americans' personal video viewing habits.

The Video Privacy Protection Act (VPPA) blocks businesses from sharing data with third parties on customers' video purchases and rentals. At a minimum, the VPPA requires written consent each time a business wants to share this sensitive video data—including the title, description, and, in most cases, the subject matter.

The VPPA was passed in 1988 in response to backlash over a reporter sharing the video store rental history of a judge, Robert Bork, who had been nominated to the Supreme Court by Ronald Reagan. The report revealed that Bork apparently liked spy thrillers and British costume dramas and suggested that maybe the judge had a family member who dug John Hughes movies.

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24 Jan 19:01

The White House has its own pharmacy—and, boy, was it shady under Trump

by Beth Mole
The White House seen in the early evening.

Enlarge (credit: Getty Images | Erik Pronske Photography)

The White House has its own pharmacy that, until recently, could perhaps best be described as a hot mess, according to a recent investigation report from the Department of Defense’s Office of the Inspector General.

For years, the White House Medical Unit, run by the White House Military Office, provided the full scope of pharmaceutical services to senior officials and staff—it stored, inventoried, prescribed, dispensed, and disposed of prescription medications, including opioids and sleep medications. However, it was not staffed by a licensed pharmacist or pharmacy support staff, nor was it credentialed by any outside agency.

The operations of this pseudo-pharmacy went as well as one might expect, according to the DoD OIG's alarming investigation report. The investigation was prompted by complaints in May 2018 alleging that an unnamed "senior military medical officer" was engaged in "improper medical practices." This resulted in the OIG's investigation, which included 70 interviews of military office officials who worked in the White House between 2009 and 2018 and covers the office's activity until early 2020. However, the investigation heavily focused on prescription drug records and care between 2017 and 2019 during the Trump administration.

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24 Jan 18:00

A new Supreme Court case threatens to take away your right to protest

by Ian Millhiser
Baton Rouge police rush a crowd of protesters and start making arrests on July 9, 2016, in Baton Rouge, Louisiana. | Photo by Mark Wallheiser/Getty Images

The Fifth Circuit has spent years harassing a civil rights activist, and they gutted much of the First Amendment in the process.

A renegade federal appeals court — one dominated by MAGA-aligned judges who routinely read the law in ways that even the current, very conservative Supreme Court finds untenable — has spent the last half-decade harassing DeRay Mckesson, a prominent civil rights activist and an organizer within the Black Lives Matter movement

As part of this crusade, two of the Fifth Circuit’s judges effectively eliminated the First Amendment right to organize a protest in a case known as Doe v. Mckesson.

Mckesson’s case has already been up to the Supreme Court once, and the justices strongly hinted in a 2020 opinion that the Fifth Circuit’s attacks on Mckesson’s First Amendment rights should end — labeling this case “fraught with implications for First Amendment rights.” But the Fifth Circuit did not take the hint, issuing a new opinion last July reaffirming its attack on First Amendment-protected political protests.

Now the case is before the Supreme Court again, and Mckesson’s lawyers want the justices to restore the First Amendment as fast as they possibly can.

 JC Olivera/Getty Images
Civil rights activist DeRay Mckesson accepts the Best Political Podcast award for Pod Save the People onstage during the 2020 iHeartRadio Podcast Awards at iHeartRadio Theater on January 17, 2020, in Burbank, California.

In 2016, Mckesson helped organize a protest near Baton Rouge’s police department building, following the fatal police shooting of Alton Sterling in that same Louisiana city. At some point during that protest, an unknown individual threw a rock or some other hard object at a police officer, identified in court documents by the pseudonym “Officer John Doe.”

Sadly, the object hit Doe and allegedly caused “injuries to his teeth, jaw, brain, and head, along with other compensable losses.”

There is no excuse for throwing a rock at another human being, and whoever did so should be held responsible for their illegal act, including serious criminal charges. But even Judge Jennifer Elrod, the author of the Fifth Circuit’s most recent opinion targeting Mckesson, admits that “it is clear that Mckesson did not throw the heavy object that injured Doe.”

Nevertheless, Doe sued Mckesson, claiming that, as the organizer of the protest where this injury occurred, Mckesson should be liable for the illegal action of an unidentified protest attendee. But that is simply not how the First Amendment works. The Supreme Court held in NAACP v. Claiborne Hardware (1982) that “civil liability may not be imposed merely because an individual belonged to a group, some members of which committed acts of violence.”

It should be obvious why protest leaders must not be held legally responsible for the actions of random protest attendees. No one will ever organize a political protest if they know that they could face financially devastating liability if a reckless or violent individual happens to show up.

Indeed, as Judge Don Willett, a Fifth Circuit judge who dissented from Elrod’s opinion, pointed out, Elrod’s approach could potentially force protest organizers to pay for “the unlawful acts of counter-protesters and agitators” who show up for the very purpose of undermining the protest organizer’s political goals. Under Elrod’s opinion, Mckesson could be held liable if the unknown rock-thrower turns out to be a member of the Ku Klux Klan who showed up for the very purpose of undermining the Black Lives Matter movement by associating them with violence.

In their petition to the Supreme Court, Mckesson’s attorneys make an audacious ask claiming that Elrod’s “decision is so ‘flatly contrary to this Court’s controlling precedent’ to be appropriate for summary reversal.”

A “summary reversal” is the judicial equivalent of a spanking. It means that the lower court’s decision was so erroneous that the justices decided to skip a full briefing or an oral argument in a case, and issue a permanent order overturning that lower court’s decision.

This process is rarely used, and it is distinct from the temporary orders the Court frequently hands down on its so-called shadow docket. The Supreme Court typically requires six justices to agree before summarily reversing another court’s decision.

Nevertheless, such a spanking is warranted in this case. Elrod’s opinion flouts exceedingly well-established First Amendment law. And it does so in a way that would make organized mass protests impossible, because anyone who tried to organize one would risk bankruptcy.

The Fifth Circuit’s Mckesson decision openly defies the First Amendment and the Supreme Court

To understand just how ridiculous Elrod’s decision is, and how egregiously she defies the Supreme Court’s caselaw, it’s helpful to start with the facts of the Claiborne case.

Like Mckesson, Claiborne involved a civil rights activist who organized a protest that allegedly included some violent individuals. In 1966, Charles Evers was the field secretary of the Mississippi chapter of the NAACP. In that role, he was the principal organizer of a boycott against white merchants in Claiborne County.

The Mississippi Supreme Court claimed that some of the individuals who joined this boycott also “engaged in acts of physical force and violence against the persons and property of certain customers and prospective customers” of these white businesses. Evers, meanwhile, allegedly did far more to encourage violence than DeRay Mckesson is accused of in his case. He allegedly gave a speech to potential customers at these stores, where he said that “if we catch any of you going in any of them racist stores, we’re gonna break your damn neck.”

The Supreme Court nonetheless held that this “emotionally charged rhetoric ... did not transcend the bounds of protected speech.” Claiborne also warned that courts must show “extreme care” before imposing liability on a political figure of any kind.

That said, the Court’s decision also listed three limited circumstances when a protest leader may be held liable for the violent actions of a protest participant:

There are three separate theories that might justify holding Evers liable for the unlawful conduct of others. First, a finding that he authorized, directed, or ratified specific tortious activity would justify holding him responsible for the consequences of that activity. Second, a finding that his public speeches were likely to incite lawless action could justify holding him liable for unlawful conduct that in fact followed within a reasonable period. Third, the speeches might be taken as evidence that Evers gave other specific instructions to carry out violent acts or threats.

None of these circumstances are present Mckesson. To the contrary, the Fifth Circuit admitted in an earlier decision in this very case that Officer Doe “has not pled facts that would allow a jury to conclude that Mckesson colluded with the unknown assailant to attack Officer Doe, knew of the attack and ratified it, or agreed with other named persons that attacking the police was one of the goals of the demonstration.”

So how on earth did Elrod arrive at the conclusion that Mckesson could be held liable for the actions of an unknown protest attendee? For starters, she claimed that her court could just add new items to the list of three circumstances that could justify such liability in her Mckesson opinion. According to Elrod, “nothing in Claiborne suggests that the three theories identified above are the only proper bases for imposing tort liability on a protest leader.”

This is, to put it mildly, a very unusual way to read a Supreme Court opinion that held that threats to break someone’s neck can be First Amendment-protected speech, which calls for “extreme care” before targeting protest organizers, and which laid out only three very specific circumstances that “might justify” an exception. Elrod cites no other court decision that has ever read Claiborne in such a counterintuitive way.

Then, after giving herself the power to invent new exceptions to the First Amendment, Elrod writes that this amendment does not apply “where a defendant creates unreasonably dangerous conditions, and where his creation of those conditions causes a plaintiff to sustain injuries.”

And what are the “dangerous conditions” created by Mckesson? Mckesson “organized the protest to begin in front of the police station, obstructing access to the building.” He did not “dissuade” protesters who allegedly stole water bottles from a grocery store. And he “led the assembled protest onto a public highway, in violation of Louisiana criminal law.”

Seriously, she said that the First Amendment begins to fade the minute a protest occupies a street.

The kings lead marchers in a black-and-white photo. William Lovelace/Getty Images
Dr. Martin Luther King Jr. and Coretta Scott King lead marchers in “unreasonably dangerous activity,” according to Jennifer Elrod.

It’s hard to imagine a more lawless, unpersuasive, and historically ignorant decision than the one Elrod put her name on in the Mckesson case. And if the Supreme Court can’t find the votes to reverse that decision, the right to engage in mass protest will become meaningless.

24 Jan 16:52

Alaska Airlines says it found many loose bolts on its Boeing 737 Max 9s

by Jonathan M. Gitlin
A photo showing some of an Alaska Airlines 737 Max 9. A mid-cabin panel has been replaced with plastic sheeting.

Enlarge / The missing emergency door of Alaska Airlines N704AL, a 737 Max 9, which made an emergency landing at Portland International Airport on January 5 is covered and taped, in Portland, Oregon on January 23, 2024. (credit: PATRICK T. FALLON/AFP via Getty Images)

Inspections of Alaska Airlines' fleet of Boeing 737 Max 9s has turned up "many" loose bolts, according to CEO Ben Minicucci. "I'm more than frustrated and disappointed," he told NBC News, "I am angry. This happened to Alaska Airlines. It happened to our guests and happened to our people."

The inspections follow a near-disaster on Alaska Airlines flight 1282 on January 5 of this year, when a blanking plate blew off the 737 Max 9 aircraft mid-flight. The loss of the blanking plate resulted in a rapid decompression of the plane but, fortunately, did not result in loss of control of the aircraft or any physical injuries to passengers or crew.

The following day, the Federal Aviation Administration issued an Emergency Airworthiness Directive that has grounded all 737 Max 9s fitted with mid-cabin door plugs—other specifications of the plane use actual doors at that location to allow for more passengers in the cabin.

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19 Jan 17:54

How copyright lawsuits could kill OpenAI

by Adam Clark Estes
Police officers stand in front of the headquarters of the New York Times on June 28, 2018, in New York City. Pedestrians with umbrellas walk by.
Police officers stand outside the New York Times headquarters in New York City. | Drew Angerer/Getty Images

The New York Times v. OpenAI, explained.

If you’re old enough to remember watching the hit kid’s show Animaniacs, you probably remember Napster, too. The peer-to-peer file-sharing site, which made it easy to download music for free in an era before Spotify and Apple Music, took college campuses by storm in the late 1990s. This did not escape the notice of the record companies, and in 2001, a federal court ruled that Napster was liable for copyright infringement. The content producers fought back against the technology platform and won.

But that was 2001 — before the iPhone, before YouTube, and before generative AI. This generation’s big copyright battle is pitting journalists against artificially intelligent software that has learned from and can regurgitate their reporting.

Late last year, the New York Times sued OpenAI and Microsoft, alleging that the companies are stealing its copyrighted content to train their large language models and then profiting off of it. In a point-by-point rebuttal to the lawsuit’s accusations, OpenAI claimed no wrongdoing. Meanwhile, the Senate Judiciary Subcommittee on Privacy, Technology, and Law held a hearing in which news executives implored lawmakers to force AI companies to pay publishers for using their content.

Depending on who you ask, what’s at stake is either the future of the news business, the future of copyright law, the future of innovation, or, specifically, the future of OpenAI and other generative AI companies. Or all of the above.

Ideally, Congress would step in to settle the debate, but as James Grimmelmann, a professor of digital and information law at Cornell Law School, told me: “Congress does not like to legislate on copyright unless there’s a consensus of most of the players in the room — and there’s not anything resembling that consensus right now. So Congress may hold hearings and talk about it, but we’re really far from any legislative action.”

So which is it? Advocates of technological innovation would say that AI technology is full of promise and we’d better not stifle that while it’s in the early days of development. Media companies would say that even exciting technology companies need to pay when they use copyrighted content, and if we give AI a free pass, journalism as we know it could eventually cease to exist.

The consensus of casual observers and legal experts alike is that this New York Times lawsuit is a big deal. Not only does the Times appear to have a solid case, but OpenAI has a lot to loseperhaps its very existence.

The case against OpenAI, briefly explained

If you ask ChatGPT a question about, say, the fall of the Berlin Wall, there’s a good chance some of the information in the answer has been culled from New York Times articles. That’s because the large language model, or LLM, that powers ChatGPT has been trained on over 500 gigabytes of data, including newspaper archives. Generative AI tools only work because this training data helps them know how to effectively respond to prompts. In other words, copyrighted data, in part, is what makes this new technology powerful and what makes OpenAI such a valuable company.

The New York Times claims that OpenAI trained its model with copyrighted Times content and did not pay proper licensing fees. That, the lawsuit says, enables OpenAI to “compete with and closely mimic” the New York Times, perhaps by summing up a news story based on Times reporting or summing up a product recommendation based on Wirecutter reviews.

Even worse is what the lawsuit calls “regurgitation,” which is when OpenAI spits out text that matches Times articles verbatim. The Times provides 100 examples of such “regurgitation” in the lawsuit. In its rebuttal, OpenAI said that regurgitation is a “rare bug” that the company is “working to drive to zero.” It also claims that the Times “intentionally manipulated prompts” to get this to happen and “cherry-picked their examples from many attempts.”

But at the end of the day, the New York Times argues that OpenAI is making money off of content and costing the newspaper “billions of dollars in statutory and actual damages.” By one estimate, given the millions of articles potentially implicated and the cost per instance of copying, the New York Times might be looking for $450 billion in damages.

OpenAI has a clear solution to this conflict: Pay the copyright owners upfront. The company has already announced licensing deals with folks like the Associated Press and Axel Springer. OpenAI also claims that it was negotiating a deal with the New York Times right before the newspaper filed its lawsuit.

Just how much OpenAI is willing to pay news outlets is unclear. A January 4 report in the Information said that OpenAI has offered some media firms “as little as between $1 million and $5 million to license their articles for use in training its large language models,” which seems like a small amount of money to OpenAI, currently aiming for a valuation as high as $100 billion. But the mounting lawsuits, should they go against the company, could be far more expensive than paying heftier licensing fees.

The New York Times is also not the only party suing OpenAI and other tech companies over copyright infringement. A growing list of authors and entertainers have been filing lawsuits since ChatGPT made its splashy debut in the fall of 2022, accusing these companies of copying their works in order to train their models. The copyright holders filing these lawsuits extend well beyond writers, too. Developers have sued OpenAI and Microsoft for allegedly stealing software code, while Getty Images is embroiled in a lawsuit against Stability AI, the makers of image-generating model Stable Diffusion, over its copyrighted photos.

“When you’re talking about copyright and you get statutory damages,” said Corynne McSherry, legal director at the Electronic Frontier Foundation, “if you lose, the downside and the financial risk is massive.”

The case for innovation

While it’s easy to compare the Times case to the Napster one, the better precedent involves the VCR, according to McSherry.

In 1984, a years-long copyright case between Sony and Universal Studios over the practice of using VCRs to record TV shows made it all the way to the United States Supreme Court. The studio alleged that Sony’s Betamax video tapes could be used for copyright infringement, while Sony’s lawyers argued that taping shows was fair use, which is the doctrine that allows copyrighted material to be reused without permission or payment.

Sony won. The judge’s decision, which has never been overturned, said that if machines, including the VCR, have non-infringing uses then the company that makes them can’t be held liable if customers use them to infringe upon copyrights.

The entertainment industry was forever changed by this case. The VCR let people watch whatever was broadcast on TV whenever they wanted, and in just a few years, Hollywood studios actually ended up seeing their profits grow in the VCR era. The machine got people more excited about watching movies, and they watched more of them, both at home and in theaters.

“If you have to go to copyright owners for permission for technological innovation, you’re going to get a lot less innovation,” McSherry told Vox.

That in mind, there’s one more copyright lawsuit worth looking at: the Google Books case. In 2004, Google started scanning books, including copyrighted works, so that “snippets” of their text would show up in search results. It partnered with libraries at places like Harvard, Stanford, and the University of Michigan, as well as magazines, like New York Magazine and Popular Mechanics, that wanted their archives digitized.

Then came the lawsuits, including a 2005 class action suit from the Authors Guild. The authors cried copyright infringement, and Google claimed that making books searchable amounted to fair use. As Judge Denny Chin said in a 2013 decision dismissing the authors’ lawsuit, Google Books is transformative because, thanks to the tool, “words in books are being used in a way they have not been used before.” It took about a decade, but Google eventually won, and Google Books is now legal.

Like Sony and Napster before it, the Google Books case is ultimately about the battle between new technology platforms and copyright holders. It also raises the question of innovation. Is it possible that giving copyright holders too much power could stifle technological progress?

In that 2013 decision, Judge Chin said its technology “advances the progress of the arts and sciences, while maintaining respectful consideration for the rights of authors and other creative individuals, and without adversely impacting the rights of copyright holders.” And a 2023 economics study of the effects of Google Books found that “digitization significantly boosts the demand for physical versions” and “allows independent publishers to introduce new editions for existing books, further increasing sales.” So consider that another point in favor of giving tech platforms room to innovate.

Few would disagree that technological progress has shaped the media business since the invention of the printing press. That’s basically why the earliest copyright laws were written over 300 years ago: Technology made copying easier, and authors needed some way to protect their intellectual property.

But AI is a bigger leap forward, technologically speaking, than the VCR, Napster, and Google Books combined. We don’t know yet, but AI seems destined to transform our understanding of copyright and how content creators get paid for their work. It will take a while, too. A ruling in the New York Times’s case against OpenAI will take years, and even then, questions will remain.

“I think generative AI could be as transformational for copyright as the printing press,” said Grimmelmann, the Cornell law professor. “But that will probably take a little bit longer to play out.”

A version of this story was also published in the Vox Technology newsletter. Sign up here so you don’t miss the next one!

19 Jan 17:47

If you want to understand modern politics, you have to understand modern fandom

by Aja Romano
Donald Trump, seen from the back, standing in front of an indoor crowd waving signs.
A crowded campaign event for Donald Trump on November 11, 2023, in Claremont, New Hampshire. | Scott Eisen/Getty Images

You don’t just vote for Trump. You stan him.

It’s a common observation that modern-day politics increasingly resembles fandom: Both feature communities created around and united by passion, and both are often heavily fixated on a single public figure. Many pundits are now calling right-wing voters “the Trump fandom,” as though there’s little difference between a Trumpist who flocks to a political rally and a member of the Beyhive snapping up seats to Coachella.

Drawing general parallels between the two movements can seem easy, even simplistic, but when we look closer, what we find are mutually thorny, mutually complex ideological ecosystems with telling overlap. In both subcultures, the rise of social media echo chambers has fomented toxicity, extremism, and delusional thinking. For instance, you may not think there’s any link between QAnon and the belief that this Chinese actor is a hologram, but they both arise from the same basic problems: disinformation and zealotry serving to distort and fracture our shared sense of reality, all in the name of what devotees believe to be a higher cause.

Fandom and politics both depend on big shared narratives

Passionate enthusiasts have existed throughout human history, but fans who identify as “part of fandom” move within larger communities of other actively engaged fans. The word “fan” came into popular use in the late 1880s, with “fandom” surfacing around 1903. The concept flourished in niche geek and sports communities throughout the 20th century, and finally found its way into the mainstream in the aughts and ’10s thanks to the rise of the internet.

While fandom was evolving online in the 2000s, organic political movements were growing more commonplace, with very similar dynamics. At their core, fandom and politics both require emotion, with all the intensity that implies. Fandoms were collectives of people drawn together by their emotional attachment to specific sports teams, creatives, or works of media. Grassroots political movements of the aughts, from the Tea Party to Occupy Wall Street, were localized collectives initially drawn together by a shared narrative of what they wanted their country to become.

There are few self-aware stopgaps in modern fandom, and even fewer in politics

That communal narrative is crucial connective tissue between politics and fandom; it unites people around not just a shared sense of identity, but a shared story and the idea that they’re building that story together. These narratives aren’t just entertainment. To their proponents, they have a higher moral purpose, whether it’s “draining the swamp,” rooting for your favorite characters in a series to get together, or freeing Taylor Swift from the oppression of the closet. Big fandom narratives often segue into big political ones: Several fandom projects of the early internet spawned offshoot social and political movements, like Fandom Forward, which began as the Harry Potter Alliance, and Project for Awesome, an offshoot of the Vlogbrothers fandom. Both groups encourage fans toward social change. A single piece of Harry Potter fanfiction is arguably responsible for popularizing the Effective Altruism movement.

Trump’s political rise coincides with a specific substrain of intense celebrity fandom that emerged in the new millennium. The “stan,” sometimes referred to collectively as “standom,” is an ironic term borrowed from Eminem’s 2000 song “Stan,” about a stalker fan whose obsession goes too far. The concept of “stanning” was hugely shaped by Twitter’s ability to allow fans to follow their faves in real time, commune with other fans, and even talk directly to the creators they stanned. It hardly seems coincidental that during the era when celebrities and pop stars became more immediately interactive with their fanbases, Trump successfully styled himself not as a politician, but as a celebrity who deigned to do politics just to satisfy his long-suffering fans.

By pretending that he didn’t need politics but politics needed him, Trump established the idea that his political participation was not self-serving, but rather a conduit for the frustrations of his followers. From the outset, he presented himself as a vessel for their beliefs. As one Trump supporter recently told MSNBC’s Garrett Haake, “When Trump is facing all these things, he’s doing it for us in our place.”

But the idea of Trump as a conduit works both ways. If you wanted to see political change, you couldn’t just vote for Trump; you had to transfer your emotional investment from politics at large onto him individually. You had to stan him.

When stans call themselves “stans,” it’s a wryly self-deprecating label that implies plenty of self-awareness on the fans’ parts about the tricky relationship they have with their idols. It also predicts the slippery slope that can result when fans’ investment in their faves gets too intense. Increasingly, however, there are fewer self-aware stopgaps in modern celebrity fandom, and, as January 6 taught us, even fewer in politics.

Our emotions increasingly shape how we view reality and what we’re willing to do to preserve that view

Applying the concept of a shared narrative to political activism imbues that activism with all the heady intoxication of a fantasy role-playing game, whether it’s a fantasy of progress or a fantasy of extremism. In his recently republished 2007 book Dream: Reimagining Progressive Politics in an Age of Fantasy (now retitled Dream or Nightmare), author Stephen Duncombe observed that Trump won the 2016 election not based on facts — he lied often — but upon his ability to create fantasy masked as truth. “Facts, it seems, are not things that are verifiably true or false, merely components in a story,” Duncombe notes. “Over the past decade, right-wing populists from Israel to India, all throughout Europe and the UK, have been inventing facts to fill in fantasies of national greatness, and imminent destruction, in their rise to power.”

This distortion of reality is partly inadvertent slippage. After all, when all your friends are playing the RPG with you, it can be hard to re-enter reality. And when all your friends are creating the narrative with you, it can be hard to remember what parts are real and what parts you constructed together.

The narrative predetermines not only what information you receive, but how you interpret it and order it within the larger story. As Duncombe writes, “We understand our world less through reasoned deliberation of facts, and more through stories and symbols and metaphors.” Received in a community of devotees, such stories and symbols often morph into esoteric codes only true believers can see, from “Q drops” to signs that Louis Tomlinson’s baby is fake. And as with intensely held religious beliefs, such communities tend to double down on their beliefs once challenged or proven inaccurate rather than rethink them. In fandom communities where this happens, we see groups collectively rejecting a more measured version of reality in favor of intense conspiracy theories to support their big narratives, again and again and again and again and again.

A group of people stand next to large posters of Beyonce. One person wears an extravagant outfit with metallic silver detailing. Kevin Mazur/WireImage for Parkwood
Fans attend the London premiere of Renaissance: A Film By Beyoncé on November 30, 2023, in London, England.

In both fandom and politics, these distortions are often also intentionally exacerbated by community leaders. Influential members can manipulate their followers by deliberately twisting or omitting facts to suit the narrative they prefer or the narrative that’s most advantageous to their larger agenda. Their role as a translator of reality to their followers can’t be overstated.

Media researcher Sarah Banet-Weiser, in the recently published Post-Truth, Fake News and Democracy: Mapping the Politics of Falsehood, observes that while it’s common to worry we’ve entered a fractured, “post-truth” era, the idea of “truth” itself has always been highly contextual. Moreover, truth in various contexts relies on who’s telling it: “It [depends] on the assumption that certain actors tell the truth, and that these actors have been authorized with the mantle of veracity in their understandings of the world and of themselves.”

When we’re emotionally invested not only in the narrative being bolstered by the truth-teller but in the chosen truth-teller themselves, it becomes even harder to extricate an “objective” version of reality from the version they’re dispensing because the stakes feel so high. These believers aren’t above engaging in what internet researcher Alice Marwick has termed “morally motivated networked harassment”: the simple yet profound concept that being part of an ideologically driven community allows believers to justify even the most toxic behaviors, even if their ideology is unusual and a bystander wouldn’t understand their motivations or goals as moralistic. Left to themselves, most of the people who sieged the Capitol on January 6 would probably never have been instigators; as part of a larger collective being egged on by their leader, however, they came to feel fully justified even in acts as extreme as insurrection.

We project our own symbols onto celebrity personas — even to the point of religious idolatry

While Trump’s stage is the political arena, his aims and tools are about his celebrity, not his politics. “Trump was not using tools of entertainment to appear a better politician,” Duncombe writes. “He was using politics as a better stage for his performance as an entertainer.” You might wonder what celebrity qualities Trump has that allow him to influence his followers to this extent; after all, he’s no Beyoncé. But, as Trump himself is extremely aware, he doesn’t have to be — he only has to encourage his followers to make him into whatever they want him to be.

The public figure’s persona is a collectively created construct. It’s built by the celebrity and what they present to the media and the public, and then built by the media and the public and how they interpret and interact with the famous person. Once fans have created a personal parasocial relationship with their celebrity of choice, they will project whatever positive attributes they want onto that celebrity’s persona — even if they don’t align with reality and even if they’re internally contradictory.

Fans project whatever attributes they want onto their celebrity’s persona — even if they don’t align with reality

The secret of Trump’s following isn’t that Trump unlocked the be-all and end-all of political campaigning, but rather that he understands how his public persona works. From the outset, he encouraged his followers to project their own desires and fantasies onto him. “Every day I wake up determined to deliver for the people,” he said in his party nomination acceptance speech in 2016. “I am your voice.”

While some stars offend their fans by refusing to play into their narratives — see, for example, Taylor Swift battling the gaylors — Trump remains unflappable in the face of any and all interpretations of his persona. By enabling his fans to project their anxieties and hopes onto him, Trump inflated his public persona to a degree that has become completely divorced from the man himself and completely bulletproof. “Trump is our David and our Goliath,” an Iowa voter recently told the New York Times. Not even Beyoncé has range like that.

This level of idolatry seems to have shifted Trump’s fandom beyond relatively normal parasocial relationships. Trump lost the 2016 Iowa caucus to Ted Cruz, largely because Cruz courted evangelical voters who were uneasy about Trump’s extreme nationalist politics. In 2024, after he handily won the same state, columnists like Amanda Marcotte and Sarah Posner pointed out that he seems to have usurped the role once held by leaders of the religious right to become a religious idol himself.

This certainly wouldn’t be the first time a celebrity has been compared to a religious figure, but the existential and blatantly fascist threat to democracy presented by this development can’t be overstated. Trump already holds sway over his followers’ fantasies, and he already determines how (or whether) they receive facts and information. It’s not beyond the realm of possibility that portrayals of Trump as a near-deity will fuel an even sharper divide — an ever-widening gap between how his supporters view reality, America, and his place in it, and what the rest of us see and experience.

18 Jan 18:34

Study: Field Drug Tests Generate Nearly 30,000 Bogus Arrests A Year

by Tim Cushing

Field drug tests often seem to be more a triumph of imagination than a triumph of science. They’re cheap. Some popular tests run less than $3/per. That’s the literal selling point. When in doubt, a cop can get probable cause by grabbing a substance, dumping it into a field test, and deciding whatever results are generated are evidence of guilt.

It rarely is. Sure, if you run enough tests, you’re bound to have some of these field tests confirmed by lab tests that are far more precise and less likely to be interpreted subjectively by the person performing the test. (Theoretically. There’s plenty of evidence out there showing lab drug tests can be just as faulty as field drug tests, although in these cases, the problem is usually the person performing the testing [or not!] than the test itself.)

Cheap, fast, and easy. And wrong. So very very often wrong. Field drug tests have labeled everything from bird poop (on a car’s hood!) to donut crumbs to honey to the ashes of a deceased loved one as contraband, resulting in the immediate arrest of people not actually in possession of anything illegal.

This is just what’s been observed by those challenging these results in court during criminal trials or filing civil rights lawsuits following wrongful arrests. It’s happened often enough that even a few courts are taking notice, in some cases refusing to accept plea deals predicated on nothing more than field drug tests results.

Data on field drug tests is difficult to obtain. Cops are in no hurry to turn this information over and the patchwork of public records laws across the nation often allows law enforcement to refuse disclosure simply by stating the results are relevant to a criminal investigation (even if the investigation has long since been closed).

What data can be obtained has been collected and parsed by the Quattrone Center for Fair Administration of Justice at the University of Pennsylvania. What’s long been assumed based on mainly anecdotal evidence now has at least some scientific backing: field drug tests aren’t worth what we’re paying for them, even if it is only $3/per. According to the Center’s report [PDF], nearly one third of the money spent on field drug tests is misspent. (h/t C.J. Ciaramella at Reason)

Utilizing a nationwide survey of agencies, the report offers national estimates on the frequency of test usage, finding that each year approximately 773,000 drug-related arrests involve the use of presumptive tests. Using the survey data and national estimates of drug arrests, this report examines the impact of the tests on wrongful arrests, racial disparities in their use, and their subsequent impact on drug possession prosecutions and dispositions.

Although the true error rate of these tests remains unknown, estimates based on the imperfect data that are available suggest that around 30,000 arrests each year involve people who do not possess illegal substances but who are nonetheless falsely implicated by color-based presumptive tests.

Not great. Not even good. Not even close to good. I don’t know where it’s acceptable to rack up a false arrest rate of nearly 4%, but America shouldn’t be one of those places. I realize it’s only probable cause at the point of arrest rather than the courtroom standard of “beyond a reasonable doubt.” But 30,000 bogus arrests a year from a single cause — field drug tests — is unacceptable.

Here’s how that works out in the greater scheme of things, in terms of criminal justice:

The use of presumptive field tests in drug arrests is one of the largest, if not the
largest, known contributing factor to wrongful arrests and convictions in the United States.

It’s not just arrests. It’s also convictions. And those convictions aren’t happening in bench trials or jury trials. They’re plea agreements where people weigh their options and decide that the best option is to “admit” to a crime they haven’t committed rather than subject themselves to indefinite detention and the full weight of prosecutorial forces that love to punish people for insisting on their innocence and/or seek to have their rights respected.

The whole system is stacked against defendants, beginning with the tests that cops treat as actual probable cause when they realistically should be considered nothing more than a hunch. This is the depressing reality of criminal justice in the United States when it comes to field drug tests and people falsely accused by faulty tests.

In our survey, 89% of prosecutors reported that guilty pleas are permitted without confirmatory testing (i.e., follow-up testing by a lab to verify that a field test “positive” result accurately detected an illegal drug).

67% of drug labs in the U.S. report that they are not asked to review samples when there are plea agreements, and 24% do not receive samples for confirmatory testing when there are field test results available.

Even when labs receive samples, 46% report that they will not conduct a confirmatory test if there has been a guilty plea, and 8% report that they will not retest if there has been a presumptive identification

This isn’t justice. This isn’t even a polite hat tip in the direction of justice. This is railroading, aided and abetted by drug labs beholden to cops and almost as disinterested in what happens to people facing criminal charges possibly predicated on incorrect test results. On the law enforcement side, the fact is no one cares and no one cares that no one cares. Courts are the last hope, and even most of those are more than willing to clear dockets quickly and easily by signing off on any plea deal placed in front of them.

As the report notes, it’s not as though cops and prosecutors aren’t aware of the limitations of field drug tests. It’s that they don’t care. All tests come packaged with plenty of verbiage stating how any field test should be verified with a lab test, how dozens of legal substances can trigger false positives, and how tests can be rendered useless by exposure to UV light or elevated temperatures.

But none of that is legally binding. It’s not like improper use results in a voided warranty. It’s not like field drug test makers are going to stop selling to cops just because cops ignore every single instruction printed on the package. Again, this is up to the courts. And low level courts that handle a large percentage of possession cases aren’t going to increase their own workload by forcing prosecutors to verify tests or refuse plea deals based on nothing more than what a cop claimed to have observed while misusing a cheap test prone to false positives.

It’s not that better field drug test tech doesn’t exist. It does. Portable Raman spectrometers, which are capable of producing results comparable to lab equipment (at least according to the Scientific Working Group for the Analysis of Seized Drugs), very few law enforcement agencies are going to trade in cheap drug tests they can buy in bulk with actually accurate testing equipment than can cost up to $20,000 per device.

As the report states, the 30,000 wrongful arrests is an extreme undercount. Its survey managed to only find 93 law enforcement agencies willing to discuss field drug test use and only 82 of those actually provided enough information to warrant being included in this report.

Of the few that did respond, there’s even more bad news. This is quite the pair of sentences:

Twelve agencies recently stopped using the tests due to concerns about fentanyl exposure (i.e., a belief that physical contact with fentanyl is, by itself, dangerous for the officer), and two agencies reported that the tests were an unnecessary expense as suspects were arrested and charged regardless of the test outcome.

Did you get all of that? Twelve agencies have gone full fainting goat and two agencies flat out admitted they arrested people whether or not the tests indicated illegal substances. And if arrest is the inevitable outcome, why blow money on field drug tests?

There’s nothing positive in this report, other than the recommendations it suggests, like refusing plea deals backed by nothing but field tests and ensuring all field tests are verified by lab testing. But if very little of this is happening yet, it’s hard to believe there will be widespread adoption in the future. So, we’ll just get what we’ve been getting for years: tens of thousands of bogus arrests every year — arrests that will be touted by those performing them as indicative of their tireless service to the War on Drugs. The reality, however, will be tens of thousands of destroyed lives and violated rights by tests so questionable they should never have been considered evidence of anything.

18 Jan 18:33

Where restaurants serve Asian cuisines in the U.S.

by Nathan Yau

You can find Asian restaurants in most places in the United States, but the type of Asian food choices varies. For Pew Research, Sona Shah and Regina Widjaya mapped the distributions of eight major cuisines.

Whenever I’m in a new place, I like to check out the Chinese restaurants, because they’re everywhere. It’s fun to taste the area’s version of universal Chinese dishes. I’ve been to Queens. Now I’m curious about Portsmouth City and Whitman.

Tags: Asian, Pew Research, restaurant

18 Jan 18:33

Metro Launches a Spotify Wrapped–Like Feature

by Andrew Beaujon

How many Metro stations did you visit last year? How many trips did you make on rail, how many did you make on buses, and how many miles did you travel in total? How much carbon did you save? Previously, your answer may have been, “Why are you asking me about this, Washingtonian magazine?” But […]

The post Metro Launches a Spotify Wrapped–Like Feature first appeared on Washingtonian.

17 Jan 16:28

This Is Why the Rats Are Winning in DC

by Patrick Hruby

Imagine you have a choice between two meals. The first is pizza, served in a delivery box, the same delicious pie you’ve been eating without incident your whole life. And the second? It’s, uh, something. An off-brand Powerbar, maybe? Definitely processed. An indeterminate meal-like substance. Doesn’t smell terrible. Probably tastes fine. But still. Oh, and […]

The post This Is Why the Rats Are Winning in DC first appeared on Washingtonian.

17 Jan 14:16

Where it warmed the most in the world

by Nathan Yau

Earth got its hottest year on record in 2023. Based on data from Berkeley Earth, John Muyskens and Niko Kommenda, for The Washington Post, focused on the geographic areas that experienced the biggest jumps.

The Post has mapped the regions that saw the largest temperature anomalies in 2023 — places that have warmed so fast that the climate is already testing the limits of human infrastructure and the ability of the natural world to cope.

Tags: climate change, global warming, Washington Post

17 Jan 12:53

AI “Black Box” placed in more hospital operating rooms to improve safety

by Beth Mole
A camera in a hospital.

Enlarge / A camera in a hospital. (credit: Getty | Arne Dedert)

AI-powered surveillance technology is quickly making its way into hospital operating rooms around the country, where it works to constantly collect audio, video, patient vital signs, and a wealth of other surgical data, all in the name of improving safety and efficiency.

The surveillance technology has been implanted in operating rooms in over two dozen hospitals in the US and Canada so far. Most recently, the Boston area's Brigham and Women's Faulkner Hospital became one of the latest adopters of the technology, which is sold by Surgical Safety Technologies Inc. in Toronto.

The AI-powered platform is called the OR Black Box, named after the recording devices used in aircraft to help understand events that led to a disaster or other incident. But the name is a bit of a misnomer. The technology is not a literal black box; it's a set of wide-angled cameras and proprietary, customized AI models. It's also not necessarily intended to sort out the events that led to a surgical disaster or incident after the fact. Rather, it's intended to help prevent any mishaps from happening, and its makers and adopters have had to repeatedly assure medical staff that the all-seeing AI won't be used to pick out individual errors and assign blame to staff.

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16 Jan 15:03

Find familiar places in new cities

by Nathan Yau

If you’re traveling to a new city, it can be tricky to figure out where things are and what the places are like. However, if you had a tool that set the context of the new city in terms of the neighborhoods in a city you know, you might get a better feel for the new city. Raymond Kennedy made an app (that appears to rely heavily on the OpenAI API) that lets you search the unfamiliar city against the familiar. [via Waxy]

Tags: AI, Raymond Kennedy, travel

12 Jan 20:19

NASA scientist on 2023 temperatures: “We’re frankly astonished”

by John Timmer
A global projection map with warm areas shown in read, and color ones in blue. There is almost no blue.

Enlarge / Warming in 2023 was widespread. (credit: NOAA NCEI)

Earlier this week, the European Union's Earth science team came out with its analysis of 2023's global temperatures, finding it was the warmest year on record to date. In an era of global warming, that's not especially surprising. What was unusual was how 2023 set its record—every month from June on coming in far above any equivalent month in the past—and the size of the gap between 2023 and any previous year on record.

The Copernicus dataset used for that analysis isn't the only one of the sort, and on Friday, Berkeley Earth, NASA, and the National Oceanic and Atmospheric Administration all released equivalent reports. And all of them largely agree with the EU's: 2023 was a record, and an unusual one at that. So unusual that NASA's chief climate scientist, Gavin Schmidt, introduced his look at 2023 by saying, "We're frankly astonished."

Despite the overlaps with the earlier analysis, each of the three new ones adds some details that flesh out what made last year so unusual.

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10 Jan 19:32

Chromium found in lead-tainted fruit pouches may explain contamination

by Beth Mole
The three recalled pouches linked to lead poisonings.

Enlarge / The three recalled pouches linked to lead poisonings. (credit: FDA)

The Food and Drug Administration has discovered a second metal contaminant—chromium—in the recalled cinnamon applesauce pouches found to contain cinnamon contaminated with extremely high levels of lead. The products have now poisoned nearly 300 young children in 37 states.

The health implications of the additional contaminant are not clear. There is no antidote for chromium exposure, and the Centers for Disease Control and Prevention recommends supportive care. But the finding does hint at the possible motivation behind the tragic poisonings.

In the FDA's announcement, the agency noted that "The lead-to-chromium ratio in the cinnamon apple puree sample is consistent with that of lead chromate (PbCrO4)." This is a notorious adulterant of spices used to artificially bolster their color and weight.

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10 Jan 19:32

First results are in: 2023 temperatures were stunningly warm

by John Timmer
Image of a lot of squiggly lines moving from left to right across a graph, with one line in red standing far above the rest.

Enlarge / Month by month, 2023 stood far above the rest. (credit: C3S/ECMWF)

The confused wiggles on the graph above have a simple message: Most years, even years with record-high temperatures, have some months that aren't especially unusual. Month to month, temperatures dip and rise, with the record years mostly being a matter of having fewer, shallower dips.

As the graph shows, last year was not at all like that. The first few months of the year were unusually warm. And then, starting in June, temperatures rose to record heights and simply stayed there. Every month after June set a new record for high temperatures for that month. So it's not surprising that 2023 will enter the record books as far and away the warmest year on record.

The EU makes it official

Several different organizations maintain global temperature records; while they use slightly different methods, they tend to produce very similar numbers. So, over the next few weeks, you can expect each of these organizations to announce record temperatures (NASA and the National Oceanic and Atmospheric Administration will do so on Friday). On Tuesday, it was the European Union's turn, via its Copernicus Earth-observation program.

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07 Jan 16:39

Natural Enemies

by Reza
02 Jan 19:56

Big Pharma to raise US list prices of 500 drugs in January: Report

by Beth Mole
Hundred dollar bills inside prescription pill bottles

Enlarge (credit: Getty | Bill Diodato)

January is usually a big month for hiking the list prices of drugs in the US—and it looks like 2024 will be no different. Pharmaceutical companies plan to raise the US list prices of more than 500 prescription medications this month, and more are expected to be announced in the coming weeks. That's according to a report from Reuters, which is based on data from the health care research firm 3 Axis Advisors.

The high-profile drug makers with plans to increase prices include giants such as Pfizer, Sanofi, and Takeda.

This year's tally of 500 is in line with the past few years, with 452 list price increases as of January 1, 2023, and a high of 602 on January 1, 2021, according to data from 46brooklyn, a drug pricing nonprofit related to 3 Axis Advisors. Overall, drug makers raised the list prices of 1,425 drugs in 2023, down slightly from 1,460 in 2022.

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02 Jan 19:55

The Pixel 8 parts store goes live, should be up for 7 years

by Ron Amadeo
iFixit's Pixel 8 Pro display fix kit.

Enlarge / iFixit's Pixel 8 Pro display fix kit. (credit: iFixit)

Over the holiday break, Google and iFixit added a new batch of parts to the Pixel parts store. The companies now sell genuine parts for Google's latest flagship phones: the Pixel 8 and 8 Pro.

The most common replacement will probably be the screen, which costs $160 for the Pixel 8 and $230 for the Pixel 8 Pro. The product described as a "rear case" is the entire aluminum body of the phone, with the rear glass, camera bar, camera cover glass, side buttons, and charging coil. The Pixel 8 version of this will run you $143, while the 8 Pro version is $173. The batteries are both $43.

If your camera breaks, get ready for some serious sticker shock: The Pixel 8 Pro rear camera assembly is $200 for the bundled set of three cameras. For reference, a Galaxy S23 Ultra camera assembly (four cameras) is $142 from iFixit, while the iPhone 14 Pro Max rear camera assembly is $150. Interestingly, the Pixel 8 also has $200 worth of camera parts despite having one less camera by skipping the complicated periscope zoom lens. The Pixel 8 parts come in separate pieces: $143 for the main camera and $63 for the ultra-wide. This is a ton of money to spend on the camera portion of a phone, and while that's great for shutterbugs, for people more focused on productivity uses, it would be nice not to have to pay for all this. Along with the $43 front camera, a Pixel 8 is $700 and has $243 worth of camera parts!

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02 Jan 15:54

It’s a new year, and these are now the only EVs that get a tax credit

by Jonathan M. Gitlin
concept of ev tax credit

Enlarge (credit: Getty Images)

It's a new year, and while few of us still have the headache of needing to remember to write the new year on checks, 2024 brings a new annoyance of sorts. As of yesterday, tough new US Treasury Department rules concerning the sourcing of electric vehicle batteries went into effect; as a result, most of the battery and plug-in hybrid EVs that were eligible for the Internal Revenue Service's clean vehicle tax credit until Sunday have now lost that eligibility.

Under the federal government's previous program to incentivize the adoption of plug-in vehicles, it offered a tax credit up to $7,500 based on the battery capacity of a BEV or PHEV. Once a car maker sold more than 200,000 plug-in vehicles, it lost eligibility for the tax credit—only Tesla and General Motors reached this threshold.

Changes came as part of the Inflation Reduction Act of 2022 and went into effect at the start of 2023. Thanks to heavy industry lobbying, credits linked to union-made EVs went by the wayside, with US Senator Joe Manchin acting as the point man for companies like Toyota that sought to slow down the EV transition.

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31 Dec 01:35

10 actually good things that happened in 2023

by Izzie Ramirez
An illustration of a rough ocean. “2023” sits on the horizon like the moon. The water within its glow is calmer than the surrounding water.
Paige Vickers/Vox

This was a hard year. But these 10 news stories remind us a better future is possible.

I’m not going to lie to you: 2023 was an ugly year. War rages in Gaza, Ukraine, and Sudan, with millions displaced, injured, or dead. On top of global strife, AI-fueled misinformation runs rampant, we’re barreling past climate goals, and abortion access dwindles.

But when the world is mired in horrible things, it’s important to imagine a better future; without hope, new solutions wouldn’t be possible. In 2023, despite everything, there were moments when that hope actualized into meaningful wins.

From the Supreme Court upholding America’s toughest animal cruelty law to new developments in curing sickle cell disease, 2023 saw progress across policy and scientific research that will help shape well-being for humans and animals alike for years to come. Here are 10 breakthroughs in 2023 that help remind us that a better future is worth fighting for. —Izzie Ramirez

The economy started undoing 40 years of rising inequality

Among the many surprises of the post-pandemic economy was a deep reversal in long-running trends of wage inequality. Over the last three years, an unusually tight labor market has undone an estimated 38 percent of the wage inequality between poor and wealthy workers that shot up between 1980 and 2019. Researchers dubbed this “the unexpected compression.”

Young workers without college degrees benefited the most. That’s especially good news given the ongoing debates around “deaths of despair,” where economists are trying to figure out how to counter the rising mortality rates from heart disease and drug overdose among Americans with the least education. The boosted wages were concentrated among workers who changed jobs. Low-wage workers tend to raise their pay faster by switching jobs than by staying put, but the costs of leaving a bad and low-paying job, especially with the relatively weak American safety net, often keep workers in place.

Toward the end of 2023, the wage compression looked to be cooling off, but not reversing. To be clear, inequality remains a defining feature of the American economy, evidenced by calling its reduction an “unexpected” compression. The Biden White House is pushing some ideas that could help solidify these trends, like banning noncompete agreements or boosting workers’ bargaining power. With a few structural changes and a bit of luck, 2024 could build on these trends, transforming our expectations so that reducing inequality becomes the norm. —Oshan Jarow

After completing phase 3 trials, psychedelic-assisted therapy seeks FDA approval

In September, MAPS Public Benefit Corporation (BPC) — a company developing prescription psychedelics — published positive results from their second phase 3 clinical trial on MDMA-assisted therapy for PTSD. (Phase 3 trials feature thousands of patients, and are mostly randomized and blinded.) CEO Amy Emerson stated that these results, published in Nature Medicine, were the last hurdle before applying for FDA approval of MDMA-assisted therapy.

For decades, new and effective treatments for mental illnesses like PTSD, depression, and anxiety have been scant. Over the same period, a resurgence in clinical research on psychedelics has been amassing evidence of their potential for treating precisely these conditions (the potential benefits of psychedelics extend beyond therapy, but that’s another story).

The Multidisciplinary Association for Psychedelic Studies (MAPS), the nonprofit that owns MAPS PBC, has been patiently working toward FDA approval of MDMA therapy since its founding in 1986. This most recent randomized study included 104 participants who’ve lived with PTSD for an average of 16 years. Participants were split into a treatment group that received MDMA plus three monthly therapy sessions, and a placebo group that received extended therapy sessions but no MDMA.

86.5 percent of the treatment group experienced measurable benefits, and 71.2 percent no longer met the criteria for a PTSD diagnosis. The therapy-only group still experienced significant benefits, but less so: 69 percent recorded clinically significant improvements, with 47.6 percent no longer meeting PTSD criteria.

In December, MAPS PBC officially filed its application to the FDA, concluding a nearly 40-year effort. The approval of MDMA-assisted therapy would mark a watershed moment in the world of mental health, and likely pave the way for other psychedelic drugs, like psilocybin, to follow. —OJ

It’s another year of massive progress in developing and deploying vaccines

This past year saw a wave of progress in vaccines and treatments for malaria (a disease that still kills about half a million people in Africa each year), tuberculosis (that killed 1.3 million people in 2022), and respiratory syncytial virus, or RSV (the leading cause of infant hospitalization in the US and the killer of over 100,000 children worldwide in 2019).

In October 2021, the World Health Organization (WHO) recommended its first-ever malaria vaccine, RTS,S. In July 2023, the WHO, Unicef, and Gavi (a global vaccine alliance) committed to delivering 18 million doses of RTS,S across 12 African countries over the next two years. Then, this October, the WHO recommended a new and improved R21 malaria vaccine with an efficacy of 75 percent that can be maintained with booster shots.

On the tuberculosis front, there hasn’t been a new vaccine in over a century, but a promising option, the M72 vaccine, is entering its final phase of clinical trials. And more are in the works. The advent of mRNA vaccines for Covid-19 has inspired similar efforts to develop mRNA vaccines for TB, too.

And in July, the FDA approved a new preventative treatment for RSV. The only approved antiviral treatment for RSV before that was a monoclonal antibody developed in 1998 called palivizumab, a monthly treatment that was expensive, approved only for certain at-risk infants, and reduced infant hospitalizations by about 58 percent. The new treatment, Beyfortus, offers a number of upgrades. It’s approved for all infants up to 24 months, not just those at high risk. Its efficacy in reducing not just hospitalizations but all doctors’ visits is up to 70 percent as compared to placebo. And immunity lasts five months, enough to cover the full RSV fall season. As with the others, more promising treatments are already in the works. —OJ

Mexico decriminalizes abortion

Latin America’s abortion rights movement — colloquially called the “Green Wave” after the verdant scarves Argentine activists wore in the late 2010s — notched another win this year.

In September, Mexico’s Supreme Court eliminated all criminal penalties at the federal level for people seeking abortions. The ruling will require all federal health institutions to offer abortion to anyone who requests it. As my colleague Nicole Narea explains, states will have to change their laws to comply, new clinical standards and guidelines will have to be rolled out, and the public will have to be educated on their newfound right to an abortion and how they can access it. It’s a big shift, one that will have cascading effects for years to come.

Mexico’s decriminalization of abortion fits in a wider discussion around femicide and women’s rights across all of Latin America. Thanks to the Green Wave stemming from the 2015 Ni Una Menos (Not One Woman Less) protests, Argentine lawmakers voted to legalize the procedure in 2020, Colombia’s highest court decriminalized abortion in 2022, and Ecuadorian lawmakers made abortion legal in cases of rape in 2022. There’s still progress to be made, but considering the US backslide, Mexico’s shift comes at an opportune time. —IR

Bangladesh gets the lead out of turmeric

We all know lead isn’t good for you, but its true deadliness can often be overlooked. Lead poisoning contributes to as many as 5.5 million premature deaths a year — more than HIV, malaria, and car accidents combined.

In poorer countries, lead remains ever-present, but Bangladesh has a story of success where scientists, advocates, and government officials worked together to lower lead exposure levels.

Despite phasing out leaded gasoline in the 1990s, high blood lead levels continued to be a problem in Bangladesh. When researchers Stephen Luby and Jenny Forsyth tried to isolate the source in 2019, it turned out to be a surprising one: turmeric, a spice commonly used for cooking, was frequently adulterated with lead.

With this in mind, the Bangladeshi government and other stakeholders launched an education campaign to warn people about the dangers of lead. Once producers had been warned that lead adulteration was illegal, the government’s Food Safety Authority followed up with raids and fines to those who were caught.

A 2023 paper found that these efforts appear to have eliminated lead contamination in turmeric outright in Bangladesh. “The proportion of market turmeric samples containing detectable lead decreased from 47 percent pre-intervention in 2019 to 0 percent in 2021,” the study found. And blood lead levels dropped in the affected populations, too. —IR

The Supreme Court upheld America’s strongest animal welfare law

In 2018, Californians voted to pass Proposition 12, a law requiring that much of the eggs, pork, and veal sold in the state come from animals given more space on factory farms — essentially cage-free conditions. The change is incremental, as cage-free farming is still pretty terrible for the animals, but it represents progress on a massive scale: Californians buy about 12 percent of the US meat and egg supply. (Disclosure: From 2012 to 2017, I worked at the Humane Society of the United States, which led the effort to pass Prop 12.)

It was the biggest legislative victory yet for the farm animal welfare movement, reducing the suffering of more animals than any other US law. But this year, the Supreme Court came close to striking it down.

After Prop 12 passed in 2018, pork producers sued the state to repeal the part that covers pork. The case went all the way to the Supreme Court, and I anticipated the business-friendly conservative majority would side with the pork producers. They didn’t. The court upheld Prop 12 in a 5-4 decision.

The vote guarantees that the 700,000 or so breeding pigs raised for California’s pork supply won’t be confined in cages so small they can’t even turn around in a circle for virtually their entire lives. It also protects a number of similar laws animal advocates have helped pass since the early 2000s, ensuring millions of animals don’t go back into cages. —Kenny Torrella

You can now buy slaughter-free meat

Almost a century ago, Winston Churchill predicted that eventually humans would grow meat directly from animal cells, rather than raising animals on farms. It wasn’t until 2015 that a company, Upside Foods, was launched to give it a shot.

This summer, eight years after its founding, the startup sold its first “cell-cultivated” product — chicken grown from animal cells, no slaughter required — at an upscale restaurant in San Francisco, after the US Department of Agriculture gave final approval. Another startup, GOOD Meat, gained final regulatory approval on the same day and is selling its cell-cultivated chicken at a José Andrés restaurant in Washington, DC.

Each company is serving up very limited quantities of meat, so it’s nowhere near coming close to displacing conventional meat. The two startups, and the other 150 or so cell-cultivated meat companies around the world, have a long way to go to scale up their technology and bring prices down to compete with farmed meat. It’s far from certain they’ll ever get there. But it’s promising that, in under a decade, the nascent field has made major technological and political strides in the attempt to transform the inefficient, inhumane, and unsustainable factory farming system. —KT

Governments around the world are investing in a meat-free future

Animal farming accounts for around 15 to 20 percent of global greenhouse gas emissions, yet governments have invested only about $1 billion since 2020 in developing meat alternatives, and very few policymakers have proposed initiatives to help humanity cut back on its meat consumption. By comparison, governments have invested $1.2 trillion since 2020 to scale up clean energy.

The lack of attention to making food production more sustainable is starting to change, and some big developments occurred this year.

Most notably, the government of Denmark invested nearly $100 million into a fund to help farmers grow more plant-based foods and companies develop meat- and dairy-alternative products. It also launched the world’s first “action plan” to guide new plant-based food initiatives, like training chefs to cook plant-based meals, reforming agricultural subsidies, and increasing exports of Danish plant-based food products. South Korea announced a similar plan this year too, while German policymakers are putting 38 million Euros toward building up the country’s plant-based industry sector and helping farmers transition to growing plant-based foods amid falling meat production and consumption.

Canada announced a renewal of $110 million into its multi-year program for plant-based food R&D and investments in plant-based companies, while Catalonia, the UK, and other countries also put down money this year to develop alternative proteins.

Much more is needed, and fast, but increasingly, policymakers are grasping the necessity of transforming food systems in order to meet critical climate goals. —KT

Europe is quickly phasing out the ugly practice of “male chick culling”

Each year, the global egg industry hatches 6.5 billion male chicks, but because they can’t lay eggs and they don’t grow big or fast enough to be efficiently raised for meat, they’re economically useless to the industry. So they’re killed hours after hatching, and in horrifying ways: ground up or burned alive, gassed with carbon dioxide, or suffocated in trash bags.

In the last five years, however, scientists have begun to commercialize technologies to identify the sex of a chick while still in the egg, enabling egg hatcheries to destroy the eggs before the males hatch. The first machine came online in Europe in 2018, and the technology is now being adopted by European egg companies at a rapid pace.

According to the animal welfare organization Innovate Animal Ag, at the end of September 2023, 15 percent — or 56 million — of Europe’s 389 million egg-laying hens came from hatcheries that use this technology. That percentage is expected to further rise in the years ahead as several more egg-scanning machines will come online soon.

In the realm of animal farming, technology is often deployed in ways that hurt animals, like breeding them to grow bigger and faster while sacrificing their health and welfare. But here, it’s used to end one of the industry’s cruelest practices. I hope we’ll see even more technologies used for good in the food and farming sectors in the years ahead. —KT

The FDA has approved the first-ever gene editing treatment for use in humans, offering a cure for sickle cell disease

In December, the Food and Drug Administration approved the first-ever therapy using CRISPR gene editing technology for patients 12 and older, offering a potential cure for sickle cell disease (SCD). The disease affects 100,000 people in the US and millions more abroad. Prior to the approval, the only cure for SCD was a bone marrow transplant, a procedure that requires a compatible donor, and kills 5 to 20 percent of patients.

SCD is a collection of inherited blood disorders where a mutation in hemoglobin, a protein found in red blood cells, shapes them into crescents (”sickles”) that restrict blood flow and limit oxygen delivery across the body’s tissues, causing severe pain and organ damage.

The new therapy, under the brand name Casgevy, uses CRISPR like a molecular pair of scissors. It edits a specific portion of a patient’s DNA to make bone marrow cells produce more fetal hemoglobin, which boosts oxygen delivery. In clinical trials, 29 of 31 patients who received treatment were cured of the events that cause pain and organ damage. A second therapy was also approved, Lyfgenia, which adds to a patient’s DNA the functional hemoglobin genes that are resistant to sickling.

As with many novel therapies that rely on frontier technology, the treatment will be expensive, time-consuming, and unavailable to the majority of those in need. At least at first. Roughly three-quarters of those living with sickle cell disease are concentrated in sub-Saharan Africa. And with price tags of $2.2 million for Casgevy and $3.1 million for Lyfgenia, they remain a pipe dream for most (though racking up payments across a lifetime of SCD is also expensive, averaging about $1.7 million for those with insurance).

Still, the news of a cure is providing hope to millions who live with severe chronic pain, and the question of how to expand accessibility is already at the forefront of many doctors’ minds. Clearing the major hurdle of getting the first-ever gene editing therapy approved for use in humans will allow experts to turn their attention to the question of how to make the treatment available for the millions of people with SCD whose lives could be dramatically improved by it. —OJ

31 Dec 01:33

40% of US electricity is now emissions-free

by John Timmer
Image of electric power lines with a power plant cooling tower in the background.

Enlarge (credit: fhm / Getty Images)

Just before the holiday break, the US Energy Information Agency released data on the country's electrical generation. Because of delays in reporting, the monthly data runs through October, so it doesn't provide a complete picture of the changes we've seen in 2023. But some of the trends now seem locked in for the year: wind and solar are likely to be in a dead heat with coal, and all carbon-emissions-free sources combined will account for roughly 40 percent of US electricity production.

Tracking trends

Having data through October necessarily provides an incomplete picture of 2023. There are several factors that can cause the later months of the year to differ from the earlier ones. Some forms of generation are seasonal—notably solar, which has its highest production over the summer months. Weather can also play a role, as unusually high demand for heating in the winter months could potentially require that older fossil fuel plants be brought online. It also influences production from hydroelectric plants, creating lots of year-to-year variation.

Finally, everything's taking place against a backdrop of booming construction of solar and natural gas. So, it's entirely possible that we will have built enough new solar over the course of the year to offset the seasonal decline at the end of the year.

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23 Dec 21:03

Matter, set to fix smart home standards in 2023, stumbled in the real market

by Kevin Purdy
Illustration of Matter protocol simplifying a home network

Enlarge / The Matter standard's illustration of how the standard should align a home and all its smart devices. (credit: CSA)

Matter, as a smart home standard, would make everything about owning a smart home better. Devices could be set up with any phone, for either remote or local control, put onto any major platform (like Alexa, Google, or HomeKit) or combinations of them, and avoid being orphaned if their device maker goes out of business. Less fragmentation, more security, fewer junked devices: win, win, win.

Matter, as it exists in late 2023, more than a year after its 1.0 specification was published and just under a year after the first devices came online, is more like the xkcd scenario that lots of people might have expected. It's another home automation standard at the moment, and one that isn't particularly better than the others, at least how it works today. I wish it was not so.

Setting up a Matter device isn't easy, nor is making it work across home systems. Lots of devices with Matter support still require you to download their maker's specific app to get full functionality. Even if you were an early adopting, Matter-T-shirt-wearing enthusiast, you're still buying devices that don't work quite as well, and still generally require a major tech company's gear to act as your bridge or router.

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21 Dec 15:37

Love Songs

The Piña Colada song carves a trajectory across the chart over the course of the song.